City of Anaheim Master Agreement
MA-106-498851_ LANDSCAPE MAINTENANCE SERVICES FOR
VARIOUS PW SITES
EMTS, Inc.
MASTER AGREEMENT
CONTRACT NUMBER MA 106-498851
BETWEEN
CITY OF ANAHEIM
AND
EMTS, Inc. DBA ELITE MAINTENANCE & TREE SERVICE
FOR
LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES
This Master Agreement MA 106 -498851 for LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES (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 SERVICE a Corporation in California (hereinafter referred to as “Contractor”), 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
Attachment B – Pricing
RECITALS
WHEREAS, the City of Anaheim/Central Purchasing Office, on behalf of the Public Works Department, issued a competitive solicitation, Request for Proposal 412-288461-MQ on 7/16/25, for LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES ; and
City of Anaheim Master Agreement
MA-106-498851_ LANDSCAPE MAINTENANCE SERVICES FOR
VARIOUS PW SITES
EMTS, Inc.
WHEREAS, the Contractor responded to RFP 412-288461-MQ for LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES and represented that its proposed services shall meet or exceed the requirements of the Request for Proposal ; and
WHEREAS, the City desires to enter into Contract Master Agreement MA106-498851 for LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES with the Contractor as further set forth in this Contract including its Attachments effective on the date of execution for a term of 1 year with the City having the option to renew for an additional four one-year optional renewal terms , for a total not-to exceed amount of $319,303 for the initial one-year term, and a cumulative amount not to exceed $1,596,515 for the full term including renewals; and,
WHEREAS, the Contractor agrees to provide LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES based on the Scope of Work attached hereto and incorporated herein as Attachment A, and
WHEREAS, the City agrees to pay Contractor based on the schedule of fees set forth in Pricing attached hereto as Attachment B; and,
NOW, THEREFORE, the Parties mutually agree as follows:
City General Terms and Conditions
1. 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.
2. 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.
3. 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.
City of Anaheim Master Agreement
MA-106-498851_ LANDSCAPE MAINTENANCE SERVICES FOR
VARIOUS PW SITES
EMTS, Inc.
4. Taxes
Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate Califor nia 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.
5. Delivery
Time of delivery of commodities and 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 confo rm 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 commodities already accepted at Contractor’s expense. Over shipments and under sh ipments 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 actually been received and accepted in writing by City.
6. 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.
7. 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 “26” 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.
8. 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 provide d 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 requirement contained in paragraph “26” 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.
City of Anaheim Master Agreement
MA-106-498851_ LANDSCAPE MAINTENANCE SERVICES FOR
VARIOUS PW SITES
EMTS, Inc.
9. 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 assi gned 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.
10. 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 subjec t Contractor to penalties pursuant to Section 1741 of the California Labor Code.
11. 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 day s’ 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.
12. 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.
13. 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.
14. 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 coordinatio n 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, eq uipment, 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.
City of Anaheim Master Agreement
MA-106-498851_ LANDSCAPE MAINTENANCE SERVICES FOR
VARIOUS PW SITES
EMTS, Inc.
15. 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 the City (samples will be included in the documents).
Checks or letters of credit will not be accepted in lieu of bonding. When services are provided to the City, City’s standard insurance requirements (shown below) shall apply, unless otherwise indicated in the bid specifications or an approved exception is granted by the Risk Manager for the City. • Comprehensive General Liability Insurance: In an amount no less than $ 2,000,000 per occurrence/$4,000,000 Aggregate. This coverage is primary over any coverage maintained by the City.
• Auto Liability Insurance: In an amount no less than $2,000,000 per occurrence combined single limit (CSL). This coverage is primary over any coverage maintained by the City. • Workers' Compensation Insurance: As required by State statutes and Employer Liability Coverage in an amount no less than $1,000,000. A Waiver of Subrogation is required for Workers’ Compensation coverage.
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
$2,000,000
Combined single limit Per Occurrence
Workers' Compensation Statutory and
Employer Liability coverage of $1,000,000
Employers' Liability Insurance $1,000,000
Contractor is responsible for the satisfaction of any applicable deductible or self -insured retention (SIR), which if exceed $10,000, must be disclosed and approved by the City’s Risk Manager prior to the inception of this Agreement.
Excess/Umbrella insurance can be used to satisfy the minimum insurance requirements subject to the review and approval of the City’s Risk Manager.
Contractor agrees that required insuran ce shall not be voluntarily cancelled or limited in scope by Contractor until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805. This does not apply to cancellation for non- payment of premium, which requires notice of not less than ten (10) days.
Each insurance policy required by this Agreement, except Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
City of Anaheim Master Agreement
MA-106-498851_ LANDSCAPE MAINTENANCE SERVICES FOR
VARIOUS PW SITES
EMTS, Inc.
“It is agreed that any insurance maintained by Contractor pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City of Anaheim.” “The City of Anaheim is included as additional insured with respect to the scope of work, operations, and/or activities of the Named Insured, performed under this Agreement with the City of Anaheim.” Insurance certificates should state:
City of Anaheim
Attn: Purchasing Division
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Insurance certificates should be emailed to [email protected].
Any insurance required under this Agreement must be written by an insurance company admitted to do business in California.”
The City’s Risk Manager is authorized to approve Contrac tor generated exceptions, to the above requirements as set forth herein in the event Contractor generated amendment or exception request as to a reduction in coverage or amendment to policy or coverage form is in the City’s best interest.
16. Changes
Contractor shall make no changes in the work or perform any additional work without City’s specific written approval.
17. 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 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 Contr actor 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 Contract 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 obligatio n 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 it s employees, agents, and subcontractors from providing or offering gifts, entertainment,
City of Anaheim Master Agreement
MA-106-498851_ LANDSCAPE MAINTENANCE SERVICES FOR
VARIOUS PW SITES
EMTS, Inc.
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.
18. 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.
19. Confidentiality
Contractor agrees to maint ain 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.
20. 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 t he 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 “26” below, Contractor agrees that it shall defend, indemnify and ho ld City and City Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.
21. 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.
22. 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.
23. 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.
24. 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
City of Anaheim Master Agreement
MA-106-498851_ LANDSCAPE MAINTENANCE SERVICES FOR
VARIOUS PW SITES
EMTS, Inc.
knowledgeable independent legal counsel of th eir 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 Contract by any othe r 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.
25. 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 c ounsel 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.
26. 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.
The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether the City, Contractor, or any other per son or entity maintains or fails to maintain insurance coverage or a self-insurance program, for any such Claim(s); and (ii) shall survive the termination of this Contract.
27. 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 li mited 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 fo r 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 law. Contractor agrees to allow interviews of any employees or others who might reasonably have info rmation related to
City of Anaheim Master Agreement
MA-106-498851_ LANDSCAPE MAINTENANCE SERVICES FOR
VARIOUS PW SITES
EMTS, Inc.
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, Contracto r’s records pertaining to this Contract shall be forwarded to City’s project manager.
28. 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.
29. Prevailing Wage (as applicable)
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, classificat ion, 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.
A. 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:
B. 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 in Section 1771.1. This Project is subject to compliance monit oring 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.
C. 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.
D. 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 City Council 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 City Clerk. Copies may be obtained at cost at the City Clerk’s Office 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.
E. 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
City of Anaheim Master Agreement
MA-106-498851_ LANDSCAPE MAINTENANCE SERVICES FOR
VARIOUS PW SITES
EMTS, Inc.
Apprenticeship Standards by submitting DAS Form to the Joint Apprenticeship Committee of the craft or trade in the area of the site.
F. 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 directly 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:
1. $25,000 for new construction, alteration, installation, demolition or repair
2. $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.
G. 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 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:
I. The information contained in the payroll record is true and correct.
II. 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 th e 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 notic e 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
City of Anaheim Master Agreement
MA-106-498851_ LANDSCAPE MAINTENANCE SERVICES FOR
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EMTS, Inc.
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 th e 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 by 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 th e 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 subcontractor(s) shall not pay less than the higher of these rates or the rates determined by the United States Department of Labor.
H. Work Hour Penalty: Eight (8) hours of labor constitute a legal day's work, and forty (40) 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 worker 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.
I. 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.
J. 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 t he 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.
City of Anaheim Master Agreement
MA-106-498851_ LANDSCAPE MAINTENANCE SERVICES FOR
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EMTS, Inc.
30. Expenditure Limit
Contractor shall notify City of Anaheim in writing when the expenditures against Contract reach 75 percent of the dollar limit on Contract. City will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on Contract unless a change order to cover those costs has been issued.
31. California Public Records Act
Contractor and City agree and acknowledge that all information and doc uments 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.
City Additional Terms and Conditions
32. Scope of Contract
This Contract specifies the terms and conditions by which the City will procure LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES from the Contractor, as further detailed in the Scope of Work, identified and incorporated herein by this reference as "Attachment A". All services provided under this Contract shall conform to the Scope of Work as set forth in this contract.
33. Term of Contract
This Contract shall commence upon execution of all necessary signatures for a term of 1 year with the City having the option to renew for an additional four one-year optional renewals.
34. Adjustments – Scope of Work
No adjustments made to the Scope of Work wil l be authorized without prior written approval of the Purchasing Agent or designee.
35. 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 pr ocure its release and, in accordance with the requirements of paragraph “28” 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.
36. 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.
37. 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 Ac t of 1973, as amended;
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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.
38. 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 opport unities, and services must be made available to all persons, including persons with disabilities.
39. 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.
40. 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.
41. 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 subcon tractors associated with accomplishing work and services hereunder.
Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, pay ments, 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.
42. 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.
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43. 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 unreasona bly 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 an d 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 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 requir es the removal of Contractor’s Project Manager from providing further services under Contract.
44. Contractor’s Records
Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Contracto r 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.
45. 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.
46. 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.
47. 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.
48. Default – Re-Procurement Costs
In case of Contract breach by Contr actor, 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
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under the terms of the existing Contract, Contractor will be responsible for paying Ci ty 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.
49. 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, whet her 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 th e Contractor. No rejected materials, the defects of which have been subsequently corrected, shall be used.
50. 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 t he City Purchasing Agent by way of the following process:
The Contractor shall submit to the Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Co ntract, unless City, on its own initiative, has already rendered such a final decision.
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.
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 des ignee. 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 Cont ract for cause or termination for convenience as stated in Article K herein.
51. Drug-Free Workplace
Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:
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A. Publish a st atement 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:
1. The dangers of drug abuse in the workplace; and
2. The organization’s policy of maintaining a drug-free workplace; and
3. Any available counseling, rehabilitation and employee assistance programs; and
4. 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:
1. Will receive a copy of the company’s drug-free policy statement; and
2. Will agree to abide by the terms of the company’s statement as a condition of employment under this Contract.
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:
1. Contractor has made false certification, or
2. Contractor violates the certification by failing to carry out the requirements as noted above.
52. 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.
53. 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.
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54. 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 regulatio ns 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 quali fied. 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 empl oyment 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 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.
55. 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.
56. Liquidated Damages
In the event the Contractor fails to provide LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES or any portion thereof by the delivery dates as specified in the Contract or any agreed -upon amendment, the Contractor shall be liable for liquidated damages.
57. Mandatory Kick-Off Meeting
Upon award of the Contract, the awarded vendor(s) may be required to attend a mandatory kick-off meeting with City representatives to discuss important information related to the scope of work, the Contract, and the invoice payment process. A quarterly check-in meeting may be required to review any issues with the Contract.
58. 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.
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59. 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 work 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
Phone: 949-614-9148
Email: [email protected]
Project Manager: City of Anaheim/ Public Works
Attn: Eric Ramirez
Phone: 714-765-6976
Email: [email protected]
Assigned Buyer: City of Anaheim/Central Purchasing Office Attn: Maira Quezada
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Telephone: 714-765-5218
Email: [email protected]
With a copy to: City Clerk
City of Anaheim
200 S. Anaheim Blvd. 2nd Floor
Anaheim, CA 92805
60. 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.
61. 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.
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62. 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 conformance with applicable governmental codes, laws, ordinances, rules, or regulations.
63. 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 o f 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.
64. Sub-Contracting
No performance of this Contract or any portion thereof may be subcontracted by the Contractor without the express written consent of the City. Any attempt by the Contractor to subcontract any performance of this Contract without the express written consent of the City shall be invalid and shall substitute a breach of Contract.
In the event that the Contractor is authorized by the City to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor and shall incorporate be reference the terms of this Contract. The City shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the City of Anaheim.
65. Substitutions
The Contractor is required to meet all specifications and requirements contained herein. No substitutions will be accepted without prior City written approval.
66. 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.
67. Usage Reports
Contractor shall submit usage reports on an annual basis to the Assigned Buyer. The usage report shall be in a format specified by the City and shall be submitted 90 days prior to the expiration date of Contract term, or any subsequent renewal term, if applicable.
Signature Page
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date following their respective signatures.
EMTS, INC. DBA ELITE MAINTENANCE & TREE
SERVICE
CITY OF ANAHEIM, a municipal corporation
**signature_41053**
SIGNATURE
FULL NAME
TITLE
**date_signed_41053**
DATE SIGNED
**signature_41054**
SIGNATURE
DEBORAH A. MORENO
FULL NAME
FINANCE DIRECTOR/ CITY TREASURER
TITLE
**date_signed_41054**
DATE SIGNED
ATTEST: APPROVED AS TO FORM:
**signature_48564**
SIGNATURE
THERESA BASS
FULL NAME
**date_signed_48564**
DATE SIGNED
CITY CLERK
TITLE
**signature_48563**
SIGNATURE
BRYN MORLEY
FULL NAME
**date_signed_48563**
DATE SIGNED
DEPUTY CITY ATTORNEY
TITLE
Exhibits List
A - SCOPE OF WORK _ landscape_maintenance_services_for_various_sites _ 11.4.25 B - PRICING _ EMTS, Inc. Response Document
Exhibit A
SCOPE OF WORK _
landscape_maintenance_services_for_various_sites
_ 11.4.25
SCOPE OF SERVICES AND PERFORMANCE REQUIREMENTS
1. Overview of Requirements
A. The Contractor must provide everything necessary at the Contractor’s expense, including, but not limited to all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals, supplies, mulch, and other items needed to perform high -quality grounds/landscape maintenance pursuant to the terms defined herein.
B. The Contractor must provide and perform all of the requirements listed hereunder by the times required at the Contractor's expense unless explicitly stated that the work is optional or extra.
C. The Contractor must provide all grounds/landscape maintenance at the listed work sites, 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 sys tems; removing trash and debris; and other services required to maintain the work sites in a safe, attractive and useable condition.
D. The Contractor must 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 Representative (CR).
2. GENERAL TERMS AND CONDITIONS
The Contractor must provide and perform all of the requirements listed hereunder by the times required at the Contractor’s expense unless explicitly stated that the work is optional or extra.
A. City Provisions
1. Note that the City will provide access to all work areas.
B. Specifications Conflict
1. All applicable laws, ordinances, codes, and local building codes shall govern over any drawin gs and specifications within this RFP.
2. Any issued addendums as part of the RFP specifications shall govern over its predecessor.
3. Any conflicts between the specification requirements, related specifications, addendums, purchase orders, master agreements, or drawings shall be referred to the City for clarification before proceeding with any work of the affected equipment or components thereof.
4. City will determine precedence in the event of any conflict or ambiguity.
C. Industry Standards, Legal and Best Practice Requirements
1. Ensure that all equipment, materials, supplies, and work meet or better all applicable manufacturer’s published specifications and industry standards.
2. Do not cause, allow to be caused, or permit the continuance of any violation of any legal requirements or best management practices.
3. Be self-informed, abide by, and comply with all, current and applicable, local, county, state, federal or other legal requirements and best practices at all times. In submitting a bid, Contractor acknowledges that they are self-informed regarding all legal requirements.
4. 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:
a. 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) b. Anaheim Municipal Code Section 10.09 (in particular, n o 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).
c. Other applicable State and Federal Water Quality Regulations
5. Be responsible and bear all associated costs should any work be performed in contrary to any laws, ordinances, codes, rules, or regulations.
6. 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.
D. Environmental Requirements
1. Comply with all current applicable local, state, and federal requirements.
2. Transport, store, apply, and dispose of all hazardous materials required by law.
3. Supply, if necessary, a trash container for non-hazardous materials only.
4. Take all appropriate measures to fully protect all persons, property, work, and adjacent areas that are in, near, or within the possible sphere that could be affected by the work before, during, and after work.
5. Remove from the work site and properly dispose of all spent materials, hazardous materials, debris, and the like on every site visit.
6. Do NOT accumulate waste materials unless City so authorizes.
7. Do not reuse any removed materials unless City so authorizes E. Noise Pollution and Dust Control
1. Comply with all local sound control and noise level regulations and ordinances.
2. Be especially sensitive when working prior to 7:00 a.m. or after 10:00 p.m.
3. Provide dust control measures when dust is expected to be generated.
4. Coordinate with City circumstances requiring special consideration and permits.
F. Safety & Protection
1. 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.
2. Ensure that all employees and equipment are always operating in the safest possible ways.
3. Provide all SDS for all hazardous materials used in conjunction with this work.
4. Ensure that there are adequate personnel to coordinate all safety concerns.
5. Report any safety concerns, incidents, or accidents immediately to City.
G. Delivering and Staging of Equipment and Materials
1. Materials and equipment needed for this project may not be stored on -site. Public health and safety related to delivered materials are the sole responsibility of the Contractor.
2. Remove from City facilities all materials, tools, and equipment immediately after project completion.
H. Product Specifications
1. General
a. City is interested in protecting the environment, so the City desires “green” products to be used whenever possible.
b. Refer to the products listed on TABLE: PRODUCTS, which sha ll be utilized in performance of these requirements. If City has listed items therein, then those products are pre-approved; however, contractor may recommend products that closely match performance characteristics with alternate “green” products.
c. The performance of the work must be done according to the Specifications, the Best Maintenance Practices (BMP), and in a professional and thorough manner.
2. Substitutions
a. Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of City.
b. Whenever substitutions are allowed provide product data sheets to City. c. Replace any substandard substitutions at Contractor’s sole expense.
I. Operations
1. Supervisor
a. Supervisory personnel (Supervisors) shall have a combination of five years’ 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 City Project Manager 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.
2. 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.
3. All Contractor Employees
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 m ay be determined by City’s sole discretion.
c. City may require the Contractor to remove an employee from the work sites at their discretion.
4. 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 requirem ents 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.
5. 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.
6. 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 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 City’s sole discretion.
e. Factor all costs of all equipment requirements into the appropriate line items of the price sheets.
7. Work Location Notifications
a. Notify CR 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.
8. 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 CR and/or private citizens during regular work hours at said office.
J. 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 City 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.
4. Note that City 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.
K. New/Transfer/Renewal Inspections
1. General
a. Tour all designated work areas with City Project Manager 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 City Project Manager to review the designated work areas' conditions, determine the Contractor's compliance with the specifications, and disc uss 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 con ducted at least 60 days prior to the scheduled termination.
L. 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.
M. Damage Control
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 CR 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 CR.
If the Contractor discovers something unexpected or a unique problem occurs, work shall stop and immediately contact CR for a timely resolution of the problem.
5. Do not perform any work upon private property without the consent of the property owner and City.
6. Execute repairs on private property in accordance with the appropriate building code under permits issued by City of Anaheim.
N. 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 City Project Manager.
O. Public Relations
1. Provide courteous interactions, directions, information, and refer rals 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 City Project Manager and the public while performing the landscaping services per these specifications.
P. Public Nuisances
1. Report any public nuisances or undesirable and illegal behavior immediately to City Project Manager.
2. Cooperate fully with all authorities regarding any investigations of the preceding activities.
3. Submit the completed report to City Project Manager by the next business day.
Q. Hazardous & Non-Hazardous Material Spills
1. Report any suspected or known hazardous and non -hazardous spills immediately to City Project Manager.
2. Submit completed report to City Project Manager by the next business day.
R. 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.
S. Reports
1. General
a. Ensure that all reports are submitted in the time required, in the method required, and on the City 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. I f 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. 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 City. 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, observat ion, 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 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.
T. 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 City Project Manager. 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.
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 shal l attend monthly operational meetings with City Project Manager.
U. 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 CR in advance of any scheduled or actual work.
V. Unsatisfactory Work
1. Note that payments will NOT be made for any unsatisfact ory 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.
W. Termination
1. If in the opinion of Anaheim, the Contractor fails to perform or provide prompt, efficient service, ANAHEIM 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. ANAHEIM 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.
X. 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.
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 t hrough 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 City Project Manager.
5. Failure by Contractor to respond within the above response times is subject to liquidated damages per TABLE: LIQUIDATED DAMAGES
Y. 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 w riting 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.
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.
Z. Tables
1. Table: Holiday (Holiday work allowed by City is not subject to premium rates).
2. Table: Liquidated Damages
3. Table: Products (Substitutions of these items require CR approval before use).
3. DESIGNATED WORK AREAS
Detail information is located below.
Loc# DESCRIPTION ADDRESS Public Work Sites
1 City Hall 200 S. Anaheim Blvd.
2 West Tower Planter 201 S. Anaheim Blvd.
3 Maintenance Yard Planter 955 S. Melrose St.
4 PW Planter & Parking Lot 400 E. Vermont Ave.
5 West Anaheim Youth Center 320 S. Beach Blvd.
6 K-9 8155 E. Santa Ana Cyn Rd.
7 East Gymnasium 8165 E. Santa Ana Cyn Rd.
8 East Community Center/ East Library/ East PD
Sub
8201 E. Santa Ana Cyn Rd.
4. PERFORMANCE REQUIREMENTS
A. Service Levels
1. 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.
B. Turf Maintenance
1. Contractor shall maintain mowers that provide a smooth even cut without ridges or depression and without tearing of the leaf blades.
2. The mowing schedule may be altered due to weather and/or other conditions upon approval from CR.
3. All litter shall be removed from the Turf prior to each mowing.
4. 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.
5. Mulching mowers shall be used to mow Turf grass areas.
6. String trimmers are not allowed for mowing Turf.
7. 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.
8. 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.
9. 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 CR. If replaced, it will be at the Contractor’s expense.
10. 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 CR 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 CR can be present during fertilizer application.
11. Develop and maintain a broadleaf weed control program that will ensure that all Turf is maintained in a weed-free condition at all times.
12. Develop and maintain a program to ensure that all Turf is maintained free of fungi, insect infestations and/or Turf diseases at all times.
13. Fill in divots, depressions, and all uneven areas with topsoil as directed by CR.
14. 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. CR will review, modify, and approve the final written schedule considering the site use.
15. Apply City-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.
16. 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 CR.
17. Damaged and/or bare spots in the Turf shall be immediately repaired at detection. This may require approved grass seed, sod, and topsoil.
18. 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.
19. 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 CR. Trees damaged by the Contractor shall be immediately replaced at the Contractor's expense.
20. Mulch shall be applied to all tree wells located in Turf. Mulch shall be applied in a manner so 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. CR 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.
21. Mowing schedule shall be once per week.
22. Turf areas shall be aerified once annually during the fall/winter using a core aerator. Cores shall be pulled to a depth of 6”.
23. Turf areas shall be over-seeded as a part of this base agreement.
24. Do not mow areas where the soil is over-saturated. The Contractor will repair all damages (at no cost) if mowed under these conditions.
C. Edging and Detailing
1. All edging shall be performed using a gas-powered edger or CR-approved
2. 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.
3. Chemical edging is allowed around trees and along fence lines as directed by CR. Do not utilize chemical edging in areas not authorized by CR.
4. 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.
5. Detail Turf not greater than 10” away from walls or fences.
6. Detail lines shall be made straight and shall be maintained straight.
7. Supply, at Contractor’s own cost, topsoil, and CR-approved Turf seed to reduce any existing bare soil areas along walls/fences that are greater than 10”.
D. Ground Cover
1. Apply all chemical control (i.e. pesticides) as required to control or prevent all pest infestations, including soil fungicides, to protect ground cover planting.
2. 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.
3. Use only CR-approved gasoline-powered equipment for pruning ground covers.
4. Cultivate and/or spray herbicide to remove broad-leafed and grass weeds, as required. Ground cover shall be maintained in a weed free condition.
5. 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.
6. 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.
7. 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.
E. Shrubs
1. Prune shrubs as required to ensure clear vehicular and pedestrian visibility and clearance.
2. Remove broken or diseased branches and provide general containment and a good appearance.
3. 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.
4. 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.
5. Remove continually spent blossoms or dead flower stocks to present a neat, clean appearance.
6. Use only CR-approved gasoline-powered equipment for pruning shrubs.
7. 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.
8. Remove and replace, at the Contractor’s expense, all ailing, stunted, and/or dead shrub(s)/plant(s) material(s), as determined by CR due to the Contractor’s neglect or improper treatment. Upon discovery, replace with in-kind and size within five (5) business days.
9. Apply additional nutrients to shrubs to correct deficiencies within three (3) business days of discovery.
10. Shrubs will have a natural appearance unless authorized by CR.
11. Do not top plants whose natural growth stems from the base of the plant.
12. Raise the bottom of the shrubs or remove shrubs for security reasons as requested by CR.
13. Planter without irrigation system requiring manual water will be watered at CR’s request at the Contractor’s expense.
F. Mulch Replacement
1. All bare or open areas in shrub 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.
2. The material and labor to apply the mulch shall be furnished by the Contractor at their expense.
3. Use ½ to 1 ½ inch Forest Floor shredded bark surface mulch.
4. Mulch shall be maintained inside planter areas.
5. Coordinate the mulch schedule with the CR.
6. 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 waste, heavy metal contaminants, or other products that could harm people or pets.
7. Ensure that all mulch material must be fully composted and nitrogen stabilized prior to application.
G. Weed Control
1. 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 CR, within three (3) days of notification may result in liquidated damages for each subsequent day that the weeds remain.
2. NO DYES shall be used during chemical weed control unless approved by the CR.
3. Herbicides: All materials and methods implemented shall be strictly according to
4. 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.
5. Obtain all required permits and maintain the necessary usage documentation with copies submitted to the CR every month.
6. All pesticide applications shall be in accordance with written recommendations
7. provided by a licensed Pest Control Advisor (PCA). All applications shall be
8. performed under a Qualified Applicators License (QAL) supervision. Written recommendations shall be sent to the CR by January 31 of each year. An approved sub-contractor may be used who specializes in pesticide applications.
9. 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.
H. Refuse Removal
1. 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.
2. Collect, remove and properly dispose of all trash, litter, and debris from each site.
3. 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.
4. 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.
5. 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.
6. If illegal dumping occurs, the Contractor will immediately contact the CR. 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.
7. 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.
8. Pick up any Refuse in the surrounding area.
9. Private property/personal items hidden or left in work areas shall be left in place. Contact the CR, 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 CR based on time and materials at the determined bid rate.
I. Erosion Management
1. Exercise all appropriate erosion prevention measures.
2. 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.
3. Install check valves at the Contractor’s expense as needed as directed by the CR on any station or zone where excessive irrigation system drainage occurs.
4. Repair any erosion damage caused by over-irrigation, broken irrigation/line, or inclement weather.
5. 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.
J. Surface Drains
1. Conduct periodic inspections of all surface drains located within the landscaped areas.
2. Check drains to ensure proper functioning.
3. Remove any debris or vegetation that might accumulate at the inlet and prevent the proper flow of water.
4. 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.
K. V-Ditches/Gutters
1. Maintain all v-ditches, channels, and gutters located within the landscaped areas.
2. Check V-ditches, channels, and gutters to ensure proper functioning.
3. Remove any debris or vegetation that might accumulate and prevent the proper flow of water.
L. Basic Tree Service
1. 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.
2. Selective removal of undesirable sucker and sprout growth, paying specific attention not to nick or damage the sprout "burl."
3. Clear trees of sprout or sucker growth. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action.
4. 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.
5. 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 CR'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) working days of written or verbal notification by the CR or agreed upon date. replacement tree(s) size shall be at least a 15-gallon tree.
6. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by CR. 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.
M. Native and Drought Tolerant Plant Maintenance
1. Any trimming will occur in the winter months.
2. All native and drought-tolerant plant materials at any site will be maintained in their natural shape.
3. The areas shall be maintained weed-free. Only manual pulling or mechanical cultivation of non- native weed species will be allowed.
4. 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.
5. All weeds will be manually removed before they can attain a height of six inches (6”) or produce seeds, whichever comes first.
6. 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.
7. 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.
N. Turf Renovations
1. Once per year during the fall/winter at the Contractor's expense, all grass areas shall be renovated using:
2. Fall (October) – LESCO Over seeding Eagle Blend equal or better Fall seed at eight (8) pounds per 1,000 square feet.
3. Mow the existing Turf down to ¼" followed by verticutting (straight blades) to remove thatch.
4. 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%
5. Site shall be leveled prior to seeding with topsoil to provide 100% flat surface. CR may request additional topsoil to achieve a 100% flat surface.
6. The seed shall be covered with a ¼” top dressing material to protect the seed during the germination process.
7. 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. CR shall determine sod based on availability/season.
O. Hardscapes and Amenities
1. General
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 requested by CR. 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 CR-approved equipment for cleaning the hardscape.
2. Pavement Cleaning – Library Sites Only - In Addition to Above a) 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.
P. Replacement of Plant Material
1. Notify CR both verbally and in writing within four (4) days of loss of plant material due to any cause.
2. 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 CR.
3. To ensure maximum healthy growth and the overall aesthetic appearance of plants in the work area, it may be desirable to replace certain plants. CR shall determine the necessity or desirability of plant replacements.
4. 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.
Q. New Construction
1. Where new construction or redevelopment may involve a significant part of a work site, CR may add, change, or delete a portion of or the entire work site from contractual maintenance during the construction and plant establishment period.
2. 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.
R. Performance During Inclement Weather
1. During the periods when inclement weather hinders normal operations, the Contractor shall adjust their workforce to accomplish those activities not affected by the weather.
2. Do not remove the workforce from the job site without prior authorization from CR.
3. 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 CR that these tasks could not have been scheduled or completed within this time.
4. 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.
5. Re-stake and re-tie trees; remove all branches and debris resulting from inclement weather as required or directed.
6. Drains shall be checked and cleaned.
7. After heavy windstorms or other inclement weather that impacts the sites, the Contractor and CR will revise the work schedule based on the needs of the city.
S. Required Reports
1. Weekly Maintenance Schedule, including approved extra work.
2. Weekly Performance Report, including approved extra work completed.
3. Weekly Irrigation Inspection Check List (to include controller and site inspection and a list of any repairs required).
4. Weekly Master Valve/Flow Sensor inspection checklist.
5. Monthly Chemical Use Report (As sent to County Agriculture Commission), daily as needed for certain applications.
6. Bi-weekly maintenance inspection list.
7. Monthly Fertilizer Use Report.
8. Monthly pest and disease inspection conducted by a qualified applicator certificate or license holder.
9. Annual Maintenance Schedule which includes Organizational chart (depicting how Contractor intends allocate maintenance staff to maintain Anaheim’s sites), mow and trash schedules,
10. Annual pesticide safety training records.
11. Proposed Pesticide List with EPA numbers, Pesticide Recommendations, Labels and Material Safety Data Sheets.
T. Pest Control
1. Provide complete and continuous pest control and/or eradication of all pests or diseases throughout the contracted area.
2. Submit a monthly pesticide use report.
3. Replace all plant materials severely damaged by pests or diseases at the Contractor’s expense.
4. Note that pest control includes but is not limited to Ants, Bees, Wasps, Crickets, and Aphids.
5. Control pests in light poles/fixtures, valve boxes, trees etc. within the designated work areas.
U. Rodent Control
1. Control all rodents continuously within the boundaries of this contract. The schedule may require weekly control at some sites.
2. All Gopher control must be addressed on a weekly basis, at a Minimum.
3. L.D. will be passed on an event basis on any activity not treated in a timely manner.
4. 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.
5. Damage resulting from rodent activity shall be repaired at the Contractor's expense.
6. 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.
V. Irrigation Systems
1. Provide efficient use of water at all times. At some sites, the irrigation controllers are managed by a Rain Master Central Control System as well as Calsense 3000 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 the 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.
2. 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.
3. 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 CR 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.
4. Irrigation systems will be programmed to water three times per week between 9:00 p.m. and 6:00 a.m.
CR will notify you of any changes.
5. Automatic controllers and/or enclosures shall be locked while unattended.
6. 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.
7. 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.
8. 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.
9. Monitor all systems regularly within premises and correct for coverage, adjustment, and clogging of lines and other sprinkler components.
10. 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 CR 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 CR.
11. Observe and note deficiencies from the original facilities design and review these findings with the CR so necessary improvements can be considered or performed.
12. All leaking or defective piping, valves, or other system components shall be repaired within 24 hours.
13. 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.
14. At no time shall the Contractor utilize a fire hydrant for irrigation purposes without written authorization by the CR.
15. 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. CR may request a coverage test to evaluate proper settings, timing, usage, or system maintenance.
16. All valve boxes, controllers, electrical and cable boxes, manholes, and backflow devices shall be kept clear of plant growth.
17. Check rotors for complete rotation to the required arc and slow rotation compared to other sprinklers in the same zone.
18. 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 CR.
19. Take all necessary measures to fulfill the City's mandated water reduction requirements and stay in compliance.
W. Transient Activity
1. Notify City Project Manager 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.
2. Do not remove any articles, trash, or debris from transient sites unless specifically requested by City or Police.
5. SPECIFIC SPECIAL REQUIREMENTS
A. General
1. 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).
2. 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.
3. Note that should there be any conflict between these Site Specific Specifications and the Maintenance Schedule, these Specifications will govern.
B. Various Sites Section - Police Dept. Sites Section - Police Department HQ
1. Coordination with CR and timing of the work done at this site is required.
C. Various Sites Section - City Hall – Note: Recycle Water irrigation system
1. 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.
2. 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.
3. 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.
4. 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.
5. Hose Bibbs – are strictly prohibited on any Recycled Water irrigation.
6. Fertilizer – Nitrogen fertilizer shall only be applied to the site if levels of nitrogen in the Recycled Water are not sufficient for plant growth.
7. 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 CR. Lack of such protection, whether by design, construction practice, or system operation, is strictly prohibited.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
6. TREE PRUNING REQUIREMENTS
A. Introduction
1. The purpose of these specifications is to best preserve and enhance the beauty, structural integrity, and functional values of trees.
2. Trees are pruned principally to preserve their health and appearance (the natural form of the tree) and to prevent damage to human life and to property. Broken, dead, dying, diseased, decaying, interfering, obstructing, weak, and crossing limbs are pruned to prevent decay from spreading.
Live branches are removed to permit penetration of sunlight and air circulation which helps maintain a strong and healthy tree.
B. Standards and BMP’s
1. Note that all specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria.
2. Perform all tree work according to these specifications.
3. Contractor shall perform all work in accordance with the specifications and utilize Best Management Practices, and in a professional and thorough manner. The following documents are incorporated by reference:
a) American National Standards Institute (ANSI) A300 (Part 1) – 2017 Pruning and the companion publication Best Management Practices: Tree Pruning b) American National Standard Institute (ANSI) A300 (Part 6) -2018 Planting & Transplanting and the companion Tree Planting 2nd edition
c) American National Standards Institute (ANSI) A300 (Part 7) – 2018 Integrated Vegetation Management Standard and the companion publication Best Management Practices: Utility Pruning of Trees
d) American National Standards Institute (ANSI) A300 (Part 9) – 2017 Tree Risk Assessment Tree Failure and the companion publication Best Management Practices: Tree Risk Assessment 2nd edition
e) Utility Best Management practices tree risk assessment and abatement for fire prone states and provinces in the western region of North America as adopted by the Utility Arborist Association
f) American National Standard Institute (ANSI) A300 (Part 10) -2016 Integrated Pest Management and the companion Integrated Pest Management 2nd edition as adopted by International Society of Arboriculture
g) Certified Arborist or Certified Tree Worker/Aerial Lift Specialist – All persons performing tree work on City trees should be trained and certified according to tree care standards accepted by ISA.
h) Certified Arborist Utility Specialist shall have experience in electric utility vegetation management.
i) Supervisor or foreman should be trained and be a Certified Arborist Utility Specialist according to ISA standards.
C. Overview of Specifications (Non-Power Line Clearance)
1. Note that all specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria.
2. Perform all tree work according to these specifications.
3. Note that there are different criteria for pruning depending on the purpose for the pruning. a) Pruning Classifications
b) Specific Tree-Pruning Specifications
c) Palm Tree Pruning Specifications
d) Tree Removals
e) Tree Planting
f) Young Tree Care
g) Root Pruning
h) Plant Health Care
i) Clean up
D. Pruning Classifications
All trees are to be pruned per the following pruning classifications, at the direction of the City Representative:
1. A Light Prune is performed when conditions within the crown of a hardwood tree are such that only target pruning is needed. Trees that are identified for a Light Prune shall have no more than 15 percent of the live foliage removed and to the satisfaction of the City representative. A Light Prune typically consists of one or more of the following pruning treatments found in sections b and f below.
2. A Grid Prune is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be fully pruned. Complete pruning is recommended when the primary objective is to maintain or improve tree health and structure and includes pruning to reduce overall canopy mass and excessive wood weight. Trees that are identified for a Grid Prune shall have no more than 25 percent of the live foliage removed and to the satisfaction of the City representative. A Grid Prune typically consists of one or more of the following pruning treatments found in sections a, b, c, d, e, and f below. Each City facility and park location shall be considered a grid or district.
3. A Large-Scale Prune is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be fully pruned. Complete pruning is recommended when the primary objective is to maintain or improve tree health and structure and includes pruning to reduce overall canopy mass and excessive wood weight. Trees that are identified for Large Scale Prune shall have more than 25 percent of the live foliage removed, have a diameter breast height above 29 inches, and/or a 50-foot spread. All Large-Scale Pruning shall be pre-authorized by the City Representative or designee. A Large-Scale Prune typically consists of one or more of the following pruning treatments found in sections a, b, c, d, e, and f below.
4. A Service Request Prune shall require Contractor to provide tree maintenance services on designated tree(s) as ordered by the City Representative or designee. Duration of tree maintenance services could be less than one full workday, requiring Contractor to mobilize to another work area. Most assignments will require several job site set-ups to perform the work dependent on field conditions. A Service Request Prune typically consists of one or more of the following pruning treatments found in sections a, b, c, d, e, and f below.
a) Structural Prune: Structural Pruning is the removal of live branches and stems to influence the orientation, spacing, growth rate, strength of attachment, and ultimate size of branches and stems. Structural Pruning is used on young and medium-aged trees to help engineer a sustainable trunk and branch arrangement. If young trees are pruned to promote good structure, they likely will remain serviceable in the landscape for more years than trees that have not been structurally pruned. This pruning type can be summed up in the phrase:
subordinate or remove codominant stems. Small-maturing trees and shrubs are structurally pruned to properly space codominant stems, reduce or remove rubbing limbs, and provide desirable crown configuration. All branches are to be kept less than half the trunk diameter.
Spacing scaffold limbs allows for the trunk and leader to develop properly, gives the canopy a more balanced form, and reduces wind resistance. Suppress growth on branches with included bark to minimize the chance of breakage.
b) Crown Cleaning: Crown Cleaning or cleaning out is the removal of dead, diseased, crowded, weakly attached and low-vigor branches and water sprouts from the entirety of the tree crown.
Cleaning is the selective removal of dead, diseased, detached, and broken branches. This type of pruning is done to reduce the risk of branches falling from the tree and to reduce the movement of decay, insects, and diseases from dead or dying branches into the rest of the tree. It can be performed on trees of any age but is most common on medium-aged and mature trees. Cleaning is the preferred pruning type for mature trees because it does not remove live branches unnecessarily. Cleaning removes branches with cracks that may fail when the interior wood dries.
c) Crown Thinning: Crown Thinning includes the selective removal of branches to increase light penetration and air movement into and through the crown. Increased light and air stimulates and maintains interior foliage, which in turn improves branch taper and strength. Thinning reduces the wind-sail effect of the crown and the weight of heavy limbs. Care must be used to avoid stripping branches of all foliage at the interior of the tree crown. This practice, known as “lion tailing” disrupts the structural integrity of the tree, making it subject to limb and branch failure, especially during high winds. Thinning the crown can emphasize the structural beauty of trunk and branches as well as improve the growth of plants beneath the tree by increasing light penetration. When thinning the crown of mature trees, up to 25 percent of the live foliage can be removed unless directed otherwise by the City Representative.
d) Crown Reduction: Crown Reduction is used to reduce the height and/or spread of a tree.
Crown reduction varies from topping, a destructive practice, in that cuts are not made indiscriminately, resulting in large stubbed off limbs that are subject to decay. Reduction is the selective removal of branches and stems to decrease the height and/or spread of a tree or shrub. This type of pruning is done to minimize the risk of failure, to reduce height or spread, for utility line clearance, to clear vegetation from buildings or other structures, or to improve the appearance of the tree. Portions of the crown, such as individual limbs, can be reduced to balance the canopy, provide clearance, or reduce likelihood of breakage on limbs with defects.
While reducing a crown, tree workers must adhere to basic tree trimming practices involving limb/branch size relationships and use of the branch collar in avoiding the onset of decay at cut sites.
e) Crown Restoration: Crown Restoration is corrective pruning used as a means to restore the form of crowns that have been previously damaged by extenuating circumstances. Restoration is the selective removal of branches, sprouts, and stubs from trees that have been topped, severely headed, vandalized, lion tailed, broken in a storm, or otherwise damaged. The goal of restoration is to improve a tree structure, form, or appearance. Properly done, this technique provides a more pleasing, unpruned natural look to the tree compared to topping or shearing.
f) Crown Raising: Crown Raising consists of removing the lower branches of a tree in order to provide clearance for buildings, vehicles, and pedestrians. It is important that a tree have at least one-half (1/2) of its foliage on branches that originate in the lower two-thirds of its crown to ensure a well-formed, tapered structure and to uniformly distribute stress within the tree.
E. Specific Tree-Pruning Specifications
All trees are to be pruned per the following specifications:
1. All pruning work shall be performed by an ISA certified tree worker or under the direct supervision of an ISA certified tree worker. The contractor shall also have an ISA certified arborist overseeing all crew work.
2. Pines and Eucalyptus shall be pruned in the winter (November – February). Palms and other canopy trees can be pruned year-round.
3. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree or to other plants or property.
4. All trees should be examined for hazards prior to commencing work. Hangers and dead wood should be removed first. The specific techniques employed shall be consistent with industry practice for the size and species of tree being pruned.
5. Hooks, gaffs, spikes, or spurs are prohibited on live trees and will be used only for removals or in case of an aerial rescue.
6. Any vines growing on trunks of City trees shall be removed to ground level and one (1) foot laterally from the trunk at ground level. Cutting shall be done with hand tools and shall not damage the tree trunk.
7. Any extraneous metal, wire, rubber, or other material, such as stakes or ties, interfering with tree growth shall be removed immediately.
8. Any defective or weakened trees shall be reported to the City’s designated representative.
Specifically, any structural weakness of a tree, decayed trunk or branches, shall be reported in writing, noting the location of the tree by street address and a description of the hazard found in the tree. These known hazardous tree(s) must be brought to the attention of the city representative as soon as possible.
9. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.
10. Remove all dead, broken, damaged, diseased, or insect-infested limbs.
11. Undercut any branch that may rip, tear or split if not undercut. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree.
12. Encourage radial distribution of all branches to provide sufficient number of scaffold branches to fill the circular spaces as concentrically as possible around the trunk.
13. Limbs shall be removed at the trunk or main branch. Final trimming cuts shall be made without leaving a stub. Cuts shall be made just outside the branch collar area so that healing can readily start under normal conditions. Extreme flush cuts, which produce large wounds and weaken the tree at the cut, shall not be made.
14. All trimming shall provide adequate clearance for any obstructed signage, streetlight, or safety light, reference Drawing A5. Branches should not be arbitrarily cut to a pre-established clearance limit. Over sidewalks, limbs shall be raised a minimum of seven (7) feet and a maximum of eight (8) feet from grade to wood. Where there are no sidewalks or where sidewalks are located on the street side of a parkway, limbs may be retained below the minimum elevation as long as they conform to the natural shape of the species.
15. Over residential streets, limbs shall be raised gradually from ten (10) feet to 16 feet over traffic lanes from grade to wood giving the appearance of an arch rather than an angle. Near driveways where automated refuse containers are placed, it is imperative to have 16 feet of clearance.
16. Over arterial streets, limbs should be raised a minimum of 12 feet and a maximum of 16 feet from grade to wood. A major arterial street might require a higher maximum over central traffic lanes for existing, mature canopy-forming limbs.
17. Whether over sidewalk or street, where the lowest limb is attached to a trunk above the desired elevation but extends below that elevation, the entire limb shall not be removed.
F. Palm Tree Pruning Specifications
The criteria for pruning varies based on the type or purpose of pruning. Palm Pruning consists of maintaining the crowns and trunks of palm trees including the pruning of spent or declining fronds and seedpods and the skinning or shaping of spent petiole bases into a ball or nut as applicable by palm type.
1. Queen Palms
Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be described by species as follows:
a) Queen Palm (Syagrus romanzoffianum): Palm pruning is the removal of fronds, flowers, fruit, stems, or loose petioles that may create a hazardous condition. Palms also can be pruned for aesthetic reasons to eliminate sprouts and stems or dead fronds and seedpods. Live, healthy fronds should not be removed. If they must be removed, however, avoid removing those that initiate at an angle of 45 degrees or greater above horizontal. Fronds removed should be severed close to the petiole base without damaging living trunk tissue. Climbing spikes shall not be used to climb palms for pruning.
b) While making an approach to the palm crown for pruning, the contractor shall inspect the trunk of the palm tree for signs of decay, insect frass, bees, rodents, bird nesting, or any other condition suggestive of a structural abnormality. Upon finding any condition suggestive of a structural abnormality of the palm stem, the contractor shall report to the City arborist immediately.
c) Care shall be taken in the handling of fruit and flowers as they are likely to release clear liquids that react with and can cause staining to hardscape elements. The Contractor shall be responsible for removing palm fruit related stains from private property hardscape elements.
2. Canary Island Date Palms
Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be described by species as follows:
a) Canary Island Date Palm (Phoenix canariensis): dead petiole bases shall be formed into an ornamental ball which begins directly below the lowest green fronds and acts to provide a base of support to the palm crown. This ornamental ball shall be uniform and smooth in appearance and shall extend no less than four (4) and no more than eight (8) feet below the lowest live frond in the crown.
b) Live, healthy fronds, initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species.
c) Fronds shall be trimmed using a handsaw, pole saw, or chainsaw that has been sterilized per specification stated in “Trees with Known Pathogens” section. Failure to follow the sterilization procedure will result in liquidated damages being assessed against the contractor. d) Using properly sterilized equipment as described herein, any fruit or flower structures in the crown of the palm shall be removed concurrently with frond pruning. e) The contractor shall use care not to cut into live trunk tissue while maintain the ornamental ball.
The contractor shall remove any foreign plant material that has sprouted in an ornamental ball.
The contractor shall ensure with the CR that the ornamental ball meets the standard described herein each time a Canary Island Date Palm is pruned.
f) Inspect the entire length of trunk on all Phoenix canariensis palm trees, especially the upper zone just below the crown, by tapping with a mallet (sounding) each year in conjunction with pruning; report any damage, decay, or deterioration. Failure to follow the sounding procedure will result in liquidated damages being assessed against the contractor.
3. Date Palms
Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be described by species as follows:
a) Date Palm (Phoenix dactylifera): spent petiole bases are left to form a supportive “base” below the lowest green fronds of the crown. Unlike the ornamental ball of a Canary Island Date Palm (Phoenix canariensis), the base does not require ornate shaping. Instead, spent petiole bases are left uniformly long to form the base of the canopy, which shall extend to no less than four (4) and no more than six (6) feet below the lowest live frond in the crown. The contractor can use a chainsaw in forming and/or shaping the base of a Date Palm by shortening a number of the lower petiole bases to bring the length of the nut to standard. The contractor shall use care not to cut into the live trunk tissue while maintaining the nut. The contractor shall ensure that the base meets the standard described herein each time a Date Palm is pruned. b) Inspect the entire length of trunk on all Phoenix dactylifera palm trees, especially the upper zone just below the crown, by tapping with a mallet (sounding) each year in conjunction with pruning; report any damage, decay, or deterioration. Failure to follow the sounding procedure will result in liquidated damages being assessed against the contractor.
NOTE: For all the following trees, maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be described by species as follows:
4. King Palms
a) King Palm (Archontophoenix cunninghamiana): loose petiole bases are to be removed each time the crown of a King Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged.
5. Mexican Fan Palms
a) Mexican Fan Palm (Washingtonia robusta): spent petiole bases are left uniformly long to form a base.
6. California Fan Palms (Not Included)
7. Windmill Palms
a) Windmill Palm (Trachycarpus fortunei): Live, healthy fronds, initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species.
8. Pindo Palms
a) Pindo Palm (Butia capitata): Live, healthy fronds, initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species.
9. Mediterranean Palms
a) Mediterranean Palm (Chamaerops humilis): Live, healthy fronds initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species
10. Guadalupe Palms
a) Guadalupe Palm (Brahea edulis): Live, healthy fronds initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species.
11. Palmetto Palms
a) Cabbage Palm (Sabal palmetto): Live, healthy fronds initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species.
12. Palm Tree Skinning
a) Dead fronds, and parts thereof, including stubs, shall be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty-four to thirty-six (24” – 36”) inches from the base of the green fronds at the top of the tree. Palm skinning shall consist of the removal of only the dead frond bases at the point they make contact with the trunk without damaging living trunk tissue.
G. Tree Removals
1. The City prepares lists of trees to be removed, marks the trees, notifies the property owners adjacent to the sites, and submits the lists to the contractor. The contractor shall call Underground Service Alert and prepare an internal work order.
2. The contractor’s crew removes the designated trees and hauls all debris. The crew shall grind stumps to a depth of at least 18 inches, clean up, and haul away debris. All holes shall be backfilled with clean topsoil, and the removal site shall be level when work is complete. All visible roots shall be removed by hand or mechanical means. Once complete, Contractor shall ensure that all irrigation is in working order and make repairs as necessary.
3. Special projects that are difficult to access with equipment or require the need for special equipment would fall under crew rental rates.
4. Removals shall be conducted in a good workmanlike manner in accordance with the standards of the arboricultural profession.
5. The Contractor shall take all responsibility for any damage that occurs once the process of removing a tree and/or associated root grinding begins.
6. The City’s Representative shall make the final determination to remove a tree or provide public notice for removal at a later date.
7. All tree trimmings, stumps, etc. are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides, and rear solid and the top shall be tarped, or otherwise tightly enclosed. The transportation of tree parts must be made so that no debris escapes during transport. Branches, suckers, bark, and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday.
8. The city is responsible for marking trees so that they are easily identifiable by Underground Service Alert and the contractor. The contractor shall be required to notify Underground Service Alert at least 2 working days before stumps are to be ground. All tree stumps must be removed to at least 18 inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The contractor shall grind the stump a minimum distance of one and a half (1-1/2) feet either side of the outer circumference of the stump, or until surface roots are no longer encountered.
9. Stumps should be cut low enough to the ground so that grinding can be done safely. This can be accomplished by cutting the stump at the time of grinding, or at the time of tree removal except where infrastructure conflicts exist. Holes created by the stump and root grinding must be filled the same day. All excess chips debris will be removed and loaded into transport vehicle for disposal. Any damaged paved surfaces shall be restored to their original condition.
10. The Contractor shall not remove any tree without first confirming that the tree being considered is indeed the tree to be removed. Any confusion should be resolved by contacting the City Representative for assistance.
11. The Contractor shall ensure entire removal list (typically 1-5 trees) is completed within 14 days after receiving work order.
12. The Contractor shall remove all Underground Service Alert markings within 14 days after removal list has been completed.
13. The Contractor shall notify the City Representative, in writing, of any condition that prevents the removal of a tree and/or the grinding of its root system.
H. Tree Planting
1. Planting includes the tree, stakes, ties, complete installation, and watering for one (1) year at the Contractor’s expense. Planting lists will be compiled by the City Representative and submitted as needed. The contractor will guarantee the quality of the tree stock and the workmanship. The contractor will also submit a notification of trees due to be released from watering cycle a minimum of 60 days prior to the intention to stop watering. All trees shall be of good nursery stock and grown at a nursery that complies with the American Standard for Nursery Stock as described in the ANSI Z60.1-1996 Standards.
2. American National Standard Institute (ANSI) A300 (Part 10) -2018 Planting & Transplanting and the companion Tree Planting 2nd edition.
3. Trees shall be free from pests, disease and structural defects. Warranty is for one (1) year from installation.
4. The Contractor shall provide all equipment, labor, and materials necessary for the planting of trees throughout the City in accordance with the City Standard Details 520-A and 530-A, attached. The City will be responsible for marking locations and the Contractor shall notify Underground Service Alert prior to planting. The Contractor shall remove all Underground Service Alert markings within 14 days after tree planting list has been completed.
5. Planting holes shall be dug two to three times as wide as the container. The depth of the planting pit shall be equal to the size of the root ball. Place the tree in the planting pit so that the trunk flare or the top of the root ball is at least one-half (1/2) inch to one (1) inch above finish grade. In grass- covered parkways, the top of the root ball shall be higher than the surrounding soil by one-half (1/2) inch to one (1) inch. In a concrete tree well, the root ball shall be one (1) inch above the level of the finished surface of the surrounding concrete.
6. When obtaining a tree from a nursery, always carry the tree by its container or root ball, never by the trunk.
7. After removing the tree from the container, cut circling roots and matted roots off the bottom.
Check for any circling roots missed during initial inspection. Any roots less than one-third (1/3) the size of the trunk shall be removed with a sharp pruning tool.
8. Before placing the tree in the planting pit, examine the root ball for injured roots and the canopy for broken branches. Damaged roots shall be cleanly cut off at a point just in front of the break.
Broken branches shall be cut out of the canopy making sure that the branch collar is not damaged.
9. Backfill with soil removed from the planting hole. Build a temporary four- to six- (4 to 6) inch water retention berm around the root ball to allow for establishment watering. Immediately after planting the tree, water it thoroughly by filling the water retention basin twice.
10. Eliminate all air pockets while backfilling the planting pit by watering the soil as it is put into the hole. Do not compact the backfill by tamping it down.
11. All trees shall be staked with two (2) wooden lodge poles, two (2) ties per pole, and trunk guard.
The minimum diameter of a lodge pole is two (2) inches, but may be larger for larger trees. Place the tree ties at one-third (1/3) and two-thirds (2/3) of the trunk height. Drive the stake into the ground approximately twenty-four to thirty (24 to 30) inches below grade making sure not to penetrate the root ball. Where possible, the poles shall be placed perpendicular to the prevailing wind.
12. The soil around the new tree shall be kept moist, but not saturated, by watering at least once a week.
13. In some cases, root barriers may be required. The city will make this determination. Should a root barrier be required, the contractor will install a mechanical barrier that redirects root growth downward. The barrier shall be at least twelve (12) inches in depth and at a length determined by the City and placed in a linear fashion along hardscape surfaces.
14. Clean up all trash and any soil or dirt spilled on any paved surface at the end of each working day.
15. As stated previously herein, the contractor shall identify the location of all utilities and private property landscape irrigation components prior to the planting of any tree. The contractor shall take all responsibility for any damage that occurs during the planting of any tree.
16. The contractor shall not use hoses, equipment or water from private properties when watering parkway trees.
17. While performing tree watering, the contractor shall maintain the tree-watering basin to include the removal of weeds and debris and the maintenance of the watering basin to size and grade standards defined herein.
18. Trees shall be watered in such a manner that does not result in erosion of the tree-watering basin, splashing of parked vehicles or damage to any of the tree’s surroundings. Haphazard riggings and/or watering out of the window from the cab of watering equipment will not be tolerated.
19. New trees shall be watered for a minimum of one (1) year. This watering price shall be included as part of the planting price listed in the unit price sheet.
20. The contractor shall maintain a daily log of trees watered. The log shall list the tree watered by site. A printed copy of the log, which shall be maintained in digital format, must accompany invoicing for tree watering services by the contractor.
21. After planting a new tree, the contractor shall post a door hanger at the home explaining that the contractor will be watering the new tree. The flyer will detail the homeowner’s and the City/Contractor’s responsibilities for the new tree. The City will provide language for this flyer.
I. Young Tree Care
1. The City Representative shall compile and provide a list to the Contractor for structural pruning of young trees. The Contractor shall prune the tree in such a manner as to develop good structure in accordance with the American National Standards Institute (ANSI) A300 (Part 1) – 2017 Pruning and the companion publication Best Management Practices: Tree Pruning as adopted by ISA.
J. Root Pruning
1. All root pruning shall be at the direction of the City’s designated representative, who will provide locations where tree roots are to be severed usually along edges, sidewalks, or curbs. The Contractor is responsible to repair any damage done, including repairs of sprinkler lines.
2. Selective root pruning may be required to remove specific offending roots that interfere with the work area. When pruning out selective roots, great care shall be taken to retain as much root surface as possible, including sufficient buttress roots around the radius of the tree. No more than one third (1/3) of a tree’s root system shall be removed.
3. Roots shall be cut back at least four (4) inches away from new hardscape to the nearest node.
4. Pruning cuts shall be made clean and smooth with no crushing or tearing of the remaining root.
Root shaving may be required to remove a small portion of a nonessential buttress root or general root with a diameter of four (4) inches or greater. Roots will be shaved down to allow for at least two (2) inches of clearance between the root and the new hardscape. No more than one third (1/3) of a root’s diameter shall be shaved. Shaving cuts shall be made clean and smooth with no crushing or tearing of the remaining root.
5. Roots shall be pruned adjacent to the edge of the sidewalk, curb and gutter or other improvements as indicated. Root pruning cuts adjacent to the sidewalk shall be up to four (4) inches wide and twelve inches deep, and a minimum of twelve feet in each direction from the centerline of the tree as measured from the top of the sidewalk or other improvements. Root pruning cuts adjacent to the curb shall be four (4) inches wide, twelve inches deep, and a minimum of eight (8) feet in each direction from the centerline of the tree as measured from the top of the curb or other improvements.
6. Root pruning equipment shall be specifically designed for this purpose with cutting teeth sharpened adequately to sever roots in a clean manner and equipped with padded tracks or rubber tires to prevent scraping or marking the sidewalk.
7. After the pruning cut has been completed, the Contractor shall install the appropriate amount of root pruning barrier made from recycled polyethylene plastic with ultraviolet inhibitors and .080” (2.16mm) in thickness or an approved equal. All cuts shall be backfilled immediately upon completion of root pruning and barrier installation at each location. Backfill material shall consist of soil and/or mulch from root pruning and shall be free of rocks and other debris. All debris generated by these operations shall be immediately removed from the site and properly disposed of by the Contractor.
8. The Contractor shall repair or replace all utility service connections or sprinkler systems within the right- of-way that are damaged or removed as a result of the root pruning operation. Repairs shall be implemented immediately and completed by the end of the same working day. Repairs and replacements shall be at least equal quality and configuration to existing improvements and shall match them in finish and dimension.
K. Plant Health Care
1. Contractor shall provide all labor, equipment, and materials to perform Integrated Pest Management. Contractor shall have the ability to treat trees for any insects, disease, or apply fertilization. These services will be at the request of the City Representative. All work shall conform to the standards as noted in the American National Standard Institute (ANSI) A300 (Part 10) -2016 Integrated Pest Management and the companion Integrated Pest Management 2nd Edition.
L. Clean Up
1. Cleanup of any debris resulting from any tree maintenance operations shall be promptly and properly accomplished including emergency work (no exceptions). The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations, including soil, shall be cleaned up each day before the work crew leaves the site, unless permission is given by City’s Representative to do otherwise. All brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree maintenance operations. If authorized by City Representative, emergency response cleanup will be scheduled at a later date at no additional cost to City of Anaheim.
M. Consultant Arborist
1. The contractor will provide the service of a consultant arborist. When requested, the consultant arborist will be performing level 2 or 3 tree health assessments which should include 360 degree, ground-based visual inspections of the tree crown, trunk, trunk flare, above ground roots and branch and stem defects, drilling evaluation of target risk, increment boring, probing, sounding, sub-surface root and soil assessment, root collar excavation, and site conditions around the tree in relation to targets. Level 3 tree health assessment shall be at the designation of the City Representative. All consultant arborist reports shall include assessment, tree recommendations, and pictures.
Exhibit B
PRICING _ EMTS, Inc. Response Document
The City of Anaheim
Central Purchasing Office
Michael Gersch, Interim Purchasing Agent
200 S. Anaheim Blvd, Anaheim, CA 92805
[EMTS, INC.] RESPONSE DOCUMENT REPORT
RFP No. 412-288461-MQ
LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES
EMTS, Inc. Response
ATTACHMENT B
PRICING
1. Compensation: This is a fixed fee Contract between City and Contractor for Landscape Maintenance Services for Various 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 exec ution 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.
2. Pricing: 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.
[EMTS, INC.] RESPONSE DOCUMENT REPORT
RFP No. 412-288461-MQ
LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES
[EMTS, INC.] RESPONSE DOCUMENT REPORT
REQUEST FOR PROPOSAL - LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES
PRICE TABLES
BASE YEAR PRICING
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 City Hall: Monthly Landscape Services per specifications. Fixed monthly cost. 12 MO $4,619.68 $55,436.16 2 West Tower Planter: Monthly Landscape Services per specifications. Fixed monthly cost.
12 MO $65.76 $789.12
3 Maintenance Yard Planter: Monthly Landscape Services per specifications. Fixed monthly cost.
12 MO $82.20 $986.40
4 PW Planter & Parking Lot: Monthly Landscape Services per specifications. Fixed monthly cost.
12 MO $904.21 $10,850.52
5 West Anaheim Youth Center: Monthly Landscape Services per specifications. Fixed monthly cost.
12 MO $4,110.04 $49,320.48
6 K-9: Monthly Landscape Services per specifications. Fixed monthly cost. 12 MO $509.64 $6,115.68 7 East Gymnasium: Monthly Landscape Services per specifications. Fixed monthly cost.
12 MO $1,923.50 $23,082.00
8 East Community Center/ East Library/ East PD Sub: Monthly Landscape Services per specifications. Fixed monthly cost.
12 MO $4,816.97 $57,803.64
9 LABOR, SUPERVISOR: REGULAR TIME: Additional work beyond original SOW as authorized by CR representative. Rates must be fully loaded including labor, tools and equipment according to the City's operational hours. 100 HR $75.00 $7,500.00
[EMTS, INC.] RESPONSE DOCUMENT REPORT
RFP No. 412-288461-MQ
LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES
[EMTS, INC.] RESPONSE DOCUMENT REPORT
REQUEST FOR PROPOSAL - LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
10 LABOR, MAINTENANCE LABORER: REGULAR TIME: Additional work beyond original SOW as authorized by CR representative. Rates must be fully loaded including labor, tools and equipment according to the City's operational hours. 100 HR $45.00 $4,500.00
11 LABOR, IRRIGATION TECHNICIAN: REGULAR TIME: Additional work beyond original SOW as authorized by CR representative. Rates must be fully loaded including labor, tools and equipment according to the City's operational hours. 100 HR $65.00 $6,500.00
12 LABOR, PEST CONTROL OPERATOR: REGULAR TIME: Additional work beyond original SOW as authorized by CR representative. Rates must be fully loaded including labor, tools and equipment according to the City's operational hours. 0 HR $65.00
13 LABOR: TREE TRIMMER: Regular Time: Repairs & Maintenance: Regular Rates must be fully loaded and include labor, tools, equipment, consumables, dumping, etc. (this item is for additional work as requested by City.) 0 HR $85.00
TOTAL $222,884.00
FIXED PERCENTAGE MARKUP FOR ADDITIONAL AS-NEEDED MATERIALS, RENTALS, AND SUBCONTRACTORS.
This percentage rate is fixed for the entire duration of the contract.
Line Item Description Unit of Measure Percentage
14 Subcontractor: Contractor cost for service (includes disposal costs) plus a fixed markup percentage (enter markup percentage)
Percentage 10%
15 Rentals: Contractor cost for City requested extra rentals, for items not included in base bid contract, plus a fixed markup percentage (enter markup percentage) Percentage 10%
16 Materials: Contractor cost of City requested extra materials, for items not included in base bid contract, plus a fixed markup percentage (enter markup percentage) Percentage 15%
[EMTS, INC.] RESPONSE DOCUMENT REPORT
RFP No. 412-288461-MQ
LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES
[EMTS, INC.] RESPONSE DOCUMENT REPORT
REQUEST FOR PROPOSAL - LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES
TREE COUNT BREAKDOWN
Lump Sum pruning cost per tree to include but not limited to labor, tools, equipment, consumables, and taxes.
Line Item Description Quantity Unit of
Measure
Unit Cost Total
17 WEST TOWER: Cupressus Sempervirens - Italian Cypress 8 EACH $213.00 $1,704.00 18 WEST TOWER: Pyrus Calleryana - Callery Pear 8 EACH $298.00 $2,384.00 19 400 E. VERMONT: Brahea Edulis - Guadalupe Palm (2 x twice per year) 4 EACH $298.00 $1,192.00 20 400 E. VERMONT: Citrus Species - Various Citrus Trees 8 EACH $170.00 $1,360.00 21 400 E. VERMONT : Dimocarpus Longan - Longan Tree 1 EACH $213.00 $213.00 22 WEST PD: Phoenix Dactylifera - Date Palm (2 x twice per year) 4 EACH $213.00 $852.00 23 WEST PD: Washingtonia Robusta - Mexican Fan Palm (25 x twice per year) 50 EACH $170.00 $8,500.00 24 WEST PD: Phoenix Roebelenii - Pigmy Date Palm (39 x twice per year ) 78 EACH $102.00 $7,956.00 25 WEST PD: Olea Europaea - Olive 5 EACH $340.00 $1,700.00 26 WEST PD: Pittosporum tenuifolium 'Silver Sheen' - Silver Sheen Kohuhu 6 EACH $128.00 $768.00 27 WEST PD: Brachychiton acerifolius - Flame Bottletree 5 EACH $128.00 $640.00 28 WEST PD: Platanus Racemosa - California Sycamore 21 EACH $383.00 $8,043.00 29 EAST PD/ GYMNASIUM / K9: Phoenix Dactylifera - Date Palm (5 x twice per year) 10 EACH $255.00 $2,550.00 [EMTS, INC.] RESPONSE DOCUMENT REPORT
RFP No. 412-288461-MQ
LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES
[EMTS, INC.] RESPONSE DOCUMENT REPORT
REQUEST FOR PROPOSAL - LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
30 EAST PD/ GYMNASIUM / K9: Chamerops Humilis -Mediterrenean Fan Palm ( 8 x twice per year)
16 EACH $128.00 $2,048.00
31 EAST PD/ GYMNASIUM / K9: Cercis Occidentalis - Western Redbud 1 EACH $170.00 $170.00 32 EAST PD/ GYMNASIUM / K9: Jacaranda Mimosifolia - Jacaranda 9 EACH $298.00 $2,682.00 33 EAST PD/ GYMNASIUM / K9: Lagerstroemia Indica - Crepe Myrtle 3 EACH $128.00 $384.00 34 EAST PD/ GYMNASIUM / K9: Erythrina Caffra - Coral Tree 2 EACH $170.00 $340.00 35 EAST PD/ GYMNASIUM / K9: Ficus Microcarpa - Chinese Banyon 31 EACH $340.00 $10,540.00 36 EAST PD/ GYMNASIUM / K9: Pinus Species - Pine 3 EACH $510.00 $1,530.00 37 CITY HALL: Phoenix Dactylifera - Date Palm ( 6 x twice per year) 12 EACH $213.00 $2,556.00 38 CITY HALL: Phoenix Canariensis - Canary Island Date Palm (4 x twice per year) 8 EACH $213.00 $1,704.00 39 CITY HALL: Washingtonia Robusta - Mexican Fan Palm ( 25 x twice per year) 50 EACH $170.00 $8,500.00 40 CITY HALL: Howea Fosteriana - Kentia Palm (4 x twice per year) 8 EACH $85.00 $680.00 41 CITY HALL: Magnolia Grandiflora - Magnolia 40 EACH $340.00 $13,600.00 42 CITY HALL: Tipuana Tipu - Tipu Tree 7 EACH $255.00 $1,785.00 43 CITY HALL: Tabebuia Impetiginosa - Pink Trumpet Tree 7 EACH $213.00 $1,491.00 44 CITY HALL: Platanus Racemosa - California Sycamore 3 EACH $340.00 $1,020.00 45 CITY HALL: Cinnamomum Camphora - Camphor 2 EACH $255.00 $510.00 [EMTS, INC.] RESPONSE DOCUMENT REPORT
RFP No. 412-288461-MQ
LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES
[EMTS, INC.] RESPONSE DOCUMENT REPORT
REQUEST FOR PROPOSAL - LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
46 CITY HALL: Prunus Ilicifolia - Hollyleaf Cherry 2 EACH $170.00 $340.00 47 CITY HALL: Laegerstroemia indica 'Nachez' - White Crepe Myrtle 8 EACH $128.00 $1,024.00 48 CITY HALL: Chionanthus Virginicus - White Fringe Tree 7 EACH $170.00 $1,190.00 49 CITY HALL: Prunus Cerasifera 'Thundercloud' - Grafted Purple Leaf Plum 3 EACH $128.00 $384.00 50 CITY HALL: Eucalyptus Citriodora - Lemon Scented Gum 8 EACH $680.00 $5,440.00 51 CITY HALL: Pinus Thunbergii - Japanese Black Pine 3 EACH $213.00 $639.00 TOTAL $96,419.00
3. Pricing Structure: Pricing for the initial one -year base period shall remain fixed. The price for renewal years is subject to negotiation but shall not exceed the most recent available 12 -month period for the Los Angeles - Long Beach- Anaheim, CA Consumer Price Index (CPI) Series ID CWURS49ASA0 for labor.
In the event, the renewal request is above the CPI due to price fluctuations in the landscaping industry. The vendor will sub mit supporting documentation, such as manufacturers' letters of price increases and other documents. Any such requests should include dated manufacturer list prices from the time of the bid compared to the current dated manufacturer list price showing the increase in cost. The renewal request should be submitted at least 30 calendar days in advance. It will be at the sole discretion of the City to accept or reject such increase.
In the event of future changes in government -mandated wages (i.e. increase in the minimum wage or prevailing wage requirements, if applicable) that result in the Contractor’s employees being paid less than the newly required hourly rate(s), the Contractor’s labor charges may be adjusted to bring the employee wages up to the newly required minimum. Documentation [EMTS, INC.] RESPONSE DOCUMENT REPORT
RFP No. 412-288461-MQ
LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES
[EMTS, INC.] RESPONSE DOCUMENT REPORT
REQUEST FOR PROPOSAL - LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES
must be provided to support the previous actual hourly rates and the requested adjustment to new rates. Cost increases will be limited to direct pass-through of Contractor’s wage increase amount.
Cumulative Contract Amount: $ 1,596,515 plus CPI.
4. Payment Terms – Payment in Arrears: Payment will be made in arrears net thirty (30) calendar days after receipt of an invoice in a format acceptable to the City. Invoices will be verified and approved by the City and subject to routine processing requirements. The responsibility for providing an acceptable invoice to the City for payment rests with Contractor. Incomplete or incorrect invoices are not acceptable and will be returned to Contractor for correction.
Billing shall cover services and/or goods not previously invoiced. Contract or 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 i tems or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.
5. 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.
6. 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 le ave 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 one above c. Contractor’s Taxpayer ID Number
d. Name of City Agency/Department
e. Delivery Order Number
f. Agency/Department’s Account Number
g. Date of order
h. Product/service description, quantity, and prices
[EMTS, INC.] RESPONSE DOCUMENT REPORT
RFP No. 412-288461-MQ
LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES
[EMTS, INC.] RESPONSE DOCUMENT REPORT
REQUEST FOR PROPOSAL - LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS SITES
i. Sales tax, if applicable
j. Freight/delivery charges, if applicable
k. Total