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HomeMy WebLinkAboutVISTA DEL VERDE LANDSCAPE, INC. 3 - 2012City of Santa Ana ®f,1 Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call-64� 2520 if you have any questions. The agreement with No. was completed on (List all amendments. Use space below if needed.) %- 1�A 1 Revised 04-12-10 COTC Office Use Only City of Santa Ana AUJI 02 2021 Clerk of the Council 7 / and final payment has been made. Department: PRc6A Phone/Ext.: ! {I, ,Io\ Signature: J Date: A-2012-113 N, _ E rxPt2e< LE IL IL aT� 7-2 3—IZ LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 4 h day of June, 2012 by Vista del Verde Landscape, 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 provision of park landscape maintenance services comparable with "high-level" 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: SCOPE OF SERVICES Contractor shall perform landscape maintenance services for Santa Ana Parks, District 3, as set forth in City's Request for Proposal 12-006 (RFP), dated April 17, 2012, and the maps included therein. Said RFP is on file at the Parks, Recreation and Community Services administrative offices, and incorporated to this Agreement by reference. Contractor shall specifically comply with the Specification for Routine Maintenance, attached hereto as Exhibit A and incorporated by reference. 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 day, 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 Contractor's fee schedule, attached hereto as Exhibit B, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed five hundred eight thousand, one -hundred sixty four dollars ($508,164.00), plus a ten percent (10%) contingency for unanticipated work required, for a total not to exceed amount of five hundred fifty-eight thousand, nine hundred eighty dollars ($558,980.00), 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, 2012 and terminate on June 30, 2013 unless terminated earlier in accordance with Section 13, below. 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. This Agreement may be renewed for up to four additional one-year terms on the mutual agreement of the parties. 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 and not -contributory 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. 2 c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 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 death, 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. 3 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, 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 of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 Fax 714-571-4211 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Contractor: Vista Del Verde Landscape, Inc. 4 Mr. Robert Johnson 250 Fischer Avenue Costa Mesa, California 92626 Fax 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 Exhibits or Attachments hereto, the terms of this Agreement shall prevail, followed by the provisions of Exhibit A. 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, the 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. 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 and the Specifications set forth in Exhibit A. b. Material Breach: If the Executive Director determines the Contractor has failed in the performance of its duties and/or schedule as provided, the Executive Director may consider the Contractor in material breach. City may exercise all remedies in law or equity including but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or another contractor at Contractor's expense, as determined by the Executive Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. In the event of a material breach, which remains uncured after five (5) days notice to Contractor, City may terminate this Agreement upon 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. 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 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. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR PAUL M. WALTERS Clerk of the Council ✓✓✓ Interim City Manager APPROVED AS TO FORM: VISTA DEL VERDE LANDSCAPE, INC. JOSEPH STRAKA Interim City Attorney By: n Laura Sheeedy Assistant City Attorney 7 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, when the City determines that no extra costs are involved. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub -standard, the director may recommend that all or a portion of payment be withheld. 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 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 contract commencement, and by the first of every month thereafter, Contractor shall submit to the Director for approval: 1) a detailed annual, monthly and weekly work schedule consistent with task frequencies in Exhibit A; 2) time sheets of employees assigned to the contract areas; 3) names and titles of all persons working on the project and their qualifications; and 4) 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 changes occur. The Director shall be immediately notified of any changes to the above information. 8 C. E. F G 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. 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. 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. 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. UNDERGROUND ALERT SYSTEMS Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48-hours in advance prior to any excavation work. 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. 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. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS E The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre -approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 6). H. 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. 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. J. 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. Should the amount of water applied exceed the monthly EAW then the Contractor shall pay the cost of the excess water. I1. GROUNDS/LANDSCAPE MAINTENANCE SPECIFICATIONS A. DEFINITIONS 1. "Director" shall mean the Executive Director of Parks, Recreation and Community Services or designated representative. 2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 3. "Weed" shall mean any undesirable or misplaced plant. B. SCOPE OF WORK It is the intent of this agreement to continually improve the quality of the facilities. The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform high quality grounds/landscape maintenance pursuant to the terms defined herein. The Contractor shall provide all grounds/landscape maintenance at work sites listed herein, including, but not limited to pruning/trimming, shaping and training of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling plant diseases and pests; mowing turf, edging turf and ground cover; 10 A 01 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. 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. EXTRA WORK It is the City's intent to keep parks and other public recreational sites in a beautiful and exceptionally well maintained condition. This specification is designed to continuously improve parks and public recreational sites. It is with this intent in mind that the Director may consider authorizing extra work. Extra work will not be initiated without written authorization. In emergency situations, a not to exceed price may be submitted by contractor via e-mail for review/approval by City. 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 Exhibit E). 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 request 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. TSIDE OF SCOPE 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 prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. Scheduling of Work — Routine Maintenance 11 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 be 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. Contractor may be required to use schedule template provided by City. Once the initial schedule is completed the Contractor shall notify the Director in writing before any changes are made. 2. Work Force a) Contractor's supervisory personnel (Supervisors) shall have a combination of five years experience or education in Ornamental Horticulture, Landscape Architecture, Irrigation Technology or related science. Supervisors shall also possess landscape/grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and/or practices. Supervisors shall accompany the Director on weekly inspection tours of the contract sites. During the tour the Supervisor shall indicate the work completed the previous week, any changes that were made or are being contemplated and the work scheduled for the upcoming week and month. b) The Contractor shall provide a Certified Irrigation Specialists in each district who possess, at minimum, the qualifications described in Section II.E.7. Irrigation Techs shall manage each site's irrigation controller programming, performance and maintenance including, but not limited to, performing all irrigation checks/report writing and performing repairs and/or, modifications to the irrigation system. Your proposal will be evaluated on the qualifications of this individual and the amount of FTE's you assign to each district. Copy of certificate is required with proposal submittal. c) Director may require Contractor to remove any employee from work sites at his or her discretion. Materials 12 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 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. 4. Trash Disposal and Recycling All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. As an alternative, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service. E. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit F. Turf Care 13 Turf care shall be differentiated by the two types of turf - "Casual Turf' and "Sport/Priority Turf (see site maps in Attachment 5 that identify the areas for each type of turf). 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. a) Casual Turf Mowing All "casual" turf (non-sport/priority turf) shall be mowed: 1) weekly May I through October 31 and, 2) every other week November 1 through 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. b) Priority Turf Mowing All "sport/priority" turf as described in Attachment No. 5 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 1/4" 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- contractor shall be responsible for mowing turf infields and other designated ball diamond turf areas. (see Attachment 1). c) Edging and Detailing All edging shall be performed with the use of a McClain's edger or approved substitute. Stick edgers are not allowed. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved 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, or approved substitute, 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 14 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". d) Fertilization (1) Casual Turf - Contractor shall apply fertilizer twice per year (first week of January and July) per the City's agronomic plan (see Attachment 4). (2) Sport/Priority Turf - Contractor shall apply fertilizer four times per year (first week of January, April, October and with annual renovation) per the City's Agronomic Plan" (see Attachment 4). If no summer renovation occurs, the application shall be applied as determined by the Director. e) Irrigation -all turf (1) Contractor shall ensure irrigation schedules are continually 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 15 approval from Park Services prior to exceeding the monthly irrigation budget as detailed in the Monthly Water Conservation Report Estimated Applied Water (EAW) requirements. Failure to get approval from Park Services prior to exceeding the monthly irrigation budget will result in the Contractor paying 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. Contractor may also submit AEWs with engineered drawings to improve these areas of the system. (6) 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. (7) Contractor shall ensure that all staff working on irrigation possess one of the following certifications: a. Fullerton College Certificate of Proficiency in Landscape Irrigation b. UC Riverside Certificate in Landscape Irrigation c. Irrigator Tech Certificate Program (must possess all of the following): i. Certified Irrigation Repair Technician (CIRT) ii. Certified Irrigation Auditor (CIA) iii. Smart Water Certified (SWC) iv. Certified Irrigation Installer (CII) Note: if Contractor staff has not received certification before March 1, 2013, Contractor shall contract with one of the City's pre -qualified irrigation firms for all irrigation work, including weekly visual inspections, monthly reports and repairs. (8) From time to time City staff will advise contractor of special events occurring in contract areas and contractor will be required to adjust irrigation scheduling to avoid negatively impacting the event. Should the contractor fail to properly adjust irrigation or otherwise prepare the area for the special event, a failure to perform in the amount of $916 will be assessed for liquidated damages. 16 f) 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. g) 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 Stovers Seed Company Bermuda Dunes (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 17 (1) Renovation: 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 - Stovers Seed Company Bermuda Dunes seed at six (6) pounds per 1,000 square feet in bare areas and four pounds per 1,000 square feet where turf exists; (b) fall/winter — Stover Seed Company Grand Slam seed at eight 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 eradicate all weeds and 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. The Contractor shall guarantee 100% uniform germination within 10 weeks 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. Renovation must be completed within three months of field closure. Director shall determine sod based on availability/season. (2) Overseeding: Once per month the Contractor shall overseed sport fields 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. This overseeding occurs on all priority sport turf regardless of whether or not a renovation was completed. 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 AG 18 Organics, Inc. AG203 Nutri Mulch 2"- 3" minus or approved equal, ''/z" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. c) Fertilization The Contractor shall fertilize all groundcover areas once per year (first week in April) per the City's agronomic plan (Attachment 4). d) Replanting The Contractor shall be responsible for the complete removal and replacement of ground cover 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. The plants shall be planted at appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. Any plants planted by City/others must be maintained by contractor. Contractor must notify City within 30 days if plants planted by City/others begin to decline. 3. Shrub Care a) Prunin 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 loppers in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on some shrubs, as set designated by the Director. Shear hedging or severe 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, 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 be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible 19 for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. The plans shall be planted at appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. Any plants planted by City/others must be maintained by contractor. Contractor must notify City within 30 days if plants planted by City/others begin to decline. c) 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 AG Organics, Inc. AG203 Nutri Mulch 2"-3" or approved equal, '/2" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. d) Fertilization The Contractor shall fertilize all shrub areas once per year (first week in April) per the City's agronomic plan (Attachment 4). 4. Tree Care a) Height/Quality of Pruning In the first week of 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 3). 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. Contractor shall remove hangers under 15" and fallen limbs 80 lbs. or less. b) Staking, Tying and Guying All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director. Rubber hoses and wire are not permitted 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) 20 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 AG Organics, Inc. AG203 Nutri Mulch 2"-3"or approved equal `/z" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. d) 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. e) 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 pests, or any other signs of distress shall be inspected by a Certified Arborist approved by the Director. Contractor shall provide an exact location and separate evaluation/report for each tree in decline. Contractor shall treat any tree in decline at no additional cost to City. Should the 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. 21 5. 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. Planting of vines shall not exceed 200 per year per district. 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 6. Weeds, Disease and Pest Control a) Weed Control All hardscape and landscape 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 22 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). 7. 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 and Community Services Agency for access and operation of the controller. (2) Surrender all keys furnished by the Parks, Recreation and 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. unless alternative hours are approved by City. c) Water Conservation (1) The Contractors Certified Irrigation Specialist shall meet once a month with Park Services to review the City's Monthly Water Conservation Report to discuss water conservation strategies. These discussions may include, but not be limited to, the Contractor turning off irrigation systems during periods of rainfall 23 and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of the EAW. (2) When Park Services determines that plant material (turf, groundcover, shrubs, and trees) must be irrigated, all controllers shall be activated within twenty-four (24) hours. 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. 8. Hardsc4M 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 every other 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 planters, 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, and trash. The City shall approve any equipment that is to be used for cleaning hardscape. Large trash items in excess of five inches length or 24 width, a muddle of smaller items, spills, and any material (including tree/plant material) that creates a safety hazard shall be picked up daily. 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 pressure washing — Contractor shall perform pressure washing quarterly (second week of January, April, July and October) to remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces including sport courts, sidewalks, picnic pads, and paved areas around buildings. 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, etc.) and park benches shall be wiped clean 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. Contractor shall paint the exterior of the b.b.q.'s and the post with heat and rust resistant flat black paint whenever rust appears. 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 cleaned, sanitized and unplugged on a continuous basis. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The Contractor shall remove all mineral build up, algae, stains, etc. 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. 25 9. 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/wood chips areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand/wood chips to assure that debris and any other foreign objects are removed, removal of weeds, removing sand/wood chips 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/wood chips and debris daily. Any sand/wood chips that accumulate on the rubberized surface shall be reused. Sand/wood chips and debris on the playground equipment shall be removed. b) The City shall be responsible for all playground equipment and tot -lot area safety inspections. 10. Ball Diamond Maintenance The Contractor shall retain a sub -contractor to provide ball diamond infield maintenance as set forth in Attachment 1. 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 all 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 Stovers Bermuda Dunes grass seed during the spring/summer and Stover Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. 26 (3) Level fence line areas using a rock or leveling rake. (4) Level and drag warning track areas using nail drag followed by finishing drag mats. Contractor shall apply new brick dust to fence lines and warning tracks as necessary to maintain consistent ''/2" layer of brick dust in these areas. c) Weekly Maintenance (1) Contractor will then edge the fence lines and warning track to achieve crisp straight lines and a smooth crisp arc where the brickdust warning track meets the sport turf. d) Annual Maintenance (1) Top dress outfield turf using Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. (The "Santa Ana Mix" is sold by AG Organic, Riverside. The specification is: AG Organic Company Organigro Seed Topdress premixed w/California Organic Fertilizer, Inc. Phyla Boost Plant Food 7-1-2 (33cy of Organigro Seed Topdress +700#'s 7-1-2 Phyta Boost per Acre)). e) Non -recurring maintenance: (1) 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. l l . 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 Stovers Bermuda Dunes 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 a level -playing surface free of divots, depressions and uneven surfaces. The Contractor shall add approved topsoil to these areas as necessary to keep the areas level and safe. c) Annually, the Contractor shall top dress outfield turf using Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. 27 12. Sport Court Maintenance a) All sport courts shall be blown off weekly. Courts and fence lines shall be completely free of dirt, debris, etc. b) All tennis 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) All basketball and volleyball courts shall be washed down monthly to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. d) Contractor shall replace tennis and basketball nets when they become worn. The City shall furnish nets. 13. 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 parking lots, landscape areas, paved areas, street curb gutters, flood control channels, etc. Trash shall consist of all items 80 lbs. or less. All trash receptacles and lids shall be wiped clean continuously as stains appear. 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 (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 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. 14. 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 will be determined by the City. 28 15. Special Maintenance In addition to the standard Grounds -Landscape Specification the following special maintenance shall be performed. a) P.E. Bike Trail (Chestnut to Bristol). In addition to the standard Grounds -Landscape Specification the following special maintenance shall be performed. (1) Adams to Bristol — The contractor shall keep the unimproved areas immediately adjacent the improved bike trail free of weeds, debris, and otherwise any objectionable item a minimum of 4' from fence lines and/or to the wall of adjacent buildings. (2) Warner Ave. to Occidental — The unimproved land immediately adjacent (east) of the improved bike trail is a part of this agreement. The Contractor shall maintain all plant material and keep unimproved areas free of weeds, trash and debris. (3) Flower west toward Bristol - This portion of the bike trail has an unimproved portion of property from Flower St. running west along the bike trail. This property shall continuously be maintained free of weeds, trash and debris. 16. Ci . 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, per day not meeting the specifications during any such inspection. 29 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 thirty two (32) Baseball/Softball Diamonds per the specifications and conditions listed below: 2.0 Ball Diamond Locations and Quantities/Types of Diamonds at Each Site 2.1 Delhi Park 2.1.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 2.2 Madison Park 2.2.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 2.2.2 One (1) T-Ball diamond with skinned brickdust infield. 2.3 Memorial Park 2.3.1 One (1) 80'/90' base path Little League Junior/Senior diamond with skinned brickdust infield. 2.3.2 One (1) 60' base path Little League diamond with combination turf/brickdust infield. 2.3.3 Two (2) 60' base path Little League diamonds with skinned brickdust infields. 3.0 Schedule of Work to be Completed 3.1 Delhi Park: 1 day per wk Year round Madison Park: 5 Days per wk , Feb 1" to July 15`h 3 Day per wk, July 16`h to Jan 315` Memorial Park: 5 Days per wk, Feb 1st to July 15"' 1 Day per wk July 16`h to Jan 31 st 4.0 Field Composition Mix (Brickdust) To Be Used When Maintaining In -fields. 30 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 When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix. 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 Drags 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. 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. 31 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 DM 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 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 — 5:00pm, 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 as requested at 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 week. 32 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. 7.3.4 In a 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. 33 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". 7.5 General Brickdust Skinned Infield Areas 7.5.1 After raking/shoveling loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. 7.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop, dugout chain link fencing and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 7.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going air borne. 7.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag". Circular or figure eight drag patterns shall be used (see details 1-A & 1-B). Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and high/low areas. Speed of drag procedure shall not exceed 7 mph. 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. 34 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 nozzle or heavy duty broom. 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: Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump/copper 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" 35 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 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 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 36 Responsibility for and purchase of necessary materials shall be at contractor's expense. Note: The City has the right to move brickdust and Turface materials to other infields under this agreement should they decide that an infield or infields do not require additional materials a particular year. 11.0 Work To Be Completed "AS DIRECTED" 11.1 Replace Base ANCHORS as directed. Note: City of Santa Ana use's the Roger's Breakaway base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. 11.2 Replace Bases as directed. Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed. 11.3 Replace or Remove/Level/Re-Install home plates as directed. 11.4 Replace or Remove/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 two (2) times per week on Monday and Friday. 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 ''/2" and 1/4" per staffs direction. 12.1.3 All turf clippings shall be collected and disposed of. 12.1.4 Edging of infield are shall be performed by infield sub. 37 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. 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 two (2) times per year in the first week of January and April per the agronomic plan. 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 as often as deemed necessary by Staff. 12.4 Infield turf shall be kept weed free at all times. 12.4.1 Any grasses other than the original hybrid Bermuda installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.5 Infield turf shall be kept free of disease and rodents at all times. 12.5.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 12.6 Infield turf annual renovation 12.6.1 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 with Stovers Seed Company Sahara Dunes at a rate of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately following seeding by Materials using "Santa Ana Top Dress Mix." 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. 38 ATTACHMENT 2 ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include, but not be limited, to the following annual bedding plants as approved by the Director: • Spring/Summer — April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus 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. 39 ATTACHMENT 3 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. b. Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. c. Power Line Clearance Prune (PLC) Specifications are used 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. ,e Assuring adequate safety of employees and the public. Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. Contact Mike Lopez, Sr. Park Services Supervisor at (714)571-4212 Office or (714) 231-6112 cell phone. 1.03 CERTIFIED ARBORIST The Contractor shall employee a full-time, permanently certified arborist, as accredited by the International Society of Arboriculture. This person is responsible for ensuring that the Contractor's crews are performing work according to SAPRF specifications. 1.04 SPECIFIC TREE PRUNING SPECIFICATIONS a. All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. b. All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. C. When tree pruning cuts are made to a side limb, such remaining limb must possess a basal thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning cut so affected within a reasonable amount of time. d. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by 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. 41 i. 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. 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. 1. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except palms that are more than sixty-five (65) feet in height. m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved and protected whenever feasible, unless doing so would create a hazard. 1.05 COMPLETE TREE PRUNING SPECIFICATIONS Complete tree pruning shall consist of the total removal of dead 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 (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 of weak structure, which are not important to the framework of the tree. 2) Branches, which if allowed to grow, would wedge apart the junction of more important branches. 3) Branches forming multiple leaders in a single leader type tree. 4) 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. 5) Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl". 6) Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 42 7) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 8) Removal of branches, which project too far outward beyond an otherwise symmetrical form. 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. 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 (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. d. Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: 1) Limbs of weak structure or otherwise hazardous. 2) 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. 43 3) 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 Z133.1-1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 1.08 PALM PRUNING SPECIFICATIONS Palm pruning shall include, but not be limited to, the pruning of the following palms (Syagrus romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. b. The removal of all flowers and fruit parts whether dead or alive. c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty-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 44 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. 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, 45 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. c. Noise levels, resulting from tree work operations, must be kept to a minimum at all times. All tree work operations are subject to compliance with all local Noise Restrictions. Operation of tree work equipment shall not take place between the hours of 9:00 p.m. and 7:00 a.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 Z133.1-1994 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 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 SUBCONTRACTORS 46 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. 1.16 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. 1.17 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. 1.18 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) 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 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. Cld 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) 4224133) 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. 2.03 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 Z133.1-1994. 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. 2.04 SUBSTITUTIONS Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 2.05 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. 2.06 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. 2.07 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. 2.08 SPECIFICATIONS AND PLANS 48 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. 2.09 CONSTRUCTION EQUIPMENT The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 2.10 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. 2.11 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, all driveways shall be accessible with smooth and safe crossings through any construction area (State of California Traffic Manual). 2.12 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 &J, 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 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. 2.13 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. 50 ATTACHMENT 4 AGRONOMIC PLAN FERTILIZATION PROGRAM Priorit Application Maintenance Description Material Units/Measur y Turf dates (unit of measure) e 1 January Fertilize turf -use CA Organic 7-1-2 Phyta Boost Plant 16#/1,000s.f. Phyta Boost Plant Food 7-1-2 Food 33c +700#'s/Ac 2 April Fertilize priotity turf using one Lesco 39-0-0 1#N/1,000 s.f. pount nitrogen per 1,000 s.f. with Lesco 39-0-0 3 W/Annual Turf Renovate turf -use AG Organic- AG Organic'Santa Ana' 16#/1,000s.f. Renovation Organigro Seed Topdress+CA Seed Topdress Mix Organic Phyla Boost Plant Food 7-1-2 33c +700#'s/Ac 4 October Fertilize priotity turf using one Nitro King 19-4-4 19N/1,000 s.f. pound nitrogen per 1,000 s.f. with Nitro Kin 19-4-4 Casual Application Maintenance Description Material Units/Measur Turf dates unit of measure e 1 January CA Organic Phyta Boost Plant 7-1-2 Phyta Boost Plant 16#/1,000s.f. Food 7-1-2 (33c +700#'s/Ac) Food 2 July CA Organic Phyta Boost Plant 7-1-2 Phyta Boost Plant 16#/1,000s.f. Food 7-1-2 (33c +700#'s/Ac) Food GC/S Application Maintenance Description Material Units/Measur dates unit of measure e 1 April Fertilize 8-3-6 Sanctuary Horticulture 12.5 groundcover/shrub/color areas Application using Santuary 8-3-6 (12.5#/1,000s.£) Color Application dates 1 At color change Fertilization of seasonal color 19-6-12 Osmocote 25#/1,000s.£ 51 ATTACHMENT 5 MAPS 52 cn 0 0 V Z V D mn 00 m -� r c� m 0 1 X 0 m --i I x E hd E 1st St nw S I P s � we ECh E St m ip SI E 8ssfiop >h O N E C—M St Wiket— Ave i E VWM— PI Be "PI I O D ^ No^na PI Fian�ood PI E We Son Ave p $ i A n N a><Imdst Gllm Pi N O EM z O N g O E N � m E N^c AV. M AVE E Sunb ford at _ m to w D IV s, m e M m MU 0 n > — 0 o0 TZ W -n N IV — m 00 M m� r— w m 0 q ;u 0 O Z 0 D o.... ... R—A.e e� Hemlock Way W Hemlock My W Sepenaom Ave Yv rn sg aQ �� f �o,.. W Dyer RA E Dyer Rd m syll ,,,/iCCA , y3iY Z ii Ave J+��, •�• W AWm Ave WAN Ave ./ . ...i�p A a r W Alin A- Card Ave W An- A- @ N tek Mkp;.. W cnw a,Y H 1 � a •Aw EDI AVE E Slaailor blast Il. 52 0 ND Sk. UGCbeMel-: .®. I w Pl E $I Anhew i in y; N 22 N +,v M Mille M I E :gm 2n lO g st RI WARIER AVE. )C�ft E Atlams St GO-U n m u w N ii c! • SYCAMORE ST. i F 1 e � � 4 .rn ti 4lrs i, t y �'m M MAIN ST. ,xA %9 ON 3"W 44 tow 1 41 1-- MAIN a' mom, r"' r d W WARNER AM SEOERSTROM e r F r m Az a a X X is 3w r t e RIM I F d w 00 h �. Fri,>.,,.;•� ��.`���� � ail .. • • �LOW�f. S'iR��T' ._. .. s f i io oomRWA► orb a•as•q� SANDPOINTE PARK & PASEOS 3700 Birch at. CD I� 1 ATTACHMENT 6 City of Santa Ana Parks, Recreation, and Community Services Agency Policy for Driving on Park Property Purpose: The purpose of this document is to establish a policy for when it is appropriate for City employees, contractors, and other organization employees to drive on park turf, paved areas and other surfaces. Policy: Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to a job site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. 53 EXHIBIT B FEE SCHEDULE 54 � Qcu N F+ 07 d D � O O O I fn1 m D Q' Q iD cx m 3 3 0 � - mC Z M m L CU Z ° O Q M - -0 °-' T_ y� OCC j m G r' m \" D cu cu �CL d w � to cu o f O O o_ D oT G O M m m 5;F 6 M x- O �+ h m v v i� cr cr n :E W w S r�•r � c °O ,Y m m of O O O_ °- N � 7 3. M rQ Un O m � 7 S M arD - m d wp = A A N to A N to v m JtD loo ui O O V 0) to A W N 1- ' c VI�D r mynwm j fLA 037 I. O M p 0 m W z m a3 am'g 5D3 m ^' �,' m - o,�m O o°_o"� 7 7 ° _• �• A O 1 _n Z 3 m m O v o1 -4 y '� n * Z i O n iF Q m -0 w m LA O A cu tr1 rn Ei m A 0 N V to 01 O N l0 O I•-' V O rn In O O A O to O in m W O A 0 0 0 M O t0 O A v, W W W w W W W W W w enr 3 O � c S (n w V N A I.- A 1-A W A W t0 V to W W 1•A W O N W K W O V to O A m to w N w W O 00 to to O 0) 00 1A 10 IW. v 0 S O K ONO twit 000 A obi 0000 rn = 0 c N 41 r10 ► W N A A 1-A A N In A W W V O V t0 M+ V O w W A O V 00 C71 A 0 00 OD N W V O 0o O� O1 O 0) A A O w o a 3 W c 1-+ A w W w F+ w F•+ m w N pp O In O A t0 N W t0 N O N t0 A O► 00 O W W 01 � 00 O� 00 tD t0 O A t0 00 O 01 O O O N a) 00 O 0l 3 � Oi 3 O � t�0 N N to a N N cn N D 3 C N O N A w to to N to 1- 01 to � W O W W V W W V W cn 1-+ 1+ 01 pt Oo O W W O W O" V 00 to to A 0 O 0 N A t0 W M N 001 N N 0 N 00 00 0 (A — - o, n m X ID a (D 01 Q W n CL C S p F+ N m m 3 O c cn c . V w m ID o n < D a ° CL m m M + n O 0 O Oi � N rN•F M 3 3 w o O c O CD O d 3 � lA ° M O — y OJ K 7' -OQ a a m v1 O m � m S eY O O) o r. O m � 7 ° d 3 d a" o 7 m Ci w M 1\\ IA m O 2 Q N //►► N 3 a N OA 3 ° S =. < m m x rDD O a U 3' m a r: Pf T c cr N m O. m m 3 O CL Q r S n .r m A 1 cu r rD M 3 = o m W m m CL � m m S N K O S M 7 m N OJ N ~ O IAQ, o =r < 0 o ma O m O � � O G a N m I N N n 0 n 01 D O r' VI m m a x N S m :+ =' D O 7 0 a C ACORV. CERTIFICATE OF LIABILITY INSURANCE DATE(M' 12/7/2011011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Landscape Contractors (Lic#0755906) Insurance Services, Inc. 1835 N. Fine Avenue Fresno CA 93727 CONTACT NAME: Debbie Cerkueira PNONE No (559) 650-3555 FAX (559)650-3558 EMAIL .dcerkueira@lcisinc.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:ARCH Insurance Company 11150 INSURED Vista del Verde Landscape, Inc. 250 Fischer Avenue Costa Mesa CA 92626 INSURER B : INSURERC: INSURERD: INSURER E : INSURERF: COVFRAGFS CFRTIFICATF MIIMRFR-11-12 Plea & Auto RFVICIAM IJI IMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCEADDLSUBR POLICY NUMBER POLICY EFF /YYYY POLICY EXP M / D LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTffg-- PREMISES Ea occurrence - $ 100,000 A CLAIMS -MADE Fix] OCCUR X LCPKGO053903 /1/2011 /1/2012 MEDEXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 X $500 PD DED GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 11000,000 BODILY INJURY (Per person) $ A ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED X SCHEDULED AUTOS AUTOS LCPKGO053903 /1/2011 /1/2012 X PROPERTY DAMAGE Per accident $ HIRED AUTOS X NON -OWNED AUTOS Medical payments $ 5,000 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / NLMTS E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: All landscape operations performed by or on behalf of the named insured. Primary Insurance/Non Contributory Blanket Additional insured per attached OOGLO434000108 & CG2010 07/04 & CGO011207 City of Santa Ana, Its officers, agents & employers (Excluding Professional Liability) are named as additional insured. This, rev�x"; certificate dated 07-06-2011 & 10-05-2011 f City of Santa Ana Parks & Recreation and Community Services Agency Attn Silvia Cuevas 26 Civic Center Plaza Santa Ana, CA 92701-4010 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cerkueira/KSAENZ ACORD 25 (2010/05) 01988-2010 ACORD CORPORATION. All rights reserved. INS026 (201005).01 The ACORD name and logo are registered marks of ACORD r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED PROTECTION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. SECTION II - WHO IS AN INSURED is amended to include as an insured any organization or person required to be named as an additional insured pursuant to a written contract or agreement. The insurance provided by this endorsement is subject to the following: a. This insurance does not appiy to any person or organization not specifically approved by us as an additional insured. b. Any insurance afforded an additional insured under this endorsement shall not begin before the date that the person or organization is approved by us as an additional insured. c. The Limits of Insurance under this insurance, which are listed in the Declarations of this policy, shall not be increased, regardless of the number of additional insureds, or the limits specified in the contract or agreement. d. Any coverage that is not provided under an additional insured's liability insurance policy for your acts, errors, or omissions is also not provided under this insurance. e. With respects to the additional insured, this insurance does not apply to: 1. "Property Damage" to "your product" arising out of it or any part of it. 2. "Property Damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". 3. Liability for "Property Damage" or "Bodily Injury" for acts, errors, omissions of an additional insured. f. If required under written contract, this insurance will apply to an additional insured as primary insurance and other insurance which may be available to such additional insured shall apply on an excess basis. g. If required by a written contract, we waive our right to recovery against any additional insured because of payments we make for injury or damage arising out of :your ongoing operations, or "your work" done under a contract with that additional insured and included in the "products completed operations hazard". All other terms and conditions of this Policy remain unchanged. Endorsement Number: N/A Policy Number: LCPKGO053903 Named Insured: Vista del Verde Landscape, Inc. This endorsement is effective on the inception date of this policy unless otherwise stated herein. Endorsement Effective Date: 07/01/2011 00 GL0434 00 01 08 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 1 .with its permission . W (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. b. If a claim is made or 'suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or 'suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit'; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. CG 00 01 12 07 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages Aor Bof this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Para- graph b. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. be- low. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for 'Your work'; (ii) That is Fire insurance for premises rented to you or temporarily occu- pied by you with permission of the owner; (III) That is insurance purchased by you to cover your liability as a tenant for "pro perty damage" to premises rented to you or temporarily occu- pied by you with permission of the owner; or (iv) If the loss arises out of the mainte- nance or use of aircraft, 'autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A— Bodily Injury And Property Dam- age Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an addi- tional insured by attachment of an en- dorsement. (2) When this insurance is excess, we will have no duty under Coverages Aor B to defend the insured against any 'suit" if any other insurer has a duty to defend the insured against that 'suit". If no other insurer de- fends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. © ISO Properties, Inc., 2006 Page 11 of 16 ❑ INSURED COPY P(;:,ICY NUMBER: LCPKGO053903 COMMERICAL GENERAL LIABILITY NAMED INSURED: Vista del Verde Landscape, Inc. CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSONS OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILTIY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations City of Santa Ana, Its officers, agents & employers (Excluding Professional Liability) with respects to work performed @ All landscape operations performed by or on behalf of the named insured. Information required to complete this schedule, if not shown above, will be shown in the Declarations. A. Section II — Who is An Insured is amended to include as an addition insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage: occurring after: 1. All work, including materials, parts or equip-ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in -tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi-pal as a part of the same project. All terms and conditions of this policy apply unless modified by this endorsement. CG 20 10 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1 13 n� CERTIFICATE OF LIABILITY INSURANCE �0/S/2011"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsements . PRODUCER ME: Debbie Cerkueira PHONE (559) 650-3555 A/C No; (559)650-3558 Landscape Contractors (Lic#0755906) Iasurance Services, Inc. IIIApogrss.dcerkueira@lcisinc.com 1835 N. Fine Avenue INSURERS AFFORDING COVERAGE NAIC i INSURERA :Tower Select Ins Co/ 44300 Fresno CA 93727 INSURED INSURERB:Tower Group Companies Vista del Verde Landscape, Inc. INSURERC: 250 Fischer Avenue INSURER D INSURER E : Costa Mesa CA 92626 INSURER F: COVERAGES CERTIFICATE NUMBER:11-12 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY FF MMIDDIYY POLICY XP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PREMISES Ee occurrence $ COMMERCt4L GENERAL LIABILITY MED EXP (Any one person) $ CLAIMS -MADE OCCUR X PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PROJECTLOC $ AUTOMOBILE LIABILITY COMBINED SINGLffTM7— (Ea accident _ BODILYINJURY(Perperson) $ ANY AUTO ''l' ° ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS r n �/ '���7 \ :'" .� -�� -� BODILY INJURY (Per accident ) $ PROPERTYDAMAGE— Peraccident $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPFRATIONS below NIA C 0014543 01 /1/2011 /1/2012 X VvC STATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: All landscape operations performed by or on behalf of the named insured. This revises certificate dated 07-06-2011 City of Santa Ana Parks & Recreation and Community Services Agency Attn Silvia Cuevas 26 Civic Center Plaza Santa Ana, CA 92701-4010 %.MN%.CLLiI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Hall, CISR/KSAENZ ACORD 25 (2010/05) O 1988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005) 01 The ACORD name and logo are registered marks of ACORD