City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
CONTRACT NUMBER MA# 106- 498490
BETWEEN
CITY OF ANAHEIM
AND
EMTS, INC. DBA ELITE MAINTENANCE & TREE SERVICES
FOR
LANDSCAPE MAINTENANCE SERVICES
This Agreement MA#106-498490 for Landscape Maintenance (hereinafter referred to as “Contract”) is made and entered into as of the date fully executed by and between the City of Anaheim, a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter City of Anaheim, (hereinafter referred to as “City”), with a place of business at 200 S. Anaheim Blvd, Suite 620, Anaheim, CA 92805 and EMTS, Inc. dba Elite Maintenance & Tree Services , (hereinafter referred to as “Contractor”), with a place of business at 2972 Larkin Avenue Clovis CA 93612, with City and Contractor sometimes individually referred to as “Party”, or collectively referred to as “Parties”.
ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:
Attachment A – Scope of Work and Specifications
Attachment B – Pricing, Payment and Compensation
RECITALS
WHEREAS, the City of Anaheim/Central Purchasing Office on behalf of the Community Services Department, issued Invitation For Bids (IFB)# 213- 288197-AH for Landscape Maintenance Services for Anaheim Police Department (APD) and City Library Sites on February 5, 2025; and WHEREAS, the Contractor responded to the IFB for Landscape Maintenance Services and represented that its proposed services shall meet or exceed the requirements of the IFB; and, WHEREAS, the City desires to enter into Contract Master Agreement# 106- 498490, hereinafter referred to as “Contract” for Landscape Maintenance Services for Anaheim Police Department, Anaheim Fire and Rescue Department and City Library Sites with the Contractor as further set forth in this Contract and subsequent attachments effective on the date of execution for a term of one (1) year with the City having the option to renew for an additional four (4) one year periods; and, WHEREAS, the Contractor agrees to provide Landscape Maintenance Services based on the Scope of Work, attached hereto as Attachment A; and
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
WHEREAS, the City agrees to pay Contractor based on the schedule of fees set forth in Pricing, Payment, and Compensation, attached hereto as Attachment B; and, NOW, THEREFORE, the Parties mutually agree as follows:
ARTICLES
I. General Terms and Conditions:
A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another County.
B. Entire Contract: This Contract contains the entire Contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any City employee or agent, including but not limited to installers of software, shall not be valid or binding on City unless accepted in writing by City’s Purchasing Agent or designee.
C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing.
D. Taxes: Unless otherwise provided herein or by law, price quoted includes California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment.
E. Delivery: Timely delivery and completion of the Landscape Maintenance Services is of the essence in this Contract. City reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind City to accept future shipments nor deprive it of the right to return comm odities already accepted at Contractor’s expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all commodities or services have been received and accepted in writing by City.
F. Acceptance Payment: Unless otherwise agreed to in writing by City, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of City, and 2) payment shall be made in arrears after satisfactory acceptance.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
G. Warranty: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor’s part to indemnify, defend and hold City and its indemnities as identified in Article “Z” harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by City by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non - compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.
H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific require ment contained in paragraph “Z” below, it shall indemnify, defend and hold City and City Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s) , including, costs and expenses but not including attorney’s fees.
I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of City. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of City shall be invalid and shall constitute a breach of this Contract.
J. Non-Discrimination: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.
K. Termination: In addition to any other remedies or rights it may have by law, City has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of Contractor. Exercise by City of its right to terminate Contract shall relieve City of all further obligation.
L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
M. Independent Contractor: Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of City. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers’ compensation or other fringe benefits of any kind through City.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
N. Performance Warranty: Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to City’s satisfaction . Contractor shall be responsible for the professional quality, technical assurance, timely completion, and coordination of all documentation and other commodities/services furnished by Contractor under this Contract.
Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of City required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.
O. Bonding and Insurance Requirements: Some procurements may require bonding and/or insurance. Specific requirements will be stated in the applicable bid documents. In the event bonding is required, bonds shall be submitted in a form acceptable to City (samples will be included in the documents). Checks or letters of credit will not be accepted in lieu of bonding.
When work will be performed on City property, City’s standard insurance requirements (shown below) will apply, unless otherwise indicated in the bid specifications.
Coverage Minimum Limits
Commercial General Liability $2,000,000 occurrence
$4,000,000 aggregate
Automobile Liability including coverage for owned,
non-owned and hired vehicles $2,0000,000 combine single limit per occurrence
Workers’ Compensation Statutory
Employers’ Liability Insurance $1,000,000 per occurrence
Commercial General Liability Insurance , including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor’s Liability, in an amount not less than $2,000,000 per occurrence/$4,000,000 aggregate. Such insurance shall be written on a primary basis and may include a deductible or self-insurance retention of not more than $10,000 per occurrence or claim, provided that such deductible or SIR is disclosed to City, in writing, at the inception of this Contract and approved by the Risk Manager for City.
Commercial Automobile Liability Coverage, as required by California law, including—as applicable—owned, non- owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit. Such insurance shall be written on a primary basis and may include a deductible or self-insurance retention of not more than $10,000 per occurrence or claim, provided that such deductible or SIR is disclosed to City, in writing, at the inception of this Contract and approved by the Risk Manager for City.
The Contractor is responsible for satisfaction/payment of all deductibles and Self -Insured Retentions (SIR).
Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000. This requirement may be satisfied by execution City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
of a waiver confirming exemption from the California workers compensation statutory requirements if there are no statutory employees.
Contractor may satisfy these requirements with primary and excess/umbrella coverage subject to review and acceptance by the Risk Manager for the City.
The City’s Risk Manager is authorized to amend the requirements or approve exceptions to the above requirements as set forth herein in the event such reductions or Contractor generated exception requests or amendments as to form is/are in the City’s best interest.
Each insurance policy or certificate of insurance required by this Contract shall contain the following clauses:
“In the event of any payment under this policy, we waive our right of recovery against City of Anaheim and their respective officers, officials, and employees.”
Each insurance policy or certificate of insurance required by this Contact, excepting policies for workers’ compensation, shall contain the following clauses or endorsements:
"It is agreed that any insurance maintained by City of Anaheim shall apply in excess of, and not contribute with coverage provided by this policy."
"City of Anaheim, their officers, officials, and employees are added as additional insureds per the Insurance Services Office Inc. form endorsement known as CG 20 11 01 96 ADDITIONAL INSURED – MANAGERS OR LESSORS OF PREMISES, or, as an alternative, either an endorsement or insurance policy language which provides coverage, terms, and conditions to said additional insureds which are equal to or better than the coverage, terms, and conditions provided by the CG 20 11 01 96 endorsement.”
Any insurance required under this Contract must be written by an insurance company admitted to do business in California.
The City of Anaheim is to be named as Additional Insured. All policies shall provide for a minimum of 30 days’ written notice of any change or cancellation. Insurance policies to be in form and written through companies acceptable to City.
Insurance certificates should state:
City of Anaheim
Attn: Central Purchasing Office
200 S. Anaheim Blvd Ste. 620
Anaheim, CA 92805
Email: [email protected]
P. Changes: Contractor shall make no changes in the work or perform any additional work without City’s specific written approval.
Q. Change of Ownership/Name, Litigation Status, Conflicts with City Interests: Contractor agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion of this Contract, and City agrees to an assignment of Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume Contractor’s duties and City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
obligations contained in this Contract and complete them to the satisfaction of City.
City reserves the right to immediately terminate Contract in the event City determines that the assignee is not qualified or is otherwise unacceptable to City for the provision of services under Contract.
In addition, Contractor has the duty to notify City in writing of any change in Contractor’s status with respect to name changes that do not require an assignment of Contract. Contractor is also obligated to notify City in writing if Contractor becomes a party to any litigation against City, or a party to litigation that may reasonably affect Contractor’s performance under Contract, as well as any potential conflicts of interest between Contractor and City that may arise prior to or during the period of Con tract performance. While Contractor will be required to provide this information without prompting from City any time there is a change in Contractor’s name, conflict of interest or litigation status, Contractor must also provide an update to City of its status in these areas whenever requested by City.
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with City interests. In addition to Contractor, this obligation shall apply to Contractor’s employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. Contractor’s efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers in the performance of their duties.
R. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to City within 36 hours of the start of the delay and Contractor avails himself of any available remedies.
S. Confidentiality: Contractor agrees to maintain the confidentiality of all City and City- related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees.
T. Compliance with Laws: Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by City in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by City. Contractor acknowledges that City is relying on Contractor to ensure such compliance, and pursuant to the requirements of paragraph “Z” below, Contractor agrees that it shall defend, indemnify and hold City and City Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.
U. Freight: Prior to City’s express acceptance of delivery of products. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each Party shall bear their own attorney’s fees, costs and expenses.
X. Interpretation: This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each Party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contra ct by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the Party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the Parties and this Contract.
Y. Employee Eligibility Verification: Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Contractor shall obtain from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. Contractor shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Contractor or City or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.
Z. Hold Harmless and Indemnification: Contractor agrees to indemnify, defend and hold harmless the City (including its officers and employees) from and against any and all claims of any kind or nature presented against the City arising out of Contractor’s (including Contractor’s employees, representatives, products, and subcontractors) performance under any purchase order or agreement, excepting only such claims, costs, or liability which may arise out of the sole negligence of the City.
AA. Audits/Inspections: Contractor agrees to permit the City’s authorized representative (including auditors from a private auditing firm hired by City) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of Contract including, but not limited to, the costs of administering Contract. City will provide reasonable notice of such an audit or inspection. City reserves the right to audit and verify Contractor’s records before final payment is made.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated under this Contract or by City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to City to audit records and interview staff of any subcontractor related to performance of this Contract.
Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract shall be forwarded to City’s project manager.
BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon budget approval for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Contract without penalty.
CC. California Public Records Act: Contractor and City agree and acknowledge that all information and documents related to the award and performance of this Contract may be subject to disclosure pursuant to the California Public Records Act, California Government Code Section 7920.000 et seq. Contractor shall not respond to any California Public Records Act request directed at City; all responses shall be handled by City.
Additional Terms and Conditions:
1. Scope of Contract: This Contract specifies contractual terms and conditions by which City will procure landscape maintenance services for Police Department and City Library Sites from Contractor as further detailed in the Scope of Work, identified and incorporated herein by this reference as “Attachment A”.
2. Term of Contract: This Contract shall commence upon execution of all necessary signatures and be effective for one (1) year, with the option to renew for (4) additional one (1) year terms, unless otherwise terminated by City.
3. Adjustments – Scope of Work: No adjustments made to the Scope of Work will be authorized without prior written approval of the Purchasing Agent or designee.
4. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Contractor shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Contractor shall promptly procure its release and, in accordance with the requirements of paragraph “Z” above, indemnify, defend, and hold City harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto.
5. Changes in Specifications: No changes shall be made in the specifications unless authorized by the City. The City shall have the right to make reasonable changes at any time, if not cost is associated with those changes, including drawings that are a part thereof or made a part thereof by reason of the changes.
6. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
7. Americans with Disabilities Act (ADA): Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment oppor tunities, and services must be made available to all persons, including persons with disabilities.
8. Authorization Warranty: The Contractor represents and warrants that the person executing this Contract on behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each and every term, condition and obligation of this Contract and that all requirements of the Contractor have been fulfilled to provide such actual authority.
9. Breach of Contract: The failure of Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event City may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Terminate Contract immediately, pursuant to Article K herein; and
b. Afford Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; and
c. Discontinue payment to the Contactor for and during the period in which Contractor is in breach; and
d. Offset against any monies billed by Contractor but unpaid by City those monies disallowed pursuant to the above.
10. Conflict of Interest – Contractor’s Personnel: Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of City. This obligation shall apply to Contractor; Contractor’s employees, agents, and subcontractors associated with accomplishing work and services hereunder. Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its emplo yees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of City.
11. Conflict of Interest – City Personnel: City Council policy prohibits its employees from engaging in activities involving a conflict of interest. Contractor shall not, during the period of this Contract, employ any City employee for any purpose.
12. Contractor’s Project Manager and Key Personnel: Contractor shall appoint a Project Manager to direct Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project Manager shall be subject to approval by City and shall not be changed without the written consent of City’s Project Manager, which consent shall not be unreasonably withheld.
Contractor’s Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and services to meet the project timelines. City’s Project Manager shall have the right to require the removal and replacement of Contractor’s Project Manager from providing services to City under this Contract. City’s Project Manager shall notify Contractor in writing of such action. Contractor shall accomplish the removal within five (5) business days after written notice by City’s Project Manager. City’s Project Manager shall review and approve the City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
appointment of the replacement for Contractor’s Project Manager. City is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under Contract.
13. Contractor’s Records: Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Contractor in accordance with generally accepted accounting principles. These records shall be stored for a period of three (3) years after final payment is received from City.
14. Contractor Work Hours and Safety Standards: The Contractor shall ensure compliance with all safety and hourly requirements for employees in accordance with federal, state, and City’s safety regulations and laws.
15. Conditions Affecting Work: Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to City. City assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by City are expressly stated in Contract.
16. Data – Title To: All materials, documents, data or information obtained from City data files or any City medium furnished to Contractor in the performance of this Contract will at all times remain the property of City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of City. All materials, documents, data or information, including copies, must be returned to City at the end of this Contract.
17. Default – Re-Procurement Costs: In case of Contract breach by Contractor, resulting in termination by City, City may procure the commodities and services from other sources. If the cost for those commodities and services is higher than under the terms of the existing Contract, Contractor will be responsible for paying City the difference between Contract cost and the price paid, and City may deduct this cost from any unpaid balance due Contractor. The price paid by City shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law.
18. Defective Materials: Any materials not conforming to the requirements of the Specifications in Attachment A – Scope of Work and Specifications shall be considered defective. All such materials, whether in place or not, shall be immediately removed from the site of the work. Any defective materials delivered or installed shall be removed by the City and all costs of removal and replacement shall be deducted from any amounts due or to become due do the Contractor. No rejected materials, the defects of which have been subsequently corrected, shall be used.
19. Disputes – Contract: The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the City‘s Project Manager, as specified in Article 25 “Notices”, such matter shall be brought to the attention of the City Purchasing Agent by way of the following process:
a. The Contractor shall submit to the Purchasing Agent a written demand for a final City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless City, on its own initiative, has already rendered such a final decision.
b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Contractor believes City is liable.
c. In the event a dispute in which the welfare of City residents is at stake and/or immediate procurement action is required to prevent serious economic or other hardship to the City, the Project Manager or designee may proceed with necessary temporary actions, including moving forward with the disputed work, until the issue is resolved.
Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of commodities and/or provision of services. Contractor’s failure to diligently proceed shall be considered a material breach of this Contract.
Any final decision of City shall be expressly identified as such, shall be in writing, and shall be signed by City Purchasing Agent or his designee. If City fails to render a decision within 90 days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section shall be construed as affecting City’s right to terminate Contract for cause or termination for convenience as stated in Article K herein.
20. Drug-Free Workplace: Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1).
b. Establish a drug -free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace; and
ii. The organization’s policy of maintaining a drug-free workplace; and iii. Any available counseling, rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. c. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:
i. Will receive a copy of the company’s drug-free policy statement; and ii. Will agree to abide by the terms of the company’s statement as a condition of employment under this Contract.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
d. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Contractor may be ineligible for award of any future City contracts if City determines that any of the following has occurred:
i. Contractor has made false certification, or
ii. Contractor violates the certification by failing to carry out the requirements as noted above.
21. Emergency/Declared Disaster Requirements: In the event of an emergency or if the City of Anaheim is declared a disaster area by city, county, state or federal government, Contract may be subjected to unusual usage. Contractor shall service City during such an emergency or declared disaster under the same terms and conditions that apply during non-emergency/disaster conditions.
The pricing quoted by Contractor shall apply to serving City’s needs regardless of the circumstances. If Contractor is unable to supply the goods/services under the terms of Contract, then Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from Contractor’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from Contractor shall show both the emergency purchase order number and Contract number.
22. Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to submission to the City.
Contractor agrees that City review is discretionary, and Contractor shall not assume that the City will discover errors and/or omissions. If the City discovers any errors or omissions prior to approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the City or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after City approval thereof, City approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the City and Contractor, and the reports, files or documents will be returned to Contractor for correction.
23. Equal Employment Opportunity: Contractor shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.
Regarding handicapped persons, Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.
Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.
24. Headings: The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.
25. Liquidated Damages: In the event the Contractor fails to provide landscape maintenance services for Police Department and City Library Sites or any portion thereof by the delivery dates as specified in the Contract or any agreed-upon amendment or schedule, the Contractor shall be liable for liquidated damages as set forth in the Liquidated Damages Table in Attachment A.
26. News/Information Release: Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from City through City’s Project Manager.
27. Notices: Any and all notices, requests, demands, and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the Assigned Buyer, except through the course of the Parties’ Project Managers’ routine exchange of information and cooperation during the terms of the wor k and services. Any written communications shall be deemed to have been duly given upon actual in- person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate Party at the address stated herein or such other address as the Parties hereto may designate by written notice from time to time in the manner aforesaid.
Contractor: EMTS, Inc. dba Elite Maintenance & Tree Service Attn: Darin Sherlock
2972 Larkin Avenue
Clovis CA 93612
Telephone: (559) 292-2900
Email: [email protected]
Project Manager: Community Services
Attn: Ariel De La Paz
200 S. Anaheim Blvd. │ Suite 433
Anaheim, CA 92805
Telephone: (714) 765- 4461
Email: [email protected]
Assigned Buyer: CITY OF ANAHEIM/Central Purchasing Office Attn: Ariana Hernandez, Buyer II
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
Telephone: (714) 765-4543
Email: [email protected]
With a Copy To: City Clerk
City of Anaheim
200 S. Anaheim Blvd, 2nd Floor
Anaheim, CA 92805
28. Order Dates: Orders may be placed during the term of the Contract even if delivery may not be made until after the term of the Contract. The Contractor must clearly identify the order date on all invoices to City and the order date must precede the expiration date of the Contract.
29. Ownership of Documents: City has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the City and may be used by the City as it may require without additional cost to the City. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
30. Permits and Licenses: Contractor shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by City in its governmental capacity shall affect or limit Contractor’s obligations hereunder, nor shall any approvals or consents given by City as a party to this Contract, be deemed approval as to compliance or conform ance with applicable governmental codes, laws, ordinances, rules, or regulations.
31. Precedence: Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.
32. Prevailing Wage (as applicable):
a. Prevailing Wage (Labor Code §1773): Pursuant to the provisions of Section 1773 et seq. of the California Labor Code, Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime wages in this locality for each craft, classification, or type of worker needed to execute Contract. The rates are available from the Director of the Department of Industrial Relations at the following website: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates. Contractor shall comply with the provisions of Sections 1775 and 1813 of the Labor Code.
b. Labor Code Requirements: Contractor and all Subcontractors shall comply with all applicable requirements of the Labor Code throughout the performance of Contract, including but not limited to the following:
c. Labor Code Notice: Contractor and all Subcontractors must comply with the requirements of Labor Code Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5. Bids cannot be accepted from unregistered contractors except as provided City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
in Section 1771.1. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. After award of the Contract, Contractor and each Subcontractor shall furnish electronic payroll records directly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.
d. Threshold Requirements for Prevailing Wages: Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works. e. Wage Rates: Contractor shall post a copy of the wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Board of Supervisors has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. These rates are on file with the Clerk of the Board of Supervisors. Copies may be obtained at cost at the office of OC Community Resources/ OC Parks or visit the website of the Department of Industrial Relations, Prevailing Wage Unit at www.dir.ca.gov/DLSR/PWD. The Contractor shall comply with the provisions of Sections 1774, 1775, 1776 and 1813 of the Labor Code.
f. Apprenticeship Requirements: The Contractor shall comply with Section 230.1(A), California Code of Regulations as required by the Department of Industrial Relations, Division of Apprenticeship Standards by submitting DAS Form to the Joint Apprenticeship Committee of the craft or trade in the area of the site. g. Registration of Contractor: All contractors and subcontractors must comply with the requirements of Labor Code Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5. Bids cannot be accepted from unregistered contractors except as provided in Section 1771.1. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. After award of the contract, Contractor and each Subcontractor shall furnish electronic payroll records direct ly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.
Prevailing Wage and DIR Requirement: Awarding agencies are not required to submit the notice of contract award through DIR’s PWC -100 system on projects that fall within the small project exemption. The small project exemption applies for all public works projects that do not exceed:
• $25,000 for new construction, alteration, installation, demolition or repair • $15,000 for maintenance
If the project meets or exceeds these amounts, the City and the Contractor are required to register the project with the California Department of Industrial Relations. h. Payroll Records: Contractor and any Subcontractor(s) shall comply with the requirements of Labor Code Section 1776. Such compliance includes the obligation to furnish the records specified in Section 1776 directly to the Labor Commissioner in an electronic City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
format, or other format as specified by the Commissioner, in the manner provided by Labor Code Section 1771.4.
The requirements of Labor Code Section 1776 provide, in summary:
i. Contractor and any Subcontractor(s) performing any portion of the work under this Contract shall keep an accurate record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any Subcontractor(s) in connection with the work.
ii. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by his or her employees in connection with the Contract.
iii. The payroll records shall be certified and shall be available for inspection at the principal office of Contractor on the basis set forth in Labor Code Section 1776. iv. Contractor shall inform City of the location of the payroll records, including the street address, city and county, and shall, within five (5) working days, provide a notice of any change of location and address of the records. v. Pursuant to Labor Code Section 1776, Contractor and any Subcontractor(s) shall have ten (10) days in which to provide a certified copy of the payroll records subsequent to receipt of a written notice requesting the records described herein.
In the event that Contractor or any Subcontractor fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100), or a higher amount as provided by Section 1776, for each calendar day, or portion thereof, for each worker to whom the noncompliance pertains, until strict compliance is effectuated. Contractor acknowledges that, without limitation as to other remedies of enforcement available to City, upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the California Department of Industrial Relations, such penalties shall be withheld from progress payments then due Contractor. Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
vi. Contractor and any Subcontractor(s) shall comply with the provisions of Labor Code Sections 1771 et seq., and shall pay workers employed on the Contract not less than the general prevailing rates of per diem wages and holiday and overtime wages as determined by the Director of Industrial Relations. Contractor shall post a copy of these wage rates at the job site for each craft, classification, or type of worker needed in the performance of this Contract, as well as any additional job site notices required b y Labor Code Section 1771.4(b). Copies of these rates are on file at the principal office of City’s representative, or may be obtained from the State Office, Department of Industrial Relations (“DIR”) or from the DIR’s website at
www.dir.ca.gov. If the Contract is federally funded, Contractor and any City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
Subcontractor(s) shall not pay less than the higher of these rates or the rates determined by the United States Department of Labor.
Work Hour Penalty: Eight (8) hours of labor constitute a legal day's work, and forty hours constitute a legal week's work. Pursuant to Section 1813 of the Labor Code of the State of California, the Contractor shall forfeit to the City Twenty Five Dollars ($25) for each worke r employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than the legal day's or week's work, except that work performed by employees of said Contractor and subcontractors in excess of the legal limit shall be permitted without the foregoing penalty upon the payment of compensation to the workers for all hours worked in excess of eight (8) hours per day of not less than 1-1/2 times the basic rate of pay.
Wage Rate Penalty: Contractor and any Subcontractor(s) shall comply with the provisions of Labor Code Section 1775. Contractor and any Subcontractor(s) shall be subject to a penalty in an amount up to $200, or a higher amount as provided by Section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done by Contractor or Subcontractor(s) under Contract.
Apprentices: The Contractor acknowledges and agrees that, if this Contract involves a dollar amount greater than or a number of working days greater than that specified in Labor Code Section 1777.5, this Contract is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of the Contractor to ensure compliance with this Article and with Labor Code Section 1777.5 for all apprenticeable occupations.
Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, the Contractor and any subcontractors under him employing workers in any apprenticeable craft or trade in performing any work under this Contract shall apply to the applicable joint apprenticeship committee for a certificate approving the Contractor or subcontractor under the applicable apprenticeship standards and fixing the ratio of apprentices to journeymen employed in performing the work.
Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, the Contractor and any subcontractor under him may be required to make contributions to the apprenticeship program.
The Contractor and all subcontractors under him shall comply with Labor Code Section 1777.6 which Section forbids certain discriminatory practices in the employment of apprentices.
33. Service Review and Acceptance: Deficient services will be rejected, and the Contractor will be required to make the necessary service corrections to the City’s satisfaction. It shall be the Contractor’s responsibility to address any deficiencies, implement required corrections, and deliver services at no additional cost to the City.
34. Safety Data Sheets (SDS): The Contractor is required to provide a completed Safety Data Sheet (SDS) for each hazardous substance provided to the City under this Contract. This includes hazardous substances that are not directly included in the Contract but are included in the services provided by the Contractor to the City. The provision of the SDSs must be in accordance with the requirements of California Labor Code Sections 6380 through 6399, General Industry Safety Order Section 5194, and Title 8, California Code of Regulations. The SDSs for each substance must be sent to the place of shipment or provision of service.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
35. Substitutions: The Contractor is required to meet all specifications and requirements contained herein. No substitutions will be accepted without prior City written approval.
36. Usage: No guarantee is given by City to Contractor regarding usage of this Contract. Usage figures, if provided, are approximations. Contractor agrees to supply services and/or commodities requested, as needed by City of Anaheim, at rates/prices listed in Contract, regardless of quantity requested.
Signature Page follows
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
CONTRACT SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed on the dates hereinafter respectively set forth.
DATE OF EXECUTION:
CITY OF ANAHEIM
a municipal corporation
By:
KARI BOUFFARD, PURCHASING AGENT
DATE OF EXECUTION: EMTS, Inc. dba Elite Maintenance & Tree Services*
By:
Title:
DATE OF EXECUTION:
Printed Name:
EMTS, Inc. dba Elite Maintenance & Tree Services*
By:
Title:
Printed Name:
ATTEST:
By:
THERESA BASS, CITY CLERK
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By:
Title:
Printed Name:
* If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For City purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above -described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstr ating the legal authority of the signee to bind the corporation.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
ATTACHMENT A
SCOPE OF WORK
I. GENERAL INFORMATION
The City of Anaheim is comprised of 13 departments and over 3,200 employees throughout the City.
The City’s core businesses are public safety, public utilities, public works, housing and community development, community services, and economic development.
The Contractor is to provide Landscape Maintenance Services for the Anaheim Police Department and City Library sites per the specifications attached hereto.
II. GENERAL REQUIREMENTS
A. Contractor shall provide all necessary items at Contractor’s expense, including, but not limited to, all supervisory and labor personnel, training, materials, tools, equipment, transportation, hauling and dumping equipment, fertilizers, pesticides, chemicals, supplies, mulch, and other items needed to perform high-quality grounds/landscape maintenance pursuant to the terms defined herein.
B. Contractor shall provide all landscape maintenance at all sites provided to Contractor, including, but not limited to, pruning, trimming, shaping and training of shrubs, and ground cover plants; removing and controlling weeds; controlling plant diseases and pests; mowing turf, edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; and other services required to maintain the work sites in a safe, attractive and useable condition.
C. Contractor shall maintain all plant material in a healthy condition & appearance using the best industry and horticultural accepted standards for growth, color, and appearance as determined by City’s Project Manager (hereinafter referred to as “CPM”).
D. Contractor shall abide by all applicable local and federal laws, ordinances, and requirements.
E. Contractor shall be responsible and bear all associated costs should any work be performed in contrary to any laws, ordinances, codes, rules, or regulations.
III. SAFETY/ ENVIRONMENTAL COMPLIANCE AND PRACTICES
A. Contractor shall take proactive measures to ensure that all persons, life, property, the environment, air, water, and land are adequately protected at all times from any foreseeable, pending, or immediate threats or dangers.
B. Contractor shall remove from work site and properly transport, store, apply, and dispose of all hazardous materials and debris.
C. Contractor shall take all appropriate protective measures to persons, property, work areas, and adjacent areas that are in, near, or within the possible sphere that could be affected by the work before, during, and after work.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
D. Contractor shall supply, if necessary, a trash container for non-hazardous materials only.
E. Contractor shall ensure all equipment, materials, supplies, meet/exceed all applicable manufacturers’ published specifications and industry standards.
F. Contractor shall permit any violation of legal requirements or best practices.
G. Perform all applicable requirements of the work including, but not limited to: landscape maintenance, storage of materials and stockpiling, staging, vehicle and equipment operation and maintenance, material handling and transportation, sidewalk cleaning, etc. in conformance with all applicable Clean Water Act related requirements (commonly known as NPDES regulations).
These requirements include but are not limited to adherence to the following:
1. California Storm Water Quality Association’s Storm Water Best Management Practice Handbook (Construction and Municipal). Pay particular attention to BMP’s that address activities to be performed under this contract, which include but are not limited to the following: NS-1, NS- 2, NS-7 and SC-11, SC-30, SC-41, SC-43, SC-70, SC-71, SC-73, SC-74, SC-75. (Contact http://www.cabmphandbooks.com for documents)
2. Anaheim Municipal Code Section 10.09 (in particular, no polluted discharge shall be allowed to reach or shall be washed to the street or storm drain system, including the following: sidewalk or street wash- water, landscape materials or related debris, trash or litter, the street sweeping debris or water).
3. Other applicable State and Federal Water Quality Regulations H. Contractor shall minimize construction -related materials, wastes, spills, or residues to the job site to minimize transport from the site to street, drainage facilities, or adjoining property by wind or runoff.
IV. STAFFING QUALIFICATIONS
A. Contractor shall maintain supervisory personnel that have a combination of five years of experience or education in Ornamental Horticulture, Landscape Architecture, Irrigation Technology, or related science.
B. Supervisors must have landscape/grounds management skills to implement modern methods and newly developed horticultural and arboriculture procedures and/or practices.
C. Supervisors shall accompany CPM on weekly inspection tours of the work sites. During the tour, the Supervisor shall indicate the work completed the previous week, any changes made or contemplated, and the work scheduled for the upcoming week and month.
D. Contractor shall comply with all local sound control and noise level regulations and ordinance, specifically during the hours prior to 7:00 a.m. or after 10:00 p.m.
E. Contractor shall provide dust control measure when dust is expected to be generated.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
F. Contractor shall coordinate with CPM when circumstances require special consideration and/or permits.
G. Contractor shall ensure that all employees and equipment are always operating in the safest possible manner.
H. Contractor shall provide all Safety Data Sheets (SDS) for all hazardous materials used in conjunction with the work provided in this Contract.
I. Contractor shall report any and all safety concerns, incidents, and accidents immediately to CPM.
J. Contractor shall not store materials and equipment needed for this project at City locations.
K. Contractor shall remove all materials, tools, and equipment immediately after project completion.
L. Contractor is required to utilize environmentally friendly products whenever possible and make recommendations on products that closely match the performance characteristics in TABLE: PRODUCTS located on page 33.
M. Contractor shall not substitute a product or type of material without written consent of the CPM.
N. Contractor shall provide SDS to CPM if substitutions are allowed by City.
O. Contractor shall replace any substandard substitutions at Contractor’s sole expense.
P. Replace any substandard substitutions at Contractor’s sole expense.
V. OPERATIONS
A. Supervisor
1. Certified Irrigation Technicians:
a. Provide a solely dedicated full-time Certified Irrigation Technician in each service area who possesses, at minimum, the qualifications described in the Irrigation Techs section. Certification(s) must be supplied with bid submission. The exclusion of this documentation may cause the bid to be non-responsive.
b. Certified Irrigation Technicians 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.
1. All Contractor Employees
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
a. Ensure that all contractor employees performing work in conjunction with this project are always courteous, professional, competent, ordering, temperate, non- objectionable; do not cause any undue disturbances; have a well-groomed appearance.
b. Replace, immediately, any employees who do not meet the foregoing as may be determined by CPM’s sole discretion.
c. CPM may require the Contractor to remove an employee from the work sites at their discretion.
2. Workers
a. Provide fully trained and knowledgeable workers in all aspects of these requirements.
b. Ensure that all workers, who perform work on this contract, have demonstrable skills appropriate to the required work, which may include any combination of, but not be limited to, the following:
i. Knowledge, experience, skills, and abilities in general labor to ensure all requirements of the Specifications are met at all times. ii. General maintenance, minor repairs, and act as liaison with other maintenance personnel and public safety officials.
c. Have the ability to communicate to the general public in answering basic questions, giving directions, directing the person to their supervisor, and/or notifying safety issues ahead or other basic communication needs during the course of their work. d. Participate in safety meetings to ensure all regulations and codes are met.
3. Uniforms
a. Furnish and provide all required uniforms and identification at the Contractor’s sole expense (safety vest, pants, or shorts along with a company polo shirt). b. Ensure that all uniforms are a complete unit and are fitted properly (i.e. no oversized clothing) to each employee.
c. Ensure that those uniforms are well-maintained, cleaned, and pressed daily with no rips, tears, or permanent stains present.
d. Uniforms are to be worn at all times by employees who are performing work in the Designated Work Areas.
4. Equipment
a. Ensure that all contractor vehicles and equipment used in performing work in conjunction with this project are mechanically and operationally sound. Have well- maintained exteriors; clean; have well-organized tool racks; bear the Contractor’s City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
company name visible on both sides of the vehicle, and have current California registrations and licenses.
b. Furnish, provide, and operate all equipment required to perform the work as required per the specifications at the Contractor's sole expense. c. Furnish, provide, and operate, at the Contractor’s sole expense, all communication devices (mobile phones) to the supervisor(s).
d. Immediately replace any equipment that does not meet the previous requirements as determined by the CPM’s sole discretion.
e. Factor all costs of all equipment requirements into the appropriate line items of the price sheets.
5. Work Location Notifications
a. Notify CPM daily when Contractor’s crews will be working within the Designated Work Areas.
b. Make these notifications by telephone, cell phone, fax, or weekly written schedules.
6. Place of Business
a. Maintain an office at a fixed location.
b. Maintain an assigned telephone number to said office, which shall be listed in the telephone directory under the Contractor’s personal or legal company name. Provide an Email address.
c. Have a capable person employed by the Contractor who will be responsible for taking the necessary actions regarding all inquiries and complaints received from the CPM and/or private citizens during regular work hours at said office.
B. Work Schedules
1. Perform all work per the agreed maintenance schedule and as required elsewhere in the specifications.
2. Provide a written schedule each Monday of the work to be performed the following week. The Contractor will be provided maximum latitude in establishing work schedules that correspond to the workforce requirements and related resources. The Contractor will also be provided the opportunity and procedure for adjusting those schedules to meet special circumstances. Therefore, all work shall be completed, as shown on the weekly schedule.
3. Note that failure to notify CPM of a change and/or failure to perform tasks during a scheduled week may result in liquidated damages (TABLE: LIQUIDATED DAMAGES) being assessed against the Contractor.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
4. Note that CPM reserves the right to request additional work, inspections, patrols, cleaning, and repairs to be performed based upon an agreed-upon schedule.
5. Coordinate schedule changes due to inclement weather or black-out dates, times, and areas.
C. New/Transfer/Renewal Inspections
1. General
a. Tour all designated work areas with CPM to review, identify, photograph, map by quadrant location, and document any declining, degrading, dead, or substandard plant material, trees, lawns, soils, and any malfunctioning irrigation systems, and the like for corrective action.
b. Perform the above prior to the start of the contract.
2. Prior to the Start of the Contract:
a. Any areas that were identified prior to the start of the contract will be the responsibility of the City to cure prior to the onset of the contract or if City so chooses as additional work for the new Contractor.
b. Note that any areas not identified in the initial tour that require corrective actions prior to the start of the contract will be the responsibility of and at the Contractor’s expense.
3. During and Prior to the End of the Contract:
a. Tour all designated work areas with CPM to review the designated work areas' conditions, determine the Contractor's compliance with the specifications, and discuss required corrective actions.
b. Affect all required remedies to any work deficiencies as soon as practicably possible but in no event greater than one business day after receipt of notification from the City.
c. Note that the end of contract tour must be conducted at least 60 days prior to the scheduled termination.
D. Changes in Work
1. Perform any City-required additional work per the Specifications according to BMP at the prices quoted in the eBid and at the agreed-upon times.
2. Note that any City-required deletions shall be reduced by the prices quoted in the eBid.
E. Damage Control
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
1. Protect materials, products, facilities, utilities, and the like against damage at all times during work performance.
2. Execute repairs, at the Contractor’s sole expense, for Contractor-attributed damages within 24 hours or after being notified by CPM of damage, except for utility lines will be repaired the same working day. The Contractor’s failure to make repairs with time allowance may cause City to affect repairs and chargeback the Contractor or deduct from invoices due and the repair costs.
3. Verify and locate any underground systems (i.e. utility lines) and take all reasonable precautions when working in the Designated Work Areas.
4. Contact Underground Alert at least two (2) working days prior to digging for line locations. Provide Dig Alert ticket number before work commences. Report any damage or problems immediately to CPM. If the Contractor discovers something unexpected or a unique problem occurs, work shall stop and immediately contact CPM for a timely resolution of the problem.
5. Do not perform any work upon private property without the consent of the property owner and CPM.
6. Execute repairs on private property in accordance with the appropriate building code under permits issued by City of Anaheim.
F. Traffic Control
1. Perform all work, as required, according to most current WATCH manual.
2. Maintain clear ingress and egress areas, sidewalks, vehicle travel lanes, driveways, etc. at all times unless the immediate work prohibits such clearance.
3. Do NOT have any traffic delineation and do NOT close any traffic lanes between the hours of 7:00 a.m. and 7:00 p.m. without prior authorization by CPM.
G. Public Relations
1. Provide courteous interactions, directions, information, and referrals to all visitors, property owners, Police Officers, other City employees, or related agencies within the Designated Work Areas.
2. Note that the Contractor supervisor must speak English sufficiently to interact with the CPM and the public while performing the landscaping services per these specifications.
H. Public Nuisances
1. Report any public nuisances or undesirable and illegal behavior immediately to CPM.
2. Cooperate fully with all authorities regarding any investigations of the preceding activities.
3. Submit the completed report to CPM by the next business day.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
I. Hazardous & Non-Hazardous Material Spills
1. Report any suspected or known hazardous and non-hazardous spills immediately to CPM.
2. Submit completed report to CPM by the next business day.
J. Audit Requirements
1. City reserves the right to periodically inspect and audit the Contractor’s accounting procedures and supporting documentation in conjunction with the performance of the Specifications.
2. City will notify Contractor in writing of any such requested audit.
3. City will inspect and audit reasonably and at the City’s expense.
4. Contractor must fully cooperate with any such audit(s).
5. City will notify the Contractor in writing of any exception taken because of an audit.
6. If an audit, in accordance with this article, discloses overcharges (of any nature) by the Contractor to the City of the value of that portion of the Agreement that was audited, the actual cost of the City’s audit shall be reimbursed to the City by the Contractor.
K. Reports
1. General
a. Ensure that all reports are submitted in the time required, in the method required, and on the CPM provided forms.
b. Include any pertinent information or backup documentation with your reports. c. Ensure that all reports are submitted before submitting the monthly invoice; otherwise, payment will be withheld, and liquidated damages (TABLE:
LIQUIDATED DAMAGES) may apply.
2. Immediately
a. General: Report immediately, verbally, and/or in writing as soon as practically possible, taking safety, public nuisances, and business interactions into consideration, especially concerning issues that may require immediate action to avoid potential escalation. If possible, take photos of the observation or interaction and attach them to email, text, and written reports. Including adjacent areas to the Designated Work Areas.
b. Safety, Injury, or Damage: any impending, occurring, or potential hazards, incidents, or accidents that have harmed, are harming, or could likely harm persons, animals, plants, property, environment, or the like.
c. Public Nuisances: any observations of any public nuisances.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
d. Business Interactions: any interactions with business owners and/or persons. e. Work Performance Delays: any interruptions, obstacles, or occurrences that are, could potentially delay, or prevent work from being performed within the prescribed times.
f. Repair or Maintenance: any unscheduled repairs or unscheduled maintenance that is or could potentially cause degradation in the functionality or appearance of the observed item or area.
3. Daily
a. General: report daily, which means the next calendar day, within 24 hours or less. Note that these daily reports will help ensure that the Contractor is not only performing to the Specifications but is designed to help reduce or avoid liquidated damages (TABLE: LIQUIDATED DAMAGES).
b. Follow-up Activities: all action items from the above section, which may have been verbally reported, but a written report was not possible at the time; and all action items as required by CPM.
c. Work Activities: Completed and In-Process: all work that was actually completed and all work that is in progress, but has not yet been completed. d. Work Activities: Pending: all work that is pending, which has yet to begin, but would be occurring the next day or before the next cycle is scheduled to begin.
4. Weekly
a. Due: Monday of every week.
b. Attendees: the Contractor Supervisor must attend all weekly coordination meetings. c. Minutes: included any required or pending action items from the weekly coordination meeting.
d. Contents: ensure the report contains all required and approved content, which may include, but is not limited to: description of work completed; materials used; defects found; results of patrol/observation and inspections; description of actual inspection, observation, repair and/or maintenance of landscaping, hardscaping, graffiti; observations of safety issues, potential hazards, public nuisances, and minutes (notes) from any City-required meeting (maintenance project meetings, field reviews, etc.)
5. Monthly
a. Due: the third Thursday of every month.
b. Contents: ensure that tailgate safety meetings are documented and maintained for the duration of this contract. Copies of tailgate safety meeting minutes are to be City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
submitted with the monthly invoice. Include a summary of Weekly activity and pertinent notations
6. Annually
a. Due: in conjunction with first monthly meeting after the yearly renewal period. b. Contents: ensure that a summary of all weekly reports is included. Include a summary of Monthly and Quarterly activity, including any pertinent notations.
L. Meetings
1. General
a. Ensure that all meetings are documented, and a corresponding action list is generated, initiated, and completed by the time required. b. Are submitted in the time and method required.
2. As Needed
a. Purpose: to address immediate issues regarding: Safety, Injury, or Damage; Public Nuisances; Business Interactions; Work Performance Delays; Repair or Maintenance issues; and other issues of immediate concern. b. Held on: as needed.
c. Location: work site or at City offices as appropriate. d. Attendees: the Contractor Supervisor and or Contractor Management Representative as appropriate to the nature of the meeting.
3. Weekly
a. Purpose: to address issues regarding: Follow up Activities; Work Activities:
Completed and In-Process; Work Activities: Pending; Scheduling; and other issues. b. Held on: Monday of every week or determined by contractor and CPM. c. Location: City office or specified site locations.
d. Attendees: the Contractor Supervisor must attend all weekly coordination meetings.
4. Monthly
a. Purpose: to address issues regarding: upcoming events, scheduling; and other issues. Review summary sheet of submitted reports.
b. Held on: Third Thursday of every month.
c. Location: City offices or specified site locations.
d. Attendees: the Contractor Management Representative and Contract Supervisor shall attend monthly operational meetings with the City management team.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
5. Annually
a. Purpose: to address issues regarding: Renewal, Scheduling, and other issues. b. Held on: in conjunction with the first monthly meeting after the yearly renewal period.
c. Location: City offices.
d. Attendees: the Contractor Management Representative and Contract Supervisor shall attend monthly operational meetings with CPM.
M. Subcontractors
1. The majority of the work as required herein and at the time the work is requested must be done by the awarded Contractor.
2. The work may not be subcontracted or sublet to another contractor unless the contractor has been listed on the Subcontractor List or a substitution of that contractor has been approved by CPM in advance of any scheduled or actual work.
N. Unsatisfactory Work
1. Note that payments will NOT be made for any unsatisfactory work until the work deficiencies have been fully corrected.
2. Note that City may exercise the following measures should the Contractor fail to correct any deficiencies within five (5) calendar days of notification:
a. Deduct amounts from the Contractor’s payment to correct a deficiency. b. Utilize City forces or an alternate source to correct the deficiency and deduct the total cost from the Contractor’s payment, including the City’s overhead.
O. Termination
1. If in the opinion of City, the Contractor fails to perform or provide prompt, efficient service, City shall have the right to terminate or cancel the Agreement upon five (5) days of written notice and pay the Contractor for the value of actual work satisfactorily performed to the date of termination.
2. City shall have the right to terminate or cancel the Agreement upon 30-day written notice without cause and pay the Contractor for the value of actual work satisfactorily performed to the date of termination.
3. These rights are in addition to any other rights that City may have available.
P. Response Times
1. Urgency: 4-hour response for anything that could cause significant cost or loss of plant material, water, or irrigation system, which may pose an immediate threat to life or property.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
2. Rush: 24-hour response for anything that could cause moderate cost or loss of plant material, water, or irrigation system, but not an immediate threat of loss to life or property. This response time also includes damages caused directly by the Contractor or subcontractor and or through Contractor or subcontractor negligence.
3. Routine: 72-hour response for anything that needs attention prior to the next maintenance cycle but has no immediate cost or threat of loss.
4. Plant Material Replacements: 5 business days response to remove, replace, or add as directed by CPM.
5. Failure by Contractor to respond within the above response times is subject to liquidated damages per TABLE: LIQUIDATED DAMAGES
Q. Liquidated Damages
1. Fines will be deducted from the invoice that covered the time period in which the deficiencies occurred. If these deficiencies carry over into the following month(s), these fines will carry over and be deducted as necessary.
2. Liquidated damages will be assessed per Designated Work Area (TABLE: Designated Work Areas)
3. Note that force majeure applies only when delays are clearly beyond the control of or could not have been anticipated by the Contractor. The City will grant an extension in time equivalent to the exact number of working days caused by the force majeure incident(s).
4. Agree to liquidated damages for the exact number of working days when delays are within the control or could have been anticipated by the Contractor.
5. To ensure that the Contractor performs all of the required work and by the time required per Specifications, and since City cannot accurately determine the exact amount of a given deficiency, City will assess liquidated damages (TABLE: LIQUIDATED DAMAGES) for all work performance deficiencies.
6. The City will notify the Contractor verbally and in writing each time service requirements are unsatisfactory and corrective action is necessary. Should the Contractor fail to correct any deficiencies within the given correction and/or grace period, City may exercise the following measures:
a. Deduct from the Contractor’s payment the amount necessary to correct the deficiency.
b. Withhold payment.
c. Utilize City forces or an alternate source to correct the deficiency and deduct the total cost, including the City’s overhead, not to exceed 15% from the Contractor’s payment.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
7. The above amounts are cumulative, for example: Meetings attendance; should the Contractor fail to meet for four weeks and the monthly meeting, then the Contractor would be assessed four weekly violations of $250.00 each occurrence for $1,000.00 and for one monthly violation of $250.00 for each occurrence for a total of $1,250.00.
8. City has the sole right to waive any liquidated damages (TABLE: LIQUIDATED DAMAGES) without regard to any, and all precedents wherein City may have waived past violations.
9. After the second recurring violation, the Contractor shall meet with the City Management representative to discuss deficiency issues. A subsequent correction notice will be issued; additional liquidated damages (TABLE: LIQUIDATED DAMAGES) may apply.
10. After the third recurring violation, the Contractor shall meet with the City Management and City of Anaheim Representative(s) to discuss violations and remedies, including additional liquidated damages (TABLE: LIQUIDATED DAMAGES), suspension or termination of the contract for failure to meet contract obligations.
R. Tables
1. Table: Holiday (Holiday work allowed by City is not subject to premium rates).
2. Table: Liquidated Damages
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
3. Table: Products (Substitutions of these items require CPM approval before use).
4. Various Sites:
Sites will be provided to Contractor during the course of the Contract services.
S. Scope of Work-Specific Requirements
1. Minimum Service Levels
a. Provide an adequate number of laborers, technicians, supervisors, and the like (workers) to accomplish all of the work requirements within the allotted time frames as indicated in the specifications. Labor crews must be present between hours of 7:00 AM to 3:30 PM.
2. Turf Maintenance
a. Contractor shall maintain mowers that provide a smooth even cut without ridges or depression and without tearing of the leaf blades.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
b. The mowing schedule may be altered due to weather and/or other conditions upon approval from CPM.
c. All litter shall be removed from the Turf prior to each mowing. d. Mowing shall be performed at the speed the mower’s manufacturer specifies to maximize the quality of the cut. The emphasis will be on quality mowing vs. speed and unprofessional patterns.
e. Mulching mowers shall be used to mow Turf grass areas. f. String trimmers are not allowed for mowing Turf.
g. Turf grass clippings shall be collected during each mowing and properly disposed of off-site at the Contractor's expense. Visible clippings remaining on the Turf after the mowing cycle shall be vacuumed or otherwise removed from the Turf. h. Turf shall be mechanically edged during the mowing cycle each week. The edging along sidewalks, curbing, and other concrete shall be performed with a blade type edger. Other fixtures such as valve boxes, poles, and around buildings can be edged with string trimmers providing care is exercised to avoid damage by such action.
Sidewalks and other hard surfaces shall be properly cleaned after each edging, including grass stains or marks made as a result of the mowing process. i. Trimming of grass around the trees in the Turf area shall be performed during the mowing cycle each week in such a manner as to avoid damage to the tree trunk. Any damage to the tree trunk shall be considered Contractor neglect, and the tree shall be replaced at the discretion of CPM. If replaced, it will be at the Contractor’s expense. j. Organic fertilizer shall be applied two (2) times per year at a rate of one (1) lb. actual Nitrogen per 1,000 sq. ft.; obtain CPM approval prior to use. The Contractor shall notify the City at least one week in advance of the date and time of Turf fertilization application to ensure that CPM can be present during fertilizer application.
k. Library Sites Only Specification:
i. Apply fertilizer four (4) times per year at a rate of one-half (1/2) pound of actual nitrogen per 1,000 sq. ft. with Nitra King 22-4-4 during fall-winter and Turf Supreme 16-6-8 during spring-summer months. A substitute fertilizer may be used as approved by the CPM.
l. Develop and maintain a broadleaf weed control program that will ensure that all Turf is maintained in a weed-free condition at all times. m. Develop and maintain a program to ensure that all Turf is maintained free of fungi, insect infestations and/or Turf diseases at all times.
n. Fill in divots, depressions, and all uneven areas with topsoil as directed by CPM.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
o. Keep all Turf, free of all Turf type weeds, especially Dallis Grass, Goose Grass, Poa Annua, Wire/Needle Grass, Smut Grass, and broadleaf weeds at all times. Along with the monthly Pesticide Use report, the Contractor shall submit a written schedule for weed abatement in Turf specifying the method, day, and location where weed abatement will be performed. CPM will review, modify, and approve the final written schedule considering the site use.
p. Apply CPM-approved pre-emergent herbicides to all Turf areas when needed to control the germination of noxious weeds, i.e., Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, Smut Grass, etc.
q. Should Turf type or broadleaf weeds germinate, the Contractor shall immediately control the weeds upon recognition by selective and/or broad-spectrum post emergent herbicides approved by CPM.
r. Damaged and/or bare spots in the Turf shall be immediately repaired at detection.
This may require approved grass seed, sod, and topsoil. s. City reserves the right to require the Contractor to apply plant dye on specified plant material within 24 hours of notification to the landscape that has been stressed due to the Contractor's neglect. The dye will be applied at no extra charge to the City. t. The tree guards shall be maintained in place around the trunk of each canopy tree at all times to eliminate tree damage by string trimmers, mowers, etc., as long as necessary or noted by CPM. Trees damaged by the Contractor shall be immediately replaced at the Contractor's expense.
u. Mulch shall be applied to all tree wells located in Turf. Mulch shall be applied in a manner as not to come in contact with trunk, bark, flare or base of the tree.
Contractor shall detail around trees, along walls/fences, and other site amenities first using a sharpened shovel cut to establish a concentric circle around trees, poles, etc.
Once the initial detailed circle is established, a string trimmer may be used to maintain the circle. CPM shall direct the Contractor to repeat the detail process should the circle begin to deform. Mulch material shall be supplied to the City at no additional cost.
v. Mowing schedule shall be once per week.
w. Turf shall be aerified a minimum of two (2) times annually in March and September using a core aerator. Cores shall be pulled to a depth of 6”. i. Library Sites Only. This will be done in March and October. x. Turf areas shall be over-seeded as a part of this base agreement. y. Do not mow areas where the soil is over-saturated. The Contractor will repair all damages (at no cost) if mowed under these conditions.
3. Edging and Detailing
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
a. All edging shall be performed using a gas-powered edger or CPM-approved substitute. Stick edgers are not allowed. The Contractor shall edge all Turf adjacent to all improved hard surfaces such as concrete, decomposed granite, and asphalted concrete paved areas. Edging/detailing shall be performed at the same time mowing occurs.
b. Chemical edging is allowed around trees and along fence lines as directed by CPM.
Do not utilize chemical edging in areas not authorized by CPM.
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.
c. Detail Turf not greater than 10” away from walls or fences. d. Detail lines shall be made straight and shall be maintained straight. e. Supply, at Contractor’s own cost, topsoil, and CPM-approved Turf seed to reduce any existing bare soil areas along walls/fences that are greater than 10”.
4. Ground Cover
a. Apply all chemical control (i.e. pesticides) as required to control or prevent all pest infestations, including soil fungicides to protect ground cover planting. b. Trim ground cover adjacent to walks, walls, and/or fences, as required, for general containment to present a neat, clean appearance. Plants growing over curbing and/or sidewalks shall be maintained even with the edge of the sidewalk or curb and be trimmed on a natural taper rather than vertical so as not to appear hedged. c. Use only CPM-approved gasoline-powered equipment for pruning ground covers. d. Cultivate and/or spray herbicide to remove broad-leafed and grass weeds, as required. Ground cover shall be maintained in a weed free condition. e. Keep ground cover trimmed back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures. Do not allow the ground cover to grow up trees, into shrubs, or on structures or walls. Keep ground cover trimmed back approximately two (2) inches from structure or walls.
f. Schedule fertilizer of all ground cover areas with organic fertilizer as often as required, but no less than two (2) times a year, to promote a healthy appearance. The application rate shall be one (1) pound of actual Nitrogen per 1,000 square feet and provide a fertilization use report.
g. Ailing and/or stunted ground cover, which fails to meet expected growth, shall receive additional nutrient treatments to correct deficiencies or be replaced by the Contractor. Suppose ground cover failure is determined to be due to improper treatment and/or neglect by the Contractor. In that case, the replacement shall be performed at the Contractor's expense within five (5) working days.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
5. Shrubs
a. Prune shrubs as required to ensure clear vehicular and pedestrian visibility and clearance.
b. Remove broken or diseased branches and provide general containment and a good appearance.
c. Trim back plant material encroaching onto or from the City property to the property line at the City's discretion depending on the circumstance, such as plants growing over fences and sidewalks from private property adjacent to contracted areas shall be trimmed back to the property line.
d. Prune shrubs to retain as much natural, informal appearance as possible, consistent with the intended use, i.e., vines not growing into other plants, etc. e. Remove continually spent blossoms or dead flower stocks to present a neat, clean appearance.
f. Use only CPM-approved gasoline-powered equipment for pruning shrubs. g. Schedule the application of organic fertilizer as often as required, but no less than two (2) times per year, to promote optimum growth and healthy appearance of all shrubs. The application rate shall be two (2) pounds of actual nitrogen per 1,000 square feet and provide a fertilizer use report.
h. Remove and replace, at the Contractor’s expense, all ailing, stunted, and/or dead shrub(s)/plant(s) material(s), as determined by CPM due to the Contractor’s neglect or improper treatment. Upon discovery, replace with in-kind and size within five (5) business days.
i. Apply additional nutrients to shrubs to correct deficiencies within three (3) business days of discovery.
j. Shrubs will have a natural appearance unless authorized by CPM. k. Do not top plants whose natural growth stems from the base of the plant. l. Raise the bottom of the shrubs or remove shrubs for security reasons as requested by CPM.
m. Planter without irrigation system requiring manual water will be watered at CPM’s request at the Contractor’s expense.
6. Mulch Replacement
a. All bare or open areas in the shrubs and groundcover beds shall be covered by a minimum of two (2) inches of organic mulch at all times. At the Contractor’s expense, shall apply US Composting Council STA tested and approved compost mulch 2” minus lay ½” thick. Leaf litter, trash, and other organic materials other than mulch shall be removed continuously.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
b. The material and labor to apply the mulch shall be furnished by the Contractor at their expense.
c. Use ½ to 1 ½ inch Forest Floor shredded bark surface mulch. d. Mulch shall be maintained inside planter areas.
e. Coordinate the mulch schedule with the CPM.
f. Use of any other mulch product shall be dependent upon the submission of a sample for approval. The supplier must demonstrate the product's suitability for use in public landscaped areas by certifying in writing that the material does not contain sewage sludge, animal wastes, heavy metal contaminants, or other products that could harm people or pets.
g. Ensure that all mulch material must be fully composted and nitrogen stabilized prior to application.
7. Weed Control
a. Control all weeds growing in cracks, expansion joints and other hard surfaces adjacent to the landscape area by the use of chemical weed control in ALL areas, including long narrow median noses, cracks in sidewalks/curbs/gutters, etc. Sites and planters shall be kept weed free at all times. Failure by the Contractor to chemically treat and/or remove the objectionable weeds, as determined by the CPM, within three (3) days of notification may result in liquidated damages for each subsequent day that the weeds remain.
b. NO DYES shall be used during chemical weed control unless approved by the CPM. c. Herbicides: All materials and methods implemented shall be strictly according to the manufacturer’s recommendations and applied within state and federal regulations or the standards set forth in the EPA regulations and the California Food and Agricultural Code.
d. Obtain all required permits and maintain the necessary usage documentation with copies submitted to the CPM every month.
e. All pesticide applications shall be in accordance with written recommendations provided by a licensed Pest Control Advisor (PCA). All applications shall be performed under a Qualified Applicators License (QAL) supervision. Written recommendations shall be sent to the CPM by January 31 of each year. An approved sub-contractor may be used who specializes in pesticide applications. f. Control weeds continually at all sites through the use of pre and post-emergent chemical control and mechanical control. It is intended that all sites will be weed- free through this process.
8. Refuse Removal
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
a. Provide an adequate level of staff to remove and dispose of all foreign matter including, but not limited to: trash, litter, debris, paper, plant clippings, leaves, dirt, animal feces, and other debris (Refuse) from all sidewalks, other hard surfaces, and in all landscaped areas within the Designated Work Areas. b. Collect, remove and properly dispose of all trash, litter, debris from each site 7 days a week.
c. The area from which refuse is to be collected includes the entire site area, including any undeveloped area and/or bare soil area, and the sidewalk, curb and gutter adjacent to the site.
d. Refuse removal means the collection and proper disposal of all refuse removed from the site in which it was collected before moving to the next site. e. Dispose of all material collected properly. At no time shall the Contractor store any trash, litter, or debris at any site. Upon completion of the task, the site shall be clear of all trash/litter/debris.
f. If illegal dumping occurs, the Contractor will immediately contact the CPM. Both parties will determine who will be liable for those non-typical items for disposal.
Those items that the City is responsible for will be disposed of by City staff, or the Contractor will provide a price quote based on time and materials at the determined bid rate. If it falls with the Contractor, they will dispose of the items at their expense.
g. Do not allow any foreign matter to be blown, swept, or washed from the landscape and/or hardscape surfaces into the parking lots, private property, storm drains, or streets.
h. Pick up any Refuse in the surrounding area.
i. Private property/personal items hidden or left in work areas shall be left in place.
Contact the CPM, who will handle the collection and removal of these items.
Suppose the City requires help collecting these items, the Contractor will provide a price quote to the CPM based on time and materials at the determined bid rate.
9. Erosion Management
a. Exercise all appropriate erosion prevention measures. b. Pay particular attention to all slope areas, roadways, and V-ditches, which will, by physical nature, provide for the most significant potential runoff, which can contribute to erosion.
c. Install check valves at the Contractor’s expense as needed as directed by the CPM on any station or zone where excessive irrigation system drainage occurs. d. Repair any erosion damage caused by over-irrigation, broken irrigation/line, or inclement weather.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
e. Report any change in the terrain of any property even if it is outside the scope of work on these properties, i.e. landslides, sinkholes, washouts, etc.
10. Surface Drains
a. Conduct periodic inspections of all surface drains located within the landscaped areas.
b. Check drains to ensure proper functioning.
c. Remove any debris or vegetation that might accumulate at the inlet and prevent the proper flow of water.
d. Any damage as a result of the Contractor’s failure to keep the surface drains clear shall be repaired at the Contractor's sole expense.
11. V-Ditches/Gutters
a. Maintain all v-ditches, channels, and gutters located within the landscaped areas. b. Check v-ditches, channels, and gutters to ensure proper functioning. c. Remove any debris or vegetation that might accumulate and prevent the proper flow of water.
12. Basic Tree Service
a. The landscape contractor maintains a safe clearance under and around the base of trees, per the DIR regulations as a C-27 classification. Remove any low- hanging branches within 15-feet. To allow guests, landscapers, city workers, and maintenance vehicles safe passage while playing or working at the City's sites.
Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action.
b. Selective removal of undesirable sucker and sprout growth, paying specific attention not to nick or damage the sprout "burl."
c. Clear trees of sprout or sucker growth. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. d. Tree stakes, ties, and guys shall be checked and corrected as required. Ties will be adjusted as necessary to prevent girdling. Remove unneeded stakes, ties, and guys, as required. Re-stake trees, as required, using lodge pole stakes and plastic ties. e. Ailing or stunted trees, which fail to meet expected growth, will receive additional nutrient treatments at the Contractor's expense to correct any deficiencies or be removed, subject to CPM's approval. Suppose a tree failure is determined due to improper treatment or neglect by the Contractor. The City will have a certified arborist examine the tree(s) to determine if the Contractor was at fault. In that case, a replacement shall be performed at the Contractor's sole expense within seven (7) City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
working days of written or verbal notification by the CPM or agreed upon date. replacement tree(s) size shall be at least a 15-gallon tree. f. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by CPM. Tree stakes shall also be set a consistent distance (minimum 6 inches) away from the tree's trunk to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to minimize abrasion of the main or lateral branches of the tree.
13. Native and Drought Tolerant Plant Maintenance
a. Any trimming will occur in the winter months.
b. All native and drought-tolerant plant materials at any site will be maintained in their natural shape.
c. The areas shall be maintained weed-free. Only manual pulling or mechanical cultivation of non-native weed species will be allowed. d. Contractor’s maintenance personnel will be trained to distinguish weedy plant species from native or drought-tolerant vegetation to ensure that only weedy species are removed.
e. All weeds will be manually removed before they can attain a height of six inches (6”) or produce seeds, whichever comes first.
f. Pulled weeds will be placed in a suitable container to prevent the seeds from coming in contact with the ground and removed from the project site during the same day’s maintenance.
g. At several times during the year, especially during the rainy season (November – May), the Contractor will have to ensure sufficient staff to accommodate manual removal of all weeds throughout the site; if the Contractor fails to increase staff to accommodate timely weed removal, per the specifications. The City may hire an outside contractor to assist in weed removal, deduct these fees from the Contractor’s monthly maintenance invoice, and assess liquidated damages for failure to complete the task
14. Turf Renovations
Once per year during the fall/winter at the Contractor's expense, all grass areas shall be renovated using:
a. Fall (October) – LESCO Over seeding Eagle Blend equal or better Fall seed at eight (8) pounds per 1,000 square feet.
b. Mow the existing Turf down to ¼" followed by verti-cutting (straight blades) to remove thatch.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
c. Prior to seeding, the Contractor shall have the irrigation system functioning correctly and have a plan to provide supplemental irrigation as necessary to germinate the seed to 100%
d. Site shall be leveled prior to seeding with topsoil to provide 100% flat surface. CPM may request additional topsoil to achieve a 100% flat surface. e. The seed shall be covered with a ¼” top dressing material to protect the seed during the germination process.
f. Guarantee uniform germination/100% coverage free of bare or thin areas within nine (9) weeks from the time of the first application of seed. Will sod any thin or bare areas with Bandera Bermuda thick cut sod from West Coast Turf or equal that has been “cropped over” with perennial ryegrass. CPM shall determine sod based on availability/season.
15. Hardscapes and Amenities
a. All paved areas, including but not limited to paved parking lots, curb gutters, and stamped or other enriched hard surface areas, shall be thoroughly cleaned as needed or request by CPM.
b. Vacuums, blowers, sweepers or other approved equipment may be used to clean hardscape areas.
c. Debris shall not be blown or swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Debris and litter that shall be cleaned include, but are not limited to, leaves, twigs, branches, trash, sand, gravel, and worn asphalt.
d. Use only CPM-approved equipment for cleaning the hardscape. e. Pavement Cleaning – Library Sites Only - In Addition To Above: Perform steam pressure washing (minimum 3,500 PSI) to remove dirt, stains, gum, tar, etc., from all pedestrian surfaces, per Section 1.02 Site Specific Special Requirements.
16. Replacement of Plant Material
a. Notify CPM both verbally and in writing within four (4) days of loss of plant material due to any cause.
b. Remove shrub, turf, or ground cover which is damaged or lost at no cost to the City unless it was caused by civil unrest, inclement weather, or malicious acts of damage.
The size and species of replacement shrubs, turf, or ground cover plants shall be as directed by CPM.
c. To ensure maximum healthy growth and the overall aesthetic appearance of plants in the work area, it may be desirable to replace certain plants. CPM shall determine the necessity or desirability of plant replacements.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
d. Replace at the Contractor’s own expense any Turf, ground cover, shrubs, or other plant material requiring replacement due to infestation or negligence resulting from the Contractor’s failure to provide maintenance in accordance with the provisions of this agreement. This requirement is not to be construed as requiring the Contractor to replace plant materials due to conditions beyond the Contractor’s control but is to be considered strictly as a normal maintenance condition within the accepted practice. City intends to require a high level of quality landscape maintenance compatible with standard practice.
17. New Construction
a. Where new construction or redevelopment may involve a significant part of a work site, CPM may add, change, or delete a portion of or the entire work site from contractual maintenance during the construction and plant establishment period. b. Any work changes will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of the area involved, which will be agreed upon by the City and Contractor.
18. Performance During Inclement Weather
a. During the periods when inclement weather hinders normal operations, the Contractor shall adjust their workforce to accomplish those activities not affected by the weather.
b. Do not remove the workforce from the job site without prior authorization from CPM.
c. All regular maintenance tasks missed during the inclement weather need to be made up as soon as possible. Mowing and edging shall be the priority for the make-up work, and no area shall go more than two (2) weeks without mowing and edging without prior approval by CPM that these tasks could not have been scheduled or completed within this time.
d. Failure to adjust the workforce to show good progress on the work shall result in deductions of payments to reflect only the work actually accomplished. e. Re-stake and re-tie trees; remove all branches and debris resulting from inclement weather as required or directed.
f. Drains shall be checked and cleaned.
g. After heavy windstorms or other inclement weather that impacts the sites, the Contractor and CPM will revise the work schedule base on the needs of the City.
19. Required Reports
a. Weekly Maintenance Schedule, including approved extra work. b. Weekly Performance Report, including approved extra work completed.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
c. Weekly Irrigation Inspection Check List (to include controller and site inspection and a list of any repairs required).
d. Weekly Master Valve/Flow Sensor inspection checklist. e. Monthly Chemical Use Report (As sent to County Agriculture Commission), daily as needed for certain applications.
f. Bi-weekly maintenance inspection list.
g. Monthly Fertilizer Use Report.
h. Monthly pest and disease inspection conducted by a qualified applicator certificate or license holder.
i. Annual Maintenance Schedule which includes: Organizational chart (depicting how Contractor intends allocate maintenance staff to maintain Anaheim’s sites), mow and trash schedules,
j. Annual pesticide safety training records.
k. Proposed Pesticide List with EPA numbers, Pesticide Recommendations, Labels and Material Safety Data Sheets.
20. Pest Control
a. Provide complete and continuous pest control and/or eradication of all pests or diseases throughout the contracted area.
b. Submit a monthly pesticide use report.
c. Replace all plant materials severely damaged by pests or diseases at the Contractor’s expense.
d. Note that pest control includes but is not limited to Ants, Bees, Wasps, Crickets, and Aphids.
e. Control pests in light poles/fixtures, valve boxes, trees etc. within the designated work areas.
21. Rodent Control
a. Control all rodents continuously within the boundaries of this contract. The schedule may require weekly control at some sites.
b. All Gopher control must be addressed on a weekly basis, at a Minimum. c. L.D. will be passed on an event basis on any activity not treated in a timely manner. d. Any damage and repairs necessary as a result of this damage will be a part of this agreement to be completed. Including and not limited to the replacement of plants; soil and compaction on slopes, mulch replacement and clean up.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
e. Damage resulting from rodent activity shall be repaired at the Contractor's expense. f. Contractor shall submit a monthly report showing all inspected locations, materials used, and specific areas treated for rodent activity. The Contractor shall provide an advanced schedule, a Notice of Intent (NOI), and post the treated areas (per DPR requirements). During the facility's service day, holes in the ground caused by rodent activity shall be filled in immediately.
22. Irrigation Systems
a. Provide efficient use of water at all times. At some sites, the irrigation controllers are managed by a Rain Master Central Control System. The City will manage this system. The Contractor is required to provide the City with changes needed to be inputted into the system. Suppose the existing irrigation system fails to provide full and proper coverage. In that case, the Contractor shall provide alternate irrigation with full and proper coverage to all areas in the worksite at no extra cost to City. b. The Contractor shall program and monitor the controllers to maintain adequate moisture optimal for growth and appearance while eliminating excessive runoff.
Adequate soil moisture shall be determined by visual observation, plant resiliency, and examining cores removed by soil probe. Considerations must be given to soil type, drainage, compaction, precipitation rate, runoff, rate of evapotranspiration, seasonal temperatures, prevailing wind conditions, exposure, type of plant, and root structure.
c. Diagnose, maintain, and repair all irrigation components downstream of the backflow device at the Contractor's expense. The responsibility includes, but is not limited to, all work required to repair and/or replace items such as irrigation controller, remote control valve, main and lateral lines (regardless of depth), fittings, risers, sprinkler heads, quick couplers, subsurface irrigation, drip systems, master valve, flow sensor, valve boxes, fertilizer injector system and bubbler irrigation components. Should CPM be called upon to diagnose an irrigation problem that is the Contractor's responsibility, City's labor and material costs incurred will be deducted from the monthly payment to the Contractor.
d. Irrigation systems will be programmed to water three times per week between 9:00 p.m. and 6:00 a.m. CPM will notify you of any changes.
e. Automatic controllers and/or enclosures shall be locked while unattended. f. All controller enclosures shall be maintained free of all insects, rodents, and rust.
Damage caused by insects, rodents, or rusting shall be repaired at the Contractor's expense.
g. Sprinkler heads (if applicable) shall be kept clear of overgrowth, which may obstruct maximum operation and causes runoff or standing water. Correct any such problem immediately.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
h. Repairs to the irrigation system must be made in accordance with the system's original design with products equal to or higher quality than currently provided.
Workmanship shall be performed in accordance with industry standards. The Contractor shall only use irrigation components that meet approved standards. i. Monitor all systems regularly within premises and correct for coverage, adjustment, and clogging of lines and other sprinkler components.
j. All irrigation systems shall be inspected and adjusted weekly or more frequently as required, considering the water requirements of each remote control or manual valve. A written irrigation tracking sheet indicating the system location, date inspected, and watering schedule shall be submitted to the CPM at the end of each week. All work is to be performed during daylight hours (ex. 6:00 a.m. through 4:00 p.m.) unless authorized by the CPM.
k. Observe and note deficiencies from the original facilities design and review these findings with the CPM so necessary improvements can be considered or performed. l. All leaking or defective piping, valves, or other system components shall be repaired within 24 hours.
m. Pay particular attention to all slope areas, which will, by physical nature, provide for the most significant potential runoff, which can contribute to erosion, and inefficient or insufficient irrigation.
n. At no time shall the Contractor utilize a fire hydrant for irrigation purposes without written authorization by the CPM.
o. Keep the system in operation by valve or head adjustment to keep all systems operating at the manufacturer's recommended operating pressure. This shall be accomplished by valve throttling pressure gauging. The valves should be throttled to prevent sprinkler heads from fogging, allowing droplets for effective watering. CPM may request a coverage test to evaluate proper settings, timing, usage, or system maintenance.
p. All valve boxes, controllers, electrical and cable boxes, manholes, and backflow devices shall be kept clear of plant growth.
q. Check rotors for complete rotation to the required arc and slow rotation compared to other sprinklers in the same zone.
r. Proper alignment, both in terms of vertical straightness and operational height of nozzle above the plant material or Turf being irrigated, which will require occasional raising/leveling of the sprinklers, done at the Contractor's sole expense.
The technician must mark the plant material with paint if plants block the sprinkler patterns and coordinate the trimming/removal with CPM.
s. Take all necessary measures to fulfill the City's mandated water reduction requirements and stay in compliance.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
23. Transient Activity
a. Notify CPM verbally and in writing on that day of any observed transient activity at any site being maintained. Also provide notice of any related damage done to the site.
b. Do not remove any articles, trash, or debris from transient sites unless specifically requested by CPM or Police.
24. Site Specific Special Requirements
a. General
i. Note that the following Site Specific Special Requirements are for the listed sites below. These requirements supersede any conflicting specifications listed elsewhere in these documents (for these specific locations only). ii. See the Maintenance Schedule exhibits attached to this bid for descriptions, addresses, square footage, quantities, and frequencies. The Notes columns may contain specific requirements not listed below.
iii. Note that should there be any conflict between these Site Specific Specifications and the Maintenance Schedule, these Specifications will govern.
b. Various Sites Section - Central Library
i. Pressure wash entrance and ramps twice (2) a month.
ii. Pick up and remove litter seven (7) days a week.
c. Various Sites Section - Canyon Hills Library
i. Maintain slope areas next to roadway in an appealing manner 1x/month. ii. Pick up litter and remove debris seven (7) days a week. iii. Trim all shrubs/brushes to avoid encroachment onto sidewalks/streets and from vehicles travel line of sight once (1) a month.
iv. Prune back brush on the corner of Nohl Ranch and Scout Trail behind the Library sign to keep a six (6) foot setback from sign one (1) time a month. v. Remove all dead wood or broken branches from shrubs/brush slopes at time of observation or notification.
vi. Pressure wash twice (2) a month.
d. Various Sites Section - Euclid Library
i. Pressure wash entrance under eaves twice (2) a month. ii. Pick up litter seven (7) days a week.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
e. Various Sites Section - Haskett Library
i. Remove and dispose of the trash and items left on top of chain-link fence roof covering the enclosed Public Utility and dumpster areas three (3) times a week.
ii. Pick up litter and remove debris seven (7) times a week. Replace trash can liners located in the parking lot center islands.
iii. Remove and dispose of the parking lot debris that accumulates from the Ficus trees and trash generated from the public five (5) times a week. iv. Do not blow any of these items on to the parking lot islands or parkway planters.
v. Keep clear of trash and debris the parkway and curb facing Broadway Street from Dog Park on the west to the 1st resident to the east. vi. Call CPM for access to library patio area and gravel area besides the building. vii. Pressure wash entrance and sidewalk twice (2) a month. f. Various Sites Section - Sunkist Library
i. Pressure wash entrance under eaves twice (2) a month. ii. Maintain decomposed granite area
iii. Do not remove fruit from trees.
g. Various Sites Section - Police Dept. Sites Section - Police Department HQ i. Due to the high security of the Police Department's sites, the contractor must coordinate the maintenance schedule with the City
Representative, who will provide access.
h. Various Sites Section - Note: Recycle Water irrigation system i. Ongoing Operation and Maintenance - The Recycled Water irrigation system shall be operated and maintained in such a manner as to prevent direct human consumption of Recycled Water and to control and limit Runoff. Comply with Utility operation and control measures including but not be limited to below items.
ii. Runoff Conditions – Conditions that directly or indirectly cause a Runoff outside of the Approved Use Area are strictly prohibited, whether by design, construction practice, or system operation. Sprinkler head alignment shall not allow spray to be directed outside the boundaries of the Approved Use Area. iii. Windblown Spray Conditions – Conditions that directly or indirectly permit windblown spray to pass outside of the Approved Use Area are strictly prohibited, whether by design, construction practice, or system operations.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
iv. Cross Connections – Cross-Connections are strictly prohibited, whether by design, construction practice, or system operation. A Cross-Connection will result in an immediate termination of both the Potable Water Service and the Recycled Water Service until the Cross-Connection is located and eliminated to the satisfaction of the Utility’s Cross-Connection Control Specialist. v. Hose Bibbs – are strictly prohibited on any Recycled Water irrigation. vi. Fertilizer – Nitrogen fertilizer shall only be applied to the site if levels of nitrogen in the Recycled Water are not sufficient for plant growth. vii. Unprotected Public Facilities – Facilities within an Approved Use Area that may be used by the general public including, but not limited to, eating surfaces and playground equipment, shall be protected from direct or windblown Recycled Water spray as directed by CPM. Lack of such protection, whether by design, construction practice, or system operation, is strictly prohibited.
viii. Unprotected Drinking Fountains – Any and all drinking water facilities located on property with an Approved Use Area shall be protected from direct or windblown Recycled Water spray.
ix. Pooling and Ponding – Irrigation with Recycled Water shall be controlled to prevent pooling, ponding and Runoff. The application rate shall not exceed the infiltration rate of the soil. Timers must be adjusted so as to be compatible with the lowest soil infiltration rate present. This procedure may be facilitated by the efficient scheduling of the automatic control clocks, (e.g., employing the repeat function to break up the total irrigation time into cycles to promote maximum soil absorption). Ponding and Runoff is strictly prohibited. x. Hours – Irrigate between the hours of 9:00 p.m. and 6:00 a.m. No recycled Water irrigation system shall at any time be left unattended during use outside the normal schedule. In addition to the foregoing restrictions, irrigation shall be restricted to times when the area has the least potential for human contact. xi. Monitor and Maintain – Monitor and maintain the system to minimize equipment and material failure. Broken sprinkler heads, leaks, unreliable valves, and other equipment of the Recycled Water irrigation system shall be repaired as soon as the Site Supervisor becomes aware of the problem. xii. Obtain Prior Approval – Obtain approval for all proposed changes and modifications to any on-site facilities. Such changes must be submitted to and approved by the Utility and designed in accordance with Applicable Laws prior to making any changes or modifications.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
ATTACHMENT B
PRICING, PAYMENT AND COMPENSATION
1. Compensation: This is a fixed fee Contract between City and Contractor for Landscape Maintenance Services for Police Department and City Library Sites as set forth in Attachment A, “Scope of Work”.
Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by Contractor of all its duties and obligations hereunder. Contractor shall only be compensated as set forth herein for equipment, supplies, and accessories provided in accordance with the Scope of Work. City shall have no obligation to pay any sum in excess of the fixed rates specified herein unless authorized by amendment in accordance with Articles “C” Amendment and “P” Changes, of the City’s Contract Terms and Conditions.
2. Pricing List: Fees quoted below shall be all inclusive of all labor, services, skills, supervision, delivery, mileage, fuel surcharge, travel time, materials, necessary tools, routine equipment and for any unreasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder.
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
City of Anaheim
Police Department and City Library Sites
Landscape Maintenance Services
Elite Maintenance and Tree Services
106-498490
3. Contract not-to-exceed $278,326.48, plus any City-approved contingency amount.
4. Firm Discount and Pricing Structure: Contractor guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or lesser scope. Contractor agrees that no price increases shall be passed along to City during the term of this Contract not otherwise specified and provided for within this Contract.
5. Payment Terms – Payment in Arrears: Invoices are to be submitted in arrears to the user agency/department to the ship- to address, unless otherwise directed in this Contract. Contractor shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to City of Anaheim and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with Contractor.
Billing shall cover services and/or goods not previously invoiced. Contractor shall reimburse City of Anaheim for any monies paid to Contractor for goods or services not provided or when goods or services do not meet Contract requirements.
Payments made by City shall not preclude the right of City from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.
6. Taxpayer ID Number: Contractor shall include its taxpayer ID number on all invoices submitted to City for payment to ensure compliance with IRS requirements and to expedite payment processing.
7. Payment – Invoicing Instructions: Contractor will provide an invoice on Contractor’s letterhead for goods delivered and/or services rendered. In the case of goods, Contractor will leave an invoice with each delivery. Each invoice will have a number and will include the following information:
a. Contractor’s name and address
b. Contractor’s remittance address, if different from 1 above c. Contractor’s Taxpayer ID Number
d. Name of City Agency/Department
e. Delivery/service address
f. Contract # MA 106- 498490
g. Agency/Department’s Account Number
h. Date of order
i. Product/service description, quantity, and prices
j. Sales tax, if applicable
k. Freight/delivery charges, if applicable
l. Total