City of Cypress, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
Street ID Section ID Street - Sec Name From To MPAH Rank Lanes Length Width True Area Surface Type Area ID Insp. Date PCI PCI% Load PCI % ClimatePCI % Other 445 01 445 - 01 SPRUCE CT NORTH END SOUTH END Local 2 720 39 30,226 AC 22 4/25/2023 80 45 50 5 462 01 462 - 01 SUMNER PL LINCOLN AVE MERTEN AVE Local 2 1,274 33 40,726 AC/AC 08 4/13/2023 80 48 52 0 484 01 484 - 01 TREMEZZO DR RAVARI DR END OF STREET Local 2 774 32 27,016 AC 20 4/21/2023 80 44 56 0 512 01 512 - 01 VISTA HERMOSA GRINDLAY ST END OF STREET Local 2 880 37 32,244 AC 15 4/11/2023 80 40 47 13 523 03 523 - 03 WATSON ST NELSON ST LINCOLN AVE Local 2 920 36 33,114 AC 15 5/16/2023 80 9 91 0 062 01 062 - 01 BEACH CIR CRESCENT AVE END OF STREET Local 2 358 32 13,444 AC 02 4/13/2023 81 48 52 0 065 01 065 - 01 BEDFORD CT REXFORD AVE END OF STREET Local 2 170 43 7,023 AC 28 4/26/2023 81 0 100 0 067 02 067 - 02 BELLE AVE MOODY ST WALKER ST Local 2 2,605 37 93,808 AC 27 5/2/2023 81 61 39 0 084 02 084 - 02 CAMDEN DR CERRITOS AVE REXFORD AVE. Local 2 360 36 13,471 AC 28 4/26/2023 81 39 61 0 097 01 097 - 01 CATHY CIR AURELIA AVE END OF STREET Local 2 245 42 11,310 AC 28 4/26/2023 81 0 100 0 125 02 125 - 02 CYNTHIA CIR ST. ALBAN ST END OF STREET Local 2 390 42 15,198 AC/AC 27 3/23/2023 81 92 8 0 221 01 221 - 01 JAMAICA ST SAN ANDRES AVE CANTILIES AVE Local 2 460 36 17,768 AC 41 5/1/2023 81 50 48 2 294 01 294 - 01 MC DONNELL DR KATELLA AVE PLAZA DR Local 2 480 51 25,346 AC 34 4/28/2023 81 42 58 0 319 04 319 - 04 MYRA AVE WALKER ST BALL RD Local 2 2,135 36 78,158 AC 28 4/24/2023 81 56 44 0 364 02 364 - 02 PEACH ST ORANGE AVE LIME AVE Local 2 286 33 7,317 AC 16 4/14/2023 81 37 63 0 389 01 389 - 01 RABAUL DR APIA DR MIDWAY DR Local 2 795 32 25,358 AC 46 5/1/2023 81 50 50 0 395 01 395 - 01 REXFORD AVE REXFORD CT REXFORD DR Local 2 970 32 29,506 AC 28 4/26/2023 81 0 100 0 397 01 397 - 01 REXFORD DR CERRITOS SERVICE RD REXFORD AVE Local 2 275 36 9,404 AC 28 4/26/2023 81 0 100 0 470 01 470 - 01 TANFORAN DR MARION AVE MYRA AVE Local 2 690 33 22,517 AC/AC 25 4/21/2023 81 0 100 0 537 02 537 - 02 YORKSHIRE DR SALISBURY LN MOODY ST Local 2 395 37 15,128 AC/AC 21 4/24/2023 81 42 52 6 104 01 104 - 01 CHELSEA CT DENNI ST END OF STREET Local 2 520 35 16,409 AC/AC 20 4/24/2023 82 40 49 11 114 02 114 - 02 CONDEE ST MARION AVE STRATMORE AVE Local 2 210 36 10,935 AC 28 4/26/2023 82 60 40 0 138 01 138 - 01 DELANO LN LARWIN AVE BALL Local 2 245 52 13,918 AC 25 4/21/2023 82 55 45 0 166 01 166 - 01 FAIRFIELD WAY DENNI ST WESTBORNE CT Local 2 675 36 23,892 AC 19 4/12/2023 82 40 60 0 178 01 178 - 01 FONTE RD ARIANO DR END OF STREET Local 2 688 34 26,951 AC 20 4/21/2023 82 50 50 0 193 03 193 - 03 GRAHAM ST ORANGE AVE SOUTH END Local 2 1,220 41 49,995 AC 22 4/25/2023 82 55 41 5 247 01 247 - 01 LANETT ST ALASKA AVE NEW YORK AVE Local 2 630 32 20,459 AC/AC 09 4/11/2023 82 0 100 0 307 01 307 - 01 MINDANAO ST LEYTE ST PITCAIRN ST Local 2 850 32 24,755 AC 47 4/28/2023 82 38 59 3 323 01 323 - 01 NAPOLI PL FIRENZA DR END OF STREET Local 2 451 32 16,418 AC 20 4/24/2023 82 0 100 0 328 01 328 - 01 NELSON ST WALKER ST END OF STREET Local 2 1,112 36 39,746 AC 16 5/16/2023 82 53 47 0 345 01 345 - 01 OPAL AVE CAROB ST CITY LIMIT (LAKEWOOD) Local 2 640 33 18,801 AC/AC 01 4/13/2023 82 11 89 0 013 01 013 - 01 ORANGEWOOD AVE CITY LIMIT (LOS ALAMITOS) VALLEY VIEW ST Collector 2 1,321 30 53,081 AC 46 5/3/2023 82 0 100 0 443 01 443 - 01 SOWMA WAY GRINDLAY ST END OF STREET Local 2 305 40 12,253 AC 15 4/11/2023 82 0 64 36 485 01 485 - 01 TRENTINO DR CORSO CIR CORSICA DR Local 2 280 36 10,551 AC 20 4/21/2023 82 55 45 0 503 01 503 - 01 VIA SONOMA VIA LARGO PASEO DE ORO Local 2 905 36 32,416 AC 19 4/12/2023 82 66 34 0 526 01 526 - 01 WESTBOURNE CT FAIRFIELD WAY END OF STREET Local 2 495 35 19,958 AC 19 4/12/2023 82 32 59 9 037 01 037 - 01 ANGELA AVE CERRITOS AVE MYRA AVE Local 2 1,725 34 54,075 AC 28 4/26/2023 83 59 36 5 045 02 045 - 02 ASHBURY AVE JULIE BETH ST END OF STREET Local 2 500 33 18,542 AC 14 4/11/2023 83 56 30 14 056 01 056 - 01 BARBADOS AVE PROVIDENCIA ST ANEGADA ST Local 2 1,120 32 35,999 AC/AC 41 3/22/2023 83 0 39 61 064 02 064 - 02 BEAVER CIR PATRICIA CIR END OF STREET Local 2 250 40 9,868 AC/AC 25 4/26/2023 83 75 25 0 074 02 074 - 02 BISHOP ST MOODY ST END OF STREET Local 2 700 33 25,534 AC/AC 14 4/11/2023 83 19 77 3 125 01 125 - 01 CYNTHIA CIR AURELIA AVE END OF STREET Local 2 210 47 9,800 AC 28 4/26/2023 83 0 100 0 184 01 184 - 01 GARNET AVE CAROB ST CITY LIMIT (LAKEWOOD) Local 2 640 32 20,739 AC/AC 01 5/16/2023 83 27 73 0 199 03 199 - 03 GRINDLAY ST ORANGE AVE LINCOLN AVE Local 2 2,645 36 91,849 AC 15 4/14/2023 83 0 100 0 207 01 207 - 01 HAMPSHIRE CT REXFORD AVE END OF STREET Local 2 300 38 11,005 AC 28 4/26/2023 83 8 92 0 208 01 208 - 01 HANOVER CIR SALISBURY LN END OF STREET Local 2 350 36 13,734 AC 21 4/24/2023 83 9 91 0 220 01 220 - 01 JALUIT STR TARAWA ST HOLDER ST Local 2 495 36 19,404 AC 48 4/28/2023 83 6 41 52 236 01 236 - 01 KAREN AVE VALLEY VIEW AVE WALKER ST Local 2 2,636 32 87,910 AC/AC 16 5/16/2023 83 55 45 0 299 01 299 - 01 MERTEN AVE MOODY ST SUMNER PL Local 2 1,350 33 42,747 AC 08 4/13/2023 83 0 89 11 317 01 317 - 01 MT RIPLEY DR HOLDER ST PAULINE DR Local 2 1,065 36 37,096 AC 23 4/25/2023 83 44 51 5 399 01 399 - 01 ROANOKE CT GRAND MANAN DR END OF STREET Local 2 240 41 9,599 AC 42 5/2/2023 83 43 57 0 432 01 432 - 01 SHASTA CIR WHITNEY WAY END OF STREET Local 2 615 35 21,195 AC 14 4/12/2023 83 0 100 0 048 01 048 - 01 AUGUSTA CT FAIRFEILD WAY END OF STREET Local 2 495 35 17,994 AC 19 4/12/2023 84 0 100 0 051 02 051 - 02 AVENIDA GRENADA SORRENTO DR DENNI ST Local 2 823 36 29,873 AC 20 4/21/2023 84 0 96 4 074 01 074 - 01 BISHOP ST WALKER ST GRINDLAY Local 2 1,200 36 46,209 AC/AC 15 4/11/2023 84 0 100 0 074 03 074 - 03 BISHOP ST WALKER END OF STREET Local 2 835 33 25,754 AC 16 4/11/2023 84 0 98 2 109 01 109 - 01 CITATION AVE LONGDEN ST MOODY ST Local 2 1,220 33 40,181 AC 27 3/23/2023 84 55 45 0 110 01 110 - 01 CITRUS CT WALKER ST END OF STREET Local 2 870 37 29,387 AC 16 4/14/2023 84 0 53 47 146 01 146 - 01 DOUGLAS DR KATELLA AVE PLAZA DR Local 2 480 51 26,607 AC/AC 34 4/28/2023 84 0 70 30
City of Cypress, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
Street ID Section ID Street - Sec Name From To MPAH Rank Lanes Length Width True Area Surface Type Area ID Insp. Date PCI PCI% Load PCI % ClimatePCI % Other 251 01 251 - 01 LAWRENCE DR JAMES ALAN ST LAWRENCE ST Local 2 430 32 13,829 AC 23 4/25/2023 84 57 43 0 253 01 253 - 01 LEE DR JUANITA AVE LEE ST Local 2 1,105 36 39,557 AC 23 4/26/2023 84 39 55 5 276 01 276 - 01 MALDEN ST SAIPAN ST BATAAN ST Local 2 805 36 28,569 AC 47 4/28/2023 84 46 32 22 281 01 281 - 01 MARACA ST ORANGEWOOD AVE GRENADA AVE Local 2 120 35 5,261 AC/AC 41 4/28/2023 84 25 75 0 287 04 287 - 04 MARION AVE WALKER ST AURELIA AVE Local 2 240 37 8,774 AC 28 4/26/2023 84 0 100 0 332 02 332 - 02 NEW YORK AVE GRINDLAY ST MOODY ST Local 2 1,195 32 37,521 AC/AC 09 4/11/2023 84 0 100 0 363 01 363 - 01 PAULINE DR MT RIPLEY DR ROSEMARY DR Local 2 1,315 36 48,414 AC 23 4/25/2023 84 0 95 5 391 01 391 - 01 RAVARI DR CORSO CIR END OF STREET Local 2 1,343 34 45,889 AC 20 4/21/2023 84 52 48 0 407 02 407 - 02 ROSEMARY DR MT RIPLEY DR JUANITA ST Local 2 1,985 36 71,375 AC 23 4/25/2023 84 39 55 6 421 01 421 - 01 SANTORINI DR SEVILLE WAY ORTANO LN Local 2 551 36 23,482 AC 20 4/24/2023 84 37 47 17 467 01 467 - 01 TAHITI DR LUAU LN HALAWA LN Local 2 1,000 36 37,340 AC 48 4/28/2023 84 63 37 0 474 01 474 - 01 TERESA AVE SANTA CLARA ST SANTA ELISE Local 2 700 35 25,356 AC/AC 25 4/26/2023 84 58 34 8 478 01 478 - 01 TIMARU CIR NEW ZEALAND ST END OF STREET Local 2 470 36 16,888 AC 48 4/28/2023 84 36 64 0 519 01 519 - 01 WAKE CIR APIA DR END OF STREET Local 2 665 36 23,460 AC 46 5/1/2023 84 53 44 3 527 01 527 - 01 WEYBRIDGE CT FAIRFIELD WAY END OF STREET Local 2 495 35 18,021 AC 19 4/12/2023 84 0 100 0 025 01 025 - 01 ALCAMO LN RAVARI DR END OF STREET Local 2 485 32 17,484 AC 20 4/21/2023 85 0 96 4 073 02 073 - 02 BIRCH STR PEARL CIR OPAL AVE Local 2 250 32 8,047 AC/AC 01 4/13/2023 85 39 61 0 128 01 128 - 01 CYPRESS ST WATSON ST END OF STREET Local 2 615 51 28,595 AC/AC 09 4/11/2023 85 58 42 0 133 01 133 - 01 DANNY AVE CYPRESS AVE WALKER Local 2 1,135 33 35,854 AC 10 4/11/2023 85 0 89 11 149 01 149 - 01 EDGEMONT CIR GRINDLAY ST END OF STREET Local 2 570 40 22,154 AC 15 4/11/2023 85 0 100 0 154 01 154 - 01 ELM AVE BEATRICE ST FLORENCE AVE Local 2 1,270 33 40,177 AC 35 4/27/2023 85 54 46 0 157 01 157 - 01 ESTHER ST LEMON AVE NEWMAN AVE Local 2 650 33 20,838 AC 14 4/11/2023 85 70 30 0 167 01 167 - 01 FERN AVE HOLDER ST HESTER ST Local 2 1,980 36 65,854 AC 35 4/27/2023 85 42 58 0 183 01 183 - 01 GARDINERS CT GRAN MANAN DR END OF STREET Local 2 420 41 9,768 AC 42 5/2/2023 85 36 55 9 187 01 187 - 01 GEM AVE GAY ST CAROB ST Local 2 315 36 11,349 AC 01 4/13/2023 85 59 41 0 197 01 197 - 01 GRENADA AVE PROVIDENCIA ST ANEGADA ST Local 2 1,160 36 40,142 AC/AC 41 3/22/2023 85 39 56 5 234 02 234 - 02 JULIE BETH ST MONTEFINO DR ORANGE AVE Local 2 130 36 5,801 AC 20 4/24/2023 85 10 90 0 237 01 237 - 01 KATHLEEN DR MT RIPLEY DR ROSEMARY DR Local 2 1,155 36 41,207 AC 23 4/25/2023 85 10 86 4 244 01 244 - 01 LA SALLE ST CRESCENT AVE END OF STREET Local 2 2,005 32 63,735 AC 08 4/11/2023 85 30 56 15 271 01 271 - 01 LUZON ST PALAU ST ORANGEWOOD AVE Local 2 880 36 33,289 AC/AC 47 4/28/2023 85 10 82 8 282 03 282 - 03 MARCELLA ST ST. BERNARD ST SAINT JOAN ST Local 2 1,290 32 41,577 AC/AC 27 5/16/2023 85 74 26 0 287 05 287 - 05 MARION AVE WALKER ST MOODY ST Local 2 2,630 37 94,609 AC/AC 27 3/23/2023 85 46 54 0 297 01 297 - 01 MERASHEEN WAY ANTICOST WAY PINCKNEY WAY Local 2 200 34 4,602 AC/AC 42 5/1/2023 85 61 39 0 331 01 331 - 01 NEW MEXICO LN LANETT ST END OF STREET Local 2 400 36 15,550 AC/AC 09 4/11/2023 85 0 100 0 341 01 341 - 01 NOVARA LN AVENIDA GRENADA END OF STREET Local 2 524 32 20,029 AC 20 4/21/2023 85 62 38 0 364 01 364 - 01 PEACH ST LIME AVE NEWMAN ST Local 2 1,046 33 32,394 AC 16 4/13/2023 85 44 48 7 366 01 366 - 01 PEARL CT CAROB ST END OF STREET Local 2 290 32 11,839 AC 01 4/13/2023 85 13 87 0 393 01 393 - 01 REDWOOD ST EUCALYPTUS CIR SEQUOIA AVE Local 2 215 32 9,148 AC 15 4/11/2023 85 36 64 0 408 01 408 - 01 ROXBURY CT SALTAIR DR END OF STREET Local 2 415 36 14,710 AC 28 4/26/2023 85 0 92 8 458 01 458 - 01 ST. JOAN ST MARION AVE MARCELLA AVE Local 2 470 33 17,381 AC/AC 27 3/23/2023 85 75 25 0 021 01 021 - 01 ADAGIO LN SEVILLE WAY END OF STREET Local 2 428 32 16,094 AC 20 4/24/2023 86 0 100 0 023 01 023 - 01 AGATE CIR ACACIA ST END OF STREET Local 2 210 42 8,704 AC/AC 01 4/13/2023 86 0 100 0 024 02 024 - 02 ALASKA AVE MOODY ST END OF STREET Local 2 975 32 30,461 AC/AC 09 4/11/2023 86 0 100 0 036 01 036 - 01 ANEGADA STR GRENADA AVE BARBADOS AVE Local 2 990 35 37,671 AC 41 3/22/2023 86 42 36 21 090 01 090 - 01 CAPRI CIR CUMBERLAND DR END OF STREET Local 2 380 36 13,711 AC 21 4/25/2023 86 64 36 0 108 02 108 - 02 CHRISTOPHER ST LEMON AVE NEWMAN AVE Local 2 835 33 20,794 AC 14 4/11/2023 86 58 42 0 118 01 118 - 01 CORSO CIR RAVARI DR END OF STREET Local 2 763 32 32,807 AC 20 4/21/2023 86 0 100 0 122 01 122 - 01 CULEBRA ST GRENADA AVE TRINIDAD AVE Local 2 750 21 23,376 AC/AC 41 4/28/2023 86 41 27 32 135 01 135 - 01 DE LONG ST WALKER ST SANTA MARGARITA Local 2 1,280 34 41,663 AC/AC 09 4/11/2023 86 0 100 0 143 01 143 - 01 DOREEN DR MT RIPLEY DR ROSEMARY DR Local 2 970 36 35,289 AC 23 4/25/2023 86 34 50 16 159 01 159 - 01 ETHEL ST ASHBURY AVE NEWMAN Local 2 930 33 29,554 AC 14 4/11/2023 86 48 52 0 180 01 180 - 01 FOUNTAINBLEAU AVE CAROB ST CITY LIMIT (LAKEWOOD) Local 2 640 32 22,027 AC/AC 01 5/16/2023 86 0 100 0 240 01 240 - 01 KIWI CIR NEW ZEALAND ST END OF STREET Local 2 470 36 16,855 AC/AC 48 4/28/2023 86 0 100 0 266 01 266 - 01 LOLINA LN LANETT ST END OF STREET Local 2 415 35 15,500 AC/AC 09 4/11/2023 86 0 100 0 301 01 301 - 01 MIDDLEBURY AVE FERNBURY ST END OF STREET Local 2 525 37 18,673 AC 14 4/12/2023 86 60 40 0 410 01 410 - 01 SAIPAN ST ONYX ST END Local 2 760 37 26,578 AC 47 4/28/2023 86 36 64 0 416 01 416 - 01 SANDE ST MARION AVE END OF STREET Local 2 850 35 29,285 AC 27 3/23/2023 86 39 61 0 427 01 427 - 01 SCOTT CIR RITTER ST END OF STREET Local 2 220 44 9,207 AC 36 4/27/2023 86 55 45 0 448 01 448 - 01 ST ELIZABETH CIR BELLE AVE END OF STREET Local 2 295 44 12,108 AC 27 5/2/2023 86 43 57 0
City of Cypress, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
Street ID Section ID Street - Sec Name From To MPAH Rank Lanes Length Width True Area Surface Type Area ID Insp. Date PCI PCI% Load PCI % ClimatePCI % Other 462 02 462 - 02 SUMNER PL MERTEN AVE CRESCENT AVE Local 2 1,136 33 37,301 AC 08 4/13/2023 86 0 70 30 476 01 476 - 01 TIKI DR MOLOKAI DR HALAWA LN Local 2 1,070 36 37,809 AC 48 4/28/2023 86 0 95 5 483 01 483 - 01 TORTUGA ST GRENADA AVE TRINIDAD AVE Local 2 750 32 24,464 AC/AC 41 3/22/2023 86 63 10 27 493 01 493 - 01 VERNON CT SARATOGA AVE END OF STREET Local 2 125 37 4,830 AC 27 5/16/2023 86 38 62 0 515 01 515 - 01 VISTA SERENA VISTA HERMOSA END OF STREET Local 2 500 36 18,220 AC 15 4/11/2023 86 0 85 15 525 01 525 - 01 WELLSON DR SONWELL PL END OF STREET Local 2 620 33 23,963 AC 22 4/25/2023 86 0 100 0 528 01 528 - 01 WHIRLAWAY ST MARION AVE END OF STREET Local 2 850 35 28,986 AC 27 3/23/2023 86 38 62 0 040 01 040 - 01 ANZIO CT CARRARA CT END OF STREET Local 2 170 32 7,495 AC 20 4/21/2023 87 0 100 0 049 01 049 - 01 AURELIA AVE CERRITOS SERVICE RD MARCELLA AVE Local 2 1,390 33 44,123 AC 28 4/26/2023 87 43 50 7 050 01 050 - 01 AVENIDA CARMEL AVENIDA MATEO END OF STREET Local 2 730 35 24,905 AC 19 4/12/2023 87 0 100 0 067 03 067 - 03 BELLE AVE WALKER ST END OF STREET Local 2 1,175 34 40,372 AC 28 5/2/2023 87 60 34 6 073 01 073 - 01 BIRCH STR OPAL AVE GARNET AVE Local 2 500 32 14,807 AC/AC 01 4/13/2023 87 0 100 0 075 01 075 - 01 BLACKMER ST CITY LIMIT (GARDEN GROVE) NORTH END Local 2 285 42 13,036 AC 46 5/1/2023 87 39 61 0 085 02 085 - 02 CAMP ST WATSON ST WALKER ST Local 2 615 36 22,223 AC 15 4/13/2023 87 0 100 0 113 01 113 - 01 COMSTOCK CT SALTAIR ST END OF STREET Local 2 415 36 14,760 AC 28 4/26/2023 87 0 100 0 134 01 134 - 01 DARWIN WAY DANA CIR WEST END Local 2 560 40 28,137 AC/AC 42 3/22/2023 87 43 57 0 185 01 185 - 01 GATEWAY DR VALLEY VIEW ST ALLEY 1 Local 2 1,865 41 76,034 AC 35 4/27/2023 87 40 59 1 186 01 186 - 01 GAY ST CRESCENT AVE END OF STREET Local 2 1,825 24 52,526 AC 01 4/13/2023 87 43 56 0 188 01 188 - 01 GENE ST LEE DR END OF STREET Local 2 505 34 18,001 AC 23 4/26/2023 87 13 87 0 196 01 196 - 01 GREGORY ST LEMON AVE NEWMAN AVE Local 2 695 33 23,616 AC 14 4/11/2023 87 43 57 0 198 01 198 - 01 GRETA CIR FERN AVE END OF STREET Local 2 255 41 10,132 AC 35 4/27/2023 87 70 30 0 199 01 199 - 01 GRINDLAY ST BALL RD ORANGE AVE Local 2 2,673 36 90,539 AC/AC 21 4/25/2023 87 0 100 0 219 01 219 - 01 JADE AVE CAROB ST CITY LIMIT (LAKEWOOD) Local 2 615 32 20,091 AC/AC 01 4/13/2023 87 0 100 0 234 04 234 - 04 JULIE BETH ST PARK AVE END OF STREET Local 2 590 36 23,341 AC 14 4/11/2023 87 40 60 0 254 01 254 - 01 LEE ST FRED DR LEE DR Local 2 200 36 8,288 AC 23 4/26/2023 87 58 42 0 278 01 278 - 01 MANILA DR APIA DR LAKIA DR Local 2 995 36 34,871 AC 46 5/1/2023 87 38 62 0 315 01 315 - 01 MONTSERRAT ST DOMINICA AVE CANTILES AVE Local 2 980 32 34,597 AC/AC 41 5/1/2023 87 0 76 24 318 01 318 - 01 MULBERRY ST GEM AVE END OF STREET Local 2 310 36 11,098 AC 01 4/13/2023 87 48 52 0 344 01 344 - 01 ONYX ST CITY LIMIT (GARDEN GROVE) END OF STREET Local 2 1,110 38 40,604 AC/AC 47 4/28/2023 87 40 54 6 373 01 373 - 01 PHYLLIS DR HOPE ST VALLEY VIEW ST Local 2 1,178 40 49,228 AC/AC 41 3/22/2023 87 63 34 3 381 01 381 - 01 PONDER ST MARION AVE END OF STREET Local 2 850 35 28,557 AC 27 3/23/2023 87 42 58 0 382 01 382 - 01 PORTOFINO CR SEVILLE WAY END OF STREET Local 2 540 32 20,560 AC 20 4/24/2023 87 0 100 0 396 01 396 - 01 REXFORD CT REXFORD AVE END OF STREET Local 2 165 35 6,739 AC 28 4/26/2023 87 0 100 0 428 01 428 - 01 SEABROOK WAY SOUTHAMPTON DR PINCKNEY WAY Local 2 515 26 11,358 AC/AC 42 5/1/2023 87 83 17 0 450 01 450 - 01 ST GEORGE CIR BELLE AVE END OF STREET Local 2 295 44 12,158 AC 27 5/2/2023 87 53 47 0 451 01 451 - 01 ST JOHN CIR BELLE AVE END OF STREET Local 2 295 44 12,924 AC 27 5/2/2023 87 0 100 0 456 01 456 - 01 ST. ALBAN ST CERRITOS AVE MYRA AVE Local 2 1,665 34 53,417 AC/AC 27 3/23/2023 87 69 31 0 464 01 464 - 01 SURREY DR DENNI ST LEXINGTON ST Local 2 1,135 36 40,038 AC 13 5/16/2023 87 25 75 0 482 01 482 - 01 TONGA CIR SAVALL ST END OF STREET Local 2 400 38 15,862 AC 47 4/28/2023 87 47 48 6 510 01 510 - 01 VISTA DEL SOL GRINDLAY ST END OF STREET Local 2 420 36 14,299 AC/AC 15 4/11/2023 87 34 50 17 511 01 511 - 01 VISTA FORTUNA VISTA MESA END OF STREET Local 2 355 37 13,298 AC 15 4/11/2023 87 0 93 7 517 01 517 - 01 VONNIE LN CYPRESS AVE WALKER ST Local 2 1,095 33 34,405 AC 10 4/11/2023 87 0 100 0 521 01 521 - 01 WARD CIR RITTER ST END OF STREET Local 2 220 40 9,269 AC 36 4/27/2023 87 46 54 0 063 01 063 - 01 BEATRICE ST FERNE AVE END OF STREET Local 2 400 37 14,457 AC 35 4/27/2023 88 49 51 0 066 01 066 - 01 BELDAY ST ALASKA AVE NEW YORK Local 2 570 32 18,569 AC/AC 09 4/11/2023 88 0 100 0 068 02 068 - 02 BELMONT ST MERTEN AVE CRESCENT AVE Local 2 1,324 28 41,190 AC 08 4/13/2023 88 0 71 29 069 01 069 - 01 BERNICE CIR ELM AVE END OF STREET Local 2 120 49 5,755 AC 35 4/27/2023 88 45 55 0 093 01 093 - 01 CAROB ST CRESCENT AVE GEM AVE Local 2 1,395 39 52,224 AC 01 4/13/2023 88 0 100 0 168 01 168 - 01 FERNBURY ST ASHBURY AVE NEWMAN AVE Local 2 1,010 36 38,543 AC 14 4/12/2023 88 48 52 0 169 02 169 - 02 FERNE AVE RITTER ST CHESTNUT ST Local 2 261 15 7,615 AC 36 4/27/2023 88 0 100 0 175 01 175 - 01 FLORENCE ST CERRITOS AVE END OF STREET Local 2 555 30 17,152 AC 35 4/27/2023 88 0 100 0 199 02 199 - 02 GRINDLAY ST NEW YORK AVE END OF STREET Local 2 216 36 7,217 AC/AC 09 4/11/2023 88 0 100 0 212 01 212 - 01 HESTER ST FERN AVE CERRITOS AVE Local 2 310 36 11,568 AC 35 4/27/2023 88 42 58 0 227 01 227 - 01 JEFFREY MARK ST LAWRENCE DR END OF STREET Local 2 835 33 28,167 AC 23 4/25/2023 88 0 61 39 234 01 234 - 01 JULIE BETH ST MARION AVE MYRA AVE Local 2 825 33 26,520 AC 26 4/24/2023 88 65 35 0 258 01 258 - 01 LEONE WAY HOLDER ST END OF STREET Local 2 265 41 10,125 AC 35 4/27/2023 88 0 100 0 259 01 259 - 01 LEXINGTON ST DORSET DR SURREY DR Local 2 610 35 24,171 AC 13 4/12/2023 88 44 56 0 277 01 277 - 01 MANCHESTER PL LEXINGTON ST END OF STREET Local 2 475 36 17,197 AC 13 4/12/2023 88 48 52 0 292 01 292 - 01 MAXSON DR SONWELL PL END OF STREET Local 2 620 35 21,998 AC 22 4/25/2023 88 0 100 0
City of Cypress, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
Street ID Section ID Street - Sec Name From To MPAH Rank Lanes Length Width True Area Surface Type Area ID Insp. Date PCI PCI% Load PCI % ClimatePCI % Other 378 02 378 - 02 PITCAIRN ST ONYX ST EAST END Local 2 645 37 22,255 AC/AC 47 4/28/2023 88 0 84 16 404 01 404 - 01 RONALD DR JUANITA ST DEBORAH ST Local 2 515 32 16,242 AC 23 4/27/2023 88 0 100 0 433 01 433 - 01 SHERINGTON CT DENNI ST END OF STREET Local 2 520 36 17,012 AC/AC 20 4/24/2023 88 0 100 0 440 01 440 - 01 SONWELL PL ORANGE AVE WELLSON DR Local 2 555 36 18,745 AC 22 4/25/2023 88 0 100 0 481 01 481 - 01 TOKELAU ST MALDEN ST HOLDER ST Local 2 650 36 23,434 AC 47 4/28/2023 88 0 100 0 489 01 489 - 01 TULAGI ST MALDEN ST END OF STREET Local 2 170 47 7,036 AC 47 4/28/2023 88 0 100 0 490 01 490 - 01 TUSCANI DR SORRENTO DR SILVRETTA DR Local 2 1,108 36 43,052 AC 20 4/21/2023 88 47 53 0 501 01 501 - 01 VIA MEDIA PASEO DE ORO AVENIDA SEVILLE Local 2 655 32 20,383 AC 19 4/12/2023 88 56 44 0 508 01 508 - 01 VISTA BONITA VISTA HERMOSA END OF STREET Local 2 500 36 18,282 AC 15 4/11/2023 88 45 55 0 524 01 524 - 01 WELLINGTON CT NORMANDY WAY END OF STREET Local 2 370 39 13,616 AC/AC 20 4/24/2023 88 0 100 0 027 01 027 - 01 ALICE CIR BELLE AVE END OF STREET Local 2 295 36 12,355 AC 28 5/2/2023 89 68 32 0 084 01 084 - 01 CAMDEN DR CERRITOS AVE CORPORATE AVE Local 2 678 40 28,652 AC 34 4/27/2023 89 48 52 0 095 02 095 - 02 CARY CIR PATRICIA CIR END OF STREET Local 2 275 36 11,759 AC/AC 25 4/26/2023 89 60 40 0 100 01 100 - 01 CERRITOS SERVICE RD RITTER ST END OF STREET Local 2 870 26 27,159 AC 36 4/27/2023 89 0 100 0 108 03 108 - 03 CHRISTOPHER ST MARION AVE MYRA AVE Local 2 835 33 26,716 AC 26 4/24/2023 89 60 40 0 111 01 111 - 01 CLAUDIA CIR ELM AVE END OF STREET Local 2 415 36 15,613 AC 35 4/27/2023 89 0 100 0 156 01 156 - 01 ESTHER CIR MYRA AVE END OF STREET Local 2 125 44 5,656 AC 26 4/24/2023 89 64 36 0 215 01 215 - 01 HOLMBY CT SALTAIR DR END OF STREET Local 2 405 36 14,607 AC 28 4/26/2023 89 25 75 0 231 01 231 - 01 JONATHAN AVE RITTER ST KNOTT ST Local 2 1,180 36 41,279 AC 36 4/27/2023 89 0 100 0 252 01 252 - 01 LAWRENCE ST JUANITA ST LAWRENCE DR Local 2 1,218 32 38,172 AC 23 4/25/2023 89 18 82 0 255 01 255 - 01 LEILANI LN KNOTT ST HALAWA LN Local 2 1,125 36 39,824 AC 48 4/28/2023 89 46 54 0 257 01 257 - 01 LEMON CIR FERNBURY ST END OF STREET Local 2 525 37 18,638 AC 14 4/12/2023 89 9 91 0 286 01 286 - 01 MARILYN DR MARGARET ST VALLEY VIEW ST Local 2 460 36 16,506 AC 23 4/25/2023 89 0 94 6 337 01 337 - 01 NEWMAN ST NANCY ST WALKER ST Local 2 2,160 33 78,947 AC 16 5/16/2023 89 14 84 3 340 01 340 - 01 NOUMEA ST COZUMEL ST VALLEY VIEW ST Local 2 135 36 5,105 AC 47 4/28/2023 89 32 68 0 351 03 351 - 03 OXFORD DR OXFORD DR N END Local 2 50 32 3,739 AC/AC 21 4/25/2023 89 0 100 0 401 01 401 - 01 ROME AVE ROME ST GRINDLAY ST Local 2 750 37 27,964 AC 21 4/25/2023 89 78 22 0 407 01 407 - 01 ROSEMARY DR JUANITA ST DEBORAH ST Local 2 510 32 17,780 AC 23 4/27/2023 89 0 100 0 424 01 424 - 01 SARCO ST REEFTON AVE CITY LIMIT (GARDEN GROVE) Local 2 140 33 4,228 AC 48 4/28/2023 89 0 100 0 439 01 439 - 01 SOMERSET LN ORANGE AVE CHESHIRE DR Local 2 1,125 36 41,614 AC/AC 13 4/12/2023 89 60 40 0 441 01 441 - 01 SORRENTO DR MOODY AVE BALL RD Local 2 2,826 39 111,865 AC 20 4/21/2023 89 11 89 0 444 01 444 - 01 SPRAGUE AVE CYPRESS AVE WALKER ST Local 2 1,135 33 36,535 AC/AC 10 4/11/2023 89 0 100 0 446 01 446 - 01 ST AGNES CIR BELLE AVE BALL RD Local 2 295 44 12,296 AC 27 5/2/2023 89 0 90 10 488 01 488 - 01 TRUK ST LAKIA DR ORANGEWOOD AVE Local 2 120 36 4,858 AC 46 5/1/2023 89 25 75 0 505 01 505 - 01 VICTORIA CT NORMANDY WAY END OF STREET Local 2 380 38 15,412 AC/AC 20 4/24/2023 89 0 100 0 509 01 509 - 01 VISTA DEL MAR GRINDLAY ST VISTA REAL Local 2 505 32 20,050 AC/AC 15 4/11/2023 89 0 100 0 523 01 523 - 01 WATSON ST CRESCENT AVE END OF STREET Local 2 1,500 44 65,241 AC/AC 09 4/11/2023 89 0 100 0 026 01 026 - 01 ALDERBURY STR ORANGE AVE NEWMAN AVE Local 2 1,170 32 43,098 AC 14 4/12/2023 90 0 100 0 039 01 039 - 01 ANTICOST WAY NORTH END NE END Local 2 490 27 10,125 AC/AC 42 5/1/2023 90 81 19 0 061 01 061 - 01 BATAAN ST WEST END TALAUD Local 2 1,080 37 37,572 AC 47 4/28/2023 90 0 91 9 067 01 067 - 01 BELLE AVE MOODY ST END OF STREET Local 2 505 37 18,279 AC 26 5/2/2023 90 0 100 0 078 01 078 - 01 BREWSTER CT GRAND MANAN DR END OF STREET Local 2 480 40 17,749 AC/AC 42 5/1/2023 90 49 44 7 083 01 083 - 01 CAMBRIDGE DR ORANGE AVE CHESHIRE DR Local 2 1,145 36 42,525 AC/AC 13 4/12/2023 90 0 100 0 086 01 086 - 01 CANTERBURY DR MOODY ST END OF STREET Local 2 1,898 36 64,958 AC 21 4/24/2023 90 0 100 0 105 01 105 - 01 CHESHIRE DR WEST END EAST END Local 2 1,140 40 43,558 AC/AC 13 4/12/2023 90 0 100 0 114 01 114 - 01 CONDEE ST CATHY AVE MILDRED AVE Local 2 255 36 9,538 AC/AC 28 4/26/2023 90 46 54 0 123 02 123 - 02 CUMBERLAND DR MOODY ST GRINDLAY ST Local 2 1,270 36 46,349 AC 21 4/25/2023 90 54 46 0 161 01 161 - 01 EUDORA CIR ELM AVE END OF STREET Local 2 160 48 7,070 AC 35 4/27/2023 90 0 100 0 174 01 174 - 01 FLEETWOOD ST FLEETWOOD AVE CHESHIRE DR Local 2 1,020 36 34,814 AC/AC 13 4/12/2023 90 25 75 0 177 01 177 - 01 FONTAINBLEAU WY SIMONE WAY DENNI ST Local 2 1,430 32 47,397 AC 02 4/13/2023 90 0 100 0 191 01 191 - 01 GRACE AVE MOODY ST SUMNER PL Local 2 1,345 26 41,320 AC 08 4/11/2023 90 0 57 43 196 03 196 - 03 GREGORY ST PARK ST END OF STREET Local 2 510 38 19,876 AC 14 4/11/2023 90 0 83 17 205 01 205 - 01 HALIFAX CIR SALISBURY LN END OF STREET Local 2 350 36 13,551 AC/AC 21 4/24/2023 90 0 100 0 222 01 222 - 01 JAMES ALAN STR JUANITA ST LAWRENCE DR Local 2 1,080 32 35,641 AC 23 4/25/2023 90 0 100 0 241 01 241 - 01 KNOTT SERVICE RD JONATHAN AVE END OF STREET Local 2 935 27 27,851 AC 36 4/27/2023 90 0 93 7 245 01 245 - 01 LAKESHORE DR LAKESHORE DR END OF STREET Local 2 155 49 7,406 AC/AC 16 4/13/2023 90 0 52 48 265 01 265 - 01 LIVERMORE PL LEXINGTON ST END OF STREET Local 2 475 36 16,807 AC 13 4/12/2023 90 16 84 0 285 01 285 - 01 MARGARET ST LAWRENCE ST RONALD DR Local 2 485 36 17,404 AC 23 4/25/2023 90 37 63 0 287 02 287 - 02 MARION AVE DENNI ST MOODY ST Local 2 2,595 37 93,975 AC 26 4/26/2023 90 0 100 0
City of Cypress, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
Street ID Section ID Street - Sec Name From To MPAH Rank Lanes Length Width True Area Surface Type Area ID Insp. Date PCI PCI% Load PCI % ClimatePCI % Other 305 01 305 - 01 MILDRED LN ANGELA AVE END OF STREET Local 2 420 39 16,842 AC/AC 28 4/26/2023 90 0 100 0 321 01 321 - 01 NANTUCKET CT SOUTHAMPTON DR END OF STREET Local 2 240 41 9,863 AC/AC 42 5/1/2023 90 51 49 0 324 01 324 - 01 NASHAWENA CT SOUTHAMPTON DR END OF STREET Local 2 240 41 9,794 AC 42 5/1/2023 90 55 45 0 336 01 336 - 01 NEWMAN AVE ALDERBURY ST DENNI ST Local 2 1,140 36 41,175 AC 14 4/12/2023 90 0 100 0 352 01 352 - 01 PALAU ST LUZON ST END OF STREET Local 2 870 37 30,759 AC 47 4/28/2023 90 0 100 0 402 01 402 - 01 ROME ST ROME AVE END OF STREET Local 2 620 39 24,012 AC 21 4/25/2023 90 0 37 63 437 01 437 - 01 SIMONE WAY MARTINIQUE WAY FONTAINBLEAU WAY Local 2 510 32 18,085 AC 02 4/13/2023 90 0 100 0 442 01 442 - 01 SOUTHAMPTON DR GRAND MANAN DR GRAND MANAN DR Local 2 1,830 36 65,995 AC 42 5/1/2023 90 0 100 0 409 01 409 - 01 ST ANN AVE CITY LIMIT (BUENA PARK) WALKER ST Local 2 1,295 32 39,996 AC/AC 10 4/11/2023 90 0 100 0 449 01 449 - 01 ST FRANCIS CIR BELLE AVE END OF STREET Local 2 275 42 11,713 AC 26 5/2/2023 90 34 66 0 472 01 472 - 01 TARAWA ST REEFTON AVE JALUIT ST Local 2 205 36 9,059 AC 48 4/28/2023 90 0 89 11 514 01 514 - 01 VISTA REAL GRINDLAY ST VISTA DEL MAR Local 2 720 32 19,578 AC/AC 15 4/11/2023 90 0 100 0 530 01 530 - 01 WILLIAM AVE CHRISTOPHER ST END OF STREET Local 2 425 34 14,182 AC 26 4/24/2023 90 57 43 0 057 01 057 - 01 BARBARA ANNE ST CERRITOS AVE CATHY AVE Local 2 495 37 18,707 AC/AC 26 4/26/2023 91 0 87 13 059 01 059 - 01 BARRY DR VALLEY VIEW ST END OF STREET Local 2 585 36 21,027 AC 23 4/26/2023 91 0 100 0 093 02 093 - 02 CAROB ST GEM AVE END OF STREET Local 2 360 38 16,128 AC 01 4/13/2023 91 0 88 12 094 01 094 - 01 CARRARA CIR AVENIDA GRANADA END OF STREET Local 2 621 36 22,793 AC 20 4/21/2023 91 0 100 0 096 02 096 - 02 CATHY AVE VALLEY VIEW ST CONDEE ST Local 2 610 36 20,642 AC/AC 28 4/26/2023 91 0 100 0 098 01 098 - 01 CATHY LN ANGELA AVE END OF STREET Local 2 420 39 16,191 AC/AC 28 4/26/2023 91 0 100 0 102 01 102 - 01 CHANTRY CT NORMANDY WAY END OF STREET Local 2 390 38 15,186 AC/AC 20 4/24/2023 91 0 77 23 103 01 103 - 01 CHARLES CT WALNUT ST END OF STREET Local 2 560 37 19,818 AC 36 4/27/2023 91 0 100 0 106 01 106 - 01 CHESTNUT ST WALNUT ST FOREST ST Local 2 970 36 36,293 AC 36 4/27/2023 91 0 100 0 127 01 127 - 01 CYPRESS AVE DANNY AVE NORTH END Local 2 830 32 27,550 AC 10 4/11/2023 91 0 100 0 140 01 140 - 01 DIANE CIR ELM AVE END OF STREET Local 2 255 42 9,989 AC 35 4/27/2023 91 0 100 0 144 01 144 - 01 DORIS CIR MARION AVE END OF STREET Local 2 475 37 17,233 AC 26 4/26/2023 91 0 100 0 145 01 145 - 01 DORSET DR LEXINGTON ST SOMERSET ST Local 2 645 36 18,641 AC/AC 13 4/12/2023 91 17 83 0 148 01 148 - 01 DRESDEN CIR GRINDLAY ST END OF STREET Local 2 310 37 11,807 AC 21 4/25/2023 91 75 25 0 154 02 154 - 02 ELM AVE TAMMY ST RITTER ST Local 2 850 32 29,110 AC 36 4/27/2023 91 0 100 0 179 01 179 - 01 FOREST ST CHESTNUT ST ALMOND ST Local 2 350 36 13,192 AC 36 4/27/2023 91 0 100 0 192 01 192 - 01 GRAHAM CIR NEWMAN AVE END OF STREET Local 2 200 42 9,074 AC 16 4/13/2023 91 0 100 0 209 01 209 - 01 HANOVER DR WALKER ST GRINDLAY ST Local 2 1,290 34 43,404 AC 21 4/25/2023 91 60 40 0 230 01 230 - 01 JOEL CIR FRED DR END OF STREET Local 2 435 34 16,141 AC 23 4/26/2023 91 0 84 16 243 01 243 - 01 LA HOMA ST CRESCENT AVE DANIEL T. MACKAY ELEM. SCHOOL Local 2 915 34 30,231 AC/AC 10 4/11/2023 91 0 61 39 268 01 268 - 01 LORRAINE ST CERRITOS SERVICE RD MARCELLA AVE Local 2 1,390 33 46,378 AC 28 4/26/2023 91 54 46 0 288 01 288 - 01 MARION CR ANGELA AVE END OF STREET Local 2 420 39 16,226 AC/AC 28 4/26/2023 91 0 94 6 371 01 371 - 01 PETITE LN MONIQUE WAY DENNI ST Local 2 490 32 17,641 AC/AC 02 4/13/2023 91 0 100 0 384 01 384 - 01 PRITCHARD WAY SOUTHAMPTON DR END OF STREET Local 2 370 31 8,036 AC/AC 42 5/1/2023 91 66 34 0 388 01 388 - 01 QUIRPON WAY GRAND MANAN DR END OF STREET Local 2 260 33 5,691 AC/AC 42 5/1/2023 91 68 25 7 406 01 406 - 01 ROSE ANN CIR CATHY AVE END OF STREET Local 2 385 32 16,651 AC/AC 26 4/26/2023 91 0 100 0 463 01 463 - 01 SUNNY CIR BARRY DR END OF STREET Local 2 255 36 10,444 AC 23 4/26/2023 91 0 100 0 471 01 471 - 01 TANGIER WAY BYLOT WAY END OF STREET Local 2 450 30 9,333 AC/AC 42 5/1/2023 91 71 29 0 520 01 520 - 01 WALNUT ST CHESTNUT ST MAPLE ST Local 2 1,040 36 36,983 AC 36 4/27/2023 91 0 100 0 017 01 017 - 01 ABRAHAM AVE CHRISTOPHER ST END OF STREET Local 2 475 36 18,099 AC 26 4/24/2023 92 0 100 0 029 01 029 - 01 AMALFI ST CORSICA DR ORTANO LN Local 2 696 36 23,495 AC 20 4/24/2023 92 0 100 0 045 01 045 - 01 ASHBURY AVE ALDERBURY ST FERNBURY ST Local 2 470 36 19,172 AC 14 4/12/2023 92 0 100 0 057 02 057 - 02 BARBARA ANNE ST MARION AVE MYRA AVE Local 2 825 33 26,944 AC 26 4/24/2023 92 21 79 0 126 01 126 - 01 CYNTHIA LN ANGELA AVE EAST END Local 2 420 39 16,337 AC/AC 28 4/26/2023 92 0 100 0 151 01 151 - 01 ELINORA LN ANGELA AVE END OF STREET Local 2 420 38 16,304 AC/AC 28 4/26/2023 92 0 66 34 159 02 159 - 02 ETHEL ST MARION AVE MYRA AVE Local 2 825 33 27,157 AC 26 4/24/2023 92 0 100 0 234 03 234 - 03 JULIE BETH ST ORANGE AVE NEWMAN AVE Local 2 1,100 33 40,032 AC 14 4/11/2023 92 0 100 0 256 01 256 - 01 LEMON AVE MOODY ST GREGORY ST Local 2 630 33 20,373 AC 14 4/11/2023 92 0 100 0 264 01 264 - 01 LIPARI CIR AMALFI ST END OF STREET Local 2 430 32 16,090 AC 20 4/24/2023 92 0 100 0 270 01 270 - 01 LUAU LANE TAHITI DR LEILANI LN Local 2 220 36 7,064 AC 48 4/28/2023 92 0 100 0 283 01 283 - 01 MARCELLA CIR ANGELA AVE END OF STREET Local 2 540 39 20,650 AC/AC 28 4/26/2023 92 54 46 0 282 01 282 - 01 MARCELLA ST LORRAINE LN WALKER ST Local 2 540 33 16,760 AC 28 4/26/2023 92 18 82 0 295 01 295 - 01 MCNUTT WAY GRAND MANAN DR END OF STREET Local 2 470 29 9,951 AC/AC 42 5/1/2023 92 83 17 0 319 03 319 - 03 MYRA AVE MOODY ST WALKER ST Local 2 2,605 36 94,911 AC/AC 27 4/24/2023 92 60 40 0 362 01 362 - 01 PATRICIA DR DENNI ST CARY ST Local 2 410 32 12,257 AC/AC 25 4/26/2023 92 16 84 0 365 01 365 - 01 PEARL CIR BIRCH ST CITY LIMIT (LAKEWOOD) Local 2 130 32 6,369 AC/AC 01 4/13/2023 92 0 100 0
City of Cypress, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
Street ID Section ID Street - Sec Name From To MPAH Rank Lanes Length Width True Area Surface Type Area ID Insp. Date PCI PCI% Load PCI % ClimatePCI % Other 367 01 367 - 01 PEARTREE LN ORANGE AVE END OF STREET Local 2 610 34 21,698 AC 22 4/25/2023 92 0 95 5 400 01 400 - 01 RODEO CT MYRA AVE END OF STREET Local 2 190 38 7,873 AC 28 4/26/2023 92 0 100 0 417 01 417 - 01 SANTA CLARA ST CERRITOS AVE END OF STREET Local 2 600 36 20,792 AC/AC 25 4/26/2023 92 19 81 0 468 01 468 - 01 TALAUD ST BATAAN ST END OF STREET Local 2 295 39 12,607 AC 47 4/28/2023 92 0 53 47 473 01 473 - 01 TEAKWOOD ST CHESTNUT ST MAPLE ST Local 2 985 32 31,407 AC 36 4/27/2023 92 0 100 0 506 01 506 - 01 VINALHAVEN CT WEST END EAST END Local 2 490 41 19,863 AC 42 5/1/2023 92 56 44 0 522 01 522 - 01 WARLAND DR VALLEY VIEW ST KATELLA AVE Local 2 3,202 40 127,842 AC 40 3/22/2023 92 0 55 45 523 02 523 - 02 WATSON ST LINCOLN AVE END OF STREET Local 2 790 40 25,629 AC/AC 09 4/11/2023 92 0 100 0 051 01 051 - 01 AVENIDA GRENADA DENNI ST VIA LINDA Local 2 460 32 15,302 AC 19 4/12/2023 93 0 100 0 058 01 058 - 01 BARCELONA LN BALL RD CUMBERLAND DR Local 2 480 36 18,292 AC 21 4/25/2023 93 76 24 0 082 01 082 - 01 BYLOT WAY TANGIER WAY AMHERST WAY Local 2 300 39 6,795 AC/AC 42 5/1/2023 93 70 30 0 096 01 096 - 01 CATHY AVE ROSE ANN CIR DENNI ST Local 2 2,160 32 69,057 AC/AC 26 4/26/2023 93 0 100 0 132 01 132 - 01 DANBURY ST ASHBURY AVE NEWMAN AVE Local 2 1,000 32 32,287 AC 14 4/12/2023 93 0 100 0 136 01 136 - 01 DEBORAH ST ROSEMARY DR RONALD DR Local 2 215 32 7,996 AC 23 4/27/2023 93 0 100 0 538 01 538 - 01 ENTERPRISE DR KATELLA AVE NORTH END Local 2 1,285 60 76,245 AC 32 5/15/2023 93 0 100 0 157 02 157 - 02 ESTHER ST PARK AVE END OF STREET Local 2 510 38 19,631 AC 14 4/11/2023 93 0 100 0 159 03 159 - 03 ETHEL ST PARK AVE END OF STREET Local 2 560 36 20,570 AC 14 4/11/2023 93 23 77 0 169 01 169 - 01 FERNE AVE MAPLE ST HOLDER AVE Local 2 171 46 3,821 AC 36 4/27/2023 93 0 100 0 189 01 189 - 01 GLENBROOK ST HANOVER DR OXFORD DR Local 2 645 36 24,952 AC 21 4/25/2023 93 72 28 0 196 02 196 - 02 GREGORY ST MARION AVE MYRA AVE Local 2 835 33 26,735 AC 26 4/24/2023 93 0 100 0 223 01 223 - 01 JANICE LYNN CIR CATHY AVE END OF STREET Local 2 395 38 14,901 AC/AC 26 4/26/2023 93 0 100 0 229 01 229 - 01 JILL ST JONATHAN AVE ELM AVE Local 2 810 33 26,701 AC 36 4/27/2023 93 0 100 0 233 01 233 - 01 JULIE BETH CIR CATHY AVE END OF STREET Local 2 395 38 15,280 AC/AC 26 4/26/2023 93 0 100 0 293 01 293 - 01 MAYBURY CIR FERNBURY ST END OF STREET Local 2 525 37 18,456 AC 14 4/12/2023 93 0 100 0 312 01 312 - 01 MONIQUE WAY MARTINIQUE WAY END OF STREET Local 2 775 35 28,419 AC/AC 02 4/13/2023 93 0 100 0 335 01 335 - 01 NEWCASTLE LN CUMBERLAND DR MELBOURNE DR Local 2 490 36 19,093 AC 21 4/25/2023 93 86 14 0 339 01 339 - 01 NORMANDY WY CHANTRY CT VICTORIA CT Local 2 1,100 36 38,088 AC/AC 20 4/24/2023 93 0 100 0 348 01 348 - 01 ORTANO LN AMALFI ST SANTORINI DR Local 2 260 36 7,069 AC 20 4/24/2023 93 0 100 0 349 01 349 - 01 OSSABAW CT GRAND MANAN DR END OF STREET Local 2 470 41 19,185 AC/AC 42 5/2/2023 93 0 100 0 353 01 353 - 01 PALAWAN ST BATAAN ST END OF STREET Local 2 290 39 10,952 AC 47 4/28/2023 93 0 100 0 374 01 374 - 01 PIAZZA CT AMALFI ST END OF STREET Local 2 230 32 9,651 AC 20 4/24/2023 93 0 100 0 401 02 401 - 02 ROME AVE WALKER ST ROME ST Local 2 537 32 18,730 AC 21 4/25/2023 93 0 100 0 403 01 403 - 01 RONALD CIR MARGARET ST END OF STREET Local 2 370 34 14,112 AC 23 4/25/2023 93 0 100 0 418 01 418 - 01 SANTA ELISE ST CERRITOS AVE END OF STREET Local 2 605 35 21,761 AC/AC 25 4/26/2023 93 0 100 0 419 01 419 - 01 SANTA MARIA ST TERESA AVE END OF STREET Local 2 440 36 15,819 AC/AC 25 4/26/2023 93 0 100 0 420 01 420 - 01 SANTA RITA ST TERESA AVE END OF STREET Local 2 445 39 15,939 AC/AC 25 4/26/2023 93 0 100 0 499 01 499 - 01 VIA LINDA VIA LARGO END OF STREET Local 2 675 34 23,082 AC 19 4/12/2023 93 22 78 0 532 01 532 - 01 WINDSOR CIR EVERGREEN AVE END OF STREET Local 2 420 38 16,247 AC 15 4/11/2023 93 0 100 0 022 01 022 - 01 ADORE CIR BELLE AVE END OF STREET Local 2 240 38 10,571 AC 28 5/2/2023 94 0 100 0 047 01 047 - 01 ATHENIA CIR BELLE AVE END OF STREET Local 2 295 39 12,272 AC 28 5/2/2023 94 13 87 0 124 01 124 - 01 CUTTYHUNK COURT SOUTHAMPTON DR END OF STREET Local 2 240 41 9,897 AC/AC 42 5/1/2023 94 0 100 0 139 01 139 - 01 DEVON CIR SOMERSET LN END OF STREET Local 2 420 37 15,569 AC/AC 13 4/12/2023 94 0 100 0 200 01 200 - 01 GRINDSTONE WAY GRAND MANAN DR END OF STREET Local 2 200 26 4,043 AC 42 5/1/2023 94 56 44 0 201 01 201 - 01 GROSSE WAY MISCOU WAY SOUTHHAMPTON DR Local 2 330 26 7,393 AC/AC 42 5/1/2023 94 0 100 0 226 01 226 - 01 JEANINE LN CATHY AVE END OF STREET Local 2 385 38 14,191 AC/AC 26 4/26/2023 94 0 100 0 248 01 248 - 01 LARWIN AVE BLOOMFIELD ST DENNI ST Local 2 2,745 34 91,348 AC 25 4/21/2023 94 0 23 77 272 01 272 - 01 LYNN CR WALNUT ST END OF STREET Local 2 535 37 18,744 AC 36 4/27/2023 94 0 100 0 280 01 280 - 01 MAPLE ST WALNUT ST MANZANITA ST Local 2 980 35 34,054 AC 36 4/27/2023 94 0 60 40 327 01 327 - 01 NECATINA WAY WEST END EAST END Local 2 255 29 5,271 AC/AC 42 5/2/2023 94 0 100 0 342 01 342 - 01 OAKMONT ST HANOVER DR HALIFAX DR Local 2 435 30 11,576 AC 21 4/25/2023 94 0 54 46 351 01 351 - 01 OXFORD DR GLENBROOK ST GRINDLAY ST Local 2 1,270 35 39,701 AC/AC 21 4/25/2023 94 0 45 55 355 01 355 - 01 PAMELA ST JONATHAN AVE ELM AVE Local 2 810 32 25,765 AC 36 4/27/2023 94 0 100 0 360 01 360 - 01 PASEO DE PLATA VIA MEDIA END OF STREET Local 2 720 34 24,576 AC/AC 19 4/12/2023 94 0 89 11 361 01 361 - 01 PATRICIA CIR JEANINE LN END OF STREET Local 2 400 38 14,704 AC/AC 26 4/26/2023 94 0 100 0 376 01 376 - 01 PINCKNEY WAY MERASHEEN WAY END OF STREET Local 2 260 26 5,222 AC/AC 42 5/1/2023 94 23 77 0 436 01 436 - 01 SILVRETTA DR AVENIDA GRANADA TUSCANI DR Local 2 675 36 20,096 AC 20 4/21/2023 94 0 100 0 469 01 469 - 01 TAMMY ST JONATHAN AVE ELM AVE Local 2 850 32 26,776 AC 36 4/27/2023 94 0 100 0 475 01 475 - 01 THOMAS CIR WALNUT ST END OF STREET Local 2 575 38 20,217 AC 36 4/27/2023 94 0 100 0 494 01 494 - 01 VESSELS CIR WALKER ST END OF STREET Local 2 624 32 20,737 AC 33 5/1/2023 94 0 100 0
City of Cypress, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
Street ID Section ID Street - Sec Name From To MPAH Rank Lanes Length Width True Area Surface Type Area ID Insp. Date PCI PCI% Load PCI % ClimatePCI % Other 033 01 033 - 01 AMHERST WAY MISCOU WAY END OF STREET Local 2 530 26 11,509 AC/AC 42 5/1/2023 95 2 98 0 052 01 052 - 01 AVENIDA MADRID VIA MEDIA END OF STREET Local 2 720 34 24,492 AC/AC 19 4/12/2023 95 0 100 0 080 01 080 - 01 BRUNSWICK DR GRINDLAY ST NEWCASTLE LN Local 2 1,130 32 36,408 AC 21 4/25/2023 95 0 100 0 108 01 108 - 01 CHRISTOPHER ST CERRITOS AVE CATHY AVE Local 2 495 37 18,823 AC/AC 26 4/26/2023 95 0 100 0 108 04 108 - 04 CHRISTOPHER ST PARK AVE END OF STREET Local 2 510 38 19,548 AC 14 4/11/2023 95 0 100 0 127 02 127 - 02 CYPRESS AVE SOUTH END NORTH END Local 2 475 46 19,868 AC/AC 10 4/11/2023 95 0 100 0 130 01 130 - 01 DANA CIR DARWIN WAY END OF STREET Local 2 270 50 16,911 AC/AC 42 3/22/2023 95 0 100 0 141 01 141 - 01 DINA CT LARWIN AVE ALLEY 15 Local 2 710 37 20,606 AC 25 4/21/2023 95 0 100 0 150 01 150 - 01 ELECTRIC ST LINCOLN AVE END OF STREET Local 2 500 38 17,427 AC/AC 09 4/11/2023 95 0 100 0 152 01 152 - 01 ELIZABETH CT LARWIN AVE END OF STREET Local 2 555 37 20,079 AC 25 4/21/2023 95 0 100 0 158 01 158 - 01 ETHEL CIR CATHY AVE END OF STREET Local 2 390 38 14,731 AC 26 4/26/2023 95 0 100 0 173 01 173 - 01 FLEETWOOD AVE CAMBRIDGE ST FLEETWOOD ST Local 2 210 36 9,123 AC/AC 13 4/12/2023 95 0 100 0 176 01 176 - 01 FOGO WAY MERASHEEN WAY GRINDSTONE DR Local 2 225 26 5,357 AC/AC 42 5/1/2023 95 39 61 0 193 02 193 - 02 GRAHAM ST NEWMAN ST NELSON ST Local 2 350 42 10,115 AC 16 4/13/2023 95 0 100 0 238 01 238 - 01 KENT WAY GRAND MANAN DR END OF STREET Local 2 505 31 10,153 AC/AC 42 5/2/2023 95 0 100 0 261 01 261 - 01 LIME AVE ALLEY 2 ALLEY 3 Local 2 465 32 15,236 AC 17 4/14/2023 95 0 100 0 279 01 279 - 01 MANZANITA CR MAPLE ST END OF STREET Local 2 280 32 9,763 AC 36 4/27/2023 95 0 100 0 308 01 308 - 01 MISCOU WAY NORTH END SOUTH END Local 2 655 27 14,438 AC/AC 42 5/1/2023 95 0 100 0 347 01 347 - 01 ORRS CT SOUTHAMPTON DR END OF STREET Local 2 240 41 9,818 AC/AC 42 5/1/2023 95 0 100 0 372 01 372 - 01 PHILO ST WALKER ST ELECTRIC ST Local 2 290 36 11,818 AC/AC 09 4/11/2023 95 0 100 0 434 01 434 - 01 SHIPPINGAM WAY GROSSE WAY END OF STREET Local 2 210 29 5,220 AC/AC 42 5/1/2023 95 0 100 0 477 01 477 - 01 TILGHMAN WAY TANGIER WAY AMHERST WAY Local 2 230 26 5,223 AC/AC 42 5/1/2023 95 0 100 0 498 01 498 - 01 VIA LARGO AVENIDA MATEO BALL RD Local 2 1,663 36 57,630 AC/AC 19 4/12/2023 95 0 55 45 502 01 502 - 01 VIA NORTE AVENIDA MONTEREY VIA ENTRADA Local 2 910 32 28,657 AC/AC 19 4/12/2023 95 0 100 0 540 01 540 - 01 WILLOW DR PEPPERTREE LN DENNI ST Local 2 270 32 8,835 AC 4/13/2023 95 0 100 0 536 01 536 - 01 YAP ST BATAAN ST ORANGEWOOD AVE Local 2 125 36 4,976 AC 47 4/28/2023 95 0 78 22 028 01 028 - 01 ALMOND ST FOREST ST CERRITOSAVE Local 2 145 34 4,403 AC 36 4/27/2023 96 0 100 0 089 01 089 - 01 CAPERS WAY GRAND MANAN DR MORGEN WAY Local 2 540 34 15,234 AC/AC 42 5/1/2023 96 0 100 0 119 01 119 - 01 COTTEL WAY BYLOT WAY MISCOU WAY Local 2 165 26 4,084 AC/AC 42 5/1/2023 96 0 100 0 147 01 147 - 01 DOVER CIR SOMERSET LN END OF STREET Local 2 420 37 15,674 AC/AC 13 4/12/2023 96 0 100 0 182 01 182 - 01 FRIPPS WAY JEKYLL WAY END OF STREET Local 2 210 26 5,926 AC/AC 42 5/1/2023 96 0 100 0 195 01 195 - 01 GREGORY CIR CATHY AVE END OF STREET Local 2 395 38 14,988 AC/AC 26 4/26/2023 96 0 100 0 206 01 206 - 01 HALIFAX DR OAKMONT ST GRINDLAY ST Local 2 630 31 21,006 AC 21 4/25/2023 96 0 100 0 210 01 210 - 01 HARKERS CT SOUTHAMPTON DR END OF STREET Local 2 240 41 9,895 AC/AC 42 5/1/2023 96 0 100 0 290 01 290 - 01 MARTINIQUE WAY CRESCENT AVE MONIQUE WAY Local 2 513 32 16,576 AC/AC 02 4/13/2023 96 0 100 0 296 01 296 - 01 MELBOURNE DR GRINDLAY ST NEWCASTLE LN Local 2 1,140 32 37,940 AC 21 4/25/2023 96 88 12 0 316 01 316 - 01 MORGEN WAY LEKYLL WAY CAPERS WAY Local 2 170 26 4,548 AC/AC 42 5/1/2023 96 32 68 0 319 02 319 - 02 MYRA AVE DENNI ST MOODY ST Local 2 2,645 37 94,159 AC 26 4/24/2023 96 0 100 0 450 02 450 - 02 ST GEORGE CIR ROME AVE END OF STREET Local 2 240 41 10,801 AC 21 4/25/2023 96 0 100 0 459 01 459 - 01 ST. PIERRE WAY GRAND MANAN DR MCNUTT WAY Local 2 290 26 6,252 AC/AC 42 5/1/2023 96 32 68 0 537 01 537 - 01 YORKSHIRE DR GRINDLAY ST HANOVER DR Local 2 720 33 23,545 AC 21 4/25/2023 96 30 70 0 228 01 228 - 01 JEKYLL WAY MORGEN WAY END OF STREET Local 2 326 25 7,058 AC/AC 42 5/1/2023 97 0 100 0 326 01 326 - 01 NAYSHON CT SOUTHAMPTON DR END OF STREET Local 2 240 41 9,766 AC/AC 42 5/1/2023 97 0 38 62 539 01 539 - 01 PEPPERTREE LN GAY ST WILLOW DR Local 2 470 31 13,257 AC 4/13/2023 97 0 100 0 422 01 422 - 01 SAPELO WAY AMHERST WAY GRAND MANAN DR Local 2 85 39 2,084 AC/AC 42 5/1/2023 97 0 100 0 429 01 429 - 01 SELKIRK CT FLEETWOOD ST END OF STREET Local 2 235 39 9,365 AC/AC 13 4/12/2023 97 0 100 0 070 01 070 - 01 BERWICK CT FLEETWOOD ST END OF STREET Local 2 235 29 9,247 AC/AC 13 4/12/2023 98 0 100 0 091 01 091 - 01 CARA WAY WARLAND DR KATELLA AVE Local 2 539 40 22,313 AC 40 3/22/2023 98 0 100 0 092 01 092 - 01 CARDIFF DR FLEETWOOD ST BLOOMFIELD ST Local 2 265 32 9,729 AC/AC 13 4/12/2023 98 0 100 0 097 02 097 - 02 CATHY CIR SAINT ALBAN ST END OF STREET Local 2 360 38 14,053 AC/AC 27 3/23/2023 98 0 44 56 386 01 386 - 01 PROGRESS WAY CORPORATE AVE CERRITOS AVE Local 2 1,125 40 44,338 AC/AC 34 4/26/2023 98 0 100 0 535 01 535 - 01 YAMAHA WAY KATELLA AVE INTERNATIONAL AVE Local 2 765 40 29,327 AC/AC 36 3/22/2023 98 0 100 0 079 01 079 - 01 BRIGHTON CIR FLEETWOOD ST END OF STREET Local 2 235 39 9,390 AC/AC 13 4/12/2023 99 0 100 0 116 01 116 - 01 CORPORATE AVE VALLEY VIEW ST PROGRESS AVE Local 2 2,300 35 93,491 AC/AC 34 4/27/2023 99 0 100 0 218 01 218 - 01 INTERNATIONAL AVE MERIDIAN DR YAMAHA WAY Local 2 575 40 25,927 AC/AC 36 3/22/2023 99 0 100 0 248 02 248 - 02 LARWIN AVE DENNI ST BALL RD Local 2 2,015 38 73,536 AC/AC 26 4/21/2023 99 0 100 0 289 01 289 - 01 MARKET PL PROGRESS WAY END OF STREET Local 2 250 49 12,022 AC/AC 34 4/27/2023 99 0 100 0 298 01 298 - 01 MERIDIAN DR KATELLA AVE INTERNATIONAL AVE Local 2 550 40 21,305 AC/AC 36 3/22/2023 99 0 100 0 465 01 465 - 01 SUSSEX CIR SOMERSET LN END OF STREET Local 2 420 37 15,610 AC/AC 13 4/12/2023 99 0 100 0
City of Cypress, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
Street ID Section ID Street - Sec Name From To MPAH Rank Lanes Length Width True Area Surface Type Area ID Insp. Date PCI PCI% Load PCI % ClimatePCI % Other 005 04 005 - 04 DENNI ST CRESCENT AVENUE WILLOW Local 2 1,469 30 42,477 AC/AC 02 4/13/2023 100 0 0 0 304 01 304 - 01 MILDRED CIR ST. ALBAN ST END OF STREET Local 2 390 42 14,116 AC/AC 27 3/23/2023 100 0 100 0 306 01 306 - 01 MILTON CIR BARRY DR END OF STREET Local 2 275 37 11,137 AC 23 4/26/2023 100 0 0 0 398 01 398 - 01 RITTER ST JONATHAN AVE CERRITOS AVE Local 2 1,155 37 41,171 AC/AC 36 4/27/2023 100 0 0 0 533 01 533 - 01 WINNERS CIR KATELLA AVE END OF STREET Local 2 526 32 19,176 AC 33 5/15/2023 100 0 0 0
78.6 #########
Alleys
617 02 617 - 02 ALLEYS ALLEY 1 LEMON AVE Alley 2 375 26 5,517 AC/AC 17 5/16/2023 62 86 13 1 602 02 602 - 02 ALLEYS CRESCENT AVE ALLEY 1 Alley 2 430 20 6,326 AC/AC 02 4/13/2023 76 78 22 0 617 01 617 - 01 ALLEYS VALLEY VIEW ST END OF STREET Alley 2 600 16 12,487 AC/AC 17 4/14/2023 77 81 15 4 617 03 617 - 03 ALLEYS LIME AVE LEMON AVE Alley 2 865 20 13,867 AC/AC 17 4/14/2023 82 85 15 0 626 13 626 - 13 ALLEYS LARWIN AVE END Alley 2 730 27 17,210 AC/AC 26 4/24/2023 85 38 62 0 635 01 635 - 01 ALLEYS HOLDER ST GATEWAY DR Alley 2 780 23 18,134 AC 35 4/27/2023 85 0 100 0 616 02 616 - 02 ALLEYS NEWMAN ST NELSON ST Alley 2 295 14 3,009 AC 16 5/16/2023 86 0 100 0 626 05 626 - 05 ALLEYS LARWIN AVE END Alley 2 215 26 4,340 AC/AC 26 4/24/2023 86 77 23 0 619 19 619 - 19 ALLEYS VIA ENCINAS END Alley 2 205 25 5,066 AC/AC 19 4/12/2023 88 0 100 0 625 05 625 - 05 ALLEYS LARWIN AVE ALLEY 2 Alley 2 190 34 5,146 AC/AC 25 4/21/2023 88 65 19 17 626 04 626 - 04 ALLEYS LARWIN AVE END Alley 2 195 26 4,089 AC/AC 26 4/24/2023 88 80 20 0 602 01 602 - 01 ALLEYS ALLEY 2 DENNI ST Alley 2 155 20 2,298 AC/AC 02 4/13/2023 90 52 48 0 619 37 619 - 37 ALLEYS ALLEY 38 PASEO DE ORO Alley 2 195 28 5,629 AC/AC 19 4/12/2023 90 77 23 0 626 07 626 - 07 ALLEYS LARWIN AVE END Alley 2 215 26 3,822 AC/AC 26 4/24/2023 90 76 24 0 619 25 619 - 25 ALLEYS VIA ENCINAS ALLEY 24 Alley 2 175 26 7,320 AC/AC 19 4/12/2023 91 5 33 63 626 09 626 - 09 ALLEYS LARWIN AVE END Alley 2 215 26 4,737 AC/AC 26 4/24/2023 91 52 48 0 616 01 616 - 01 ALLEYS WALKER ST BISHOP ST Alley 2 680 15 8,644 AC/AC 16 4/11/2023 92 0 100 0 615 03 615 - 03 ALLEYS WALKER ST WATSON ST Alley 2 590 15 7,363 AC/AC 15 4/13/2023 93 0 100 0 616 03 616 - 03 ALLEYS GRAHAM ST ALLEY 2 Alley 2 455 14 5,405 AC 16 4/13/2023 93 0 100 0 616 04 616 - 04 ALLEYS LIME CIR WALKER ST Alley 2 2,415 21 37,678 AC/AC 16 4/14/2023 93 0 26 74 619 14 619 - 14 ALLEYS PASEO DE ORO END Alley 2 100 26 2,577 AC/AC 19 4/12/2023 93 38 62 0 619 22 619 - 22 ALLEYS VIA ENCINAS ALLEY 23 Alley 2 195 26 4,653 AC/AC 19 4/12/2023 93 0 100 0 619 33 619 - 33 ALLEYS VIA SONOMA END Alley 2 195 26 4,595 AC/AC 19 4/12/2023 93 0 100 0 625 02 625 - 02 ALLEYS ALLEY 1 ALLEY 3 Alley 2 860 26 18,882 AC/AC 25 4/21/2023 93 65 30 4 625 17 625 - 17 ALLEYS ALLEY 16 ALLEY 18 Alley 2 425 26 8,321 AC/AC 25 4/21/2023 93 0 28 72 625 28 625 - 28 ALLEYS LARWIN AVE END Alley 2 190 32 5,753 AC/AC 25 4/21/2023 93 25 25 51 626 03 626 - 03 ALLEYS LARWIN AVE END Alley 2 210 26 4,373 AC/AC 26 4/24/2023 93 51 49 0 622 02 622 - 02 ALLEYS ALLEY 1 ORANGE AVE Alley 2 115 20 1,899 AC/AC 22 4/25/2023 94 0 100 0 625 11 625 - 11 ALLEYS ALLEY 12 END Alley 2 685 25 13,663 AC/AC 25 5/18/2023 94 0 100 0 626 10 626 - 10 ALLEYS LARWIN AVE END Alley 2 175 28 3,958 AC/AC 26 4/24/2023 94 54 46 0 615 01 615 - 01 ALLEYS NELSON ST CAMP ST Alley 2 275 15 2,856 AC 15 4/13/2023 95 0 100 0 615 02 615 - 02 ALLEYS ALLEY 1 WATSON ST Alley 2 450 15 5,179 AC 15 4/13/2023 95 0 100 0 619 15 619 - 15 ALLEYS PASEO DE ORO END Alley 2 190 25 4,237 AC/AC 19 4/12/2023 95 45 55 0 619 17 619 - 17 ALLEYS ALLEY 16 ALLEY 18 Alley 2 400 21 8,449 AC/AC 19 4/12/2023 95 0 62 38 619 35 619 - 35 ALLEYS ALLEY 34 ALLEY 36 Alley 2 170 27 4,497 AC/AC 19 4/12/2023 95 0 100 0 619 38 619 - 38 ALLEYS EAST END WEST END Alley 2 190 26 4,314 AC/AC 19 4/12/2023 95 54 46 0 619 39 619 - 39 ALLEYS VIA LARGO PASEO DE ORO Alley 2 520 23 12,836 AC/AC 19 4/12/2023 95 0 100 0 623 02 623 - 02 ALLEYS MT RIPLEY DR ALLEY 1 Alley 2 735 21 11,723 AC/AC 23 4/25/2023 95 25 75 0 625 04 625 - 04 ALLEYS LARWIN AVE ALLEY 2 Alley 2 180 24 4,967 AC/AC 25 4/21/2023 95 0 42 58 625 06 625 - 06 ALLEYS LARWIN AVE END Alley 2 300 31 6,574 AC/AC 25 4/21/2023 95 0 86 14 625 07 625 - 07 ALLEYS LARWIN AVE END Alley 2 145 26 3,867 AC/AC 25 4/21/2023 95 0 86 14 625 14 625 - 14 ALLEYS WEST END EAST END Alley 2 190 26 4,681 AC/AC 25 4/21/2023 95 0 65 35 625 19 625 - 19 ALLEYS ELIZABETH CT ALLEY 20 Alley 2 170 26 4,730 AC/AC 25 4/21/2023 95 0 44 56 625 21 625 - 21 ALLEYS ELIZABETH CT END Alley 2 175 32 5,474 AC/AC 25 4/21/2023 95 0 50 50 625 22 625 - 22 ALLEYS ALLEY 23 ELIZABETH CT Alley 2 285 26 7,580 AC/AC 25 4/21/2023 95 0 69 31 625 25 625 - 25 ALLEYS LARWIN AVE LARWIN AVE Alley 2 1,335 27 32,090 AC/AC 25 4/21/2023 95 0 72 28 625 26 625 - 26 ALLEYS ALLEY 27 ALLEY 25 Alley 2 105 26 3,066 AC/AC 25 4/21/2023 95 0 74 26 625 29 625 - 29 ALLEYS LARWIN AVE ALLEY 30 Alley 2 200 26 5,211 AC/AC 25 4/21/2023 95 0 44 56 625 32 625 - 32 ALLEYS LARWIN AVE END Alley 2 240 26 6,309 AC/AC 25 4/21/2023 95 0 68 32 626 01 626 - 01 ALLEYS LARWIN AVE END Alley 2 195 26 4,003 AC/AC 26 4/24/2023 95 0 100 0 619 05 619 - 05 ALLEYS ALLEY 4 END Alley 2 220 31 6,239 AC/AC 19 4/12/2023 96 0 81 19 619 12 619 - 12 ALLEYS ALLEY 11 END Alley 2 175 26 4,562 AC/AC 19 4/12/2023 96 0 100 0
City of Cypress, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
Street ID Section ID Street - Sec Name From To MPAH Rank Lanes Length Width True Area Surface Type Area ID Insp. Date PCI PCI% Load PCI % ClimatePCI % Other 619 16 619 - 16 ALLEYS ALLEY 17 ALLEY 15 Alley 2 205 26 4,677 AC/AC 19 4/12/2023 96 0 100 0 619 18 619 - 18 ALLEYS ALLEY 17 PASEO DE ORO Alley 2 340 25 9,001 AC/AC 19 4/12/2023 96 0 100 0 619 20 619 - 20 ALLEYS VIA ENCINAS ALLEY 21 Alley 2 155 26 4,373 AC/AC 19 4/12/2023 96 0 100 0 619 23 619 - 23 ALLEYS ALLEY 22 ALLEY 24 Alley 2 210 21 5,549 AC/AC 19 4/12/2023 96 0 100 0 619 27 619 - 27 ALLEYS ALLEY 26 ALLEY 28 Alley 2 210 22 4,276 AC/AC 19 4/12/2023 96 0 100 0 619 28 619 - 28 ALLEYS VIA ENCINAS ALLEY 27 Alley 2 100 24 2,278 AC/AC 19 4/12/2023 96 0 100 0 619 32 619 - 32 ALLEYS NORTH END SOUTH END Alley 2 175 25 3,627 AC/AC 19 4/12/2023 96 0 100 0 619 34 619 - 34 ALLEYS PASEO DE ORO END Alley 2 205 25 4,214 AC/AC 19 4/12/2023 96 0 100 0 622 01 622 - 01 ALLEYS SONWELL PL ALLEY 2 Alley 2 630 20 10,259 AC/AC 22 4/25/2023 96 0 100 0 625 01 625 - 01 ALLEYS LARWIN AVE ALLEY 2 Alley 2 190 26 4,672 AC/AC 25 4/21/2023 96 0 77 23 625 03 625 - 03 ALLEYS LARWIN AVE ALLEY 2 Alley 2 190 30 4,800 AC/AC 25 4/21/2023 96 0 65 35 625 08 625 - 08 ALLEYS DINA CT ALLEY 9 Alley 2 175 26 4,237 AC/AC 25 4/21/2023 96 0 80 20 625 09 625 - 09 ALLEYS DINA CT LARWIN AVE Alley 2 245 26 5,393 AC/AC 25 4/21/2023 96 0 87 13 625 10 625 - 10 ALLEYS ALLEY 11 DINA CT Alley 2 115 26 2,902 AC/AC 25 4/21/2023 96 0 58 42 625 12 625 - 12 ALLEYS ALLEY 11 DINA CT Alley 2 125 26 3,257 AC/AC 25 4/21/2023 96 0 71 29 625 13 625 - 13 ALLEYS DINA CT ALLEY 14 Alley 2 175 26 4,463 AC/AC 25 4/21/2023 96 0 67 33 625 15 625 - 15 ALLEYS DINA CT ALLEY 16 Alley 2 90 26 8,313 AC/AC 25 4/21/2023 96 0 82 18 625 16 625 - 16 ALLEYS ALLEY 17 END Alley 2 205 26 4,917 AC/AC 25 4/21/2023 96 0 75 25 625 20 625 - 20 ALLEYS WEST END EAST END Alley 2 185 26 4,437 AC/AC 25 4/21/2023 96 0 80 20 625 23 625 - 23 ALLEYS ALLEY 22 ALLEY 24 Alley 2 480 26 10,240 AC/AC 25 4/21/2023 96 0 89 11 625 24 625 - 24 ALLEYS ALLEY 23 LARWIN AVE Alley 2 240 26 5,947 AC/AC 25 4/21/2023 96 0 84 16 625 27 625 - 27 ALLEYS WEST END EAST END Alley 2 190 26 3,868 AC/AC 25 4/21/2023 96 0 100 0 625 30 625 - 30 ALLEYS WEST END EAST END Alley 2 185 26 4,076 AC/AC 25 4/21/2023 96 0 67 33 625 31 625 - 31 ALLEYS LARWIN AVE END Alley 2 190 32 5,949 AC/AC 25 4/21/2023 96 0 77 23 625 33 625 - 33 ALLEYS LARWIN AVE END Alley 2 190 32 6,315 AC/AC 25 4/21/2023 96 0 86 14 626 02 626 - 02 ALLEYS LARWIN AVE END Alley 2 395 25 8,759 AC/AC 26 4/24/2023 96 0 100 0 626 06 626 - 06 ALLEYS LARWIN AVE END Alley 2 195 26 4,071 AC/AC 26 4/24/2023 96 0 100 0 626 08 626 - 08 ALLEYS LARWIN AVE END Alley 2 205 26 4,149 AC/AC 26 4/24/2023 96 0 100 0 626 11 626 - 11 ALLEYS LARWIN AVE END Alley 2 195 26 4,143 AC/AC 26 4/24/2023 96 0 82 18 626 12 626 - 12 ALLEYS LARWIN AVE END Alley 2 450 26 9,582 AC/AC 26 4/24/2023 96 0 100 0 619 01 619 - 01 ALLEYS EAST END WEST END Alley 2 190 24 5,023 AC/AC 19 4/12/2023 97 0 100 0 619 02 619 - 02 ALLEYS ALLEY 1 ALLEY 3 Alley 2 395 16 10,062 AC/AC 19 4/12/2023 97 0 100 0 619 03 619 - 03 ALLEYS EAST END WEST END Alley 2 230 25 4,476 AC/AC 19 4/12/2023 97 0 100 0 619 04 619 - 04 ALLEYS AVENIDA SEVILLA END Alley 2 180 24 4,329 AC/AC 19 4/12/2023 97 0 100 0 619 06 619 - 06 ALLEYS AVENIDA SEVILLA END Alley 2 240 25 5,455 AC/AC 19 4/12/2023 97 0 57 43 619 07 619 - 07 ALLEYS ALLEY 6 ALLEY 8 Alley 2 295 26 8,038 AC/AC 19 4/12/2023 97 0 100 0 619 08 619 - 08 ALLEYS EAST END WEST END Alley 2 190 25 4,751 AC/AC 19 4/12/2023 97 0 100 0 619 10 619 - 10 ALLEYS NORTH END SOUTH END Alley 2 190 25 4,543 AC/AC 19 4/12/2023 97 0 78 22 619 11 619 - 11 ALLEYS VIA ENTRADA END Alley 2 195 25 4,136 AC/AC 19 4/12/2023 97 0 100 0 619 13 619 - 13 ALLEYS PASEO DE ORO END Alley 2 90 25 2,225 AC/AC 19 4/12/2023 97 0 100 0 619 21 619 - 21 ALLEYS NORTH END SOUTH END Alley 2 180 25 3,719 AC/AC 19 4/12/2023 97 0 100 0 619 24 619 - 24 ALLEYS ALLEY 23 ALLEY 25 Alley 2 285 22 4,227 AC/AC 19 4/12/2023 97 0 100 0 619 26 619 - 26 ALLEYS VIA ENCINAS ALLEY 27 Alley 2 240 25 5,657 AC/AC 19 4/12/2023 97 0 100 0 619 29 619 - 29 ALLEYS VIA SONOMA END Alley 2 85 26 1,980 AC/AC 19 4/12/2023 97 0 100 0 619 30 619 - 30 ALLEYS VIA SONOMA END Alley 2 85 26 1,866 AC/AC 19 4/12/2023 97 0 100 0 619 31 619 - 31 ALLEYS ALLEY 32 VIA SONOMA Alley 2 175 27 4,461 AC/AC 19 4/12/2023 97 0 100 0 619 36 619 - 36 ALLEYS NORTH END SOUTH END Alley 2 190 26 4,822 AC/AC 19 4/12/2023 97 0 100 0 619 40 619 - 40 ALLEYS ALLEY 41 VIA LARGO Alley 2 200 26 5,587 AC/AC 19 4/12/2023 97 0 100 0 619 41 619 - 41 ALLEYS NORTH END SOUTH END Alley 2 155 26 3,321 AC/AC 19 4/12/2023 97 0 100 0 623 01 623 - 01 ALLEYS ALLEY 2 ROSEMARY DR Alley 2 120 20 1,825 AC/AC 23 4/25/2023 97 0 100 0 625 18 625 - 18 ALLEYS ALLEY 17 ELIZABETH CT Alley 2 125 26 3,013 AC/AC 25 4/21/2023 97 0 71 29 619 09 619 - 09 ALLEYS VIA ENTRADA ALLEY 10 Alley 2 130 25 3,218 AC/AC 19 4/12/2023 98 0 100 0 610 01 610 - 01 ALLEYS DANNY AVE DANIEL T. MACKAY ELEM. SCHOOL Alley 2 755 21 12,008 AC 10 4/11/2023 99 0 100 0
6.0 671,691
City of Cypress, CA Page 14
2023 Citywide Pavement Management Plan – OCTA Submittal Final Report – May 12, 2023
XIII. APPENDIX C – GIS DIGITAL DATA
Introduction
The OCTA GIS Section maintains a spatial inventory of transportation infrastructure which mostly consists of major arterial streets, roads, and highways. A key component of road information is pavement condition. Maintaining an inventory of pavement condition will enhance OCTA’s GIS visualization and analysis capabilities and assist in understanding the transportation investment needs throughout the region. Therefore, a GIS dataset in digital format should be included in this report.
Structure of GIS Data
The GIS dataset must consist of linear geographic features that represent road/street segments. All segments that are part of the report should be included in the GIS dataset. The attribute information of each segment should generally follow the format of the Complete Listing of Current Street Conditions in Appendix B above.
The GIS data requirements are discussed below. Most commercial and open-source GIS software provide industry-standard tools to manage GIS data to meet these requirements.
GIS Digital Data Format
The GIS data must be submitted in either one of the following formats:
• Esri Shapefile, or
• Esri File Geodatabase
Metadata
The GIS data are required to have associated metadata. The minimum metadata items required are:
• Title of Dataset
• Tags (A set of words that can be used by GIS to search for the resource. For example: “pavement”, “transportation”, “roads”)
• Summary (A brief purpose statement of the dataset)
• Description (A brief narrative of the dataset’s content) • Credits (A recognition of those who created or contributed to the resource) Spatial Geometry Type
The spatial geometry of the segment features must be lines that represent the roadway centerline as accurately as possible.
Projection
The GIS data must have spatial reference information and have its coordinate system identified and City of Cypress, CA Page 15
2023 Citywide Pavement Management Plan – OCTA Submittal Final Report – May 12, 2023
embedded in or associated with the data file(s). All GIS data submitted to OCTA should be in the following projected coordinate system:
• NAD 1983 State Plane California VI FIPS 0406 (US Feet) - More information about this system can be found at: https://spatialreference.org/ref/epsg/nad83-california-zone-6-ftus/ GIS Feature Attributes
The required segment attributes are:
• Street name
• Unique segment identifier (Segment ID from original source if available) • Name of intersecting road at the beginning of a segment • Name of intersecting road at the end of the segment
• Current pavement condition index (PCI)
• Current PCI inspection date
• Length of road segment in feet
• Width of road segment in feet
• Paved area of road segment in square feet or square yards • Projected PCI at end of Seven-Year Road Maintenance and Rehabilitation Plan Additional attributes such as number of through travel lanes, direction of travel and pavement surface type may be provided.
XIV. APPENDIX D – QUALITY ASSURANCE / QUALITY CONTROL PLAN Introduction
When performing data collection in any field, the need for quality control is paramount as it is essential for accurate planning, analysis and design. This is particularly true for collecting pavement distress data for a pavement management program.
The Quality Assurance / Quality Control (QA/QC) Plan establishes minimum quality standards for performance and procedures for update of the pavement management program.
Objectives
This document constitutes a formal QA/QC Plan for the City of Cypress. It was prepared on March, 2023 and last revised in March, 2023.
Specifically, it is intended for the 2023 Pavement Management Plan Update. The focus is on the collection of network-level pavement distress data (defined by National Cooperative Highway Research Program (NCHRP) Synthesis 401 Quality Management of Pavement Data Collection, as “Network-level data collection involves collection of large quantities of pavement condition data, which is often converted to individual condition indices or aggregated into composite condition indices”.
This document also addresses the QA/QC plan requirements of the Orange County Transportation City of Cypress, CA Page 16
2023 Citywide Pavement Management Plan – OCTA Submittal Final Report – May 12, 2023
Authority (OCTA)’s “Countywide Pavement Management Plan Guidelines” (Section 2.4), adopted in May 2010.
Structure of QA/QC Plan
The following components are addressed in this QA/QC Plan:
• Condition survey procedures used;
• Accuracy required for data collection;
• Inspector qualifications and experience; and
• Safety.
Condition Survey Procedures
The governing document in performing condition surveys for the City of Cypressis ASTM D6433 “Standard Practice for Roads and Parking Lots Pavement Condition Index (PCI) Surveys.” Both asphalt concrete (AC) and Portland cement concrete (PCC) pavements are included in this protocol. The following distresses are collected for each pavement type:
As required by the Orange County Transportation Authority (OCTA), the City of Cypress must prepare and implement a quality assurance / quality control (QA/QC) plan regarding pavement management inspection as they pertain to StreetSaver. For the purposes of this report, Bucknam has demonstrated below how our project team implemented QA/QC procedures during the project.
City of Cypress, CA Page 17
2023 Citywide Pavement Management Plan – OCTA Submittal Final Report – May 12, 2023
Our QA/QC plan focuses on the how each pavement inspection is performed, what distresses are collected and ensures that it complies with the OCTA guidelines defined within the “Countywide Pavement Management Plan Guidelines (CPMPG)”.
As shown within the OCTA (CPMPG), our staff followed and delivered on the requirements stated within Chapter 2, page 2-5 which require specific QA/QC data (Items A through G). Additionally, Chapter 3 requires numerous data/deliverables from local agencies for OC Go eligibility. All general PCI budgetary report submittals will follow the Chapter 3 guidelines.
In conjunction with the outlined items within the CPMPG Section 2 we have summarized our QA/QC procedures below:
a. Descriptions of condition survey - Our staff follows the required Condition Survey Protocols (CPMPG, Chapter 2); our staff assesses each pavement section for the minimum distresses outlined within Chapter 2, page 2-1. Additionally, based on the pavement conditions found, we collect all StreetSaver/MicroPAVER Army Corps of Engineers(ACOE) distresses, if found within the sample sections; for example, if slippage cracking, potholes, etc. are found our survey technicians record the proper information.
b. How data was collected - Our surveys follow the OCTA accepted walking requirements. All sections that our staff surveys are performed through the walking method, approximately 10% of all sections surveyed were complemented with windshield surveys based on unique conditions found. Our staff physically measures the width of every section as well as measure for any square footage adjustment that need to be added or taken away from a sections “true area” (i.e. cul-desac, bus pads, street width variances, etc.). Samples taken always include a minimum of 2,500 SF coverage unless specific section limits prohibit this. Arterial section samples utilize a 3,500 SF sample size due to the larger section area (this is within the ASTM D6433 sample size calculation.
Field crews typically include one individual for residential pavement sections while Arterial (MPAH) routes utilize a two-person crew for safety, traffic control and increases quality control. c. Accuracy required for data collection - We use a statistical sampling approach for measuring the quality of our field technician’s work. In this manner, 10 percent of the original surveys are resurveyed by a different survey crew than the original, supervised by a field supervisor, and the results are compared to the original surveys. Our QC process involves checking the field crews’ work in a “blind study” fashion. Quality control checks are performed at the end of each survey week. This ensures that all field personnel are properly collecting section samples, distress types and distress severities for all street segments.
When QA/QC issues are found, our staff documents the issues within StreetSaver’s user interface. If distress types found are not within the 97% accuracy our QA/QC is expanded beyond our minimum 10% resurvey to 20% of the original survey d. Random and Systematic Re-Inspections – As described above our staff re-inspects, as a minimum, 10% of the original survey (OCTA only requires 5%). Per the agencies requests, our staff will submit PCI reports to the agency as project status reports for their review. Agencies will typically review specific pavement sections for PCI accuracy based on recent overlay or slurry seal maintenance; this serves as an initial accuracy check on our surveys (outside Bucknam QC efforts).
Additionally, our staff performs “ride-a-long” surveys with local agency staff to build consensus on how our StreetSaver/MicroPAVER ACOE surveys are performed, recorded and reported on.
City of Cypress, CA Page 18
2023 Citywide Pavement Management Plan – OCTA Submittal Final Report – May 12, 2023
Random re-inspections will include a representative selection across the following categories:
• Functional classed (i.e. MPAH, locals);
• Surface types (e.g. AC or PCC);
• Pavement conditions (e.g. good, fair, poor);
• Inspectors;
• Geographical areas, if applicable.
For systematic re-inspections, this could be due to noticed trends such as specific treatment types (e.g. open-graded mixed), a specific inspector or geographical area. In these cases Bucknam continues to utilize a 10% re-inspection policy.
e. PCI Comparison with Past Surveys - if previous inspection data is available, new PCI’s calculated through the most recent inspections will be compared to previous PCI’s. If the variance in PCI is greater than +/- 10 PCI points, these sections will be flagged for further investigation and/or reinspection (In the cases that a PCI increases or decreases by 10 points follows the established CPMPG guidelines; Appendix A, page A-18).
f. Schedule of data submittal – Pending on the City’s last major PMP submittal, Bucknam will assist the agency in submitting the following:
Master Plan of Arterial Highways (MPAH) routes will be surveyed and reported on at least once every two years
Local streets will be surveyed and reported on every six years Corresponding MPAH and local PCI reporting and budgetary reporting will be submitted every two years
g. Experience of Inspectors – Bucknam staff have been trained on the use of StreetSaver and the ACOE segment calibration and inspection practices. Mr. Peter Bucknam (Project Manager) and Mr. Shaun Russo (Lead Field Technician) have completed the PMP Certification of Professional Development courses. Bucknam field technicians are trained using the ACOE survey methodologies and have passed OCTA’s prequalification testing.
Bucknam Infrastructure Group inspectors have attended formal training on pavement condition distress surveys. This training was conducted prior to performing any work using the ASTM D6433 protocols, consistent with OCTA’s requirements.
h. Field data collection safety procedures – Bucknam field survey techniques utilize the following procedures:
City of Cypress, CA Page 19
2023 Citywide Pavement Management Plan – OCTA Submittal Final Report – May 12, 2023
a. All vehicles are properly marked or flagged with appropriate sign markings indicating that a “PAVEMENT SURVEY IS IN PROGRESS”
b. All vehicles have the proper flashing amber light beacons placed on the top of the vehicle to allow for proper visibility and line-of-site warning c. Large MPAH routes are surveyed using two field technicians to increase traffic control warning and safety
d. While parking or stopping along the survey route, vehicles legally park within the rightof-way or use a parking lot e. All field technicians wear ANSI – 105 Class II safety vests XV. APPENDIX E – PAVEMENT MANAGEMENT DATA FILES
The City of Cypress StreetSaver database is available online through MTC StreetSaver’s website; to log in and review PMP data OCTA will need to obtain permission from Cypress staff and MTC. This data and the associated reporting data includes:
• Street names and limits for the City’s public streets • Street identifiers (Branch ID, Section ID)
• Direction
• Begin and end of section
• Length, width and true areas
• Functional Classification (MPAH, Local)
• Number of travel lanes
• Pavement Condition Index (PCI) and date of inspection • Type of recommended treatment
• Cost of recommended treatment
City of Cypress, CA Page 20
2023 Citywide Pavement Management Plan – OCTA Submittal Final Report – May 12, 2023
XVI. APPENDIX F – GIS MAPS / CURRENT CONDITIONS
Local Signal Synchronization Plan
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONCERNING THE STATUS
AND UPDATE OF THE CIRCULATION ELEMENT, MITIGATION FEE PROGRAM, PAVEMENT
MANAGEMENT PLAN, AND LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS THAT:
WHEREAS, the City of Cypress desires to maintain and improve the streets within its jurisdiction, including those arterials contained in the Master Plan of Arterial Highways (MPAH); and WHEREAS, the City of Cypress had endorsed a definition of and process for, determining consistency of the City’s Traffic Circulation Plan with the MPAH; and WHEREAS, the City of Cypress has adopted a General Plan Circulation Element which does not preclude implementation of the MPAH within its jurisdiction; and WHEREAS, the City of Cypress is required to adopt a resolution biennially informing the Orange County Transportation Authority (OCTA) that the City’s Circulation Element is in conformance with the MPAH and whether any changes to any arterial highways of said Circulation Element have been adopted by the City during Fiscal Years (FY) 2021-22 and FY 2022-23; and WHEREAS, the City of Cypress is required to send biennially to the OCTA all recommended changes to the City’s Circulation Element and the MPAH for the purposes of re-qualifying for participation in the Comprehensive Transportation Funding Programs; and WHEREAS, the City of Cypress is required to adopt a resolution biennially certifying that the City has an existing Mitigation Fee Program that assesses traffic impacts of new development and requires new development to pay a fair share of necessary transportation improvements attributable to the new development; and
WHEREAS, the City of Cypress is required to meet eligibility requirements and submit eligibility verification packages to Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and
WHEREAS, the City of Cypress is required to adopt and update a Pavement Management Plan (PMP), using the required format, regarding the status of road pavement conditions and implementation of the PMP on a biennial basis; and
WHEREAS, the City of Cypress is required to provide a plan that manages the preservation, rehabilitation, and maintenance of paved roads by analyzing pavement life cycles, assessing overall system performance costs, and determining alternative strategies and costs necessary to improve paved roads; and
WHEREAS, the Orange County Transportation Authority has developed the Regional Traffic Signal Synchronization Master Plan to identify traffic signal synchronization street routes and traffic signals within and across jurisdictional boundaries, and defines the means of implementing the Regional Traffic Signal Synchronization Program; and
WHEREAS, the Regional Traffic Signal Synchronization Program requires that local jurisdictions adopt a Local Signal Synchronization Plan consistent with the Regional Traffic Signal Synchronization Master Plan as a key component of local jurisdictions’ efforts to synchronizing traffic signals across local jurisdictions’ boundaries; and
WHEREAS, the Local Signal Synchronization Plan must be updated by June 30, 2023 to continue to be eligible to receive Net Revenues as part of Measure M2.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITYCOUNCIL OF THE CITYOF CYPRESS, CALIFORNIA, does hereby inform the OCTAthat:
1. The arterial highway portion of the City of Cypress Circulation Element of the City of Cypress is in conformance with the MPAH.
2. The City of Cypress attests that no unilateral reduction in through lanes has been made on any MPAH arterials during FY 2021-22 and FY 2022-23.
3. The City of Cypress attests that it will bring forward requests to amend the MPAH, when necessary, in order to ensure that the MPAH and the General Plan Circulation Element remain consistent.
4. The City of Cypress reaffirms that Council concurs with the existing Mitigation Fee Program.
5. The PMP is in conformance with the PMP Submittal Template provided in the Countywide Pavement Management Plan Guidelines.
6. The City of Cypress hereby adopts a Pavement Management Plan and has provided an updated PMP report, using the required format, to Orange County Transportation Authority.
7. The Public Works Director, City Engineer, or designee, is authorized to sign the PMP certification form.
8. The City of Cypress adopts and maintains a Local Signal Synchronization Plan which includes goals that are consistent with those outlined as part of the Regional Signal Synchronization Master Plan, including signal synchronization across jurisdictions.
9. The Local Signal Synchronization Plan identifies traffic signal synchronization street routes, including all elements of the Regional Signal Synchronization Network located within the City of Cypress.
10. The Local Signal Synchronization Plan includes the traffic signal inventory for all traffic signal synchronization street routes.
11. The Local Signal Synchronization Plan includes a three-year plan showing capital, operations, and maintenance of signal synchronization along the traffic signal synchronization street routes and traffic signals.
12. The Local Signal Synchronization Plan includes an update on the status and performance of traffic signal synchronization activities.
13. The Local Signal Synchronization Plan includes a discussion on the review and revision, as may be necessary, on the timing of traffic signals on the traffic signal synchronization street routes.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 26th day of June, 2023.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITYOF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 26th day of June, 2023 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
CITY CLERK OF THE CITYOF CYPRESS
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 8.
FROM: Douglas Dancs, Director of Public Works
DATE: 06/26/2023
SUBJECT: Accept Sewer Relining, Project 317
RECOMMENDATION
1. Accept the Sewer Relining, Project 317, in the final amount of $116,934, and approve the final payment of $31,234 to Nu Line Technologies, LLC; and
2. Authorize the City Engineer to file a Notice of Completion with County Recorder.
DISCUSSION
In October 2022, City Council awarded a contract to Nu Line Technologies, LLC to reline various sewer pipes and manhole structures. This project rehabilitated 1,677 linear feet of sewer pipe and six manhole structures at various locations throughout Cypress.
Public Works will release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period.
BUDGET IMPACT
The original estimated cost of construction and inspection was $216,469, and final project costs total $125,388. Sufficient amounts are budgeted in the Sewer Fund for these capital improvements.
LEGAL REVIEW
None required.
APPROVED BY: Peter Grant, City Manager
Attachments
Cost Table
Item Description
Original
Amount
Actual
Expenditures Difference
Construction
Construction $ 163,129.00 $ 116,934.00 $ 46,195.00 Construction Contingency $ ‐ 24,500.00 $ $ 24,500.00 Sub‐total Construction 187,629.00 $ $ 116,934.00 $ 70,695.00 Construction Management & Inspection
Inspection $ 25,090.00 $ 8,454.00 $ 16,636.00 Inspection Contingency $ ‐ 3,750.00 $ $ 3,750.00 Sub‐total Construction 28,840.00 $ $ 8,454.00 $ 20,386.00 Total Project $ 216,469.00 $ 125,388.00 $ 91,081.00 Sewer System Improvements
Project 317
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 9.
FROM: Nick Mangkalakiri, City Engineer
DATE: 06/26/2023
SUBJECT: Accept the Police Department Seismic Retrofit, Emergency Operations Center, and Modernization, Project 126
RECOMMENDATION
1. Accept the Police Department Seismic Retrofit, Emergency Operations Center, and Modernization, Project 126, in the amount of $4,702,877.62 and approve the final payment of $235,143.92 to Interlog Construction; and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
DISCUSSION
In October 2020, the City Council awarded a construction contract to Interlog Construction for the Police Department Seismic Retrofit, Emergency Operations Center, and Modernization project. The project completely renovated the aging facility with full seismic and accessibility improvements, fire sprinklers, an updated emergency operations center, reconfigured office space layouts, new modern furniture/workspaces, fully remodeled restrooms and locker rooms, LED light fixtures, an outdoor patio, and flexible multi-use conference rooms. The work began in November 2021 and the facility was reopened for use in January 2022.
Project acceptance was delayed due to minor basement plumbing issues and faulty heating, ventilation, and air conditioning units, all of which were repaired under warranty.
Public Works will release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period.
BUDGET IMPACT
The original estimated cost of construction and inspection was $5,396,830, and final project costs total $5,389,844.98, as summarized in the attached table. The project was paid for using $2.65 million of restricted asset seizure monies and $2.75 million of General Fund monies set-aside for future infrastructure and facility improvements.
LEGAL REVIEW
None required.
APPROVED BY: Peter Grant, City Manager
Attachments
Cost Table
PROJECT COST TABLE
Item Description
Original
Amount
Actual
Expenditures Difference
Design Support
Design Support $ 74,900.00 $ 74,900.00 $ -
Design Support Contingency 15,000.00 8,097.39 6,902.61
Sub-total Design Support $ 89,900.00 $ 82,997.39 $ 6,902.61 Construction
Construction $ 3,204,000.00 $ 3,204,000.00 $ -
Construction Contingency 640,800.00 640,797.62 2.38
Amendment 1 - HVAC 381,309.00 381,309.00 -
Amendment 2 - Change Orders 476,771.00 476,771.00 -
Sub-total Construction $ 4,702,880.00 $ 4,702,877.62 $ 2.38 Construction Management & Inspection
Inspection $ 503,350.00 $ 503,350.00 $ -
Inspection Contingency 100,700.00 100,619.97 80.03
Sub-total Construction $ 604,050.00 $ 603,969.97 $ 80.03 Total Construction Costs $ 5,396,830.00 $ 5,389,844.98 $ 6,985.02 Note: Does not include in-house staff time
Project 126
Police Department Seismic Retrofit, Emergency Operations Center, and Modernization CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 10.
FROM: Douglas Dancs, Director of Public Works
DATE: 06/26/2023
SUBJECT: Approve Contracts for Landscape Maintenance Services
RECOMMENDATION
1. Approve a two-year contract to BrightView Landscape Services, Inc. for Park and Facilities Landscape Maintenance Services in the amount of $514,484 annually, with an option for up to three, one-year extensions; and
2. Award a two-year contract to Greenfield Landscape and Maintenance, Inc. for Right-of-Way Landscape Maintenance Services in the amount of $326,046 annually, with an option for up to three, one-year extensions; and
3. Approve a $25,930 appropriation increase in the City's General Fund for FY 2023-24 Contract Landscape Services.
DISCUSSION
The current two-year landscape contracts for park and facilities and right-of-way landscaping services expire June 30. These landscape contracts include mowing, turf maintenance, trimming shrubs and plants, irrigation system upkeep, and removal of landscape debris from walkways and parking lots. The contract also requires the cleaning of benches, bleachers, and picnic tables at parks and facilities.
Public Works advertised the contracts in May, and received three bids for street landscape maintenance and three bids for parks and facilities landscape maintenance. The lowest responsible bidders are BrightView Landscape Services, Inc. for park and facilities landscape maintenance and Greenfield Landscape and Maintenance, Inc. for right-of-way landscape maintenance.
Public Works determined that the bids were responsive. Both contractors have performed this type of work for multiple government agencies. A summary of the relevant project award information is attached. The rates and unit pricing included in the recommended agreements are fixed for the life of the contract and extended terms.
BUDGET IMPACT
The FY 2023-24 budget for landscaping maintenance services includes $325,116 for right-of-way and $489,528 for parks and facilities. The recommended contracts require appropriation increases totaling $25,930 to pay for these services. Sufficient amounts are available in the unassigned fund balance of the City’s General Fund and future budgets will incorporate the annual costs of the agreements.
LEGAL REVIEW
The City Attorney has approved this agreement as to form.
APPROVED BY: Peter Grant, City Manager
Attachments
Award Information - Right-of-Way
Award Information - Parks and Facilities
Agreement - Right-of-way Landscape Maintenance
Agreement - Park and Facilities Landscape Maintenance
Project Award Information Checklist
Description of Project:
The scope of work for this project includes, but is not limited to all the items for landscape maintenance services described in the contract documents for various right-of-ways throughout the City.
Contract Working Days:
Advertisement dates:
Notice Inviting Bids Sent to:
Bid Opening Date:
No. of Bid Packets Issued:
Initial term not to exceed two (2) years, with the City's sole discretion to extend the initial term for three (3) extended terms of one (1) additional year. No increases, including cost of living increases, shall be sought by the Contractor or allowed by the City during the term of the contract.
April 26 to May 19, 2023
CIPList.com, McGraw-Hill Construction, F.W. Dodge,
Association General Contractors of America, posted on City's website, City Hall, Community Center and Police Department bulletin boards.
May 19, 2023
11 Bidders Amount
1. Greenfield Landscape Maintenance, Hacienda Heights, CA
2. BrightView Landscape Services, Inc., Santa Ana, CA
3. Mariposa Landscapes, Inc., Irwindale, CA
$ 326,046.00
$ 362,180.94
$ 833,645.34
Apparent Low Bidder:
Qualified to Perform Work:
Greenfield Landscape, Hacienda Heights, CA
Yes. Staff confirmed bid was responsive.
Contractor’s License: Registration with DIR:
Valid at Time of Award: Yes Contractor: Yes
Valid at Time of Bid: Yes Sub-Contractor: N/A
Experience:
The apparent low bidder has performed this type of work for multiple public agencies in Southern California.
Construction Management/Inspection Firm: City Staff
Project Award Information Checklist
Description of Project:
The scope of work for this project includes, but is not limited to all the items for landscape maintenance services described in the contract documents for parks and facilities in the City.
Contract Working Days:
Advertisement dates:
Notice Inviting Bids Sent to:
Bid Opening Date:
No. of Bid Packets Issued:
Initial term not to exceed two (2) years, with the City's sole discretion to extend the initial term for three (3) extended terms of one (1) additional year. No increases, including cost of living increases, shall be sought by the Contractor or allowed by the City during the term of the contract.
April 26 to May 18, 2023
CIPList.com, McGraw-Hill Construction, F.W. Dodge,
Association General Contractors of America, posted on City's website, City Hall, Community Center and Police Department bulletin boards.
May 18, 2023
10 Bidders Amount
1. BrightView Landscape Services, Inc., Santa Ana, CA
2. Priority Landscape Services, LLC, Anaheim, CA
3. Mariposa Landscapes, Inc., Irwindale, CA
$ 514,483.82
$ 1,282,500.59
$ 1,515,154.14
Apparent Low Bidder:
Qualified to Perform Work:
BrightView Landscapes Services, Inc., Santa Ana, CA
Yes. Staff confirmed bid was responsive.
Contractor’s License: Registration with DIR:
Valid at Time of Award: Yes Contractor: Yes
Valid at Time of Bid: Yes Sub-Contractor: N/A
Experience:
The apparent low bidder has performed this type of work for multiple public agencies in Southern California.
Construction Management/Inspection Firm: City Staff
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF CYPRESS
and
GREENFIELD LANDSCAPING & MAINTENANCE, INC.
[1]
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF CYPRESS AND
GREENFIELD LANDSCAPING & MAINTENANCE, INC
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2023 by and between the City of Cypress, a California municipal corporation (“City”) and Greenfield Landscaping& Maintenance, Inc., a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for bids or Invitation for bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a bid or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Cypress’s Charter and Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest [2]
professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Contractor’s Proposal.
The Scope of Service shall include the Contractor’s Scope of Work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such bid and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate all sites and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
[3]
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total annual compensation, including reimbursement for actual expenses, shall not exceed Three Hundred Twenty-Six Thousand Forty-Six Dollars ($326,046.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
[4]
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written Notice to Proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following Principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the Director of Public Works or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except [7]
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its Principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part, the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance, which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
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(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement.
During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
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CANCELLATION:
SHOULD ANY OF THE ABOVE-DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Contractor Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ [10]
reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement, as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor [12]
shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event that Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District [13]
Court, venue shall lie exclusively in the Central District of California, in the County of Orange, State of California.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party [14]
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Contractor. In addition, the Contractor may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition, a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs [15]
the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. [16]
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Cypress, 5275 Orange Avenue, Cypress, California 90630 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. [17]
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.)
Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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01004.0001/301445.12 10/31/2016
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Cypress, a municipal corporation
_____________________________________
Anne Hertz-Mallari, Mayor
ATTEST:
____________________________________
Alisha Farnell, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________________
Fred Galante, City Attorney
CONTRACTOR:
Greenfield Landscaping & Maintenance, Inc.
_____________________________________
______________________________________
By:
___________________________________
Name:
Title:
By:
___________________________________
Name:
Title:
Address: ______________________________
______________________________
______________________________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
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EXHIBIT “A”
SCOPE OF SERVICES
All work embraced herein shall be accomplished in accordance with the applicable portions of the “The Brown Book – City of Cypress Supplement to the Standard Specifications for Public Works Construction,” Latest Edition, and applicable amendments. The City shall provide an electronic or paper copy of latest edition of the Brown Brook to Contractor.
ROUTINE MAINTENANCE
The Contractor shall assign the appropriate number of staff at the appropriate skill level and rank in their organization, to continuously improve the quality of Cypress rights-ofway and parkways. The Contractor understands and agrees by entering into the agreement with the City of Cypress the Public Works Director’s Representative shall be the sole source of interpreting the specifications and the quality of work specified herein in writing and by the Cypress Public Works Landscape & Grounds Quality Maintenance Standards herewith. Should the Contractor fail to provide the City with the level of service specified, the Director’s Representative shall have the authority to direct the Contractor to add additional staff, equipment or both to achieve the maintenance standards specified herein.
Each morning at the start of the workday the Contractor’s Supervisor or their designated representative shall inspect each site and respond immediately to any malfunctions, vandalism, hazardous conditions or otherwise abnormal conditions that are inconsistent with the quality standards specified herein or threaten people and/or property by reporting the condition immediately to the Director’s Representative. Failure to inspect each site daily before 9:00am will result in a $300 penalty per site.
A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period:
1) shovel-cut all tree rings; 2) raise all trees branches per specification; 3) mulch all areas; and, 4) eradicate all weeds in turf, planter beds, and hardscape areas.
The Contractor acknowledges each sites irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of each sites rotors/heads and lateral irrigation lines. Following the initial agreement start-up repairs, the Contractor shall assume responsibility for future repairs of all irrigation heads and lateral lines as part of the base agreement. The repairs of all other irrigation parts, from the remote control valves to the meter, shall be considered extra work to be performed after the signed approval by the Director’s Representative.
Routine maintenance shall include, but not be limited to, the following services performed at the Work Sites and per the City of Cypress Public Works written specifications and the Landscape and Grounds Quality Maintenance Standards.
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1.0 GENERAL PROVISIONS
1.1 The Contractor shall furnish all labor, equipment, materials, and supervision to perform maintenance as described herein including, but not limited to the following:
(a) Weeding, cultivating, and brush control both mechanically and with chemicals.
(b) Fertilizing.
(c) Shrub and groundcover trimming, and pruning.
(d) Irrigation programming, monitoring, maintenance, and repair. (e) General pesticide management including, but limited to, rodent, insect, and disease control.
(f) Mowing, verticutting, and aerifying.
(g) General litter control, refuse removal, removal of debris in parking lots, and grounds policing.
(h) Plant replacement.
(i) Hardscape cleaning including bleachers, benches, and drinking fountains.
(j) Picnic area cleaning including tables and barbeques. (k) Tot lot equipment cleaning, wiping down and detailing. (l) Reporting of vandalism, graffiti, or any safety concerns. (m) Contractor shall also be responsible for any damages due to personnel and/or equipment (i.e. should a mower damage a fence).
It shall NOT be the contractor’s responsibility to maintain or repair:
(a) Area lighting systems.
(b) Fencing.
(c) Gates.
(d) Any building located at the specified site.
(e) Graffiti.
(f) Vandalism.
(g) Signage.
(h) Damage resulting from vehicular accidents.
(i) Water, sewer, and electrical lines or systems, except to the extent required in the specifications.
(j) Hardscape repairs (curbs, gutters, sidewalks, etc.).
1.2 The Contractor shall perform all work between the hours of 7:00 a.m. and 4:30 p.m., Monday through Friday (excluding City observed holidays) for all areas. Work performed outside of this time-period shall only be done with prior approval of the Director of Public Works or Director’s authorized representative.
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2.0 CONTRACTOR PERSONNEL AND EQUIPMENT
2.1 Any employee who fails to work or act in an acceptable manner, as determined by the Director’s Representative, shall be removed from working on City contracts immediately.
2.2 All Contractor personnel shall wear collared uniform shirts pants and safety shoes and hats with the company name printed on the shirts and hats and they shall wear reflective safety vests while working within roadway rightsof-way. All uniforms shall be kept clean and professional looking and shall be replaced by the Contractor as wearing/fading occurs, or as requested by the Director’s Representative.
2.3 All Contractor trucks and other vehicles shall be of one color with the Contractor’s name or logo identified. All vehicles and equipment shall be in good condition and appearance. All vehicles shall contain a workable flashing yellow light (or lights) that shall be used while working on roadways, parking lots, bicycle areas, and pedestrian ways. All vehicles shall display a sign on the vehicle while working on City of Cypress areas indicating the Contractor is “Under Contract With The City of Cypress”. This sign shall be visible at all times. Irrigation vehicles shall also display a sign that indicates that “Sprinkler Checking in Progress” while this work is being performed.
2.4 Contractor shall comply with the provisions of the Immigration Reform and Control Act of 1986, Public Law 99-603.
2.5 Contractor shall establish a “Water Conservation and Irrigation Management Crew” dedicated to providing water conservation savings, water and irrigation management, irrigation improvement and maintenance services. The Contractor shall provide a minimum of one (1) full-time Certified Water Manager/Qualified Water Efficiency Landscaper and one (1) full-time irrigation personnel fully trained in all phases of landscape irrigation systems management, operation, electronic reporting, maintenance, adjustment and repair. Contractor has a period of ninety (90) calendar days from date of award to provide irrigators that have one of the following credentials: 1) Certified Water Manager/Qualified Water Efficiency Landscaper (QWEL); 2) a Certified Landscape Technician - Irrigation Certificate (CLT-I) from the California Landscape Contractor’s Association OR completion of a Community College level landscape irrigation certification course. Verification of completion with a passing grade shall be considered proof of compliance.
2.6 The Contractor shall be required to assign one (1) designated supervisor and an alternate working as project manager for the duration of the Contract. This individual shall have a minimum of five (5) years of experience in landscape maintenance supervision and be a California RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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Landscape Contractors Association (CLCA) Landscape Industry Certified Technician (CLT-1), or have a certificate of completion of an accredited community college landscape/irrigation program. This individual shall NOT be a working supervisor, but rather they shall lead and direct the crew(s). The Contractor or his staff shall have experience and expertise in turf management, entomology, pest control, soils, fertilizers, plant identification, park facilities, and irrigation system maintenance. The supervisor and alternate shall be capable of communicating effectively, both orally and in writing, in English. This individual will be the contact person for this project and must be available to respond to inquiries, walk-through, and inspections of the project as required.
2.7 The designated supervisor shall perform a weekly maintenance inspection of all areas within the scope. Such inspection shall be both visual and operational. It shall include a visual inspection of all areas within the scope of the Agreement specifications. Following the inspection, the supervisor shall prepare a written list of any deficiencies to the Director’s Representative.
2.8 Contractor’s Representative shall meet weekly with the Director’s Representative to review the Contractor’s schedules and performance, resolve problems, and perform field inspections, as required. At the request of the City Representative, the owner or other senior contractor representative(s) shall be available to attend these meetings.
2.9 All work shall be performed in accordance with the highest landscape maintenance standards, as stated in the enclosed maintenance specification description and Cypress Public Works Landscape and Grounds Quality Maintenance Standards. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the designated sites.
2.10 The Contractor will be required to complete landscape maintenance services as scheduled.
If the City and Contractor enter into a concurrent agreement for landscape services solicited under a separate bidding procedure, Contractor shall be required to designate dedicated maintenance crews and supervisory staff for each contractual obligation. Personnel assignment shall follow specifications set forth in the respective contract documents. It is the Contractor’s responsibility to schedule and dispatch crews adequately and in a manner that shall not interfere with either contractual obligations.
2.11 Contractor shall provide certified pesticide personnel fully trained in all phases of landscape pesticide laws, regulations, operation, electronic notice of intent (NOI)/reporting, equipment maintenance, adjustment and RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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repair. Contractor has a period of ninety (90) calendar days from date of award to provide state pest control licensed Qualified Applicator Certified/Licensed operators who will be applying pesticides, integrated pest management (IPM), or other approved biological products.
2.12 Payment Withheld/Deducted for:
(a) Work required in the specifications that is defective, incomplete, or not performed as outlined in the scope of work may be assessed a delinquency fee dependent upon the severity as detailed in this Agreement.
(b) Claims filed or reasonable evidence indicating probable filing of claims for damages caused by the Contractor to private or public property.
(c) Expenses incurred by the City to perform work required in the specifications that is defective, incomplete, or not performed. (d) Costs incurred by the City due to extra administration costs for additional inspections and subsequent correspondence or notifications.
2.13 All work shall meet with the approval of the City of Cypress Public Works Department Maintenance Division. There shall be a minimum of one (1) weekly meeting with the Contractor and the Maintenance Superintendent or his designee to determine progress and to establish areas needing attention.
2.14 Changes to the Agreement: The City reserves the right to make additions, deletions, revisions, or otherwise modify the contract maintenance specifications. Changes in areas to be maintained may be made as the City accepts new areas and/or relinquishes control of currently maintained areas. Any and all such changes shall only be made upon written notification in the form of a change order. Costs to add/delete landscape maintenance areas shall be limited to original rates or extra work prices.
The City reserves the right to delete any site from the contract upon 30 days written notice.
2.15 These specifications are intended to cover all labor, material, and standards of architectural, landscaping, and mechanical workmanship to be employed in the work called for or reasonably implied by terms of same. Work or arterials of a minor nature which may not be specifically mentioned, but which may reasonably be assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications.
2.16 All day to day correspondence shall be addressed to:
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By Mail: Maintenance Superintendent, City of Cypress, Public Works Department, P.O Box 609, Cypress, CA 90630
By Phone: (714) 229-6760
By Email: [email protected]
3.0 EXTRA WORK
3.1 Extra work shall be performed by the Contractor or by competitive bid option using Contractor’s extra work pricing or lesser at the discretion of the City.
3.2 Extra work outside the performance requirements such as, but not limited to, shrub and tree planting, turf removal, irrigation installation ,and repairs, hand watering including use of a water truck, and hardscape work may be required. This work shall be completed per the approved schedule.
3.3 Costs for extra work shall be based on “per unit” costs agreed to, or lesser, in this contract or labor rate unit cost plus the cost of materials if no line item exists.
3.4 Only those extra work items authorized via a proposal from the Contractor and signed by the Director’s Representative shall be paid.
3.5 Extra work shall not be performed by the Contractor’s regular maintenance personnel. Extra work Shall be performed by extra work staff and shall be performed during regular working hours unless authorized by the City’s Director’s Representative.
3.6 No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City before the work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs which were made without prior City approval. Documentation of contract compliance may be required on some occasions.
4.0 RECORDS / REPORTS
4.1 Annual use report is due by July 1 of each year with the total amount of chemicals, including fertilizers, used on City property per CDPR (California Department of Pesticide Regulation) and NPDES (National Pollutant Discharge Elimination System).
4.2 Monthly Pesticide and Fertilization Use Report is due by the tenth (10 th) of each month listing the Brand name of the pesticide/product, the EPA#, the RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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active ingredient and it’s percent, type product (liquid, granular, wettable powder, etc.), rate of application and quantity of product used.
4.3 Monthly Irrigation Electronic Inspection and Repair Sheet: To be filled out at the time of scheduled testing/repairing, and turned in daily or as directed by the Director’s Representative. The Irrigation Electronic Inspection and Repair Sheet shall be completed in its entirety, including but not limited to, programming of the irrigation controllers and specific repairs in agreement with the original irrigation construction documents, details and/or as-built drawings.
Green Waste Report: This report is due on the tenth (10) workday of each month. The information required is:
(a) The area the green waste was removed from.
(b) The weight of the green waste.
(c) The company that is doing the recycling.
(d) Amount of green waste reused in Cypress.
(e) Amount of green waste reused outside City of Cypress. (f) Name of company, address and date.
4.4 Failure to Comply - Contractor shall be charged liquidated damages for each workday delay in submitting a required report in accordance with Liquidated Damages section as specified in these Special Provisions.
4.5 The Contractor shall keep accurate records concerning all of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees.
4.6 Monthly Maintenance Report - The Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Director’s Representative. This report should also contain a description, including labor hours, equipment, and materials breakdowns, and costs to be used to accomplish any additional work which the Contractor deems to be beyond the scope of work of the agreement. Under ordinary conditions, payment for this work will not be authorized unless the additional work, and costs thereof, are first approved in writing by the City.
4.7 Monthly Mulch Use Report – The Contractor shall provide a monthly mulch use report submitted to the Director’s Representative by the tenth (10th) of each month. The report shall include the vendor from which the mulch was purchased, certification the mulch is in compliance with SB 1383 quality, the quantity in tons and cubic yards applied.
4.8 The manager for the landscape maintenance contract(s) will be the Maintenance Superintendent or his designee.
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4.9 Within 15 days of the effective date of the executed agreement, the Contractor shall, prepare and submit a written reports to the Maintenance Superintendent or his designee. The Contractor shall be required to submit the following reports/documents:
(a) Daily, Weekly, Monthly, Annual and Seasonal Maintenance & Irrigation inspection and repair Schedules. These Schedules shall be approved by the City, and include all landscape maintenance activities described in these specifications. Work shall be performed per specifications in all areas as shown on the maps herein. i. The Contractor shall provide notification to the City of any change in scheduled work at least twelve (12) hours prior to the scheduled time for work.
ii. The Contractor shall adjust his work schedule to compensate for all holidays and inclement weather.
(b) Weekly Performance Report including weekly maintenance inspection lists for all sites
(c) Possible Pesticide List with EPA numbers
(d) Weekly irrigation inspection check list (to include controller and wire inspection for all sites and a list of any required repairs) (e) Monthly electronic irrigation controller programming charts (f) Cost information to perform extra work: As needed or as requested by the City
(g) List of Emergency Contacts
4.10 The Contractor shall provide the City with names and telephone numbers of at least two qualified persons who can be called by the Director’s Representatives when emergency maintenance conditions occur during hours when the Contractor’s normal work force is not present within the City.
Failure of the Contractor to notify the City Representative of any change and/or failure to perform an item of work on a schedule day may result in deduction of payment for that occurrence.
5.0 ANNUAL SCHEDULES
5.1 Scheduled and Seasonal Duties must be performed by the Contractor at agreed upon schedules or liquidated damages will be imposed per section 8 of these Specifications. The Director’s Representative shall approve all schedules and revisions at least seven (7) days prior to implementation.
5.2 Contractor shall provide the City Representative with the appropriate work schedule at least seven (7) days prior to starting work.
5.3 Failure of the Contractor to notify the Director’s Representative of any change and/or failure to perform an item or work on a schedule day may result in deduction of payment for that occurrence.
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5.4 Contractor shall adjust their schedule as necessary for all holidays to ensure that all work and locations are completed in lesser days during the week in which a holiday falls.
6.0 PERFORMANCE ON SCHEDULE
6.1 Contractor will be provided the opportunity for adjusting work schedules to meet special circumstances.
6.2 Failure of the Contractor to notify the Director’s Representative of any change and/or failure to perform an item or work on a schedule day shall result in deduction of payment for that date or week.
7.0 WORKMANSHIP
7.1 All work shall conform to accepted City and Horticultural Industry standards.
8.0 LIQUIDATED DAMAGES
8.1 Schedule and Performance Failure
Five-hundred dollars ($500.00) shall be deducted from the Contractor’s monthly payment for each schedule and/or performance failure. These deductions may be assessed on a per occurrence, per location, per acre or per valve basis, per task basis, etc. at the discretion of the Director’s Representative and shall be deducted from amounts due on a monthly basis.
8.2 Staff Credential Failures
Five-hundred dollars ($500.00) shall be deducted from the Contractor’s monthly payment for each non-credentialed/ non-approved supervisor, irrigation technician and pesticide operator. A maintenance task not performed to an acceptable standard as determined by the specifications and the Director’s Representative may be assessed a deduction of fivehundred dollars ($500.00) on a per-occurrence, per location, per acre or per valve basis, at the discretion of the City Representative and shall be deducted from amounts due on a monthly basis.
8.3 Continued failure of the Contractor to provide acceptable services shall give the City the right to deliver the services by other means for said deficiencies and back charge the incumbent Contractor for the incurred costs including administrative costs associated with having the work completed by other means.
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8.4 Failure on the part of the Contractor to adhere to Section 9.0 “Regulatory Requirements” shall incur a five hundred dollar ($500.00) deduction per infraction.
8.5 Contractor shall be notified in writing each time Contractor’s performance is unsatisfactory and corrective action is necessary.
9.0 REGULATORY REQUIREMENTS
9.1 Contractor shall be responsible for providing a safe work place and for compliance with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupation and Safety Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), and any other applicable government laws.
9.2 Traffic Control: The contractor shall submit to the City electronic Traffic Safety Plans for approval for all required sites in conformance with the latest edition of the California Manual on Uniform Control Devices (CA MUTCD).
No work shall be performed without traffic control devices in place. The City standard is the State of California Department of Transportation (Caltrans) Traffic Manual, commonly referred to as the WATCH Manual. The Contractor will make every effort to keep commercial driveways open during working hours while adhering to the City approved traffic safety plans.
10.0 PERFORMANCE DURING INCLEMENT WEATHER AND SANTA ANA WINDS
10.1 Contractor shall adjust their work force by providing materials, labor and all items necessary in order to accomplish those activities that are not affected by weather during the periods when inclement weather hinders normal operations.
10.2 Contractor shall not remove his work force from the job site without prior authorization from the Director’s Representative. Contractor shall maintain an inclement weather crew by providing materials, labor and all items necessary on site at the Director’s Representative’s discretion for work outside of the normal working hours. Work performed outside the normal working hours shall be considered extra and shall be paid per the agreement unit costs.
10.3 Contractor shall stake, re-stake, tie, and/or re-tie trees as needed as directed by the Director’s Representative.
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10.4 Contractor shall remove branches and debris resulting from inclement weather and Santa Ana Winds immediately.
10.5 Contractor shall check and clean all areas and hardscape drains, catch basins and storm drains.
11.0 AREAS TO BE MAINTAINED
11.1 Contractor shall maintain the landscape areas and Right-of-Way identified in the Proposal Bid Sheet – Schedule of Work Items and as shown in Exhibit A “Maps – Locations of Work”.
11.2 Contractor hereby acknowledges that before submitting their bid for this Agreement, the Contractor has visited all existing areas to be maintained, verified the approximate size of each landscape area and Right-of-Way noted for each location the proposed work and condition of each landscape area.
12.0 IRRIGATION SYSTEM MAINTENANCE
12.1 Contractor is responsible for the landscape water conservation and irrigation system management/repairs for each site. Water Management includes monitoring and repair of all irrigation system components, minimizing irrigation water run-off to protect the City property, and reducing of risk from environmental actions. All costs for labor, materials, support, transportation, and all items necessary to complete repairs and replacements of laterals and heads/tubing shall be included in the in the various Scheduled Duty bid items on the Proposal Bid Sheet – Schedule of Work Items and the Contractor shall not receive any additional compensation thereafter for those portions of the irrigation system (laterals/heads/drip tubing) covered under the base agreement.
12.2 General – The City has a network of irrigation systems in operation. Its purpose is to ensure the survivability of existing and future landscapes.
Contractor shall coordinate with the City to protect and monitor the systems operations at all times so as to provide optimum growing conditions for turf and plantings and to minimize damage to the system.
12.3 Contractor shall submit an electronic irrigation inspection and repair form after each sites entire irrigation system has been inspected and repaired.
Should irrigation system deficiencies from the remote control valve to the water meter be discovered during inspection, the contractor shall also submit an Authorization for Extra Work proposal form (AEW) for the Director’s Representatives signed approval. The forms shall be filled out and turned in daily to the City Director’s Representative. The forms shall be filled out and turned in daily to the City Representative.
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12.4 Contractor shall assign a Certified Water Manager/Qualified Water Efficiency Landscaper (QWEL) with the City Director’s Representative on an ongoing basis to agree upon a watering schedule that will be programmed into the automatic clocks irrigation controllers by both the City Representative from the main computer at the City Corporation Yard and by the Contractor in the field for stand-alone controllers. The watering schedules shall provide optimum health and growing conditions.
12.5 Contractor shall implement a continuous plan of monitoring and adjustments to the irrigation system components to ensure effective water utilization and adequate irrigation coverage of landscape areas. Monitoring shall include a comprehensive inspection of irrigation spray heads, system piping, valves, and controller clocks to ensure their proper operation.
Adjustments to the system components shall include adjusting head or nozzle spray, throw direction and distance; flushing, manipulation, disassembly and assembly of irrigation zone valves to free up obstructions; and coordinate programming of controller clocks with the Director’s Representative. Contractor responsibilities related to monitoring and adjustments shall be performed at approximately equal intervals during the months the irrigation systems are in operation. The Contractor shall repair and adjust all sprinkler heads to maintain proper and uniform water application and adhere to all State, County, and local regulations accordingly.
12.6 Contractor shall respond within two (2) hours of a City request during normal work hours with the necessary personnel, equipment, and supplies to perform system component adjustments. No additional payment will be made to the Contractor to respond to calls or requests by the City for adjustments to the systems.
12.7 Contractor shall be available 24 hours per day, seven days per week to respond to all Right-of-Way irrigation emergency calls within one (1) hour of notification. Failure to respond in such time may result in a $500.00 penalty per incident. Repeat incidents may result in termination of the contract. Emergency calls shall be billed to the City as extra work.
12.8 In the event that emergency work is required, the Contractor shall notify the Director’s Representative by telephone in advance of any work performed.
The City will pay for Right-of-Way irrigation call-outs only if inspection reports are current.
12.9 The Contractor shall promptly notify the Director’s Representative in writing of irrigation deficiencies discovered during daily inspections of each site.
Contractor shall make repairs within 24 hours unless otherwise directed by the Director’s Representative. Upon approval of the Director’s Representative, the Contractor shall make repairs to the irrigation systems RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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lateral irrigation lines and heads/drip tubing at no additional cost to the City.
Repairs to the irrigation systems components from the remote control valve to the main line leading from the City water meter shall be considered extra work. The extra work repairs shall be approved in advance by the Director’s Representative. The AEW proposal shall include all labor, material, and cost of rental equipment (not owned by the contractor) to correct the defects and/or replacements, including, but not limited to the following items of work:
(a) Irrigation spray head nozzle replacement;
(b) Irrigation head replacement which includes excavation, piping and pipe fitting replacement, backfilling, seeding, and mulching; (c) Electrical valve replacement which includes excavation, removal and reinstallation of valve box, piping modifications if necessary, signal conductor splicing using approved waterproof connections, backfilling, seeding, and mulching;
(d) valve solenoid replacement;
(e) Electrical valve diaphragm replacement;
(f) Electrical valve spring replacement;
(g) Quick coupler replacement which includes excavation, removal and replacement of box and/or cover, backfilling, seeding, and mulching; (h) Replacement of piping or any component of the entire system outside five (5) feet of a pumping station;
(i) Mainline repairs up to 4” in diameter down to a depth of 36” which includes excavation, removal, repair, backfilling, seeding, and mulching. The City has mainlines ranging from 1” to 4” in diameter.
All mainlines repaired in the previous 6 months prior to this Contract Document being issued for bids were 2” diameter and under.
Drip/Subterranean Irrigation Systems Maintenance is as follows:
(a) Contractor shall walk the irrigation system area and visually inspect the landscape and boxed trees for:
•Plant vigor
•Excessively wet soil
•Dry soil
(b) Contractor shall flush all strainers every 60 days and all end caps (drip systems) every 30 days. After completion of the inspection, the Contractor shall make all necessary repairs to the system to function as designed.
(c) Contractor shall not make any modifications to the existing automatic irrigation system without express written approval from City Representative. Any approved changes shall be noted by the Contractor on a copy of the Irrigation Plan and As-Builts and RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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submitted to the City within five working days of the completion of the work.
(d) After review of the original irrigation construction documents/details and/or as-built drawings the contractor discovers the irrigation system had been modified not per plan, the contractor shall restore the irrigation system to its original design per plans/details and/or asbuilts.
12.10 Turf and planter Irrigation – Irrigate as necessary to maintain proper growth rate, optimum appearance, and the health of the turf plant. (a) Contractor must schedule irrigation with the Director’s Representative via the computerized central irrigation management system if the controller is on the central system, or, to schedule the field controllers (if not on the central control system, and notify the Director’s Representative via the Irrigation Inspection and Repair form.
(b) The Contractor shall immediately provide supplemental irrigation to any areas of the landscape showing signs of stress. The contractor shall provide supplemental irrigation by any means necessary with the approval or direction of the Director’s Representative. (c) Contractor shall physically check a sites entire irrigation system monthly and more often if necessary. Following inspection, the Contractor shall complete/submit the electronic irrigation inspection and Repair form immediately.
12.11 Contractor shall adjust all irrigation control valves as needed to ensure full coverage. The systems shall never mist.
12.12 Contractor shall raise all irrigation components to grade in turf areas as directed by the City Representative at no additional cost to the City. This includes all valve boxes, quick coupler boxes and sprinklers.
12.13 In the event of a drought condition, including mandatory water rationing, the City shall have the authority to modify the requirements described in these specifications.
13.0 ANNUAL IRRIGATION SYSTEMS MAINTENANCE
13.1 In the event of a drought condition, including mandatory water rationing, the City shall have the authority to modify the requirements described in these specifications.
13.2 Contractor shall test, adjust and have certified all anti-syphon backflow prevention devices within the contract limits.
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(a) Contractor shall pay all costs for test equipment parts and labor to have a Certified Backflow Prevention Device Tester complete the test for each backflow prevention device. Should a backflow prevention device fail its test, the Contractor shall submit an AEW proposal to repair the unit until it passes inspection. The cost of retesting/certification shall be by the Contractor. The Director’s Representative shall notify the Contractor in writing each year of the schedule to test each backflow prevention device.
A certified back flow tester shall inspect test and repair if necessary all backflows. Cost for testing and repairs shall be included in the various Scheduled Duty bid items as shown on the Proposal Bid Sheet – Schedule of Work Items and no further compensation shall be made thereafter.
The City has a total of 81 backflow devices as part of this contract as follows:
1” - 26 each
1 ¼” - 2 each
1 ½” - 11 each
2” - 37 each
3” - 4 each
4” - 1 each
13.3 Contractor shall adjust all irrigation control valves to meet the manufacturers’ specifications. The Contractor’s Representative shall test the last sprinkler on each control valve with a pressure gauge installed in line with the nozzle or with a Pitot tube and gauge.
13.4 Complete all annual irrigation system maintenance between November 1 and March 31 each year this contract is in force.
13.5 Contractor shall repair and replace all system components identified for repairs with an identical brand name component per the original irrigation plans/details and/or as-built drawings of that removed. If an equal brand name is recommended, Contractor shall obtain prior approval in writing by Director’s Representative.
14.0 TURF MAINTENANCE
14.1 Mowing – All turf is to be mowed once per week, or as needed to maintain the height specified:
Grass Type Height
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Warm season turf grass including
Bermuda, and Kikuya
¾ to 2 inches
Cool season turf grass including
Perennial Rye, Fescues
2 ½ to 4 inches
The Contractor’s once per week mow operation and per month price shall allow for up to 47 weekly mows each year. The per-month price shall remain consistent for all 12 months (one year period), including for months where 5 weekly mows will not occur. Contractor shall anticipate not to perform 5 mows per year due to a combination of annual turf renovations (1 – during annual turf renovation; 2 – after annual turf renovation, during seed germination) and wet weather events (2 – each). Annual turf renovations are paid as a Seasonal Duty, which includes a mow as part of the renovation process.
Turf maintenance shall be as follows:
(a) Frequency of mowing shall be scheduled so that no more than onethird (1/3) the height of the turf is removed. (b) Borders shall be edged at each mowing.
(c) All turf and hardscape areas shall be free of turf clippings, plant debris and trash at the end of the scheduled mow day. A combination of mulch and bag mowing is acceptable depending on the area being mowed as long the mulch mowing debris is equally distributed into the turf area and no debris is left on the top of the turf. Mowed turf and debris shall be vacuumed, picked up and disposed of off-site daily.
(d) Disposal of thatch and debris shall be legally disposed of by the Contractor at a private disposal site as approved by the City.
Debris shall not be brought to or disposed of at the City Corporation yard.
(e) Mechanically trim around sprinklers as needed to provide proper and unobstructed irrigation. The cutting of holes around sprinklers shall not be permitted.
(f) Chemically kill turf around trees, as needed, a maximum of six inches from the tree base or as directed by the City. If a tree wound is present then hand trimming is required. A two-inch layer of bark mulch shall be maintained in this area.
(g) Mechanically trim around all vaults, posts, and other similar features RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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on a weekly basis.
(h) Mowing equipment shall be approved by the City. Equipment must be sharp and properly adjusted to avoid damage to the turf plant. (i) Pick up all litter prior to mowing.
14.2 Annual turfgrass renovation is a Seasonal Duty that will be scheduled between the City Representative and the Contractor. The work shall be billed only upon completion per the Seasonal Duties Bid Document.
14.3 Annual turfgrass renovation shall be performed annually beginning in the first week of October, take no longer than 8-weeks to complete all locations and shall include the following and the sequence shall be as follows:
(a) Lightly water turfgrass for dust control
(b) Scalp turfgrass to 2 inches and remove debris using equipment that is capable of containing dust and particulates
(c) Dethatch using vertical blades spaced one (1) inch apart to a depth of ½ inch below soil line
(d) Rake/vacuum all debris and dispose off-site daily
(e) Aerify per contract requirements
(f) Bag mow turfgrass at 2 inches
(g) 7-1-2 California Organic Phytaboost fertilizer at one pound actual nitrogen per 1,000 square feet or fertilizer as approved by the City Representative
(h) Contractor shall use Stover Seed Whittet Kikuyugrass seed at a rate of 2lb/1,000SF
(i) Apply a uniform, machine spread ¼” layer of an approved organic topper over entire area
(j) Clean up debris from all hardscape and tree wells daily (k) Irrigation check
Note: Once all turf is 100% Whittet Kikuyugrass the Director’s Representative may decide not to perform fall turf renovation due to Kikuyugrass not going dormant.
Contractor shall provide equipment for the annual turfgrass renovation that is able to contain and prevent dust particles from becoming airborne. Contractor shall apply sufficient moisture to prevent dust particles from becoming airborne. Failure to prevent dust particles from becoming airborne may result in performance deductions being applied.
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14.4 All thatch, mowed turf and debris shall be vacuumed, picked up and disposed of off-site daily. Disposal of thatch and debris shall be legally disposed of by the Contractor at a private disposal site as approved by the City. Debris shall NOT be brought to or disposed of at the City Corporation yard.
14.5 All walkways, roadways, trails, landscaped areas or other areas dirtied by renovation operations shall be cleaned prior to the completion of this operation or the end of the day, whichever occurs first.
14.6 Two weeks prior to renovation, all turf dethatch sites shall be marked with 5 signs mounted on wooden stakes stating, “Grass under renovation.” Signs shall be maintained in place for a period not to exceed two weeks after the topper is placed.
14.7 The Contractor shall eliminate weeds in all turf areas through mechanical and/or chemical means. Chemicals shall be furnished by the Contractor and applied per California Department of Pesticide Regulations. The City Representative shall approve all chemical applications. There shall be no visible weeds in turf areas at any time. Failure of the Contractor to not maintain turf without visible weeds shall be cause for performance deductions to be applied to the monthly invoice in accordance with these contract requirement. Contractor awarded this contract shall have all turf areas weed free within 30 calendar days from the first day of work and shall maintain all turf areas weed free for the remainder of this contract. Cost for this work shall be included in the various Scheduled Duty bid items as shown on the Proposal Bid Sheet – Schedule of Work Items and no further compensation shall be made thereafter.
14.8 The Contractor shall perform up to 7 soil fertility analyses at individual sites as directed by the City in the month of December and review the analysis with the City Representative in the month of January. Fertilization and preemergent herbicide applications based on the soil fertility analyses are a seasonal duty that will be scheduled between the City Representative and Contractor. The work will be billed only upon completion per the Seasonal Duties Bid Document.
14.9 Turf Fertilization/Pre-emergent application – In addition to fertilization that is included as part of the annual turfgrass renovation process, all parkway and median turf shall be fertilized an additional two times per year using a granular slow release material. City must approve the material used. Apply at the following rates and time:
February 7-1-2 California Organic Phytaboost fertilizer at one pound actual nitrogen per 1,000 square feet.
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February / March Pre-emergent, Broadleaf weed control applied per manufacturer’s recommended application rates.
June 7-1-2 California Organic Phytaboost fertilizer at one pound actual nitrogen per 1,000 square feet.
September/October Pre-emergent, Broadleaf weed control applied per manufacturers recommended application rates.
Contractor shall include any costs incurred in purchasing and applying fertilizers, pre-emergents and broadleaf weed control into the various Seasonal Duty bid items as shown on the Proposal Bid Sheet – Schedule of Work Items and no further compensation shall be made thereafter.
Contractor shall apply material using a rotary type spreader, ensuring uniform overlap. All excess fertilizer deposited on sidewalks, parking lots, and other hardscape areas shall be properly cleaned and removed.
Contractor shall be responsible for watering-in all fertilizers after each application.
14.10 All materials must be approved by the City Representative. Quantities used must be submitted to the City Representative on a “Monthly Fertilizer Use Report.”
15.0 PLANTER MAINTENANCE (PLANTS, SHRUBS AND VINES)
The Contractor shall establish a “Plant, Shrub, and Vine Management Crew” dedicated to providing plant management, improvement and maintenance services. In addition, the Contractor shall provide extra staff to perform extra work. These extra staff shall not be part of other dedicated maintenance crews.
15.1 Contractor shall maintain all ground cover areas and ensure that they are in a trimmed, weed free condition.
15.2 Weed Control – Weeds shall be removed as they appear. A pre-emergent herbicide shall be used where appropriate in shrub and ground cover beds.
Grass infestations shall be treated immediately when observed.
15.3 Contractor shall eliminate weeds in all planter areas (including dirt and mulch only areas) through mechanical and/or chemical means. Chemicals shall be furnished by the Contractor and applied per California Department of Pesticide Regulations. The City Representative shall approve all chemical applications. There shall be no visible weeds in planter areas at any time. Failure of the Contractor to not maintain planters without visible weeds shall be cause for performance deductions to be applied RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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to the monthly invoice in accordance with these contract requirements. Contractor awarded this contract shall have all planter areas weed free within 30 calendar days from the first day of work and shall maintain all planter weed free for the remainder of the contract. Cost for this work shall be included in the various Scheduled Duty bid items as shown on the Proposal Bid Sheet – Schedule of Work Items and no further compensation shall be made thereafter.
15.4 Plant, shrub and vine maintenance shall include:
(a) Continuously prune all shrubs to maintain the size and shape specified by the Director’s Representative. Pruning shall be accomplished to maintain a “natural” appearance; decorative, poodle cuts or other unnatural pruning will not be permitted.
(b) All planter maintenance debris shall be vacuumed, picked up and disposed of off-site daily. Disposal of planter maintenance debris shall be legally disposed of by the Contractor at a private disposal site as approved by the City. Debris shall NOT be brought to or disposed of at the City Corporation yard. (c) Remove all dead, diseased, or damaged branches back to a side branch. Contractor shall not leave branch stubs.
(c) Contractor shall remove dead shrubs and backfill to existing grade with imported soil as necessary to maintain a consistent finished grade. Sinkholes will not be acceptable as it represents a liability to the City. Replacement of shrubs will be in accordance with the City Extra Work Unit Cost Sheet.
(d) Contractor shall pay careful attention not to prune or trim shrubs prior to blooming. Continuously, at the conclusion of blooming of plants, such as raphiolepsis, all blooms shall be trimmed off or otherwise removed. Flower stalks on agapanthus, day lilies, birds of paradise, morea, and other similar plants shall be removed immediately after blooming or as directed by City.
(e) Contractor shall trim plant material regularly adjacent to curbs, sidewalks, and roadways to provide for proper, unobstructed circulation and road visibility.
(f) Contractor shall restrict growth to areas behind curbs and sidewalks, to tops of walls and fences, and two (2) feet from all private residences. Also, restrict growth of ground covers away from shrubs, trees, and other structures. At the direction of the City RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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Representative, shrubs may have to be skirted to allow improved irrigation coverage.
(g) Contractor shall restrict growth, through pruning, to maintain safe road visibility and optimum irrigation coverage.
(j) Growth of woody plants shall be encouraged except where it interferes with circulation, maintenance activities, roadways, drainage facilities, fence lines, or other structures. Dead branches of plants shall be removed regularly.
15.5 Fertilization – Ground cover areas shall be fertilized twice per year, once in April and once in September, with the approved 7-1-2 California Organic Phytaboost fertilizer at a rate of 2 pounds actual nitrogen per 1,000 square feet.
(a) Contractor shall apply an application of an iron chelate fertilizer as needed throughout the year to maintain a healthy, vigorous growth and foliage.
15.6 Contractor shall trim and edge as necessary to restrict growth from encroaching on sidewalks, curbs, turf areas, roadways, or other adjacent areas and plants. Pruning methods and shape shall be determined by the Director’s Representative. Growth retardants may be used as approved by the City.
15.7 Contractor shall irrigate as required to maintain adequate growth and reasonable appearance. Manually water as necessary.
15.8 Contractor shall control pests, including but not limited to, gophers, insects, fungus, and rodents, as necessary to maintain a healthy environment for plant growth.
15.9 Bare ground cover areas shall be kept cultivated and raked of all debris.
15.10 All bare shrub bed areas shall be kept mulched, remove all litter and other debris weekly.
15.11 Contractor shall purchase and install 1,764 tons of mulch the first year of the Contract. This amount will increase to 2,713 tons on or after July 1, 2024, to meet California State Senate Bill 1383 Organic Recycling requirements and shall meet reporting requirements such as providing documentation logs that include dates mulch is placed, amounts placed and locations placed. Contractor shall remove existing mulch if there is not sufficient room to apply the required tonnage each year. Contractor shall maintain mulch at a depth of three (3) RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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inches in all shrub areas. Use of any mulch product shall be dependent upon submission of a sample for approval by the City Representative. The supplier must be able to demonstrate in writing that the suitability of the product is for use in public right-of-ways by certifying that the material does not contain sewage sludge, animal wastes or heavy metal contaminants.
The Contractor is responsible for all mulch for this contract, which includes labor for application. Contractor shall mulch all areas that do not have three (3) inches of mulch within 30 calendar days from the first day of work and shall maintain 3” of mulch in all planters for the remainder of the contract.
15.12 Contractor shall keep parking lots and parking areas clean and free of trash, debris and weeds each week. Keeping parking lots clean and free of trash, debris and weeds shall be included in the various bid items for each park that contains a parking lot or parking area.
15.13 Stanton Channel Berm: North side of Stanton Channel from Valley View St. to Knott Ave. This area shall be maintained to the same level of standard as “Irrigation System Maintenance”, “Annual Irrigation System Maintenance”, “Planter Maintenance (Planters, Shrubs and Vines)” and “General Maintenance”. The vehicular drive aisle shall be maintained free of vegetation and shall be maintained at minimum 12 feet wide.
16.0 TREE CARE
16.1 Contractor shall stake and support trees, in accordance with City of Cypress Standard Plans. The Contractor shall provide all tree stakes and approved hardware as needed for re-staking existing trees. The Contractor shall not receive any additional compensation if they are asked to re-stake an existing tree.
16.2 All mature City trees shall be kept raised by the Contractor to eight (8’) feet over sidewalks and landscaping and 13 feet 6 inches (13’ 6”) over vehicles areas and parking lots and as directed by the City Representative. All pruning shall comply with ISA (International Society of Arboriculture) Standards. Juvenile (less than 18’ tall) trees shall be allowed to retain lower branches (as specie appropriate) until the trunk has developed to a point that stakes are no longer necessary to support the crown of the tree.
16.3 Contractor shall remove dead trees up to 4” DBH, backfill and compact to existing grade.
16.4 Stakes and ties shall be placed so no chafing or girdling of bark occurs.
16.5 All guys, ties and stakes shall be checked regularly to avoid girdling and damage to trees, and shall be removed only with the approval of the City Representative.
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16.6 Contractor shall pick up tree debris and branches on the ground as needed.
Re-stake or remove leaning trees at the direction of the City Representative.
The Contractor shall provide all tree stakes and approved hardware as needed for re-staking existing trees. The Contractor shall not receive any additional compensation if they are asked to re-stake an existing tree.
16.7 Trees whose trunks are significantly damaged by Contractor’s personnel shall be replaced with one of equal size and species.
16.8 All tree care debris shall be vacuumed, picked up and disposed of offsite daily. Disposal of tree care debris shall be legally disposed of by the Contractor at a private disposal site as approved by the City.
Debris shall not be brought to or disposed of at the City Corporation yard.
17.0 GENERAL MAINTENANCE
The Contractor shall establish “General Right-of-Way Maintenance Crews” dedicated to providing grounds maintenance and improvement services. In addition, the Contractor shall provide extra staff to perform extra work services. These extra staff shall not be part of other dedicated maintenance crews.
17.1 The Contractor shall dedicate the appropriate number of employees, not the Supervisor, to provide general maintenance and inspection daily (Monday through Friday) prior to 11:00 a.m. and remove all litter and debris that is on the ground and place it into a lined trashcan that is located on the site. If refuse or litter is not removed during the site visit, said litter or debris will be considered an emergency and removed immediately upon notification by the Director’s Representative. Failure of said removal may result in deduction of payment. Contractor shall submit to the City for approval a form to document that each location was completed daily (include employee name, location, date, time, notes to indicate observations and maintenance performed). The form shall be used daily and submitted to the City on a weekly basis.
17.2 During each site visit, concrete areas including driveways, sidewalks, parking lots, tree wells and walk/bike paths shall be checked and cleaned including but not limited to removal of dirt, weeds, debris, paper, cans, bottles, leaves, animal feces, glass, or other items. All expansion joints and cracks are to be maintained free of weeds and dirt, litter, and other debris.
This work shall be documented on the form in Section 17.1 above.
17.3 Contractor shall notify the Director’s Representative should he/she observe any holes, separation of sidewalk panels, or other conditions which could affect pedestrian travel.
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17.4 Vacuums, blowers, sweepers, or other approved means may be used to clean hardscape areas. However, debris shall not under any circumstances be blown or otherwise swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Any equipment that is used for cleaning hardscape must be approved by the Director’s Representative.
17.5 To comply with NPDES (National Pollutant Discharge Elimination Systems) and WQMP (Water Quality Management Plan) watershed protection standards the contractor shall care when cleaning hardscape surfaces to prevent sheet-flow run-off of rinse water from running into storm drain structures. All rinse water generated during the execution of this contract shall be contained on-site and either collected or managed so it is deposited in landscaped areas and absorbed into the soil.
17.6 All hardscape and bike trail maintenance debris shall be vacuumed, picked up and disposed of off-site daily.
Contractor shall eliminate weeds in all planter areas (including dirt and mulch only areas), in tree wells, concrete median noses, in-between concrete median curbs and asphalt, in-between concrete curbs and concrete sidewalk, in sidewalk cracks and expansion joints; in-between concrete sidewalks and fence/walls through mechanical and/or chemical means at all locations listed in the appendix and for all arterial streets Citywide. Chemicals shall be furnished by the Contractor and applied per California Department of Pesticide Regulations. The Director’s Representative shall approve all chemical applications.
There shall be no visible weeds in planter areas (including dirt and mulch only areas), in tree wells, in concrete median noses, in between concrete median curbs and asphalt, in between concrete curbs and concrete sidewalk, in sidewalk cracks and expansion joints; in between concrete sidewalks and fence/walls at all locations listed in the appendix and for all arterial streets Citywide. Failure of the Contractor to not maintain planters without visible weeds shall be cause for performance deductions to be applied to the monthly invoice in accordance with these contract requirements. Contractor awarded this contract shall have all planter areas weed free within 30 calendar days from the first day of work and shall maintain all planters weed free for the remainder of the contract. Cost for this work shall be included in the various bid items as shown on the Proposal Bid Sheet – Schedule of Work Items and no further compensation shall be made thereafter.
17.7 Bike Trail Maintenance: South side of Stanton Channel from Valley View St. to Knott Ave. The asphalt shall be kept free of debris and weeds, and shall be air-blown weekly. Wall vines in this area are maintained by the adjacent private property owners and will not require trimming by this contract.
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17.8 Bike Trail Maintenance: East side of Coyote Creek Channel from Del Amo Blvd. to just southerly of East Wardlow Road. The asphalt/concrete bike trail shall be kept free of debris and weeds, shall be inspected weekly and shall be air-blown if debris are present. Fallen tree debris and weeds shall be removed if present on the bike trail or if present between the bike trail and easterly fence line. Shrubs shall not be allowed to encroach on to the bike trail and shall be trimmed back if needed.
17.9 Mutt Mitts – City will provide Contractor with Mutt Mitts (pet waste bags).
Contractor shall be keep Mutt Mitt Containers filled as needed. There in one (1) Mutt Mitt Containers as part of this contract as follows:
1) Stanton Channel at Holder
This work shall be documented on the form in Section 17.1 above.
17.10 All general ground, hardscape and bike trail maintenance debris shall be vacuumed, picked up and disposed of off-site daily. Disposal of general ground, hardscape and bike trail maintenance debris shall be legally disposed of by the Contractor at a private disposal site as approved by the City. Debris shall NOT be brought to or disposed of at the City Corporation yard.
18.0 RODENTS/PESTS
18.1 All turf areas, planters, trees, soil, fence lines and footpaths are to be kept free of insects, pathogens, plant diseases, gophers, ground squirrels or any other pest and disease. All soil deposits from rodents shall be removed from the roadway, turf area, planter or walkway immediately following rodent removal. Gopher and squirrel mounds shall be leveled out daily. This work shall be documented on the form in Section 17.1 above.
18.2 Contractor shall identify and treat to eradicate and or control plant and turf pests and diseases as necessary to provide a healthy and safe environment for plants and public.
19.0 PESTICIDES
19.1 The Contractor’s Pesticide Operator’s shall possess and maintain a Pest Control applicator’s license, State of California. Note: Contractor shall also obtain all local agency pest control licenses and restricted use permits as required. All pesticides use shall be in accordance with state and local laws.
Use of Roundup, KleenUp, Accord, Imitator, Eraser, Pronto, Rodeo, or other herbicides containing Glyphosate is not permitted.
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19.2 The City must maintain all documents that pertain to the use of pesticides on its property. At a minimum, the Contractor must provide the Landscape Director’s Representative with all of the following:
(a) A copy of the Contractor’s Orange County Agricultural Commissioners, “Restricted Materials Permit/Operator I.D. numbers.”
(b) A written “Pest Control Recommendation” for each site before Contractor uses any pesticide.
(c) A “Pesticide Use Daily Record” for any site that a pesticide was used, within 24 hours of application.
(d) If a restricted pesticide is going to be used, a copy of the “Notice of Intent to Use Restricted Materials,” 24 hours before application. (e) A list and Environmental Protection Agency numbers and Material Safety Data Sheets of all the pesticides Contractor intends to use for this contract, before any such use.
(f) The Contractor shall not use any pesticide that has not been authorized by the Landscape Supervisor.
(g) Monthly Pesticide & Fertilizer Use Report specifying brand name, active ingredient, and it’s percent; type of pesticide (liquid, granular, wettable powder, etc.); quantity applied; date of application; and EPA#.
20.0 DISPOSAL
21.1 Contractor shall dispose of 100 percent of all landscape debris at a certified organics recycling facility. Disposal of landscape debris at the City Corporation Yard located at 5285 Cypress Street, Cypress, CA 90630 is NOT permitted.
20.2 Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses each day. The City shall not be responsible for the disposal.
20.3 Contractor shall dispose of and pay all disposal fees. Contractor shall provide the City with documentation of recycling to include location, tonnage, etc. on a monthly basis to the City Representative.
21.0 WATER QUALITY
21.1 Water Pollution Control – Pursuant to Section XVI of Order No. R8-2009- 0030 NPDES No. CAS618030 Waste Discharge Requirements for the County of Orange, Orange County Flood Control District and The Incorporated Cities of Orange County within the Santa Ana Region Areawide Urban Storm Water Runoff Orange County and any other subsequent permits. Said contractor shall ensure that all employees obtain training relative to stormwater pollution prevention so to obtain the required RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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competencies including, but not limited to BMP training, and other competencies as required by the City’s Local Implementation Plan.
Verification of training shall be provided to the City upon request. Said contractor also consents to obtaining additional training to satisfy the requirements of the Order if it is determined as necessary by the City and costs associated with training shall be the responsibility of said contractor.
21.2 Best Management Practices and Monitoring Program – The Contractor shall comply with the Best Management Practices requirements as specified in Section 5, Municipal Activities, of the County of Orange Drainage Area Management Plan (DAMP) at all times during performance of said landscape contract.
21.3 The Contractor shall not allow and shall prevent any non-stormwater discharges into the storm drain system. At a minimum, the Contractor shall implement the best management practices as well as review those that may also be applicable to the Contractor’s work. The Contractor shall download the applicable BMP’s from www.ocwatersheds.com. This can be obtained here by clicking on:
http://ocwatersheds.com/documents/bmp/industrialcommercialbusinesses activities.
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EXHIBIT “A”
MAPS: LOCATIONS OF WORK
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ID Sub Type Name/Location Address/Location/Description Acreage PWY50 Parkway Turf BALL RD. E/VIA LARGO(AT NATURE PARK) 0.174 PWY54 Parkway Turf BALL RD. SORRENTO DR.-MOODY ST. 0.195 PWY78 Parkway Turf BLOOMFIELD ST. CHANNEL TO MYRA AVE. 0.006 PWY79 Parkway Turf BLOOMFIELD ST. MYRA AVE. TO MARION AVE. 0.045 PWY80 Parkway Turf BLOOMFIELD ST. MARION AVE.-BARCLAY DR. 0.006 PWY81 Parkway Turf CERRITOS AVE. BARBARA ANNE ST.-CHRISTOPHER ST 0.227 PWY82 Parkway Turf CERRITOS AVE. CHRISTOPHER ST.-MOODY ST. 0.104 PWY87 Parkway Turf CERRITOS AVE. MOODY ST. TO LONGDEN ST. 0.138 PWY88 Parkway Turf CERRITOS AVE. LONGDEN ST. TO ST. ALBAN ST. 0.327 PWY13 Parkway Turf DENNI ST. S/LINCOLN AVE- N/RNIER DR. 0.007 PWY14 Parkway Turf DENNI ST. S/RANIER-N/SHASTA PLANTER 0.011 PWY15 Parkway Turf DENNI ST. S/RANIER (AT SHASTA) 0.005 PWY16 Parkway Turf DENNI ST. S/RANIER ( AT EVEREST) 0.005 PWY17 Parkway Turf DENNI ST. N/BLANCA 0.011
PWY18 Parkway Turf DENNI ST. S/NEWMAN-N/WILLOW PARK 0.054 PWY51 Parkway Turf DENNI ST. S/ ORANGE AVE - N/FAIRFIELD WAY 0.060 PWY55 Parkway Turf DENNI ST. ORANGE AVE-SHERINGTON CT. 0.062 PWY56 Parkway Turf DENNI ST. MEDIAN AT SHERINGTON CT. 0.014 PWY57 Parkway Turf DENNI ST. SHERINGTON CT.-CHELSEA CT. 0.093 PWY58 Parkway Turf DENNI ST. MEDIAN AT CHELSEA CT. 0.014 PWY59 Parkway Turf DENNI ST. CHELSEA CT.-TRACT WALL 0.063 PWY60 Parkway Turf DENNI ST. TRACT WALL-AVENIDA GRANADA 0.168 PWY61 Parkway Turf DENNI ST. N/E CORNER AT AVENIDA GRANADA 0.018 PWY29 Parkway Turf GRINDLAY ST. (E) S/BISHOP ST.-N/VISTA DEL SOL 0.005 PWY30 Parkway Turf GRINDLAY ST. (E) VISTA DEL SOL-VISTA REAL 0.005 PWY31 Parkway Turf GRINDLAY ST. (E) VISTA DEL SOL-VISTA REAL 0.005 PWY32 Parkway Turf GRINDLAY ST. (E) VISTA REAL-VISTA DEL MAR 0.005 PWY33 Parkway Turf GRINDLAY ST. (E) VISTA REAL-VISTA DEL MAR 0.004 PWY34 Parkway Turf GRINDLAY ST. (E) VISTA DEL MAR-VISTA HERMOSA 0.004 PWY35 Parkway Turf GRINDLAY ST. (E) VISTA DEL MAR-VISTA HERMOSA 0.005 PWY36 Parkway Turf GRINDLAY ST. (E)
S/VISTA HERMOSA-CIVIC CENTER
PARKING LOT 0.004
PWY25 Parkway Turf GRINDLAY ST. (W) S/EVERGREEN AVE.-N/HICKORY CR. 0.006 PWY26 Parkway Turf GRINDLAY ST. (W) S/EVERGREEN AVE.-N/HICKORY CR. 0.005 PWY27 Parkway Turf GRINDLAY ST. (W) S/HICKORY CR.-N/EDGEMONT CR. 0.029 PWY28 Parkway Turf GRINDLAY ST. (W) S/EDGEMONT CR.-N/SOWMA WAY 0.011 PWY106 Parkway Turf HOLDER ST. CHANNEL TO SAN ANDREAS AVE. 0.138 PWY107 Parkway Turf HOLDER ST.
SAN ANDREAS AVE. TO ORANGEWOOD
AVE. 0.108
PWY116 Parkway Turf HOLDER ST. BIAK ST. TO ULITHI ST. (PLANTER) 0.034 PWY117 Parkway Turf HOLDER ST. ULITHI ST. (PLANTER) TO JALUIT ST. 0.034 PWY118 Parkway Turf HOLDER ST. JALUIT ST. TO CITY LIMITS 0.055 PWY105 Parkway Turf KATELLA AVE. S/W CORNER AT VALLEY VIEW ST. 0.092 PWY5 Parkway Turf MOODY ST. ALASKA AVE.-MOODY ST. 0.006 PWY21 Parkway Turf MOODY ST. S/CAMP ST.-N/PARK AVE. 0.025 PWY22 Parkway Turf MOODY ST. S/NEWMAN-N/LEMON AVE. 0.048 PWY40 Parkway Turf MOODY ST.
S/EVERGREEN AVE.-N/EVERGREEN
PARK 0.038
PWY41 Parkway Turf MOODY ST. S/EVERGREEN PARK-N/SEQUOIA AVE. 0.006 PWY42 Parkway Turf MOODY ST. S/SEQUOIA AVE.-N/ORANGE AVE. 0.024 RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Maps: Locations of Work
A-30
PWY62 Parkway Turf MOODY ST. ORANGE AVE.-SORRENTO DR. 0.096 PWY63 Parkway Turf MOODY ST. SORRENTO DR.-BALL RD. 0.242 PWY83 Parkway Turf MOODY ST. S/BALL RD.-N/BELLE AVE. 0.008 PWY84 Parkway Turf MOODY ST. S/BELLE AVE.-N/CHANNEL 0.006 PWY85 Parkway Turf MOODY ST. S/MYRA AVE.-N/MARION AVE 0.013 PWY86 Parkway Turf MOODY ST. S/MARION AVE.-S/CERRITOS AVE 0.038 PWY89 Parkway Turf MOODY ST. S/BALL RD.-N/BELLE AVE. 0.008 PWY90 Parkway Turf MOODY ST. S/BELLE AVE.-N/CHANNEL 0.008 PWY91 Parkway Turf MOODY ST. S/CHANNEL-N/MYRA AVE. 0.007 PWY92 Parkway Turf MOODY ST. S/MYRA AVE.-N/MARION AVE 0.055 PWY93 Parkway Turf MOODY ST. S/MARION AVE.-N/CITATION AVE. 0.014 PWY94 Parkway Turf MOODY ST. S/CITATION AVE.-N/SARATOGA AVE. 0.009 PWY95 Parkway Turf MOODY ST. S/SARATOGA AVE.-N/CERRITOS 0.011 PWY10 Parkway Turf ORANGE AVE. E/BLOOMFIELD ST.-W/CAMBRIDGE ST. 0.034 PWY11 Parkway Turf ORANGE AVE. E/CAMBRIDGE ST.- W/SOMERSET LANE 0.016 PWY12 Parkway Turf ORANGE AVE. E/SOMERSET LANE-W/LEXINGTON 0.057 PWY23 Parkway Turf ORANGE AVE. E/WILLOW PARK-W/ALDERBURY ST. 0.039 PWY24 Parkway Turf ORANGE AVE. E/ALDERBURY ST.-W/CHANNEL 0.006 PWY52 Parkway Turf ORANGE AVE. E/VIA ENTRADA -W/DENNI ST. 0.165 PWY64 Parkway Turf ORANGE AVE. DENNI ST.-(A2 CHANNEL) 0.284 PWY65 Parkway Turf ORANGE AVE. A2 CHANNEL-MOODY ST. 0.139 PWY108 Parkway Turf ORANGEWOOD AVE VALLEY VIEW ST. TO TOBAGO 0.062 PWY109 Parkway Turf ORANGEWOOD AVE TOBAGO ST. TO MARCA ST. 0.092 PWY110 Parkway Turf ORANGEWOOD AVE ANDROS ST. TO HOLDER ST. 0.138 PWY119 Parkway Turf ORANGEWOOD AVE PANAY ST. TO NEW ZEALAND ST. 0.006 PWY120 Parkway Turf ORANGEWOOD AVE NEW ZEALAND ST. TO HALAWA LN. 0.037 PWY77 Parkway Turf ROME AVE E/ROME ST.-W/WALKER ST. 0.046 PWY67 Parkway Turf SORRENTO DR (E) BALL RD. -AMBRUZZI DR. 0.057 PWY68 Parkway Turf SORRENTO DR (E) AMBRUZZI DR.-LINARO DR. 0.085 PWY69 Parkway Turf SORRENTO DR (E) LINARO DR.-TRENTINO DR. 0.103 PWY70 Parkway Turf SORRENTO DR (E) TRENTINO DR.-MOODY ST. 0.064 PWY71 Parkway Turf SORRENTO DR (W) AVENIDA GRANADA-TUSCANI DR. 0.065 PWY72 Parkway Turf SORRENTO DR (W) TUSCANI DR.-LINARO DR. 0.039 PWY73 Parkway Turf SORRENTO DR (W) LINARO DR.-TRENTINO DR. 0.103 PWY74 Parkway Turf SORRENTO DR (W) TRENTINO DR.-MOODY ST. 0.071 PWY66 Parkway Turf SORRENTO DR. N/BALL RD. 0.041
PWY75 Parkway Turf SORRENTO DR. W/MOODY ST. 0.055
PWY53 Parkway Turf VIA LARGO N/BALL RD.(AT NATURE PARK) 0.067 PWY96 Parkway Turf WALKER ST. CHANNNEL-MYRA AVE. 0.007
PWY97 Parkway Turf WALKER ST. MYRA AVE.-MARION AVE. 0.048 PWY98 Parkway Turf WALKER ST. MARION AVE-CERRITOS AVE. 0.046 PWY99 Parkway Turf WALKER ST. CHANNEL-MYRA AVE. 0.006
PWY100 Parkway Turf WALKER ST. MYRA AVE.-MARCELLA AVE. 0.013 PWY101 Parkway Turf WALKER ST. MARCELLA AVE.-MARION AVE. 0.034 PWY102 Parkway Turf WALKER ST. MARION AVE-CERRITOS AVE. 0.057 Sub Total 5.100
ACPL10 ROW Planter: Alcove DENNI ST. ORANGE AVE-SHERINGTON CT. 0.0019 ACPL11 ROW Planter: Alcove DENNI ST. SHERINGTON CT.-CHELSEA CT. 0.0029 ACPL12 ROW Planter: Alcove DENNI ST. CHELSEA CT.-TRACT WALL 0.0019 ACPL2 ROW Planter: Alcove ETHEL ST. 9143 ETHEL ST (SIDE) 0.0004 RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Maps: Locations of Work
A-31
ACPL3 ROW Planter: Alcove ETHEL ST. 9144 ETHEL ST (SIDE) 0.0004 ACPL1 ROW Planter: Alcove GEM AVE. CAROB ST.-MULBERRY ST. 0.0005 ACPL19 ROW Planter: Alcove HOLDER ST. CHANNEL TO SAN ANDREAS AVE 0.0041 ACPL20 ROW Planter: Alcove HOLDER ST.
SAN ANDREAS AVE TO ORANGEWOOD
AVE 0.0037
ACPL21 ROW Planter: Alcove HOLDER ST. N/W CORNER AT ORANGEWOOD AVE 0.0005 ACPL29 ROW Planter: Alcove HOLDER ST. ORANGEWOOD TO SAIPAN 0.0025 ACPL37 ROW Planter: Alcove HOLDER ST. BIAK ST. TO ULITHI ST. (PLANTER) 0.0003 ACPL38 ROW Planter: Alcove HOLDER ST. ULITHI ST. (PLANTER) TO JALUIT ST. 0.0003 ACPL39 ROW Planter: Alcove HOLDER ST. JALUIT ST TO REEFTON AVE. 0.0003 ACPL4 ROW Planter: Alcove JULIE BETH ST. 9141 JULIE BETH ST. (SIDE) 0.0004 ACPL5 ROW Planter: Alcove JULIE BETH ST. 9142 JULIE BETH ST. (SIDE) 0.0004 ACPL6 ROW Planter: Alcove MOODY ST. S/CAMP ST.-N/PARK AVE. 0.0017 ACPL7 ROW Planter: Alcove MOODY ST. S/EVERGREEN PARK-N/SEQUOIA AVE. 0.0008 ACPL8 ROW Planter: Alcove MOODY ST. S/SEQUOIA AVE.-N/ORANGE AVE. 0.0021 ACPL9 ROW Planter: Alcove ORANGE AVE. E/VIA ENTRADA -750' W/DENNI ST. 0.0055 ACPL13 ROW Planter: Alcove ORANGE AVE.
DENNI ST.-SORRENTO TRACT(A2
CHANNEL) 0.0039
ACPL22 ROW Planter: Alcove ORANGEWOOD AVE VALLEY VIEW ST. TO TOBAGO 0.0032 ACPL23 ROW Planter: Alcove ORANGEWOOD AVE TOBAGO ST. TO MARCA ST. 0.0037 ACPL24 ROW Planter: Alcove ORANGEWOOD AVE ANDROS ST. TO HOLDER ST. 0.0060 ACPL26 ROW Planter: Alcove ORANGEWOOD AVE CITY LIMITS TO TRUK 0.0017 ACPL27 ROW Planter: Alcove ORANGEWOOD AVE TRUK TO SAMOA 0.0017 ACPL28 ROW Planter: Alcove ORANGEWOOD AVE SAMOA TO VALLEY VIEW 0.0012 ACPL30 ROW Planter: Alcove ORANGEWOOD AVE VALLEY VIEW TO LUZON 0.0004 ACPL31 ROW Planter: Alcove ORANGEWOOD AVE LUZON TO MAPLE GROVE N. 0.0054 ACPL32 ROW Planter: Alcove ORANGEWOOD AVE MAPLE GROVE N. TO YAP ST. 0.0054 ACPL33 ROW Planter: Alcove ORANGEWOOD AVE YAP ST. TO HOLDER ST. 0.0029 ACPL18 ROW Planter: Alcove TEAKWOOD ST. 6703 TEAKWOOD ST. (SIDE) 0.0009 ACPL25 ROW Planter: Alcove VALLEY VIEW ST. S/CHANNEL-N/ORANGEVIEW AVE 0.0101 ACPL15 ROW Planter: Alcove VALLEY VIEW ST. S/MARILYN DR.-N/FRED DR. 0.0040 ACPL16 ROW Planter: Alcove VALLEY VIEW ST. S/FRED DR.-N/BARRY DR. 0.0007 ACPL17 ROW Planter: Alcove VALLEY VIEW ST. S/BARRY DR.-N/BALLRD. 0.0018 ACPL34 ROW Planter: Alcove VALLEY VIEW ST. ORANGEWOOD TO MONOKAI 0.0008 ACPL35 ROW Planter: Alcove VALLEY VIEW ST. MONOKAI TO NOUMEA 0.0033 ACPL36 ROW Planter: Alcove VALLEY VIEW ST. S/NOUMEA 0.0021 ACPL14 ROW Planter: Alcove WALKER ST. S/ORANGE AVE.-N/HANOVER DR. 0.0074 Sub Total 0.0972
PLT49 ROW Planter: Median BALL RD. BLOOMFIELD ST. TO DELANO LN. 0.0500 PLT50 ROW Planter: Median BALL RD. BLOOMFIELD ST. TO DELANO LN. 0.0241 PLT51 ROW Planter: Median BALL RD. BLOOMFIELD ST. TO DELANO LN. 0.0948 PLT52 ROW Planter: Median BALL RD. E/DELANO LN.-W/DENNI ST. 0.0627 PLT53 ROW Planter: Median BALL RD. E/DELANO LN.-W/DENNI ST. 0.1247 PLT54 ROW Planter: Median BALL RD. E/DENNIST.-W/SORRENTO DR. 0.0948 PLT55 ROW Planter: Median BALL RD. E/SORRENTO DR.-W/LARWIN AVE. 0.2957 PLT56 ROW Planter: Median BALL RD. E/LARWIN AVE.-W/MOODY.ST. 0.1270 PLT57 ROW Planter: Median BALL RD. E/MOODY 0.1260
PLT58 ROW Planter: Median BALL RD. W/ST. CHARLES 0.0905 PLT59 ROW Planter: Median BALL RD. E/GRINDLAY ST.-W/BARCELONA LN. 0.1629 PLT60 ROW Planter: Median BALL RD. E/BARCELONA LN.-W/WALKER ST. 0.0697 PLT61 ROW Planter: Median BALL RD. E/WALKER ST.-W/GRAHAM ST. 0.0183 RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Maps: Locations of Work
A-32
PLT62 ROW Planter: Median BALL RD. E/GRAHAM ST.-W/CABRILLO WAY 0.1350 PLT63 ROW Planter: Median BALL RD. E/CABRILLO WAY-W/VALLEY VIEW ST. 0.0964 PLT64 ROW Planter: Median BALL RD. E/VALLEY VIEW ST.-W/JUANITA ST. 0.0402 PLT65 ROW Planter: Median BALL RD. E/VALLEY VIEW ST.-W/JUANITA ST. 0.0273 PLT66 ROW Planter: Median BALL RD. E/JUANITA ST.-W/HOLDER ST. 0.0932 PLT67 ROW Planter: Median BALL RD. E/JUANITA ST.-W/HOLDER ST. 0.0611 PLT134 ROW Planter: Median CERRITOS AVE. WALKER ST. TO ANGELA AVE (MEDIAN). 0.1653 PLT135 ROW Planter: Median CERRITOS AVE.
ANGELA AVE. TO REXFORD DR.
(MEDIAN). 0.1286
PLT144 ROW Planter: Median CERRITOS AVE. RITTER ST. TO KNOTT ST. (MEDIAN) 0.2089 PLT120 ROW Planter: Median HALIFAX DR.
E/GRINDLAY ST.-W/OAKMOUNT ST.
(MEDIAN). 0.0413
PLT145 ROW Planter: Median KNOTT ST.
CERRITOS AVE. TO JONATHAN AVE.
(MEDIAN) 0.1794
PLT157 ROW Planter: Median LINCOLN AVE.
CITY LIMITS-BLOOMFIELD ST. E/CITY
LIMITS-W/BRIDGE 0.0115
PLT158 ROW Planter: Median LINCOLN AVE.
CITY LIMITS-BLOOMFIELD ST. E/CITY
LIMITS-E/BRIDGE 0.0275
PLT159 ROW Planter: Median LINCOLN AVE.
E/BLOOMFIELD ST.-W/LINCOLN PLAZA
WAY 0.0505
PLT160 ROW Planter: Median LINCOLN AVE.
E/LINCOLN PLAZA WAY-W/DENNI ST.
E/LINCOLN PLAZA WAY 0.0344
PLT161 ROW Planter: Median LINCOLN AVE.
E/LINCOLN PLAZA WAY-W/DENNI ST.
W/DENNI ST 0.0115
PLT162 ROW Planter: Median LINCOLN AVE.
E/DENNI ST.-W/SUMNER PL. E/DENNI
ST. 0.0161
PLT163 ROW Planter: Median LINCOLN AVE.
E/DENNI ST.-W/SUMNER PL. AT RYDER
RV 0.0174
PLT164 ROW Planter: Median LINCOLN AVE.
E/DENNI ST.-W/SUMNER PL. AT HYATT
DIE CAST 0.0184
PLT165 ROW Planter: Median LINCOLN AVE.
E/SUMNER PL.-W/COBBLESTONE ST.
W/SUMNER ST. 0.0028
PLT166 ROW Planter: Median LINCOLN AVE.
E/COBBLESTONE ST.-W/MOODY ST.
E/SUMNER ST. 0.0185
PLT167 ROW Planter: Median LINCOLN AVE.
E/COBBLESTONE ST.-W/MOODY ST.
E/COBBLESTONE ST. 0.0033
PLT168 ROW Planter: Median LINCOLN AVE.
E/COBBLESTONE ST.-W/MOODY ST.
W/MOODY ST. 0.0218
PLT169 ROW Planter: Median LINCOLN AVE.
E/MOODY ST.-W/GRINDLAY ST.
E/MOODY ST. 0.0041
PLT170 ROW Planter: Median LINCOLN AVE.
E/MOODY ST.-W/GRINDLAY ST. AT A1
STORAGE 0.0344
PLT171 ROW Planter: Median LINCOLN AVE.
E/MOODY ST.-W/GRINDLAY ST.
W/GRINDLAY ST. 0.0161
PLT172 ROW Planter: Median LINCOLN AVE.
E/GRINDLAY ST.-W/WATSON ST.
E/GRINDLAY ST. 0.0172
PLT173 ROW Planter: Median LINCOLN AVE.
E/GRINDLAY ST.-W/WATSON ST.
W/WATSON ST. 0.0138
PLT174 ROW Planter: Median LINCOLN AVE.
E/WATSON ST.-W/ELECTRIC ST.
E/WATSON ST. 0.0138
PLT175 ROW Planter: Median LINCOLN AVE.
E/ELECTRIC ST. - W/WALKER ST. AT
AUTO ZONE 0.0161
PLT176 ROW Planter: Median LINCOLN AVE.
E/WALKER ST.- W/LOS ALTOS DR.
E/WALKER ST 0.0448
PLT177 ROW Planter: Median LINCOLN AVE.
E/WALKER ST.- W/LOS ALTOS DR.AT
PEACOCK MOTEL 0.0092
PLT178 ROW Planter: Median LINCOLN AVE.
E/WALKER ST.- W/LOS ALTOS DR.
W/ARBYS 0.0046
PLT179 ROW Planter: Median LINCOLN AVE.
E/LOS ALTOS AVE-W/HOMEDEPOT ST.
W/HOME DEPOT 0.0207
RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Maps: Locations of Work
A-33
PLT180 ROW Planter: Median LINCOLN AVE.
E/HOME DEPOT ST.-W/VALLEY VIEW ST.
W/VALLEY VIEW ST. 0.0253
MED10 ROW Planter: Median LINCOLN AVE. CITY LIMITS-BLOOMFIELD ST. 0.0090 MED11 ROW Planter: Median LINCOLN AVE. CITY LIMITS-BLOOMFIELD ST. 0.0180 MED12 ROW Planter: Median LINCOLN AVE.
E/BLOOMFIELD ST.-W/LINCOLN PLAZA
WAY 0.1220
MED13 ROW Planter: Median LINCOLN AVE. E/LINCOLN PLAZA WAY-W/DENNI ST. 0.0460 MED14 ROW Planter: Median LINCOLN AVE. E/DENNI ST.-W/SUMNER PL. 0.0140 MED15 ROW Planter: Median LINCOLN AVE. E/DENNI ST.-W/SUMNER PL. 0.0150 MED16 ROW Planter: Median LINCOLN AVE. E/DENNI ST.-W/SUMNER PL. 0.0320 MED17 ROW Planter: Median LINCOLN AVE. E/SUMNER PL.-W/COBBLESTONE ST. 0.0320 MED18 ROW Planter: Median LINCOLN AVE. E/COBBLESTONE ST.-W/MOODY ST. 0.0180 MED19 ROW Planter: Median LINCOLN AVE. E/MOODY ST.-W/GRINDLAY ST. 0.0080 MED20 ROW Planter: Median LINCOLN AVE. E/MOODY ST.-W/GRINDLAY ST. 0.0280 MED21 ROW Planter: Median LINCOLN AVE. E/WALKER ST.-W/RAILROAD TRACKS 0.0330 MED22 ROW Planter: Median LINCOLN AVE.
E/RAILROAD TRACKS-W/LOS ALTOS
AVE. 0.0110
MED23 ROW Planter: Median LINCOLN AVE.
E/RAILROAD TRACKS-W/LOS ALTOS
AVE. 0.0140
MED24 ROW Planter: Median LINCOLN AVE. E/HOME DEPOT ST.-W/VALLEY VIEW ST. 0.0080 MED1 ROW Planter: Median KATELLA AVE. E/WALKER ST.-W/DOUGLAS DR. 0.0690 MED2 ROW Planter: Median KATELLA AVE. E/DOUGLAS DR.-W/MCDONNEL DR. 0.0830 MED3 ROW Planter: Median KATELLA AVE. E/MCDONNEL DR.-W/VALLEY VIEW ST. 0.0920 MED4 ROW Planter: Median KATELLA AVE. E/VALLEY VIEW ST-W/HOPE ST. 0.1930 MED5 ROW Planter: Median KATELLA AVE. E/HOPE ST. - W/BUSINESS CENTER 0.0880 MED6 ROW Planter: Median KATELLA AVE. E/BUSINESS CENTER-W/HOLDER ST. 0.0390 MED7 ROW Planter: Median KATELLA AVE. E/HOLDER ST.-W/YAMAHA WAY 0.1100 MED8 ROW Planter: Median KATELLA AVE. E/YAMAHA WAY-W/MERIDIAN DR. 0.0410 MED9 ROW Planter: Median KATELLA AVE. E/MERIDIAN DR.-W/KNOTT AVE. 0.1100 PLT122 ROW Planter: Median OXFORD DR.
E/GRINDLAY ST.-W/GLENBROOK ST.
(MEDIAN). 0.0046
PLT140 ROW Planter: Median REXFORD CT. S/REXFORD AVE. (MEDIAN). 0.0046 PLT181 ROW Planter: Median VALLEY VIEW ST.
S/LINCOLN AVE.-N/LAKESHORE DR.
S/LINCOLN AVE. 0.0074
MED25 ROW Planter: Median VALLEY VIEW ST. S/LINCOLN AVE.-N/LAKESHORE DR. 0.0390 MED26 ROW Planter: Median VALLEY VIEW ST. LINCOLN AVE.-LAKESHORE DR. 0.0320 MED27 ROW Planter: Median VALLEY VIEW ST. S/LAKESHORE DR.-N/ORANGE AVE. 0.0280 MED28 ROW Planter: Median VALLEY VIEW ST. S/LAKESHORE DR.-N/ORANGE AVE. 0.0770 MED29 ROW Planter: Median VALLEY VIEW ST. S/MARILYN DR.-N/FRED DR. 0.0690 MED30 ROW Planter: Median VALLEY VIEW ST. S/MARILYN DR.-N/FRED DR. 0.0650 MED31 ROW Planter: Median VALLEY VIEW ST. S/FRED DR.-N/BALL RD. 0.1720 MED32 ROW Planter: Median VALLEY VIEW ST. S/BALL RD.-N/CATHY AVE. 0.0480 MED33 ROW Planter: Median VALLEY VIEW ST. S/BALL RD.-N/CATHY AVE. 0.0280 MED34 ROW Planter: Median VALLEY VIEW ST. S/BALL RD.-N/CATHY AVE. 0.0960 MED35 ROW Planter: Median VALLEY VIEW ST. S/CATHY AVE.-N/CERRITOS AVE. 0.0830 MED36 ROW Planter: Median VALLEY VIEW ST. S/CERRITOS AVE.-N/CORPORATE AVE. 0.0410 MED37 ROW Planter: Median VALLEY VIEW ST. S/CORPORATE AVE.- N/PLAZA DR. 0.0640 MED38 ROW Planter: Median VALLEY VIEW ST. S/CORPORATE AVE.- N/PLAZA DR. 0.0310 MED39 ROW Planter: Median VALLEY VIEW ST. S/PLAZA DR.-N/KATELLA AVE. 0.1380 MED40 ROW Planter: Median VALLEY VIEW ST. S/KATELLA AVE-NWARLAND DR. 0.5100 MED41 ROW Planter: Median VALLEY VIEW ST. S/WARLAND DR.-N/ORANGEWOOD AVE. 0.0430 MED42 ROW Planter: Median VALLEY VIEW ST. S/ORANGEWOOD AVE.-N/NOUMEA ST. 0.1720 MED43 ROW Planter: Median VALLEY VIEW ST. S/NOUMEA ST.-N/CITY LIMITS 0.0690 RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Maps: Locations of Work
A-34
PLT 182 ROW Planter: Median MOODY ST. EVERGREEN AVE. TO PARK AVE. 0.1490 PLT 183 ROW Planter: Median MOODY ST. PARK AVE. TO NEWMAN AVE. 0.0620 PLT 184 ROW Planter: Median MOODY ST. NEWMAN AVE. TO SEQUOIA AVE. 0.0560 PLT 185 ROW Planter: Median MOODY ST. SEQUOIA AVE. TO LEMON AVE. 0.1340 PLT 186 ROW Planter: Median MOODY ST. LEMON AVE. TO ORANGE AVE. 0.0090 PLT 187 ROW Planter: Median MOODY ST. ORANGE AVE TO OXFORD DR. 0.0290 PLT 188 ROW Planter: Median MOODY ST. OXFORD DR. TO SORRENTO DR. 0.1050 PLT 189 ROW Planter: Median MOODY ST. SORRENTO DR. TO YORKSHIRE DR. 0.0350 PLT 190 ROW Planter: Median MOODY ST. YORKSHIRE DR. TO CANTERBURY DR. 0.0520 PLT 191
ROW Planter: Median
MOODY ST.
CANTERBURY DR. TO CUMBERLAND
DR. 0.2390
PLT 192 ROW Planter: Median MOODY ST. CUMBERLAND DR. TO BALL RD. 0.0380 PLT 193 ROW Planter: Median MOODY ST. BALL RD. TO BELLE AVE. 0.0100 PLT 194 ROW Planter: Median MOODY ST. BELLE AVE. TO CARBON CREEK 0.0120 PLT 195 ROW Planter: Median MOODY ST. CARBON CREEK TO MARION AVE. 0.0210 PLT 196 ROW Planter: Median MOODY ST. MARION AVE. TO CITATION AVE. 0.2690 PLT 197 ROW Planter: Median MOODY ST. CITATION AVE. TO SARATOGA AVE. 0.0570 PLT 198 ROW Planter: Median MOODY ST. SARATOGA AVE. TO CERRITOS AVE. 0.0690 Sub Total 7.3723
PLT27 ROW Planter: Parkway BALL RD. E/NATURE PARK -W/DENNI ST. 0.0351 PLT28 ROW Planter: Parkway BALL RD. S/W CORNER AT DENNI ST. 0.0083 PLT29 ROW Planter: Parkway BALL RD. E/ESSEX PARK 0.0006 PLT30 ROW Planter: Parkway BALL RD. W/GRINDLAY ST. 0.0001 PLT31 ROW Planter: Parkway BALL RD. E/GRINDLAY ST.-W/BARCELONA LN. 0.0428 PLT32 ROW Planter: Parkway BALL RD. E/BARCELONA LN.-W/WALKER ST. 0.0052 PLT33 ROW Planter: Parkway BALL RD. W/GRAHAM ST. 0.0038 PLT34 ROW Planter: Parkway BALL RD. CHANNEL (WESTSIDE) 0.0055 PLT35 ROW Planter: Parkway BALL RD. CHANNEL (EASTSIDE) 0.0184 PLT36 ROW Planter: Parkway BALL RD. E/BLOOMFIELD-W/DELANO LN. 0.0840 PLT37 ROW Planter: Parkway BALL RD. E/DELANO LN.-W/DENNI ST. 0.0683 PLT38 ROW Planter: Parkway BALL RD. E/DENNI ST-W/SORRENTO DR 0.0448 PLT39 ROW Planter: Parkway BALL RD. AT SORRENTO DR. 0.0045 PLT40 ROW Planter: Parkway BALL RD. E/SORRENTO DR.-W/LARWIN AVE. 0.0627 PLT41 ROW Planter: Parkway BALL RD. E/LARWIN AVE.-W/MOODY.ST. 0.0293 PLT42 ROW Planter: Parkway BALL RD. E/MOODY ST.-W/ST. CHARLES AVE. 0.0480 PLT43 ROW Planter: Parkway BALL RD. ST. CHARLES ST.-WALKER ST. 0.0683 PLT44 ROW Planter: Parkway BALL RD. S/W CORNER AT WALKER ST. 0.0022 PLT45 ROW Planter: Parkway BALL RD. E/WALKER ST.-W/CHANNEL 0.0740 PLT46 ROW Planter: Parkway BALL RD. CHANNEL (WESTSIDE) 0.1007 PLT47 ROW Planter: Parkway BALL RD. E/CHANNEL-W/MYRA AVE. 0.0107 PLT48 ROW Planter: Parkway BALL RD. E/MYRA AVE. 0.0015
PLT147 ROW Planter: Parkway BARBADOS AVE.
S/PROVIDENCIA ST (ENTANCE
PLANTERS) 0.0172
PLT126 ROW Planter: Parkway BLOOMFIELD ST. S/BALL RD. TO CHANNEL 0.0275 PLT127 ROW Planter: Parkway BLOOMFIELD ST. S/E CORNER AT MYRA AVE. 0.0030 PLT128 ROW Planter: Parkway BLOOMFIELD ST. N/E CORNER AT MARION AVE. 0.0010 PLT129 ROW Planter: Parkway BLOOMFIELD ST. S/E CORNER AT MARION AVE. 0.0010 PLT99 ROW Planter: Parkway CAMP ST. W/MOODY ST. (ON SOUTHSIDE) 0.0808 PLT68 ROW Planter: Parkway CAROB ST. S/GEM AVE. (EASTSIDE OLEANDER) 0.0579 PLT130 ROW Planter: Parkway CERRITOS AVE. COLGATE DR. TO E/SANTA CLARA ST. 0.0459 PLT132 ROW Planter: Parkway CERRITOS AVE. MOODY ST. TO LONGDEN ST. 0.0735 RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Maps: Locations of Work
A-35
PLT136 ROW Planter: Parkway CERRITOS AVE. REXFORD DR. TO CAMDEN DR. 0.0095 PLT137 ROW Planter: Parkway CERRITOS AVE. CAMDEN DR. TO VALLEY VIEW ST. 0.0173 PLT142 ROW Planter: Parkway CERRITOS AVE. HESTER ST. TO FLORENCE ST. 0.0379 PLT138 ROW Planter: Parkway CONDEE ST. S/STRATMORE AVE.-N/MARION AVE 0.0261 PLT139 ROW Planter: Parkway CONDEE ST. S/MILDRED AVE.-N/CATHY AVE. 0.0294 PLT71 ROW Planter: Parkway CRESCENT AVE. MARTINIQUE WAY TO CHANNEL 0.0126 PLT74 ROW Planter: Parkway CRESCENT AVE. CAROB ST TO DENNI ST 0.0712 PLT78 ROW Planter: Parkway CRESCENT AVE. DENNI ST. TO SUMNER PL. 0.1882 PLT90 ROW Planter: Parkway CRESCENT AVE. E/LA HOMA ST(DIRTWAY) 0.0153 PLT131 ROW Planter: Parkway DENNI ST. N/E CORNER AT CATHY AVE. 0.0126 PLT72 ROW Planter: Parkway DENNI ST S/FOUNTAINBLEAU WAY (EASTSIDE) 0.0247 PLT100 ROW Planter: Parkway DENNI ST
N/E CORNER OF RANIER DR. TO
BLANCA DR. 0.0781
PLT118 ROW Planter: Parkway DENNI ST. N/W CORNER AT FAIRFIELD WAY 0.0081 PLT143 ROW Planter: Parkway GATEWAY DR. HOLDER ST. TO CUL-DASAC 0.0594 PLT69 ROW Planter: Parkway GAY ST. N/PEPPERTREE WAY (WESTSIDE) 0.1199 PLT105 ROW Planter: Parkway
GRINDLAY ST.
(EASTSIDE)
BISHOP ST. TO CIVIC CENTER PARKING
LOT 0.0390
PLT106 ROW Planter: Parkway
GRINDLAY ST.
(WESTSIDE) S/HICKORY CR.-N/EDGEMONT CR. 0.0069
PLT148 ROW Planter: Parkway HOLDER ST. CHANNEL TO ORANGEWOOD AVE 0.0367 PLT153 ROW Planter: Parkway HOLDER ST. TOKELAU ST. TO CITY LIMITS 0.0138 PLT156 ROW Planter: Parkway HOLDER ST. BIAK ST. TO CITY LIMITS 0.1148 PLT146 ROW Planter: Parkway KATELLA AVE. S/W CORNER AT VALLEY VIEW ST. 0.0170 PLT117 ROW Planter: Parkway
LEMON AVE.
(ALLEY) E/VALLEY VIEW ST. 0.2066
PLT94 ROW Planter: Parkway LEXINGTON ST. S/MANCHESTER PL. 0.0275 PLT75 ROW Planter: Parkway LINCOLN AVE.
CITY LIMITS-BLOOMFIELD
ST.(W/BRIDGE) 0.0046
PLT76 ROW Planter: Parkway LINCOLN AVE.
CITY LIMITS-BLOOMFIELD
ST.(E/BRIDGE) 0.0069
PLT77 ROW Planter: Parkway LINCOLN AVE. CITY LIMITS-BLOOMFIELD ST. 0.2525 PLT79 ROW Planter: Parkway LINCOLN AVE. N/W CORNER AT SUMNER PL. 0.0211 PLT80 ROW Planter: Parkway LINCOLN AVE. N/E CORNER AT SUMNER PL. 0.0117 PLT81 ROW Planter: Parkway LINCOLN AVE. E/SUMNER PL. 0.0395 PLT83 ROW Planter: Parkway LINCOLN AVE. N/W CORNER AT MOODY ST. 0.0071 PLT84 ROW Planter: Parkway LINCOLN AVE. N/E CORNER AT MOODY ST. 0.0087 PLT85 ROW Planter: Parkway LINCOLN AVE. AT GRINDLAY ST. (NORTHSIDE) 0.0069 PLT86 ROW Planter: Parkway LINCOLN AVE. N/W CORNER AT WATSON ST. 0.0108 PLT87 ROW Planter: Parkway LINCOLN AVE. N/E CORNER AT WATSON ST. 0.0138 PLT88 ROW Planter: Parkway LINCOLN AVE. N/W CORNER AT WALKER ST. 0.0096 PLT91 ROW Planter: Parkway LINCOLN AVE. N/E CORNER AT WALKER ST. 0.0253 PLT92 ROW Planter: Parkway LINCOLN AVE. E/WALKER ST.-W/RAILROAD TRACKS 0.0046 PLT93 ROW Planter: Parkway LINCOLN AVE. E/LOS ALTOS-W/VALLEY VIEW ST. 0.0143 PLT95 ROW Planter: Parkway LINCOLN AVE.
CITY LIMITS-BLOOMFIELD
ST.(W/BRIDGE) 0.0092
PLT96 ROW Planter: Parkway LINCOLN AVE.
CITY LIMITS-BLOOMFIELD
ST.(E/BRIDGE) 0.0092
PLT97 ROW Planter: Parkway LINCOLN AVE. S/W CORNER AT BLOOMFIELD ST. 0.0309 PLT98 ROW Planter: Parkway LINCOLN AVE. S/W CORNER AT DENNI ST. 0.0092 PLT101 ROW Planter: Parkway LINCOLN AVE. S/E CORNER AT DENNI ST. 0.0108 PLT102 ROW Planter: Parkway LINCOLN AVE. S/W CORNER AT MOODY ST. 0.0154 PLT107 ROW Planter: Parkway LINCOLN AVE. S/E CORNER AT MOODY ST. 0.0124 RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Maps: Locations of Work
A-36
PLT108 ROW Planter: Parkway LINCOLN AVE. S/W CORNER AT WATSON ST. 0.0073 PLT109 ROW Planter: Parkway LINCOLN AVE. S/E CORNER AT WATSON ST. 0.0087 PLT110 ROW Planter: Parkway LINCOLN AVE. S/W CORNER AT WALKER ST. 0.0172 PLT111 ROW Planter: Parkway LINCOLN AVE. E/WALKER ST 0.0115 PLT112 ROW Planter: Parkway LINCOLN AVE. E/WALKER ST.-W/RAILROAD TRACKS 0.0140 PLT113 ROW Planter: Parkway LINCOLN AVE.
E/RAILROAD TRACKS-W/LOS ALTOS
AVE 0.0084
PLT114 ROW Planter: Parkway LINCOLN AVE. E/HOME DEPOT.-W/VALLEY VIEW ST. 0.0170 PWY1 ROW Planter: Parkway LINCOLN AVE. N/E CORNER AT MOODY ST. 0.0060 PWY2 ROW Planter: Parkway LINCOLN AVE. E/MOODY ST.-W/GRINDLAY ST. 0.0280 PWY3 ROW Planter: Parkway LINCOLN AVE. N/W CORNER AT GRINDLAY ST. 0.0210 PWY4 ROW Planter: Parkway LINCOLN AVE. N/E CORNER AT GRINDLAY ST. 0.0100 PWY6 ROW Planter: Parkway LINCOLN AVE. E/WALKER ST.-W/RAILROAD TRACKS 0.0110 PWY7 ROW Planter: Parkway LINCOLN AVE. E/RAILROAD TRACKS-W/LOS ALTOS 0.0110 PWY8 ROW Planter: Parkway LINCOLN AVE. E/LOS ALTOS AVE.-W/VALLEY VIEW ST. 0.0050 PWY9 ROW Planter: Parkway LINCOLN AVE. S/W CORNER AT DENNI ST. 0.0110 PWY19 ROW Planter: Parkway LINCOLN AVE. E/SUMNER PL. 0.0110 PWY20 ROW Planter: Parkway LINCOLN AVE. S/W CORNER AT MOODY ST. 0.0070 PWY37 ROW Planter: Parkway LINCOLN AVE. S/E CORNER AT MOODY ST. 0.0020 PWY38 ROW Planter: Parkway LINCOLN AVE. E/MOODY ST.-W/GRINDLAY ST. 0.0140 PWY39 ROW Planter: Parkway LINCOLN AVE. E/MOODY ST.-W/GRINDLAY ST. 0.0180 PWY43 ROW Planter: Parkway LINCOLN AVE. E/WALKER ST.-W/RAILROAD TRACKS 0.0130 PWY44 ROW Planter: Parkway LINCOLN AVE. E/RAILROAD TRACKS-W/LOS ALTOS 0.0110 PWY45 ROW Planter: Parkway LINCOLN AVE. E/RAILROAD TRACKS-W/LOS ALTOS 0.0200 PWY46 ROW Planter: Parkway LINCOLN AVE. E/LOS ALTOS AVE.-W/VALLEY VIEW ST. 0.0060 PWY47 ROW Planter: Parkway LINCOLN AVE. E/LOS ALTOS AVE.-W/VALLEY VIEW ST. 0.0050 PLT89 ROW Planter: Parkway MOODY ST. MERTEN AVE.-TO ALASKA AVE. 0.0551 PLT103 ROW Planter: Parkway MOODY ST.
S/PARK AVE.-N/NEWMAN AVE.(AT A-2
CHANNEL) 0.0230
PLT121 ROW Planter: Parkway MOODY ST. OXFORD DR. TO BALL RD. 0.1033 PLT104 ROW Planter: Parkway ORANGE AVE.
ALDERBURY ST.-JULIE BETH ST.(AT A-2
CHANNEL) 0.0138
PLT119 ROW Planter: Parkway ORANGE AVE. 750' W/DENNI ST. TO DENNI ST. 0.0298 PLT124 ROW Planter: Parkway ORANGE AVE. E/SONWELL PL.-PEARTREE LN. 0.0199 PLT149 ROW Planter: Parkway ORANGEWOOD AVE VALLEY VIEW TO HOLDER ST 0.1676 PLT151 ROW Planter: Parkway ORANGEWOOD AVE NAVAL GOLF TO VALLEY VIEW 0.0103 PLT154 ROW Planter: Parkway ORANGEWOOD AVE VALLEY VIEW TO HOLDER ST 0.0207 PLT70 ROW Planter: Parkway PEARL CR. W/BIRCH ST. (SOUTHSIDE) 0.0075 PLT73 ROW Planter: Parkway PEPPERTREE LANE E/GAYST-W/WILLOW DR 0.0367 PLT123 ROW Planter: Parkway ROME AVE. S/E CORNER AT ROME ST. 0.0078 PLT82 ROW Planter: Parkway SUMNER PL.
S/CRESCENT AVE.-N/MERTEN AVE
(DIRTWAY) 0.2938
PLT150 ROW Planter: Parkway VALLEY VIEW ST S/CHANNEL-N/ORANGEVIEW AVE 0.0689 PLT115 ROW Planter: Parkway VALLEY VIEW ST S/W CORNER AT KAREN AVE. 0.0062 PLT125 ROW Planter: Parkway VALLEY VIEW ST
ORANGE AVE. TO S/E CORNER OF
FRED DR. 0.1286
PLT152 ROW Planter: Parkway VALLEY VIEW ST ORANGEWOOD TO CITY LIMITS 0.0230 PLT155 ROW Planter: Parkway VALLEY VIEW ST ORANGEWOOD TO CITY LIMITS 0.0275 PWY48 ROW Planter: Parkway VALLEY VIEW ST S/KAREN AVE.-N/LEMON AVE. 0.0140 PWY49 ROW Planter: Parkway VALLEY VIEW ST S/LEMON AVE.-N/ORANGE AVE. 0.0510 PWY76 ROW Planter: Parkway VALLEY VIEW ST FRED DR. TO BALL RD. 0.0300 PWY103 ROW Planter: Parkway VALLEY VIEW ST S/BALL RD.-N/CATHY AVE. 0.0920 RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Maps: Locations of Work
A-37
PWY104 ROW Planter: Parkway VALLEY VIEW ST S/CATHY AVE.-N/CERRITOS AVE. 0.0690 PWY111 ROW Planter: Parkway VALLEY VIEW ST S/CHANNEL-N/ORANGEVIEW AVE 0.1150 PWY112 ROW Planter: Parkway VALLEY VIEW ST ORANGEWOOD TO NOUMEA 0.0690 PWY113 ROW Planter: Parkway VALLEY VIEW ST S/NOUMEA 0.0090 PWY114 ROW Planter: Parkway VALLEY VIEW ST MONOKAI TO NOUMEA 0.0730 PWY115 ROW Planter: Parkway VALLEY VIEW ST S/NOUMEA 0.0460 PLT116 ROW Planter: Parkway WALKER ST. S/CITRUS CT.-LIME AVE. 0.0083 PLT133 ROW Planter: Parkway WALKER ST. BALL RD TO CHANNEL 0.0138 PLT141 ROW Planter: Parkway WALKER ST. BALL RD TO CHANNEL 0.0253 Sub Total 4.6867
PLT1
ROW Planter: Parkway
(Sorrento) BALL RD. N/E CORNER AT SORRENTO DR. 0.0230
PLT2
ROW Planter: Parkway
(Sorrento) BALL RD. SORRENTO DR.-MOODY ST. 0.0180
PLT3
ROW Planter: Parkway
(Sorrento) BALL RD. N/W CORNER AT MOODY ST. 0.0110
PLT4
ROW Planter: Parkway
(Sorrento) DENNI ST ORANGE AVE-SHERINGTON CT. 0.0030
PLT5
ROW Planter: Parkway
(Sorrento) DENNI ST SHERINGTON CT.-CHELSEA CT. 0.0080
PLT6
ROW Planter: Parkway
(Sorrento) DENNI ST CHELSEA CT.-TRACT WALL 0.0050
PLT7
ROW Planter: Parkway
(Sorrento) DENNI ST TRACT WALL-AVENIDA GRANADA 0.0670
PLT8
ROW Planter: Parkway
(Sorrento) DENNI ST N/E CORNER AT AVENIDA GRANADA 0.0010 PLT9
ROW Planter: Parkway
(Sorrento)
JULIE BETH ST.
(WESTSIDE) ORANGE AVE.-MONTEFINO DR. 0.0120
PLT10
ROW Planter: Parkway
(Sorrento) MOODY ST. ORANGE AVE.-SORRENTO DR. 0.1310
PLT11
ROW Planter: Parkway
(Sorrento) MOODY ST. N/W CORNER AT SORRENTO DR. 0.0320
PLT12
ROW Planter: Parkway
(Sorrento) MOODY ST. S/W CORNER AT SORRENTO DR. 0.0320
PLT13
ROW Planter: Parkway
(Sorrento) MOODY ST. SORRENTO DR.-BALL RD. 0.3170
PLT14
ROW Planter: Parkway
(Sorrento) ORANGE AVE. DENNI ST.-SORRENTO TRACT(A2 CH) 0.0133 PLT15
ROW Planter: Parkway
(Sorrento) ORANGE AVE. S/W CORNER AT JULIE BETH ST. 0.0240 PLT16
ROW Planter: Parkway
(Sorrento) ORANGE AVE. S/E CORNER AT JULIE BETH ST. 0.0090 PLT17
ROW Planter: Parkway
(Sorrento) ORANGE AVE. JULIE BETH ST.-MOODY ST. 0.0126
PLT18
ROW Planter: Parkway
(Sorrento) ORANGE AVE. S/W CORNER AT MOODY ST. 0.0110
PLT19
ROW Planter: Parkway
(Sorrento)
SORRENTO
DR.(EASTSIDE) BALL RD. -AMBRUZZI DR. 0.0550
PLT20
ROW Planter: Parkway
(Sorrento)
SORRENTO
DR.(EASTSIDE) AMBRUZZI DR.-LINARO DR. 0.0830
PLT21
ROW Planter: Parkway
(Sorrento)
SORRENTO
DR.(EASTSIDE) LINARO DR.-TRENTINO DR. 0.0780
PLT22
ROW Planter: Parkway
(Sorrento)
SORRENTO
DR.(EASTSIDE) TRENTINO DR.-MOODY ST. 0.0600
PLT23
ROW Planter: Parkway
(Sorrento)
SORRENTO
DR.(WESTSIDE) AVENIDA GRANADA-TUSCANI DR. 0.0620
PLT24
ROW Planter: Parkway
(Sorrento)
SORRENTO
DR.(WESTSIDE) TUSCANI DR.-LINARO DR. 0.0370
PLT25
ROW Planter: Parkway
(Sorrento)
SORRENTO
DR.(WESTSIDE) LINARO DR.-TRENTINO DR. 0.0850
RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Maps: Locations of Work
A-38
PLT26
ROW Planter: Parkway
(Sorrento)
SORRENTO
DR.(WESTSIDE) TRENTINO DR.-MOODY ST. 0.0640
Sub Total 1.2539
HRD4 Hardscape BLOOMFIELD ST.
(EASTSIDE) 9210 BLOOMFIELD ST - 160'
N/ORANGE AVE 0.2550
Hardscape BLOOMFIELD ST. (WEST SIDE) LINCOLN AVENUE TO 9191 0.0990 HRD9 Hardscape BLOOMFIELD ST.
9730 BLOOMFIELD ST. - 9802
BLOOMFIELD ST. (N/BALL RD) 0.1060
HRD27 Hardscape CERRITOS AVE
(BIG 'O' TIRES) 6052 CERRITOS AVE. -
HESTER ST. 0.0200
HRD22 Hardscape CERRITOS AVE
4549 CERRITOS AVE. - BARBARA ANNE
ST. 0.0680
HRD32 Hardscape CERRITOS AVE ALMOND ST. - 100' W/RITTER ST. 0.0890 HRD21 Hardscape CERRITOS AVE DENNI ST. - 4549 CERRITOS AVE. 0.0270 HRD28 Hardscape CERRITOS AVE FLORENCE ST.- HOLDER ST. 0.2520 HRD31 Hardscape CERRITOS AVE HOLDER ST. - 6612 CERRITOS AVE 0.0960 HRD14 Hardscape CERRITOS AVE SANTA ELISE ST. - SANTA CLARA ST 0.1280 HRD2 Hardscape CRESCENT AVE CHANNEL - SUMNER PL. 0.0770 HRD1 Hardscape CRESCENT AVE CITY LIMITS - 4361 CRESCENT 0.1400 HRD3 Hardscape CRESCENT AVE. LA HOMA ST. - 5582 CRESCENT 0.0150 HRD20 Hardscape DENNI ST.
150' SOUTH OF MARION AVE - 105'
SOUTH OF PATRICIA DR. 0.0620
HRD10 Hardscape
DENNI ST. 94' NORTH OF VIA MAJORCA - 9971
DENNI ST.(150' N/BALL RD.) 0.2300
HRD5 Hardscape
DENNI ST. ARNOLD SCHOOL PARKING LOT -
ORANGE AVE. 0.1450
HRD26 Hardscape DENNI ST. CATHY AVE. - CERRITOS AVE. 0.0870 HRD24 Hardscape DENNI ST. CHANNEL - TO MARION AVE. 0.1150 HRD16 Hardscape DENNI ST. CHANNEL - TO MYRA AVE. 0.0230 HRD15 Hardscape DENNI ST. LARWIN AVE.- CHANNEL 0.0640
HRD23 Hardscape DENNI ST. LARWIN AVE.- CHANNEL 0.0640
HRD25 Hardscape
DENNI ST. MARION AVE. - 110' N/CATHY AVE.
(N/PLANTER) 0.0140
HRD19 Hardscape
DENNI ST. MARION AVE. - 150' SOUTH OF MARION
AVE 0.0150
HRD17 Hardscape DENNI ST. MYRA AVE. - NESTLE AVE. 0.0490 HRD18 Hardscape DENNI ST. NESTLE AVE. - MARION AVE. 0.0230 HRD29 Hardscape HOLDER ST. CERRITOS AVE. - LEONE WAY 0.0230 HRD33 Hardscape HOLDER ST. CERRITOS AVE. - YAMAHA PLANT 0.2750 HRD30 Hardscape HOLDER ST. LEONE WAY - RAILROAD TRACKS 0.1330 HRD36 Hardscape HOLDER ST. S/ORANGEWOOD AVE. - N/CITY LIMITS 0.3010 HRD40 Hardscape KNOTT ST. S/ORANGEWOOD AVE. - N/CITY LIMITS 0.2440 HRD6 Hardscape ORANGE AVE.
CHANNEL - 140' WEST OF ROSEMARIE
CT. 0.1190
HRD41 Hardscape ORANGEWOOD AVE E/PANAY ST.- W/HALAWA LANE 0.0250 HRD37 Hardscape ORANGEWOOD AVE
E/VALLEY VIEW ST - PARK (MAPLE
GROVE SOUTH) 0.2300
HRD42 Hardscape ORANGEWOOD AVE HALAWA LANE - KNOTT ST. 0.2100 HRD34 Hardscape ORANGEWOOD AVE
NAVY GOLF COURSE - EUCALYPTUS
PARK 0.1160
HRD38 Hardscape ORANGEWOOD AVE
PARK (MAPLE GROVE SOUTH) -
HOLDER ST. 0.2750
HRD35 Hardscape ORANGEWOOD AVE SAMOA ST. - VALLEY VIEW ST 0.0590 HRD39 Hardscape VALLEY VIEW ST. ORANGEWOOD AVE. - MONO KAI ST. 0.0780 Hardscape VALLEY VIEW ST.
WEST SIDE KATELLA 11251 (25' SOUTH
OF STANTON CHANNEL 0.0320
RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Maps: Locations of Work
A-39
HRD8 Hardscape VALLEY VIEW ST.
SOUTH OF 9241 VALLEY VIEW ST. -
KAREN AVE. (TO TURF ) 0.0850
HRD7 Hardscape WALKER ST. 9271 WALKER ST. - 9321 WALKER ST. 0.0510 HRD11 Hardscape WALKER ST.
9501 WALKER ST. - 110' SOUTH OF
HANOVER DR. 0.2070
HRD13 Hardscape WALKER ST. ASPEN ST. - 355' N/ BALL RD. 0.0870 Hardscape WALKER ST.
EAST SIDE 100' NORTH OF CITRUS TO
LIME 0.0580
HRD12 Hardscape WALKER ST. TOWNHOUSES - ASPEN ST. 0.1150 Sub Total 4.9860
Grand Total 23.4961
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RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Maps Locations of Work
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RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “B” Special Requirements
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. The title of Article 5 shall read as follows:
“INSURANCE, INDEMNIFICATION, AND BONDS”
II. DELETE subsection 3.4 and REPLACE with the following:
“Term & Extended Term. Unless earlier terminated in
accordance with Section 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of such services as may be requested by City from time-to-time, but not exceeding two (2) calendar years from the date hereof, except as otherwise provided in the Schedule of Performance.
The City shall have the right but not the obligation, in its sole and unfettered discretion, to extend the initial term of this Agreement a maximum of three (3) extended terms of one (1) year. In order to do so, City shall, not later than ninety (90) calendar days prior to the expiration of the initial term, give Contractor written notice, in the form and manner allowed by this Agreement, of its intention to extend the initial term of this Agreement for three (3) extended terms of one (1) additional calendar year, which extension shall be according to the terms and conditions of this Agreement, unless the same is modified by the parties hereto in writing signed by the party to be charged.”
III. Section 5.4 shall be amended to read as follows:
“Performance Bond. Concurrently with execution of this
Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful
performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his or her power of attorney. The bond shall be
unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.”
IV. Section 5.5 shall be added as follows:
RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “B” Special Requirements
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“Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the
performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager.”
V. Section 5.6 shall be added as follows:
“Payment Bond for contracts over $25,000. Concurrently with the execution of their Agreement, if the contract sum specified in Section 2.1 of this Agreement is in excess of twenty-five thousand dollars ($25,000), Contractor shall deliver to City a payment bond in the sum specified below, in the form
provided by the City Clerk, which secures payments to
subcontractors and suppliers in the event of default by Contractor. The payment bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The payment bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor completely and faithfully pays all subcontractors and suppliers that have been approved in writing pursuant to Section 4.3 of this Agreement to perform in whole or part the services required herein.
The payment bond shall be in a sum not less than that
prescribed by law under California Civil Code § 3248, such that the bond shall be in the sum of:
(a) One hundred percent (100%) of the total
amount payable by the terms of this Agreement
if the total amount payable does not equal or
exceed five million dollars ($5,000,000); or
RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “B” Special Requirements
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(b) Fifty percent (50%) of the total amount payable
by the terms of this Agreement if the total
amount payable is not less than five million
dollars ($5,000,000) and does not exceed ten
million dollars ($10,000,000); or
(c) Twenty five percent (25%) of the total amount
payable by the terms of this Agreement if the
Agreement exceeds ten million dollars
($10,000,000).
If Contractor is the provider of architectural,
engineering, and land surveying services
pursuant to an existing contract with City for a
public work, Contractor shall not be required to
post or deliver a payment bond. Further, if the
sum of the payment bond as required under
California Civil Code § 3248 is different than the
sum required under this Agreement, the sum
specified in California Civil Code § 3248 is
controlling.
VI. Section 5.7 shall be added as follows:
“Sufficiency of Insurer or Surety for Payment Bond. If
Contractor must deliver a payment bond pursuant to Section
5.5 of this Agreement, Contractor shall deliver, concurrently with the execution of this Agreement and delivery of said payment bond, to City the following documents:
(a) A certified copy of the Certificate of Authority of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or
Surety to transact insurance in the State of
California;
(b) A certificate from the Clerk of the County of
Orange that the Certificate of Authority of the
Insure or Surety has not been surrendered,
revoked, canceled, annulled, or suspended; or,
in the event the Certificate of Authority of the
Insurer or Surety has been suspended, that
renewed authority has been granted; and
(c) True and correct copies of the Insurer’s or
Surety’s most recent annual statement and
RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “B” Special Requirements
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quarterly statement filed with the Department of
Insurance.
Failure of Contractor to deliver these
documents by the time of execution of this
Agreement shall require City to refrain from
entering the Agreement, as Contractor will be
deemed to have failed to ensure the sufficiency
of the Insurer or Surety to the satisfaction of
City, as required by the provisions of the Bond
and Undertaking Law, Code of Civil Procedure
§ 995.660.”
RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “D” Schedule of Performance
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Section 2.1 shall be amended to read as follows:
“Contract Sum. For services rendered pursuant to this
Agreement, the Contractor shall be compensated in
accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference.
This is a maintenance contract. There will not be any
Consumer Price Increases allowed during the initial two-year term or three-extended terms. The City reserves the right to add or delete work in the City’s sole discretion to best provide the service. The City, in its sole discretion, may request additional procurement and installation of organic materials to fulfill requirements set forth in California’s Senate Bill 1383.
Additional services and compensation shall be approved
pursuant to Section 1.8.”
II. Final Proposal reads as follows:
RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “D” Schedule of Performance
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RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES Exhibit “D” Schedule of Performance
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
See Exhibit “A” Scope of Services for performance specifications, locations of work and schedule.
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF CYPRESS
and
BRIGHTVIEW LANDSCAPE SERVICES, INC.
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF CYPRESS AND
BRIGHTVIEW LANDSCAPE SERVICES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2023 by and between the City of Cypress, a California municipal corporation (“City”) and BrightView Landscape Services, Inc., a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for bids or Invitation for bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a bid or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Cypress’s Charter and Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest [2]
professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Contractor’s Proposal.
The Scope of Service shall include the Contractor’s Scope of Work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such bid and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate all sites and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total annual compensation, including reimbursement for actual expenses, shall not exceed Five Hundred Fourteen Thousand Four Hundred Eighty-Three Dollars and Eighty-Two Cents ($514,483.82) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written Notice to Proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following Principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the Director of Public Works or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except [7]
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its Principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part, the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance, which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
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(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement.
During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
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CANCELLATION:
SHOULD ANY OF THE ABOVE-DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Contractor Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ [10]
reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement, as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor [12]
shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event that Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District [13]
Court, venue shall lie exclusively in the Central District of California, in the County of Orange, State of California.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party [14]
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Contractor. In addition, the Contractor may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition, a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs [15]
the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. [16]
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Cypress, 5275 Orange Avenue, Cypress, California 90630 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. [17]
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.)
Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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01004.0001/301445.12 10/31/2016
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Cypress, a municipal corporation
_____________________________________
Ann Hertz-Mallari, Mayor
ATTEST:
____________________________________
Alisha Farnell, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________________
Fred Galante, City Attorney
CONTRACTOR:
BrightView Landscape Services, Inc.
_____________________________________
_____________________________________
By:
___________________________________
Name:
Title:
By:
___________________________________
Name:
Title:
Address: ______________________________
______________________________
______________________________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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EXHIBIT “A”
SCOPE OF SERVICES
All work embraced herein shall be accomplished in accordance with the applicable portions of the “The Brown Book – City of Cypress Supplement to the Standard Specifications for Public Works Construction,” Latest Edition, and applicable amendments. The City shall provide an electronic or paper copy of latest edition of the Brown Brook to Contractor.
ROUTINE MAINTENANCE
The Contractor shall assign the appropriate number of staff at the appropriate skill level and rank in their organization, to continuously improve the quality of Cypress Parks and Facilities. The Contractor understands and agrees by entering into the Agreement with the City of Cypress that the Public Works Director’s Representative shall be the sole source of interpreting the Specifications and the quality of work specified herein in writing and by the Cypress Public Works Landscape & Grounds Quality Maintenance Standards herewith. Should the Contractor fail to provide the City with the level of service specified, the Director’s Representative shall have the authority to direct the Contractor to add additional staff, equipment or both to achieve the maintenance standards specified herein.
Each morning, at the start of the workday, the Contractor’s Supervisor or their designated representative shall inspect each site and respond immediately to any malfunctions, vandalism, hazardous conditions or otherwise abnormal conditions that are inconsistent with the quality standards specified herein or threaten people and/or property by reporting the condition immediately to the Director’s Representative. Failure to inspect each site daily before 11:00 AM will result in a $300 penalty per site.
A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period:
1) shovel-cut all tree rings; 2) raise all trees branches per Specification; 3) mulch all areas; and, 4) eradicate all weeds and rodents in turf, planter beds, and hardscape areas.
The Contractor acknowledges each site’s irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of each site’ rotors/heads and lateral irrigation lines. Following the initial agreement startup repairs, the Contractor shall assume responsibility for future repairs of all irrigation heads and lateral lines as part of the base Agreement. The repairs of all other irrigation parts, from the remote control valves to the meter, shall be considered extra work and shall be performed after the signed approval by the Director’s Representative.
Routine maintenance shall include, but not be limited to, the following services performed at the Work Sites and per the City of Cypress Public Works written Specifications and the Landscape and Grounds Quality Maintenance Standards.
PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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1.0 GENERAL PROVISIONS
1.1 The Contractor shall furnish all labor, equipment, materials, and supervision to perform maintenance as described herein including, but not limited to the following:
(a) Weeding, cultivating, and brush control both mechanically and with chemicals.
(b) Fertilizing.
(c) Shrub and groundcover trimming, and pruning.
(d) Irrigation programming, monitoring, maintenance, and repair. (e) General pesticide management including, but limited to, rodent, insect, weed and disease control.
(f) Mowing, verticutting, and aerfifying.
(g) General litter control, refuse removal, removal of debris in parking lots, and grounds policing.
(h) Plant replacement.
(i) Hardscape and amenity cleaning including bleachers, dugouts, park signs, benches, picnic shelters, walkways, signage, bollards, lights and drinking fountains etc.
(j) Picnic area cleaning including shelters, trash receptacles, ash receptacles, pavement cleaning, tables and barbeques.
(k) Playground equipment and surfaces cleaning, wiping down, pressure washing and detailing.
(l) Reporting of vandalism, graffiti, or any safety concerns. (m) Contractor shall also be responsible for any damages due to personnel and/or equipment (i.e. should a mower damage a fence).
It shall NOT be the contractor’s responsibility to maintain or repair:
(a) Area lighting systems.
(b) Fencing.
(c) Gates.
(d) Any building located at the specified site.
(e) Graffiti.
(f) Vandalism.
(g) Damage resulting from vehicular accidents.
(h) Water, sewer, and electrical lines or systems, except to the extent required in the Specifications.
(i) Hardscape repairs (curbs, gutters, sidewalks, etc.).
1.2 The Contractor shall perform all work between the hours of 7:00 A.M. and 4:30 P.M., Monday through Sunday for all areas. Work performed outside of this time-period shall only be done with prior approval of the Director of Public Works, or authorized representative.
PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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2.0 CONTRACTOR PERSONNEL AND EQUIPMENT
2.1 Any employee who fails to work or act in an acceptable manner, as determined by the Director of Public Works, or Director’s Representative, shall be removed from working on City contracts immediately.
2.2 All Contractor personnel shall wear uniform collared shirts, pants and safety shoes and hats with the company name printed on the shirts and hats. They shall also wear reflective safety vests while working within parks, facilities and roadway rights-of-way. All uniforms shall be kept clean and professional looking and shall be replaced by the Contractor as wearing/fading occurs, or as requested by the Director’s Representative.
2.3 All Contractor trucks and other vehicles shall be of one color with the Contractor’s name or logo identified. All vehicles and equipment shall be in good condition and appearance. All vehicles shall contain a workable flashing yellow light (or lights) that shall be used while working on roadways, parking lots, bicycle areas, and pedestrian ways. All vehicles shall display a sign on the vehicle while working on City of Cypress areas indicating the Contractor is “Under Contract With The City of Cypress”. This sign shall be visible at all times. Irrigation vehicles shall also display a sign that indicates that “Sprinkler Checking in Progress” while this work is being performed.
2.4 Contractor shall comply with the provisions of the Immigration Reform and Control Act of 1986, Public Law 99-603.
2.5 Contractor shall establish a “Water Conservation and Irrigation Management Crew” dedicated to providing water conservation savings, water and irrigation management, irrigation improvement and maintenance services. The Contractor shall provide a minimum of one (1) full-time Certified Water Manager/Qualified Water Efficiency Landscaper and one (1) full-time irrigation personnel fully trained in all phases of landscape irrigation systems management, operation, electronic reporting, maintenance, adjustment and repair. Contractor has a period of ninety (90) calendar days from date of award to provide irrigators that have one of the following credentials: 1) a Certified Water Manager/Qualified Water Efficiency Landscaper (CWM/QWEL); 2) Certified Landscape Technician - Irrigation Certificate (CLT-I) from the California Landscape Contractor’s Association; OR completion of a Community College level landscape irrigation certification course. Verification of completion with a passing grade shall be considered proof of compliance.
2.6 The Contractor shall be required to assign one (1) designated supervisor and an alternate working as project manager for the duration of the Contract. This individual shall have a minimum of five (5) years of experience in landscape maintenance supervision and be a California Landscape Contractors Association (CLCA) Landscape Industry Certified PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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Technician (CLT-1), or have a certificate of completion of an accredited community college landscape/irrigation program. This individual shall NOT be a working supervisor, but rather they shall lead and direct the crew(s). The Contractor or his staff shall have experience and expertise in turf management, entomology, pest control, soils, fertilizers, plant identification, park facilities, and irrigation system maintenance. The supervisor and alternate shall be capable of communicating effectively, both orally and in writing, in English. This individual will be the contact person for this project and must be available to respond to inquiries, walk-through, and inspections of the project as required.
2.7 The designated supervisor shall perform a weekly maintenance inspection of all areas within the Scope. Such inspection shall be both visual and operational. It shall include a visual inspection of all areas within the Scope of the Agreement Specifications. Following the inspection, the supervisor shall prepare a written/pictorial list of any deficiencies and send such written information to the Director’s Representative.
2.8 Contractor’s Representative shall meet weekly with the Director’s Representative to review the Contractor’s weekly report, schedules and performance, resolve problems, and perform field inspections, as required.
At the request of the Director’s Representative, the owner or other senior contractor representative(s) shall be available to attend these meetings.
2.9 All work shall be performed in accordance with the highest landscape maintenance standards, as stated in the enclosed maintenance specification description and Cypress Public Works Landscape and Grounds Quality Maintenance Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the designated sites.
2.10 The Contractor will be required to complete landscape maintenance services as scheduled.
If the City and Contractor enter into a concurrent agreement for landscape services solicited under a separate bidding procedure, Contractor shall be required to designate dedicated maintenance crews and supervisory staff for each contractual obligation. Personnel assignment shall follow specifications set forth in the respective contract documents. It is the Contractor’s responsibility to schedule and dispatch crews adequately and in a manner that shall not interfere with either contractual obligations.
2.11 Contractor shall provide QAL/QAC certified pesticide personnel fully-trained in all phases of landscape pesticide laws, regulations, operation, electronic Notice of Intent (NOI)/reporting, equipment maintenance, adjustment and repair. Contractor has a period of ninety (90) calendar days from date of PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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award to provide state pest control licensed Qualified Applicator Certified/Licensed operators who will be applying pesticides, integrated pest management (IPM), or other approved biological products.
2.12 Payment Withheld/Deducted for:
(a) Work required in the specifications that is defective, incomplete, or not performed as outlined in the scope of work may be assessed a delinquency fee dependent upon the severity as detailed in this Agreement.
(b) Claims filed or reasonable evidence indicating probable filing of claims for damages caused by the Contractor to private or public property.
(c) Expenses incurred by the City to perform work required in the specifications that is defective, incomplete, or not performed. (d) Costs incurred by the City due to extra administration costs for additional inspections and subsequent correspondence or notifications.
2.13 All work shall meet with the approval of the City of Cypress Public Works Department Maintenance Division. There shall be a minimum of one (1) weekly meeting with the Contractor and the Maintenance Superintendent or his designee to determine progress and to establish areas needing attention.
2.14 Changes to the Agreement: The City reserves the right to make additions, deletions, revisions, or otherwise modify the contract maintenance Specifications. Changes in areas to be maintained may be made as the City accepts new areas and/or relinquishes control of currently maintained areas. Any and all such changes shall only be made upon written notification in the form of a Change Order. Costs to add/delete landscape maintenance areas shall be limited to original rates or extra work prices.
The City reserves the right to delete any site from the Contract upon 30 days written notice.
2.15 These Specifications are intended to cover all labor, material, and standards of architectural, landscaping, and mechanical workmanship to be employed in the work called for or reasonably implied by terms of same. Work on arterials of a minor nature which may not be specifically mentioned, but which may reasonably be assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the Specifications.
2.16 All day-to-day correspondence shall be addressed to:
By Mail: Maintenance Superintendent, City of Cypress, Public Works PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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Department, P.O Box 609, Cypress, CA 90630
By Phone: (714) 229-6760
By Email: [email protected]
3.0 EXTRA WORK
3.1 Extra work shall be performed by the Contractor or by competitive bid option using Contractor’s extra work pricing or lesser at the discretion of the City.
3.2 Extra work outside the performance requirements such as, but not limited to, shrub and tree planting, turf removal, irrigation installation and repairs, hand-watering including use of a water truck, and hardscape work may be required. This work shall be completed per the approved schedule.
3.3 Costs for extra work shall be based on “per unit” costs agreed to, or lesser, in this Contract or labor rate unit cost plus the cost of materials, if no line item exists.
3.4 Only those extra work items authorized via a bid from the Contractor and signed by the Director’s Representative shall be paid.
3.5 Extra work shall be performed by the Contractor’s extra work staff and not by regular maintenance personnel. Extra work shall be performed during regular working hours unless authorized by the Director’s Representative.
3.6 No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City before the work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs which were made without prior City approval. Documentation of contract compliance may be required on some occasions.
4.0 RECORDS / REPORTS
4.1 Pesticide Annual Use Report is due by July 1 of each year with the total amount of chemicals, including fertilizers, used on City property per CDPR (California Department of Pesticide Regulation) and NPDES (National Pollutant Discharge Elimination System).
4.2 Monthly Pesticide and Fertilization Use Report is due by the tenth (10th) of each month listing the Brand name of the pesticide/product, the EPA#, the active ingredient and its percentage, type product (liquid, granular, wettable powder, etc.), rate of application, and quantity of product used.
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4.3 Monthly Irrigation Electronic Inspection and Repair Sheet: To be filled out at the time of scheduled testing/repairing, and turned in daily or as directed by the Director’s Representative. The Irrigation Electronic Inspection and Repair Sheet shall be completed in its entirety, including but not limited to, programming of the irrigation controllers and specific repairs in agreement with the original Irrigation Construction Documents, Details and/or As-built Drawings.
Green Waste Report: This report is due on the tenth (10th) workday of each month. The information required is:
(a) The area from which the green waste was removed.
(b) The weight of the green waste.
(c) The company that is doing the recycling.
(d) Amount of green waste re-used in Cypress.
(e) Amount of green waste re-used outside City of Cypress. (f) Name of company, address and date.
4.4 Failure to Comply - Contractor shall be charged liquidated damages for each workday delay in submitting a required report in accordance with Liquidated Damages section as specified in these Special Provisions.
4.5 The Contractor shall keep accurate records concerning all of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees.
4.6 Monthly Maintenance Report - The Contractor shall complete a Monthly Maintenance Report indicating work performed and submit this completed report to the Director’s Representative. This report should also contain a description, including labor hours, equipment, and materials breakdowns, and costs to be used to accomplish any additional work which the Contractor deems to be beyond the Scope of Work of the Agreement. Under ordinary conditions, payment for this work will not be authorized unless the additional work, and costs thereof, are first approved in writing by the City.
4.7 Monthly Mulch Use Report – The Contractor shall provide a Monthly Mulch Use Report submitted to the Director’s Representative by the tenth (10th) of each month. The report shall include the vendor from which the mulch was purchased, certification that the mulch is in compliance with SB 1383 quality, the quantity in tons and cubic yards applied.
4.8 The Manager for the Landscape Maintenance Contract(s) will be the Maintenance Superintendent or his designee.
4.9 Within 15 days of the effective date of the executed Agreement, the Contractor shall, prepare and submit a written reports to the Maintenance PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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Superintendent or his designee. The Contractor shall be required to submit the following reports/documents:
(a) Daily, Weekly, Monthly, Annual and Seasonal Maintenance & Irrigation Inspection and Repair Schedules
i. The Contractor shall provide notification to the City of any change in scheduled work at least twelve (12) hours prior to the scheduled time for work
ii. The Contractor shall adjust his work schedule to compensate for all holidays and inclement weather
(b) Weekly Performance Report, including weekly maintenance inspection lists for all sites
(c) Possible Pesticide List with EPA numbers
(d) Weekly Irrigation Inspection Check List (to include controller and wire inspection for all sites and a list of any required repairs) (e) Monthly Electronic Irrigation Controller programming and repair charts
(f) Cost information to perform extra work: As needed, or as requested by the City
(g) List of Emergency Contacts
4.10 The Contractor shall provide the City with names and telephone numbers of at least two qualified persons who can be called by the Director’s Representatives when emergency maintenance conditions occur during hours when the Contractor’s normal work force is not present within the City.
Failure of the Contractor to notify the City Representative of any change and/or failure to perform an item of work on a schedule day may result in deduction of payment for that occurrence.
5.0 ANNUAL SCHEDULES
5.1 Scheduled and Seasonal Duties must be performed by the Contractor at agreed-upon schedules or liquidated damages will be imposed per Section 8 of these Specifications. The Director’s Representative shall approve all schedules and revisions at least 7 days prior to implementation.
5.2 Contractor shall provide the Director’s Representative with the appropriate work schedule at least 7-days prior to starting work.
5.3 Failure of the Contractor to notify the Director’s Representative of any change and/or failure to perform an item or work on a schedule day shall result in deduction of payment for that occurrence.
5.4 Contractor shall adjust their schedule as necessary for all holidays to ensure that all work and locations are completed in lesser days during the week in which a holiday falls.
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6.0 PERFORMANCE ON SCHEDULE
6.1 Contractor will be provided the opportunity for adjusting work schedules to meet special circumstances.
6.2 Failure of the Contractor to notify the Director’s Representative of any change and/or failure to perform an item or work on a schedule day shall result in deduction of payment for that date or week.
7.0 WORKMANSHIP
7.1 All work shall conform to accepted City and Horticultural Industry standards.
8.0 LIQUIDATED DAMAGES
8.1 Schedule and Performance Failure
Five-hundred-dollars ($500.00) shall be deducted from the Contractor’s monthly payment for each schedule and/or performance failure. These deductions may be assessed on a per occurrence, per location, per acre or per valve basis, or per task basis, etc. at the discretion of the Director’s Representative and shall be deducted from amounts due the Contractor on a monthly basis.
8.2 Staff Credential Failures
Five-hundred-dollars ($500.00) shall be deducted from the Contractor’s monthly payment for each non-credentialed/non-approved supervisor, irrigation technician and pesticide operator. A maintenance task not performed to an acceptable standard, as determined by the Specifications and the Director’s Representative, may be assessed a deduction of threehundred-dollars ($300.00) on a per occurrence, per location, per acre or per valve basis, at the discretion of the City Representative and shall be deducted from amounts due the Contractor on a monthly basis.
8.3 Continued failure of the Contractor to provide acceptable services shall give the City the right to deliver the services by other means for said deficiencies and back-charge the incumbent Contractor for the incurred costs, including administrative costs associated with having the work completed by other means.
8.4 Failure on the part of the Contractor to adhere to Section 9.0 “Regulatory Requirements” shall incur a five-hundred-dollar ($500.00) deduction per infraction.
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8.5 Contractor shall be notified in writing each time Contractor’s performance is unsatisfactory and corrective action is necessary.
9.0 REGULATORY REQUIREMENTS
9.1 Contractor shall be responsible for providing a safe work place and for compliance with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupation and Safety Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), and any other applicable government laws.
9.2 Traffic Control: The Contractor shall submit to the City electronic Traffic Safety Plans for approval for all required sites in conformance with the California Manual on Uniform Control Devices (CA MUTCD). No work shall be performed without traffic control devices in place. The City standard is the State of California Department of Transportation (Caltrans) Traffic Manual, commonly referred to as the WATCH Manual. The Contractor will make every effort to keep commercial driveways open during working hours while adhering to the City-approved Traffic Safety Plans.
10.0 PERFORMANCE DURING INCLEMENT WEATHER AND SANTA ANA WINDS
10.1 Contractor shall adjust their work force by providing materials, labor and all items necessary in order to accomplish those activities that are not affected by weather during the periods when inclement weather hinders normal operations.
10.2 Contractor shall not remove his work force from the job site without prior authorization from the Director’s Representative. Contractor shall maintain an inclement weather crew by providing materials, labor and all items necessary on site at the Director’s Representative’s discretion for work outside of the normal working hours. Work performed outside the normal working hours shall be considered Extra and shall be paid per the Agreement unit costs.
10.3 Contractor shall stake, re-stake, tie, and/or re-tie trees as needed as directed by the Director’s Representative.
10.4 Contractor shall remove branches and debris resulting from inclement weather and Santa Ana Winds immediately.
10.5 Contractor shall regularly check and clean all areas and hardscape drains, catch basins and storm drains.
11.0 AREAS TO BE MAINTAINED
11.1 Contractor shall maintain the landscape and grounds areas identified in the PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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bid Price Sheet – Schedule of Work Items and as shown in Exhibit A “Maps – Locations of Work”.
11.2 Contractor hereby acknowledges that before submitting their bid for this Agreement, the Contractor has visited all existing areas to be maintained, verified the approximate size of each landscape area, noted for each location the proposed work and condition of each landscape area.
Contractor further acknowledges they accept the condition of the landscape/grounds areas as-is and will commit to improving said landscape/grounds to the level of maintenance specified in the Agreement Specifications and City of Cypress Public Works Landscape and Grounds Maintenance Standards.
12.0 IRRIGATION SYSTEM MAINTENANCE
12.1 Contractor is responsible for the landscape water conservation and irrigation system management/repairs for each site. Water Management includes monitoring and repair of all irrigation system components, minimizing irrigation water run-off to protect the City property, and reducing of risk from negative environmental actions. All costs for labor, materials, support, transportation, and all items necessary to complete repairs and replacements of laterals and heads/tubing shall be included in the various Scheduled Duty bid items on the bid bid Sheet – Schedule of Work Items and the Contractor shall not receive any additional compensation thereafter for those portions of the irrigation system (laterals/heads/drip tubing) covered under the base Agreement.
12.2 General – The City has a network of irrigation systems in operation. Its purpose is to ensure the survivability of existing and future landscapes.
Contractor shall coordinate with the City to protect and monitor the systems operations at all times so as to provide optimum growing conditions for turf and plantings and to minimize damage to the system.
12.3 Contractor shall submit an Electronic Irrigation Inspection and Repair Form after each site’s entire irrigation system has been inspected and repaired.
Should irrigation system deficiencies from the remote control valve to the water meter be discovered during inspection, the Contractor shall also submit an Authorization for Extra Work bid Form (AEW) for the Director’s Representative’s signed approval. The forms shall be filled out and turned in daily to the City Director’s Representative.
12.4 Contractor shall assign a Certified Water Manager/Qualified Water Efficiency Landscaper (QWEL) with the Director’s Representative on an ongoing basis to agree upon a watering schedule that will be programmed into the automatic irrigation controllers by both the City Representative from the main computer at the City Corporation Yard and by the Contractor in the PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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field for stand-alone controllers. The watering schedules shall provide optimum health and growing conditions.
12.5 Contractor shall implement a continuous plan of monitoring and making adjustments to the irrigation system components to ensure effective water utilization and adequate irrigation coverage of landscape areas. Monitoring shall include a comprehensive inspection of irrigation spray heads, system piping, valves, and controller clocks to ensure their proper operation.
Adjustments to the system components shall include adjusting head or nozzle spray, throw-direction and distance; flushing, manipulation, disassembly and assembly of irrigation zone valves to free up obstructions; and coordinate programming of controller clocks with the Director’s Representative. Contractor responsibilities related to monitoring and adjustments shall be performed at approximately equal intervals during the months the irrigation systems are in operation. The Contractor shall repair and adjust all sprinkler heads to maintain proper and uniform water application and adhere to all State, County, and local regulations accordingly.
12.6 Contractor shall respond within two (2) hours of a City request during normal work hours with the necessary personnel, equipment, and supplies to perform system component adjustments. No additional payment will be made to the Contractor to respond to calls or requests by the City for adjustments to the systems.
12.7 Contractor shall be available 24 hours per day, seven days per week to respond to all landscape/grounds/irrigation emergency calls within one (1) hour of notification. Failure to respond in such time may result in a $500.00 penalty per incident. Repeat incidents may result in termination of the Contract. Emergency calls shall be billed to the City as Extra Work.
12.8 In the event that emergency work is required, the Contractor shall notify the Director’s Representative by telephone in advance of any work performed.
The City will pay for landscape/grounds/irrigation call-outs only if inspection reports are current.
12.9 The Contractor shall promptly notify the Director’s Representative in writing of irrigation deficiencies discovered during daily inspections of each site.
Contractor shall make repairs within 24 hours unless otherwise directed by the Director’s Representative. Upon approval by the Director’s Representative, the Contractor shall make repairs to the irrigation systems lateral irrigation lines and heads/drip tubing at no additional cost to the City.
Repairs to the irrigation systems components from the remote control valve to the main line leading from the City water meter shall be considered Extra Work. The Extra Work repairs shall be approved in advance by the Director’s Representative. The AEW bid shall include all labor, material, and PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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cost of rental equipment (not owned by the Contractor) to correct the defects and/or replacements, including, but not limited to the following items of work:
(a) Irrigation spray head nozzle replacement;
(b) Irrigation head replacement which includes excavation, piping and pipe fitting replacement, backfilling, seeding, and mulching; (c) Electrical valve replacement which includes excavation, removal and reinstallation of valve box, piping modifications if necessary, signal conductor splicing, using approved waterproof connections, backfilling, seeding, and mulching;
(d) Electrical valve solenoid replacement;
(e) Electrical valve diaphragm replacement;
(f) Electrical valve spring replacement;
(g) Quick coupler replacement, which includes excavation, removal and replacement of box and/or cover, backfilling, seeding, and mulching; (h) Replacement of piping or any component of the entire system outside five (5) feet of a pumping station;
(i) Mainline repairs up to 4” in diameter down to a depth of 36” which includes excavation, removal, repair, backfilling, seeding, and mulching. The City has mainlines ranging from 1” to 4” in diameter.
All mainlines repaired in the previous 6 months prior to this Contract Document being issued for bids were 2” diameter and smaller.
Drip/Subterranean Irrigation Systems Maintenance is as follows:
(a) Contractor shall walk the irrigation system area and visually inspect the landscape and boxed trees for:
•Plant vigor
•Excessively wet soil
•Dry soil
(b) Contractor shall flush all strainers every 60-days and all end caps (drip systems) every 30-days. After completion of the inspection, the Contractor shall make all necessary repairs to the system to function as designed.
(c) Contractor shall not make any modifications to the existing automatic irrigation system without express written approval from the Director’s Representative. Any approved changes shall be noted by the Contractor on a copy of the Irrigation Plan and As-Builts and submitted to the City within five working days of the completion of the work.
(d) After review of the original Irrigation Construction Documents/Details and/or As-built Drawings, the Contractor discovers the irrigation PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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system had been previously-modified not per Plan, the Contractor shall restore the irrigation system to its original design per Plans/Details and/or As-builts, unless otherwise directed by the Director’s Representative.
12.10 Turf and planter Irrigation – Irrigate as necessary to maintain proper growth rate, optimum appearance, and the health of the turf plant. (a) Contractor must schedule irrigation with the Director’s Representative, via the computerized central irrigation management system if the controller is on the central system, or, to schedule the field controllers if not on the central control system, and notify the Director’s Representative via the Irrigation Inspection and Repair Form.
(b) The Contractor shall immediately provide supplemental irrigation to any area of the landscape showing signs of stress. The Contractor shall provide supplemental irrigation by any means necessary with the approval or direction of the Director’s Representative. (c) Contractor shall physically check a site’s entire irrigation system monthly and more often if necessary. Following inspection, the Contractor shall complete/submit the Electronic Irrigation Inspection and Repair Form immediately.
12.11 Contractor shall adjust all irrigation control valves as needed to ensure full coverage. The systems shall never mist.
12.12 Contractor shall raise all irrigation components to grade in turf areas as directed by the Director’s Representative at no additional cost to the City.
This includes all valve boxes, quick coupler boxes and sprinklers.
13.0 ANNUAL IRRIGATION SYSTEMS MAINTENANCE
13.1 In the event of a drought condition, including mandatory water-rationing, the City shall have the authority to modify the requirements described in these Specifications.
13.2 Contractor shall test, adjust and have certified all anti-syphon backflow prevention devices within the Contract limits.
(a) Contractor shall pay all costs for test equipment, parts and labor to have a Certified Backflow Prevention Device Tester complete the test for each backflow prevention device. Should a backflow prevention device fail its test, the Contractor shall submit a AEW bid to repair the unit until it passes inspection. The cost of retesting/certification shall be by the Contractor. The City may also request competitive bids from licensed landscape or plumbing PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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companies. The Director’s Representative shall notify the Contractor in writing each year of the schedule to test each backflow prevention device.
The City has a total of 32 backflow devices as part of this Contract as follows:
1” - 2 each
2” - 27 each
3” - 1 each
4” - 2 each
13.3 Contractor shall adjust all irrigation control valves to meet the manufacturers’ Specifications. The Contractor’s Representative shall test the last sprinkler on each control valve with a pressure gauge installed in line with the nozzle or with a Pitot tube and gauge.
13.4 Complete all annual irrigation system maintenance between November 1 and March 31 each year in which this Contract is in force.
13.5 Contractor shall repair and replace all system components identified for repairs with an identical brand name component per the original Irrigation Plans/Details and/or As-built Drawings. If an alternate brand name is recommended, the Contractor shall obtain prior approval in writing by the Director’s Representative.
14.0 TURF MAINTENANCE
14.1 Mowing – All turf is to be mowed a minimum of once per week, or as needed to maintain the height specified:
Grass Type Height
Priority/Sport Turf
(Warm-season turf grass including
Bermuda, St. Augustine and Kikuyu):
Cool season turf grass Perennial Rye
¾ to 1 inches
1 to 1 ½ inches
Grass Type
Park Turf
Warm-season turf grass
1 1/2 to 2 inches
The Contractor shall establish a “Turf Management Crew” dedicated to providing turf management, improvement and maintenance services. In addition, the Contractor shall provide extra staff to perform annual sport/priority turf renovation services. These extra staff shall not be part of other dedicated maintenance crews.
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Turf Care – shall be differentiated by the two types of turf – “Park Turf” and “Priority/Sport Turf” (see areas indicated on the site maps). The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades. Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director’s Representative. All visible turf clippings shall be removed from the site the same day turf care occurs. The Contractor shall prevent turf clippings from leaving the site into streets or any other adjacent properties. All turf and hardscape areas shall be free of turf clippings, plant debris and trash at the end of the scheduled mow day. A combination of mulch and bag mowing is acceptable depending on the area being mowed as long the mulch mowing debris is equally distributed into the turf area and no debris is left on the top of the turf. Mowed turf and debris shall be vacuumed, picked up and disposed of off-site daily. From time-to-time the Director’s Representative will direct the Contractor to change mowing patterns to minimize rutting and compaction.
14.1.1 Park Turf Mowing
All “park” turf (non-priority/sport turf) shall be mowed every other week, mid-November to mid-March of each year. “Park” turf shall be mowed each week mid-March to mid-November of each year. Each year the Director’s Representative will select the dates in midNovember and mid-March when the Contractor shall transition from every-other-week mowing to once-a-week mowing. The Contractor shall use a combination of mowers to complete each weekly mow, with at least one of the mowers being able to mow a width of at minimum 100” wide during a single pass, unless otherwise approved by the Director’s Representative. The Director’s Representative shall determine height of cut.
14.1.2 Sport/Priority Turf Mowing
All “priority” turf shall be mowed once a week all year. To achieve a quality cut at the height selected by the Director’s Representative, the Contractor shall use a fairway, greens and walk-behind reel mower combination. As an alternative, the Contractor may use a tractor equipped with turf type tires and tractor powered Trimax ProCutS3-237 91” rotary mower for areas over 91” and greens/ walkbehind reel mowers for medium to small areas. The Contractor shall perform quality sport turf mowing and detailing to the Director’s Representatives satisfaction. Ball diamond infield turf maintenance shall be performed by others. The Contractor shall mow the outfield PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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turf areas out to 36” beyond the skinned infield arc using a greens or walk-behind reel mower.
14.2 Edging and Detailing
14.2.1 Edging/detailing shall be performed at the same time mowing occurs.
14.2.2 All edging/detailing shall be performed with the use of an edger or approved substitute walk-behind or fixed blade stick edger. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite,
asphalted concrete paved areas, pavers, mow strips, etc.
14.2.3 Edging/detailing may occur with string trimmers around upright and/or flush site amenities (i.e. valve boxes) that are not immediately adjacent to paved surfaces. The Contractor shall not detail turf down to bare soil. The Contactor shall detail turf around amenities using a string trimmer so the turf remains growing up to the amenity.
14.2.4 Chemical detailing of turf is not allowed without the Director’s Representatives approval. If chemical detailing is performed without the Director’s Representatives written approval, the Contractor shall incur a penalty up to $300 plus the cost to repair the areas per the Director’s Representative’s direction.
14.2.5 The Contractor shall use a Bed Redefiner, or approved substitute, to edge straight lines along fences, walls, valve boxes, DG or AC pathways, other flat laying amenities or long flowing arcs. The Director’s Representative has the authority to require the Contractor to use string or rope lines to achieve straight or flowing arc lines if the Contractor’s staff fails to achieve this quality without this method.
14.2.6 The Contractor shall detail around trees, along walls/fences and other amenities, first using a Bed Redefiner and/or sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established, a string trimmer may be used to maintain the circle. Should the circle begin to deform, the Director’s Representative shall direct the Contractor to repeat the detail process. Bed Redefiner/shovel cut detailing shall be repeated as often as necessary to maintain crisp evenly round/straight lines. In the event that the circle becomes too great, the Director’s Representative shall direct the Contractor to seed PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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the area around the tree at the Contractor’s expense to the size instructed by the Director’s Representative.
14.3 Turf Annual Renovation-Overseeding
Prior to performing turf renovation, the Contractor shall install “Park Improvement” metal signs, mounted on metal stakes, every 300 lineal feet, notifying the public of another Cypress improvement project in progress.
Annual turfgrass renovation is a Seasonal Duty that will be scheduled between the Director’s Representative and the Contractor. The work shall be billed only upon completion per the Seasonal Duties bid Document.
All seed quantities and type specified shall be verified by the Director’s Representative prior to seeding.
14.3.1 Non-Kikuyugrass Park Turf shall be renovated-overseeded one-time per year, April through May. Contractor shall use Stover Seed Whittet Kikuyugrass at 2LB/1,000SF in bare or non-Kikuyugrass areas.
14.3.2 Existing Kikuyugrass Park Turf shall be renovated one-time per year, April through May, by reverse-flailing the turf down to 1”. All turf thatch and clippings shall be collected and disposed of offsite.
14.3.3 Priority/Sport Turf shall be renovated beginning in October, per the Director’s Representatives approved schedule.
Contractor shall use Stover Seed Grand Slam Perennial Rye seed at a rate of 8lb/1,000SF.
14.3.4 Priority/Sport Turf shall be renovated beginning in May, per the Director’s Representatives approved schedule.
Contractor shall use Stover Seed Whittet Kikuyugrass seed at a rate of 2lb/1,000SF.
Note: Once all turf is 100% Whittet Kikuyugrass the Director’s Representative may decide not to perform fall turf renovation if healthy Kikuyugrass is not going dormant.
The process for renovation-overseeding shall be as follows:
(a) Lightly water turfgrass for dust control
(b) Reverse-flail turfgrass to ¼” inches and remove debris using equipment that is capable of containing dust and particulates (c) Dethatch using Wiedenmann Super 500 Verticut implement or equal to a depth of ½ inch below soil line
(d) Rake/vacuum all debris and dispose off-site daily
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(e) Aerify, per Contract requirements, using AerWay aeration equipment with AerWay Shattertine tines or approved equal (f) Bag Mow turfgrass at ¼” inches
(g) Apply 7-1-2 California Organic Phytaboost Fertilizer at 1 LB of actual nitrogen per 1,000 SF
(h) Apply a uniform, machine-spread 33CY/Acre layer of an approved ¼” organic topper over entire area
(i) Clean up debris from all hardscape and tree wells daily (j) Irrigation check and repair
(k) Keep seed moist throughout germination and until 1st mow Contractor shall provide equipment for the annual turfgrass renovation that is able to contain and prevent dust particles from becoming airborne. Contractor shall apply sufficient moisture to prevent dust particles from becoming airborne. Failure to prevent dust particles from becoming airborne may result in performance deductions being applied.
14.4 Overseeding Germination Assurance - The Contractor shall assure 100% uniform germination within 10 weeks from the time the first application of seed or will be required to sod any thin or bare areas with “thick cut” (thickest available cut) West Coast Turf Improved Kikuyugrass during warm season and West Coast Turf Improved Kikuyu Sod that has been “cropped over” with perennial rye grass. Renovation must be fully-completed within three months of field closure. The Director’s Representative shall determine the quantity of thick cut sod needed to achieve 100% coverage.
14.5 Spring Perennial Rye Grass Removal – The Contractor shall eradicate perennial rye grass once soil temperatures reach sixty-five (65) degrees using a selective herbicide (i.e. Revolver).
14.6 Replanting
14.6.1 Should turf begin to stress or die-back for any reason, or become thin in appearance, the Contractor shall immediately apply supplemental water to hydrate the affected area(s). The Contractor shall also meet with the Irrigation Consultant and coordinate the irrigation programming to germinate seed. The Contractor shall then overseed these turf areas using Stovers Seed Company Whittet Kikuyugrass (spring/summer) or
Stovers Grand Slam FS (fall/winter) seed and topper at the rates listed herein.
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14.6.2 Should the Contractor’s seed germination effort fail within four (4) weeks of effort, the Contractor shall install thick cut sod to those turf areas using West Coast Turf Improved Kikuyu sod.
14.6.3 The Contractor understands and accepts that at the beginning of the Agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the Agreement, shall routinely and at no extra cost to the City, repair thin or bare turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established.
14.7 Mackay Park sport turf shall be kept as a Hybrid Bermuda turf. Any other grass in the sport turf shall be considered to be a weed and removed immediately either mechanically or by chemical means. Contractor shall ensure that mow equipment is cleaned by washing prior to beginning mow operations at Mackay Park. Mackay Park shall be the first park to be mowed on its scheduled mow day.
14.8 The Contractor shall eliminate weeds in all turf areas through mechanical and/or chemical means. Chemicals shall be furnished by the Contractor and applied per California Department of Pesticide Regulations. The City Representative shall approve all chemical applications. There shall be no visible weeds in turf areas at any time. Failure of the Contractor to not maintain turf without visible weeds shall be cause for performance deductions to be applied to the monthly invoice in accordance with these Contract requirements. Contractor awarded this Contract shall have all turf areas weed-free within 60 calendar days from the first day of work and shall maintain all turf areas weed free for the remainder of this contract. Cost for this work shall be included in the various Scheduled Duty bid items as shown on the bid Sheet – Schedule of Work Items and no further compensation shall be made thereafter.
14.9 The Contractor shall perform soil fertility analysis’ at individual sites, one (1) test for every five (5) acres, as directed by the City in the month of December and review the analysis with the Director’s Representative in the month of January. Fertilization and pre-emergent herbicide applications based on the soil fertility analyses are a seasonal duty that will be scheduled between the Director’s Representative and Contractor.
14.10 Turf Fertilization/Pre-emergent application – In addition to fertilization that is included as part of the annual turfgrass renovation process, all park and facility turf shall be fertilized and additional two (2) times per year using an organic fertilizer. City must approve the material used. Apply at the following rates and time:
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February 7-1-2 California Organic Phytaboost fertilizer at one pound actual nitrogen per 1,000 square feet.
June 7-1-2 California Organic Phytaboost fertilizer at one pound actual nitrogen per 1,000 square feet.
Contractor shall include any costs incurred in purchasing and applying fertilizers, pre-emergents and broadleaf/turf type weed control into the various Seasonal Duty bid items as shown on the Proposal Bid Sheet – Schedule of Work Items and no further compensation shall be made thereafter.
Contractor shall apply material using a rotary type spreader, ensuring uniform overlap. All excess fertilizer deposited on sidewalks, parking lots, and other hardscape areas shall be properly cleaned and removed prior to irrigating.
Contractor shall be responsible for watering-in all fertilizers after each application.
14.11 All materials must be approved by the Director’s Representative. Packing Slips or equally-verifying quantities delivered/used must be submitted to the Director’s Representative and listed on a “Monthly Fertilizer Use Report.”
14.12 Civic Center Turf – Contractor shall hand water turf as necessary to assure the turf is always in a green and healthy condition. If water is unavailable via quick couplers, the Contractor shall obtain water from their own source.
A water truck shall be used to transport water into the City. The water truck shall not drive on the Civic Center Turf Green Area. Contractor shall water the turf with a hose attachment to the water truck. Cost for this work shall be included in the Civic Center Scheduled Duty bid item as shown on the bid Sheet – Schedule of Work Items and no further compensation shall be made thereafter.
15.0 PLANTER MAINTENANCE (PLANTS, SHRUBS AND VINES)
The Contractor shall establish a “Plant, Shrub, and Vine Management Crew” dedicated to providing plant management, improvement and maintenance services. In addition, the Contractor shall provide extra staff to perform Extra Work. These extra staff shall not be part of other dedicated maintenance crews.
15.1 Contractor shall maintain all ground cover areas and ensure that they are in a trimmed, weed free condition.
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15.2 Weed Control – Weeds shall be removed as they appear. A pre-emergent herbicide shall be used where appropriate in shrub and ground cover beds.
Grass infestations shall be treated immediately when observed.
15.3 Contractor shall eliminate weeds in all planter areas (including dirt and mulch only areas) through mechanical and/or chemical means. Chemicals shall be furnished by the Contractor and applied per California Department of Pesticide Regulations. The Director’s Representative shall approve all chemical applications. There shall be no visible weeds in planter areas at any time. Failure of the Contractor to not maintain planters without visible weeds shall be cause for performance deductions to be applied to the monthly invoice in accordance with these Contract requirements. Contractor awarded this Contract shall have all planter areas weed free within 60 calendar days from the first day of work and shall maintain all planter weed free for the remainder of the Contract. Cost for this work shall be included in the various Scheduled Duty bid items as shown on the bid Price Sheet – Schedule of Work Items and no further compensation shall be made thereafter.
15.4 Plant, shrub and vine maintenance shall include:
(a) Continuously prune all groundcover, shrubs and vines to maintain the size and shape specified by the Director’s Representative.
Pruning shall be accomplished to maintain a “natural” appearance.
Formal, decorative, poodle cuts or other unnatural pruning will not be permitted unless approved by the Director’s Representative. (b) All planter maintenance debris shall be vacuumed/picked up and disposed of off-site daily. Disposal of planter maintenance debris shall be legally disposed of by the Contractor at a private disposal site as approved by the City. Debris shall not be brought to or disposed of at the City Corporation yard. (c) Remove all dead, diseased, or damaged branches back to a side branch. Contractor shall not leave branch stubs.
(c) Contractor shall remove dead/declining shrubs and then backfill to existing grade with imported soil as necessary to maintain a consistent finished grade. Sinkholes will not be acceptable as it represents a liability to the City. Replacement of shrubs will be in accordance with the City Extra Work Unit Cost Sheet. Contractor shall replace any groundcover, shrubs, or vines due to Contractor’s negligence with like-species and size plant material at no additional cost to the City.
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(d) Contractor shall pay careful attention not to prune or trim shrubs prior to blooming. Continuously, at the conclusion of blooming of plants (such as Raphiolepsis), all blooms shall be trimmed off or otherwise removed. Flower stalks on Agapanthus, Day Lilies, Bird of Paradise, Morea, and other similar plants shall be removed immediately after blooming or as directed by the Director’s Representative. (e) Contractor shall trim plant material regularly adjacent to curbs, sidewalks, and roadways to provide for proper, unobstructed circulation and road visibility.
(f) Contractor shall restrict growth to areas behind curbs and sidewalks, to tops of walls and fences, and two (2) feet from all private residences. Also, restrict growth of groundcovers away from shrubs, trees, and other structures. At the direction of the Director’s Representative, shrubs may have to be skirted to allow improved irrigation coverage.
(g) Contractor shall restrict growth, through pruning, to maintain safe road visibility and optimum irrigation coverage.
(h) Growth of woody plants shall be encouraged except where it interferes with circulation, maintenance activities, roadways, drainage facilities, fence lines, or other structures. Dead branches of plants shall be removed regularly.
(i) Grasses and other grass-like plant material shall be pruned down to 6” flush with finish grade in the spring and when directed by the Director’s Representative.
(j) Annual Color (4” pots) shall be removed and replaced (only at the front of the Civic Center at the Peace Officer Memorial) four (4) times per year.
15.5 Fertilization – Ground cover areas shall be fertilized twice per year, once in April and once in September, with the approved 7-1-2 California Organic Phytaboost fertilizer at a rate of 2 pounds actual nitrogen per 1,000 square feet.
(a) Contractor shall apply an application of an iron chelate fertilizer as needed throughout the year to maintain a healthy, vigorous growth and foliage.
15.6 Contractor shall trim and edge as necessary to restrict growth from encroaching on sidewalks, curbs, turf areas, roadways, or other adjacent areas and plants. Pruning methods and shape shall be determined by the PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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Director’s Representative. Growth retardants may be used as approved by the Director’s Representative.
15.7 Contractor shall irrigate as required to maintain adequate growth and reasonable appearance. Contractor shall water manually as necessary to maintain plants in a green and healthy condition.
15.8 Contractor shall control pests, including but not limited to, gophers, insects, fungus, and rodents, as necessary to maintain a healthy environment for plant growth.
15.9 Bare ground cover areas shall be kept cultivated and raked free of all debris.
15.10 All bare shrub bed areas shall be kept mulched. Remove all litter and other debris weekly.
15.11 Contractor shall purchase and install 833 tons of mulch the first year of the Contract. This amount will increase to 1,282 tons on or after July 1, 2024, to meet California State Senate Bill 1383 Organic Recycling requirements and shall meet reporting requirements such as providing documentation logs that include dates mulch is placed, amounts placed and locations placed. Contractor shall remove existing mulch if there is not sufficient room to apply the required tonnage each year. Contractor shall maintain mulch at a depth of three (3) inches in all shrub areas. Use of any mulch product shall be dependent upon submission of a sample for approval by the City Representative. The supplier must be able to demonstrate in writing that the suitability of the product is for use in public parks and right-of-way’s by certifying that the material does not contain sewage sludge, animal wastes or heavy metal contaminants. The Contractor is responsible for all mulch for this contract, which includes labor for application. Contractor shall mulch all areas that do not have three (3) inches of mulch within 30 calendar days from the first day of work and shall maintain 3” of mulch in all planters for the remainder of the contract.
15.12 Contractor shall continuously keep parking lots and parking areas clean and free of weeds. Keeping parking lots clean and free of trash, debris and weeds shall be included in the various bid items for each park that contains a parking lot or parking area.
15.13 Nature Park/Retarding Basin – Contractor shall maintain the park in a natural state. The City right-of-way from concrete/asphalt joint to the fence line and from the fence line to the edge of the tree line (top walking path) shall be kept weed free at all times. The slope shall remain in a natural state.
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The entire lower portion of the retarding basin shall be mowed and brush cleared to the edge of the slope once-annually prior to the start of the rainy season (October 1st). Once, prior to the annual opening of Nature Park (May), Contractor is responsible to provide a 10’ wide foot path from the east end to the west end of basin and around the perimeter of the concrete pad in the basin by mowing or trimming it down to 2” in height. In summary, other than keeping the noted area above weed-free at all times, the Contractor is only responsible to perform mow operations 2 times per year.
16.0 TREE CARE
16.1 Contractor shall stake and support trees, in accordance with City of Cypress Standard Plans. The Contractor shall provide all tree stakes and approved hardware as needed for re-staking existing trees, as required. The Contractor shall not receive any additional compensation if they are asked to re-stake an existing tree.
16.2 All mature City trees shall be kept raised by the Contractor to eight feet (8’) over sidewalks and landscaping, and 13 feet-6 inches (13’ 6”) over vehicles areas and parking lots and as directed by the Director’s Representative. All pruning shall comply with ISA (International Society of Arboriculture) Standards. Juvenile (less than 18’ tall) trees shall be allowed to retain lower branches (as specie appropriate) until the trunk has developed to a point that stakes are no longer necessary to support the crown of the tree.
16.3 Contractor shall remove dead trees up to 4” DBH, backfill and compact to existing grade. Should a tree die due to the Contractor’s negligence, they will be responsible for replacing the tree with a like species and size of tree at no additional cost to the City.
16.4 Stakes and ties shall be placed so no chafing or girdling of bark occurs.
16.5 All guys, ties and stakes shall be checked regularly to avoid girdling and damage to trees, and shall be removed only with the approval of the Director’s Representative.
16.6 Contractor shall pick up tree debris and branches on the ground as needed.
Re-stake or remove leaning trees at the direction of the Director’s Representative. The Contractor shall provide all tree stakes and approved hardware as needed for re-staking existing trees. The Contractor shall not receive any additional compensation if they are asked to re-stake an existing tree.
16.7 Trees whose trunks are significantly damaged by Contractor’s personnel shall be replaced with one of equal size and species at no additional cost to the City.
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16.8 All tree care debris shall be vacuumed, picked up and disposed of off-site daily. Disposal of tree care debris shall be legally disposed of by the Contractor at a private disposal site as approved by the City. Debris shall not be brought to or disposed of at the City Corporation yard.
17.0 GENERAL GROUND MAINTENANCE
The Contractor shall establish “General Grounds Maintenance Crews” dedicated to providing grounds maintenance and improvement services. In addition, the Contractor shall provide extra staff to perform extra work services. These extra staff shall not be part of other dedicated maintenance crews.
17.1 The Contractor shall dedicate the appropriate number of employees, not the Supervisor, to provide general daily grounds maintenance and inspection (Monday through Sunday) prior to 11:00 a.m. and remove all litter and debris that is on the ground and place it into a lined trash can that is located on the site. If refuse, debris or litter is not removed during the site visit, said litter or debris will be considered an emergency and removed immediately upon notification by the Director’s Representative. Failure of said removal may result in deduction of payment.
Contractor shall submit to the City for approval a form to document that each location was completed daily (include employee name, location, date, time, notes to indicate observations and maintenance performed). The form shall be used daily and submitted to the City on a weekly basis.
17.2 Play Areas - Play areas and tot lots (rubberized and sand/chips surfaces), sand volleyball courts, and basketball courts shall be kept weed, trash and debris free at all times. All playground equipment shall be inspected daily for vandalism, damage, graffiti, defects or wear and report safety issues to the Director’s Representative immediately. Contractor shall air-blow rubberized surfaces and equipment to remove debris and wipe down playground equipment each week with soap and water to remove items such as dirt, spilled food/drink and spider webs. This work shall be documented on the form in Section 17.1 above.
Playground equipment at Damron & Vessels Parks’ tot lots, located at 5400 Myra Avenue and 5900 Cathy Avenue, are included in this Scope of Work.
Contractor shall air-blow rubberized surfaces and equipment to remove debris and wipe down playground equipment each week with soap and water to remove items such as dirt, spilled food/drink and spider webs.
This work shall be documented on the form in Section 17.1 above. There are no maps for these two locations in Exhibit “A” and there is no specific bid item for this work and the Contractor shall absorb their cost PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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for this work into costs for other various Scheduled Duty bid items as shown on the Proposal Bid Sheet – Schedule of Work Items and no further compensation shall be made thereafter.
Sand volleyball courts and playgrounds shall be raked, sifted and leveled each week. Sand volleyball courts and playgrounds shall to be rototilled, raked, sifted and leveled every 3 months (quarterly). The Contractor shall add sand to volleyball courts using #20 silica sand, when necessary, at no additional cost to the City. This work shall be documented on the form in Section
17.1 above.
Cost for this work shall be included in the various Schedule Duty bid items as shown on the bid Sheet – Schedule of Work Items and no further compensation shall be made thereafter.
17.3 Picnic Areas - Barbeques shall be emptied into a fire-safe receptacle weekly.
Picnic, trash receptacles, and shelter tables shall be cleaned using a pressure washer with boiler, soap and water weekly. Picnic areas shall be cleaned using a pressure washer with boiler, soap and water weekly. Picnic areas (benches and concrete areas adjacent to benches) shall be washed down cleaned using a pressure washer with boiler, soap and water weekly. At the commencement of this Contract, all barbeques shall be thoroughly cleaned and painted with an approved heat-resistant anti-rust black paint. Damage to picnic structures, picnic tables or barbeques are to be reported to the City Representative immediately. This work shall be documented on the form in Section 17.1 above.
17.4 Tennis Courts – Tennis courts shall have trash and debris removed daily and courts and sidewalks around the tennis courts shall be airbroomed weekly on Wednesday’s between 12:00 p.m. and 4:00 p.m. Tennis courts shall be cleaned using a pressure washer with boiler, soap and water monthly, or as requested by the Director’s Representative on Wednesday between 12:00 p.m. and 4:00 p.m. Benches in the area of Tennis Courts shall be wiped down on Wednesday’s between 12:00 p.m. and 4:00 p.m. This work shall be documented on the form in Section 17.1 above.
17.5 Bleachers and Benches – Bleachers and benches throughout parks and adjacent to facilities shall be cleaned free of debris and wiped down with soap and water, and pressure washed weekly, or as requested by the Director’s Representative. This work shall be documented on the form in Section
17.1 above.
17.6 Civic Center, Community Center, Senior Center, Skate Park, Pickle Ball Courts and Hockey Rink – Areas shall be airblown and cleaned free of debris daily. This work shall be documented on the form in Section 17.1 above.
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17.7 Mutt Mitts – City will provide Contractor with Mutt Mitts (pet waste bags).
Contractor shall be keep Mutt Mitt Containers filled as needed. There are 9 Mutt Mitt Containers as part of this contract as follows:
1) Peppertree Park
2) Manzanita Park
3) Maple Grove North Park
4) Maple Grove South Park
5) Eucalyptus Park
6) Pinewood Park
7) Evergreen Park
8) Darrell Essex Park
9) Mackay Park
This work shall be documented on the form in Section 17.1 above.
17.8 All general ground maintenance debris shall be vacuumed, picked up and disposed of off-site daily. Disposal of general ground maintenance debris shall be legally disposed of by the Contractor at a private disposal site as approved by the City. Debris shall not be brought to or disposed of at the City Corporation yard.
17.9 All trash receptacles shall be serviced daily. Receptacles shall have new trash liners once trash is ½ full in the receptacle. Receptacles shall be clean and washed with soap and water as necessary to keep them in a clean sanitized condition. Hardscape around the trash receptacles shall be clean and free of stains and any debris.
18.0 HARDSCAPE MAINTENANCE
18.1 During each site visit (daily), concrete areas including driveways, sidewalks, parking lots, mow strips, decomposed granite walkways, tree wells and walk/bike paths shall be checked and cleaned including but not limited to removal of dirt, weeds, debris, paper, cans, bottles, leaves, animal feces, glass, stains or other items. All expansion joints and cracks are to be maintained free of weeds and dirt, litter, and other debris.
18.2 Contractor shall notify the Director’s Representative should he/she observe any holes, separation of sidewalk panels, raised areas, off-sets over ¾” or other conditions which could affect pedestrian travel.
18.3 Vacuums, blowers, sweepers, high-pressure hot water washers or other approved means may be used to clean hardscape areas. However, debris shall not under any circumstances be blown or otherwise swept onto adjacent streets, into planter or turf areas, or adjacent property. All debris must be picked up by the Contractor and removed from the site. Any equipment that is used for cleaning hardscape must be approved by the PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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Director’s Representative. Contractor shall NOT air-blow decomposed granite walking trails as they should be raked and dragged with a ball diamond drag mat only.
18.4 To comply with NPDES (National Pollutant Discharge Elimination Systems) and WQMP (Water Quality Management Plan) watershed protection standards the Contractor shall exercise care when cleaning hardscape surfaces to prevent sheet-flow run-off of rinse water from running into storm drain structures. All rinse-water generated during the execution of this Contract shall be contained on-site and either collected or managed so it is deposited in landscaped areas and absorbed into the soil.
18.5 All hardscape maintenance debris shall be vacuumed, picked up and disposed of off-site daily. Disposal of hardscape maintenance debris shall be legally disposed of by the Contractor at a private disposal site as approved by the City. Debris shall not be brought to or disposed of at the City Corporation yard.
19.0 RODENTS/PESTS/WEEDS
19.1 All turf areas, planters, trees, soil, fence lines and footpaths are to be kept free of insects, pathogens, plant diseases, gophers, ground squirrels, weeds or any other pest and disease. All soil deposits from rodents shall be removed from the roadway, turf area, planter or walkway immediately following rodent removal. Gopher and squirrel mounds shall be leveled out daily. This work shall be documented on the form in Section 17.1 above.
19.2 Contractor shall identify and treat to eradicate and/or control plant and turf pests and diseases as necessary to provide a healthy and safe environment for plants and the public.
20.0 PESTICIDES
20.1 The Contractor’s Pesticide Operators shall possess and maintain a Pest Control applicator’s license, State of California. Note: Contractor shall also obtain all local agency pest control licenses and restricted use permits as required. All pesticides use shall be in accordance with state and local laws.
Use of Roundup, KleenUp, Accord, Imitator, Eraser, Pronto, Rodeo, or other herbicides containing Glyphosate is not permitted.
20.2 The City must maintain all documents that pertain to the use of pesticides on its property. At a minimum, the Contractor must provide the Director’s Representative with all of the following:
(a) A copy of the Contractor’s Orange County Agricultural Commissioners, “Restricted Materials Permit/Operator I.D. numbers.”
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(b) A written “Pest Control Recommendation” for each site before Contractor uses any pesticide.
(c) A “Pesticide Use Daily Record” for any site that a pesticide was used, submitted within 24 hours of application.
(d) If a restricted pesticide is going to be used, a copy of the “Notice of Intent to Use Restricted Materials,” 24 hours before application. (e) A list and Environmental Protection Agency numbers and Material Safety Data Sheets of all the pesticides Contractor intends to use for this contract, before any such use.
(f) The Contractor shall not use any pesticide that has not been authorized by the Director’s Representative.
(g) Monthly Pesticide & Fertilizer Use Report: specifying brand name, active ingredient and its percentage; type of pesticide (liquid, granular, wettable powder, etc.); quantity applied; date of application; and EPA#.
21.0 SPECIAL MAINTENANCE
21.1 Civic Center – The Civic Center is to be maintained in the highest of standards. This priority site shall have a minimum of two (2) full-time employees, and additional staff as necessary to continuously maintain the Civic Center grounds. The Director’s Representative shall have the authority to select and remove employees who fail to perform to the standards required in this Agreement.
22.0 DISPOSAL
22.1 Contractor shall dispose of 100 percent of all landscape debris at a certified organics recycling facility. Disposal of landscape debris at the City Corporation Yard located at 5285 Cypress Street, Cypress, CA 90630 is NOT permitted.
22.2 Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses each day. The City shall not be responsible for the disposal.
22.3 Contractor shall dispose of and pay all disposal fees. Contractor shall provide the City with documentation of recycling to include location, tonnage, etc. on a monthly basis to the City Representative.
23.0 WATER QUALITY
23.1 Water Pollution Control – Pursuant to Section XVI of Order No. R8-2009- 0030 NPDES No. CAS618030 Waste Discharge Requirements for the County of Orange, Orange County Flood Control District and The Incorporated Cities of Orange County within the Santa Ana Region PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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Areawide Urban Storm Water Runoff Orange County and any other subsequent permits. Said contractor shall ensure that all employees obtain all training relative to stormwater pollution prevention so to obtain the required competencies including, but not limited to BMP training, and other competencies as required by the City’s Local Implementation Plan.
Verification of this training shall be provided to the City upon request. Said contractor also consents to obtaining additional training to satisfy the requirements of the Order if it is determined as necessary by the City and all costs associated with this training shall be the responsibility of said contractor.
23.2 Best Management Practices and Monitoring Program – The Contractor shall comply with the Best Management Practices requirements as specified in Section 5, Municipal Activities, of the County of Orange Drainage Area Management Plan (DAMP) at all times during performance of said landscape contract.
23.3 The Contractor shall not allow and shall prevent any non-stormwater discharges into the storm drain system. At a minimum, the Contractor shall implement the best management practices as well as review those that may also be applicable to the Contractor’s work. The Contractor shall download the applicable BMP’s from www.ocwatersheds.com. This can be obtained here by clicking on:
http://ocwatersheds.com/documents/bmp/industrialcommercialbusinesses activities.
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EXHIBIT “A”
MAPS: LOCATIONS OF WORK
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Turf at the Senior Center is Priority/Sport Turf
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No Turf at the City Yard
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Turf at the Civic Center is Priority/Sport Turf
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Sport Field Turf at Arnold Cypress Park is Priority/Sport Turf. The remaining turf is Park Turf.
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Turf at Eucalyptus Park is Park Turf
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Turf at Evergreen Park is Park Turf
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Turf at Manzanita Park is Park Turf
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Turf at Laurel Park is Park Turf
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Turf at Maple Grove Park North is Park Turf
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Turf at Maple Grove Park South is Park Turf
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Sport Field Turf & Turf around the Community
Center at Oak Knoll Park is Priority/Sport Turf.
The remaining portions of turf are Park Turf
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Turf at Peppertree Park is Park Turf
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Turf at Pinewood Park is Park Turf
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Turf at Rosen/Acacia Park is Park Turf
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Turf at Veterans Park is Park Turf
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Turf at Willow Park is Park Turf
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Turf at Baroldi/Sycamore Park is Park Turf
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Turf at Cedar Glen Park is Park Turf
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Large Turf Area at Mackay Park is Priority/Sport Turf.
The remaining portions of turf are Park Turf
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Nature Park Turf is not considered Priority/Sport
Turf nor Park Turf. Maintain per the Specification
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. The title of Article 5 shall read as follows:
“INSURANCE, INDEMNIFICATION, AND BONDS”
II. DELETE subsection 3.4 and REPLACE with the following:
“Term & Extended Term. Unless earlier terminated in
accordance with Section 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of such services as may be requested by City from time-to-time, but not exceeding two (2) calendar years from the date hereof, except as otherwise provided in the Schedule of Performance.
The City shall have the right but not the obligation, in its sole and unfettered discretion, to extend the initial term of this Agreement a maximum of three (3) extended terms of one (1) year. In order to do so, City shall, not later than ninety (90) calendar days prior to the expiration of the initial term, give Contractor written notice, in the form and manner allowed by this Agreement, of its intention to extend the initial term of this Agreement for three (3) extended terms of one (1) additional calendar year, which extension shall be according to the terms and conditions of this Agreement, unless the same is modified by the parties hereto in writing signed by the party to be charged.”
III. Section 5.4 shall be amended to read as follows:
“Performance Bond. Concurrently with execution of this
Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful
performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his or her power of attorney. The bond shall be
unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.”
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IV. Section 5.5 shall be added as follows:
“Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the
performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager.”
V. Section 5.6 shall be added as follows:
“Payment Bond for contracts over $25,000. Concurrently with the execution of their Agreement, if the contract sum specified in Section 2.1 of this Agreement is in excess of twenty-five thousand dollars ($25,000), Contractor shall deliver to City a payment bond in the sum specified below, in the form
provided by the City Clerk, which secures payments to
subcontractors and suppliers in the event of default by Contractor. The payment bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The payment bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor completely and faithfully pays all subcontractors and suppliers that have been approved in writing pursuant to Section 4.3 of this Agreement to perform in whole or part the services required herein.
The payment bond shall be in a sum not less than that
prescribed by law under California Civil Code § 3248, such that the bond shall be in the sum of:
(a) One hundred percent (100%) of the total
amount payable by the terms of this Agreement
PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “B” Special Requirements
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if the total amount payable does not equal or
exceed five million dollars ($5,000,000); or
(b) Fifty percent (50%) of the total amount payable
by the terms of this Agreement if the total
amount payable is not less than five million
dollars ($5,000,000) and does not exceed ten
million dollars ($10,000,000); or
(c) Twenty five percent (25%) of the total amount
payable by the terms of this Agreement if the
Agreement exceeds ten million dollars
($10,000,000).
If Contractor is the provider of architectural,
engineering, and land surveying services
pursuant to an existing contract with City for a
public work, Contractor shall not be required to
post or deliver a payment bond. Further, if the
sum of the payment bond as required under
California Civil Code § 3248 is different than the
sum required under this Agreement, the sum
specified in California Civil Code § 3248 is
controlling.
VI. Section 5.7 shall be added as follows:
“Sufficiency of Insurer or Surety for Payment Bond. If
Contractor must deliver a payment bond pursuant to Section
5.5 of this Agreement, Contractor shall deliver, concurrently with the execution of this Agreement and delivery of said payment bond, to City the following documents:
(a) A certified copy of the Certificate of Authority of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or
Surety to transact insurance in the State of
California;
(b) A certificate from the Clerk of the County of
Orange that the Certificate of Authority of the
Insure or Surety has not been surrendered,
revoked, canceled, annulled, or suspended; or,
in the event the Certificate of Authority of the
Insurer or Surety has been suspended, that
renewed authority has been granted; and
PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “B” Special Requirements
B-4
(c) True and correct copies of the Insurer’s or
Surety’s most recent annual statement and
quarterly statement filed with the Department of
Insurance.
Failure of Contractor to deliver these
documents by the time of execution of this
Agreement shall require City to refrain from
entering the Agreement, as Contractor will be
deemed to have failed to ensure the sufficiency
of the Insurer or Surety to the satisfaction of
City, as required by the provisions of the Bond
and Undertaking Law, Code of Civil Procedure
§ 995.660.”
PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “C” Schedule of Compensation
C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Section 2.1 shall be amended to read as follows:
“Contract Sum. For services rendered pursuant to this
Agreement, the Contractor shall be compensated in
accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference.
This is a maintenance contract. There will not be any
Consumer Price Increases allowed during the initial two-year term or three-extended terms. The City reserves the right to add or delete work in the City’s sole discretion to best provide the service. The City, in its sole discretion, may request additional procurement and installation of organic materials to fulfill requirements set forth in California’s Senate Bill 1383.
Additional services and compensation shall be approved
pursuant to Section 1.8.”
II. Final Proposal reads as follows:
PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “C” Schedule of Compensation
C-2
PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “C” Schedule of Compensation
C-3
PARK AND FACILITIES LANDSCAPE MAINTENANCE SERVICES Exhibit “D” Schedule of Performance
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
See Exhibit “A” Scope of Services for performance specifications, locations of work and schedule.
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 11.
FROM: Douglas Dancs, Director of Public Works
DATE: 06/26/2023
SUBJECT: Approve Contract for Landscape Services for the Stanton Channel Berm
RECOMMENDATION
Award a one-year contract to BrightView Landscape Services, Inc. for landscape services for the Stanton Channel Berm for $64,562 annually, with an option for up to three, one-year extensions.
DISCUSSION
The Cypress Corporate Center Landscape Maintenance District No. 1 (District) was established to provide ongoing maintenance of the Stanton Channel landscape berm. The City maintains the berm primarily through a landscape contract, which includes fertilizing, watering, trimming and maintaining vegetation, irrigation monitoring, and landscape debris clean-up.
The current contract for berm landscape maintenance services expires at the end of June.
Public Works advertised for competitive bidding, issued 11 bid packages and received two bids. A summary of the relevant project award information is attached. BrightView Landscape Services was the lowest responsible bidder with a bid amount of $64,562. Public Works determined that the bid was responsive. BrightView has performed this type of work for multiple government agencies and is the City's current landscape services contractor for Lexington Park. The rates and unit pricing included in the recommended agreement are fixed for the life of the contract, including the extension periods.
BUDGET IMPACT
Sufficient amounts are included in the FY 2023-24 Corporate Center Maintenance District No.1 Fund budget for the recommended landscape services.
LEGAL REVIEW
The City Attorney has approved this agreement as to form.
APPROVED BY: Peter Grant, City Manager
Attachments
Award Information
Contract Services Agreement
Project Award Information Checklist
Description of Project:
The scope of work for this project includes, but is not limited to all the items for landscape maintenance services described in the contract documents along the Stanton Channel Berm between Valley View Street and Knott Avenue.
Contract Working Days:
Advertisement dates:
Notice Inviting Bids Sent to:
Bid Opening Date:
No. of Bid Packets Issued:
Initial term not to exceed one (1) year, with the City's sole discretion to extend the initial term for three (3) extended terms of one (1) additional year. No increases, including cost of living increases, shall be sought by the Contractor or allowed by the City during the term of the contract.
May 25 to June 8, 2023
CIPList.com, McGraw-Hill Construction, F.W. Dodge,
Association General Contractors of America, sent via email to contractors, posted on City's website, City Hall, Community Center and Police Department bulletin boards.
June 8, 2023
11 Bidders Amount
1. BrightView Landscape Services, Inc., Santa Ana, CA $ 64,561.06
2. Mariposa Landscapes, Inc., Anaheim, CA $ 177.767.00
Apparent Low Bidder:
Qualified to Perform Work:
BrightView Landscape Services, Inc., Santa Ana, CA
Yes. Staff confirmed bid was responsive.
Contractor’s License: Registration with DIR:
Valid at Time of Award: Yes Contractor: Yes
Valid at Time of Bid: Yes Sub-Contractor: N/A
Experience:
The apparent low bidder has performed this type of work for multiple public agencies in Southern California.
Construction Management/Inspection Firm: City Stagg
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF CYPRESS
and
BRIGHTVIEW LANDSCAPE SERVICES, INC.
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF CYPRESS AND
BRIGHTVIEW LANDSCAPE SERVICES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2023 by and between the City of Cypress, a California municipal corporation (“City”) and BrightView Landscape Services, Inc., a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for bids or Invitation for bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a bid or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Cypress’s Charter and Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest [2]
professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Contractor’s Proposal.
The Scope of Service shall include the Contractor’s Scope of Work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such bid and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate all sites and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total annual compensation, including reimbursement for actual expenses, shall not exceed Sixty-Four Thousand Five Hundred Sixty-One Dollars and six cents ($64,561.06) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written Notice to Proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following Principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the Director of Public Works or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except [7]
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its Principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part, the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance, which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
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(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement.
During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
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CANCELLATION:
SHOULD ANY OF THE ABOVE-DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Contractor Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ [10]
reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement, as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor [12]
shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event that Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District [13]
Court, venue shall lie exclusively in the Central District of California, in the County of Orange, State of California.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party [14]
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Contractor. In addition, the Contractor may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition, a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs [15]
the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. [16]
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Cypress, 5275 Orange Avenue, Cypress, California 90630 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. [17]
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.)
Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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01004.0001/301445.12 10/31/2016
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Cypress, a municipal corporation
_____________________________________
Anne Hertz-Mallari, Mayor
ATTEST:
____________________________________
Alisha Farnell, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________________
Fred Galante, City Attorney
CONTRACTOR:
BrightView Landscape Services, Inc.
___________________________________
By:
___________________________________
Name:
Title:
By:
___________________________________
Name:
Title:
Address: ______________________________
______________________________
______________________________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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EXHIBIT “A”
SCOPE OF SERVICES
All work embraced herein shall be accomplished in accordance with the applicable portions of the “The Brown Book – City of Cypress Supplement to the Standard Specifications for Public Works Construction,” Latest Edition, and applicable amendments. The City shall provide an electronic or paper copy of latest edition of the Brown Brook to Contractor.
GENERAL PROVISIONS
The Contractor shall assign the appropriate number of staff at the appropriate skill level and rank in their organization, to continuously improve the quality of the berm located along the Stanton Channel between Valley View Street and Knott Avenue. The Contractor understands and agrees by entering into the agreement with the City of Cypress the Public Works Director’s Representative shall be the sole source of interpreting the specifications and the quality of work specified herein in writing and by the Cypress Public Works Landscape Plan. Should the Contractor fail to provide the City with the level of service specified, the Director’s Representative shall have the authority to direct the Contractor to add additional staff, equipment or both to achieve the maintenance standards specified herein.
Each morning at the start of the workday the Contractor’s Supervisor or their designated representative shall inspect each site and respond immediately to any malfunctions, vandalism, hazardous conditions or otherwise abnormal conditions that are inconsistent with the quality standards specified herein or threaten people and/or property by reporting the condition immediately to the Director’s Representative. Failure to inspect each site daily before 9:00am will result in a $300 penalty per site.
A contract start-up remediation period of two (2) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period: 1) shovel-cut all tree rings; 2) raise all trees branches per specification; 3) mulch all areas; and, 4) eradicate all weeds in turf, planter beds, and hardscape areas. The Contractor acknowledges the site’s irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of rotors/heads and lateral irrigation lines and landscape remediation.
Following the initial agreement start-up repairs and remediation, the Contractor shall assume responsibility for future repairs of all irrigation heads and lateral lines as part of the base agreement. The repairs of all other irrigation parts, from the remote control valves to the meter, shall be considered extra work to be performed after the signed approval by the Director’s Representative.
STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SPECIFICATIONS A. SPECIAL PROVISIONS
1. Scope of Work
The Contractor shall maintain the landscape area along the Stanton Channel shown in the Landscape Plan included in these specifications. Contractor shall furnish all labor, equipment, materials and supervision to perform landscape maintenance as described herein including, but not limited to, the following:
a. Weeding and cultivating
b. Fertilizing
c. Trimming, pruning, training
d. Watering
e. Insect, varmint and pest control
f. Plant replacement
g. Clean-up
h. Tree tying and restaking
i. Reports
j. Irrigation programming, monitoring, maintenance, and repair. k. Other duties related to maintenance of landscape and irrigation system
2. Working Hours and Schedule
a. The Contractor shall perform weekly landscape maintenance services described above along the Stanton Channel Berm.
b. Special maintenance, if required, shall be by written authorization from the Director of Public Works or his designated representative. c. Maintenance work shall occur between the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday.
d. The Contractor shall be required to submit the following reports/documents:
i. Daily, Weekly, Monthly, Annual and Seasonal Maintenance & Irrigation inspection and repair Schedules. These Schedules shall be approved by the City, and include all landscape maintenance activities described in these specifications along the Station Channel Berm between Valley View Street and Knott Avenue.
STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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(a) The Contractor shall provide notification to the City of any change in scheduled work at least twelve (12)
hours prior to the scheduled time for work.
(b) The Contractor shall adjust his work schedule to
compensate for all holidays and inclement weather.
ii. Weekly Performance Report including weekly maintenance inspection lists for the site.
iii. Possible Pesticide List with EPA numbers.
iv. Weekly irrigation inspection check list (to include controller and wire inspection for all sites and a list of any required repairs). Irrigation plan
v. Monthly electronic irrigation controller programming charts vi. Cost information to perform extra work: As needed or as requested by the City.
vii. List of Emergency Contacts.
3. Workmanship
The Contractor shall ensure that:
a. Work shall be performed by competent persons, supervised by a competent supervisor, with experience and technical training in landscape maintenance work.
b. Pesticide operations, where required, shall be by a state licensed pest control operator.
4. Quality of Work and Material
All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. Both materials and workmanship shall be subject to inspection by the City. All materials used shall be approved in advance by the Director of Public Works or his designated representative.
5. Damages
The Contractor will report, without delay, any damage to equipment or property and shall be held responsible for the replacement of any such damage caused by his act hereunder. Repairs to the landscape and irrigation system resulting from damage by other than the Contractor's operations shall be reported promptly to the City. The Contractor shall make repairs immediately and shall be liable for secondary damage caused to landscaped areas. This includes dead plant material caused by lack of water.
Replacement of all plant materials, shrubs, ground cover, mulch and/or other STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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plants, shall be the responsibility of the Contractor. The Contractor shall not be liable for damages caused by vandalism. Any repair for vandalism will be included in the section under Extra Work, except as follows: It is estimated that seventy five (75) sprinkler heads per year will have to be repaired or replaced due to vandalism. The cost of repairing or replacing of up to 75 heads, including comparable parts, labor and equipment, will be included in the normal scope of the work. Damaged sprinkler heads, in part or whole, shall be returned to the City representative.
6. Cleaning
The Contractor shall maintain the premises clean of debris and litter at all times. Upon completion of any work project, the Contractor shall remove remaining excess materials, waste, rubbish, debris and his construction and installation equipment from the premises.
7. Statement of Contractor's Work Responsibilities
a. Ground Cover Areas
i. All weeds shall be removed as they appear. A broad spectrum pre-emergent weed control shall be applied per manufacturer's specifications to shrub beds and ground cover beds in the spring and fall, and additional weed control shall be initiated as necessary to maintain a weed-free condition.
ii. Morning Glory and grass infestations shall be treated immediately when observed by spot treating. Product shall be reviewed and approved by the Director of Public Works or his designated representative prior to application.
iii. Herbicides: Use of Roundup, Kleenup, Accord, Imitator, Eraser, Pronto, Rodeo, or other herbicides containing
Glyphosate is not permitted.
iv. Fertilize twice yearly with a rate of application of 2.5 pounds actual Nitrogen per 1,000 square feet with an appropriate fertilizer 5-10-5, or an approved equal, in March and
September.
v. During weekly maintenance, trim and edge as necessary to restrict growth from encroaching into adjacent areas. Trim around sprinkler heads to maintain an unobstructed and
uniform application of water. Growth retardants, if properly applied, may be used. Permission to be obtained from Director of Public Works or his designated representative before STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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applying.
vi. Irrigate as required to maintain vigorous growth and healthy appearance. Irrigation plan has been included
vii. Control pests, including rodents, snails and diseases continuously, to provide a healthy environment for plants. b. Shrubs and Trees
i. Trim, shape and prune to maintain a neat and healthy appearance. Prior to trimming, shaping or pruning, contact the City's representative for the proper shaping of specific varieties. ii. Annually, thin out, shape and head back all trees and shrubs as needed. Contact City's representative before commencing work.
iii. Control pests and diseases as needed to provide healthy environment for trees and shrubs.
iv. Remove all dead, diseased or damaged branches back to a side branch.
v. Stake, retie and support trees when necessary.
vi. All ties shall be checked frequently to avoid girdling. vii. Ground cover shall be cut back from trees and shrubs a minimum of six (6) inches.
viii. Application of an iron chelate fertilizer shall be used as needed throughout the year, to maintain healthy, vigorous growth and foliage.
ix. Contractor will purchase and install 564 tons of mulch the first year of the Contract. This annual amount shall
increase to 868 tons on or after July 1, 2024, to meet
California State Senate Bill 1383 Organic Recycling
requirements, and shall meet reporting requirements such as providing documentation logs that include dates mulch is placed, amounts placed and locations where it is placed.
Contractor shall remove existing mulch if there is not
sufficient room to apply the required tonnage each year.
Contractor shall maintain mulch at a depth of three (3) inches in all shrub areas. Use of any mulch product shall be
STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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dependent upon submission of a sample for approval by the City Representative. The supplier must be able to
demonstrate in writing that the suitability of the product is for use in public right-of-ways by certifying that the material does not contain sewage sludge, animal wastes or heavy metal contaminants. The Contractor is responsible for all mulch for this contract, which includes labor for application. Contractor shall mulch all areas that do not have three (3) inches of mulch within 30 calendar days from the first day of work and shall maintain 3” of mulch in all planters for the remainder of the contract.
c. General Landscape Conditions
i. All operations conducted by the Contractor shall be done with concern for maximum safety to the public.
ii. Leaves, paper, weeds and other debris shall be removed weekly from landscaped areas and disposed off-site.
Contractor shall dispose of 100 percent of all landscape debris at a certified organics recycling facility. The City shall not be responsible for the disposal. Contractor shall dispose of and pay all disposal fees. Contractor shall provide the City with documentation of recycling to include location, tonnage, etc. on a monthly basis to the City Representative.
iii. Contractor shall clean any areas littered or soiled by his maintenance operations to a standard acceptable to the
Director of Public Works or his representative.
iv. Notification of all "specialty types" maintenance operations shall be given to the City 48-hours prior to each of these operations by the Contractor. "Specialty Type" maintenance operations are defined as: fertilization, pre-emergence weed control, all pesticide applications except spot treatment, and other types of plant replacements.
v. Contractor is required, as part of this agreement, to furnish all materials to accomplish maintenance in accordance with these specifications. Contractor is further required to adequately stock items that are frequently used.
vi. Contractor shall maintain an office with phone service during normal hours. If a telephone answering service is utilized, the answering service shall be capable of contacting Contractor by radio or pager. Contractor is further required to provide City STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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with a 24-hour emergency number for contact outside normal working hours. The response time to an emergency call-out by the Contractor shall not be more than one (1) hour and shall be considered part of the normal contract work.
vii. Contractor shall apply herbicides per State and County Codes and only when approved by the Director of Public Works or his designated representative.
viii. Contractor shall replace or replant any ground cover shrubs or trees damaged by any pesticide used in the course of the job.
This shall be at no extra charge to the City.
d. Reports
i. Sprinkler Irrigation Reports
a. The Contractor shall furnish monthly sprinkler irrigation reports. Controllers shall be checked weekly to ensure their proper operation and any malfunctions reported to the City's representative. Non-working heads, broken risers, stations failing to turn on or off as dictated, leaking valves, main line leaks, controllers failing to keep time are all examples of irrigation failures. These failures shall be included in the above reports.
ii. Periodic Maintenance Schedules
a. The Contractor shall furnish monthly maintenance
schedules that include planned activities for all persons performing any function of the contract.
iii. Monthly Mulch Use Report
a. The Contractor shall provide a monthly mulch use report submitted to the Director’s Representative by the tenth (10th) of each month. The report shall include the vendor from which the mulch was purchased, certification the mulch is in compliance with SB 1383 quality, the quantity in tons and cubic yards applied.
e. Maintenance of Fence and Orange County Flood Control District Maintenance Road
i. If it is found that the Orange County Flood Control District STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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(OCFCD) fence south of the berm is damaged or vandalized to permit trespass, or if weed abatement is needed on the OCFCD Maintenance Road, the Contractor shall notify the City
representative promptly and the City will notify the appropriate OCFCD Authorities to correct the deficiency.
B. SPECIFIC METHODS OF PERFORMING IRRIGATION WORK
1. Contractor shall maintain all irrigation equipment as shown in the Master Irrigation Plan included in these specifications. Irrigation shall be done by the use of automatic or manual sprinkler systems where available and operable; however, failure of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper coverage to all areas in the work site.
2. Any damages to public or private property resulting from excessive irrigation water or irrigation water runoff shall be charged against the contract payment unless immediate repairs are made by the Contractor to the satisfaction of the Director of Public Works.
3. The Contractor shall regularly inspect the operation of the system for any malfunction. The Contractor shall maintain all sprinkler systems, at no additional cost to the City, in such a way as to guarantee proper coverage and full working capabilities and make whatever adjustments may be necessary to prevent excessive runoff into adjacent areas.
4. Care shall be exercised to prevent a waste of water and erosion of slopes.
5. The Contractor shall be responsible for the maintenance and repair of all valves, heads, wire, automatic controllers, backflow devices, quick couplers and any other irrigation equipment in the project area.
6. The Contractor is not responsible for the payment of water bills unless negligent or excessive in his use. A heavy increase of water usage indicates negligence on the Contractor's part, in which case, the additional cost will be charged against him.
7. Landscaped slopes shall be irrigated, as required, to maintain horticulturally accepted growth and color and to promote deep rooting.
8. It is the responsibility of the Contractor to make annual Backflow Device reports to be submitted to the County of Orange and Golden State Water Company. Newly planted trees, shrubs, ground cover and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal, healthy growth. Collection basins shall be maintained during the establishment period.
STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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C. LANDSCAPE MAINTENANCE ACTIVITIES
1. Contractor shall perform clearance and trimming on both sides of the berm four (4) times per year.
2. An allowance for irrigation repair and planting on a time and materials basis has been provided to the Contractor.
3. Contractor shall provide for maintenance of backflow devices at least one time per year.
D. CONTRACTOR PERSONNEL AND EQUIPMENT
1. Any employee who fails to work or act in an acceptable manner, as determined by the Director’s Representative, shall be removed from working on City contracts immediately.
2. All Contractor personnel shall wear collared uniform shirts pants and safety shoes and hats with the company name printed on the shirts and hats and they shall wear reflective safety vests while working within roadway rightsof-way. All uniforms shall be kept clean and professional looking and shall be replaced by the Contractor as wearing/fading occurs, or as requested by the Director’s Representative.
3. All Contractor trucks and other vehicles shall be of one color with the Contractor’s name or logo identified. All vehicles and equipment shall be in good condition and appearance. All vehicles shall contain a workable flashing yellow light (or lights) that shall be used while working on roadways, parking lots, bicycle areas, and pedestrian ways. All vehicles shall display a sign on the vehicle while working on City of Cypress areas indicating the Contractor is “Under Contract With The City of Cypress”. This sign shall be visible at all times. Irrigation vehicles shall also display a sign that indicates that “Sprinkler Checking in Progress” while this work is being performed.
4. Contractor’s Representative shall meet weekly with the Director’s Representative to review the Contractor’s schedules and performance, resolve problems, and perform field inspections, as required. At the request of the City Representative, the owner or other senior contractor representative(s) shall be available to attend these meetings.
5. All work shall be performed in accordance with the highest landscape maintenance standards, as stated in the enclosed maintenance specification description and Cypress Public Works Landscape and Grounds Quality Maintenance Standards. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the designated sites.
STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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6. The Contractor will be required to complete landscape maintenance services as scheduled. If the City and Contractor enter into a concurrent agreement for landscape services solicited under a separate bidding procedure, Contractor shall be required to designate dedicated maintenance crews and supervisory staff for each contractual obligation.
Personnel assignment shall follow specifications set forth in the respective contract documents. It is the Contractor’s responsibility to schedule and dispatch crews adequately and in a manner that shall not interfere with either contractual obligations.
7. Changes to the Agreement: The City reserves the right to make additions, deletions, revisions, or otherwise modify the contract maintenance specifications. Changes in areas to be maintained may be made as the City accepts new areas and/or relinquishes control of currently maintained areas. Any and all such changes shall only be made upon written notification in the form of a change order. Costs to add/delete landscape maintenance areas shall be limited to original rates or extra work prices.
The City reserves the right to delete any site from the contract upon 30 days written notice.
8. These specifications are intended to cover all labor, material, and standards of architectural, landscaping, and mechanical workmanship to be employed in the work called for or reasonably implied by terms of same. Work or arterials of a minor nature which may not be specifically mentioned, but which may reasonably be assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications.
STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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EXHIBIT “A”
LANDSCAPE PLAN AND MASTER IRRIGATION PLAN
STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “A” Scope of Services
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STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “B” Special Requirements
B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. The title of Article 5 shall read as follows:
“INSURANCE, INDEMNIFICATION, AND BONDS”
II. DELETE subsection 3.4 and REPLACE with the following:
“Term & Extended Term. Unless earlier terminated in
accordance with Section 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of such services as may be requested by City from time-to-time, but not exceeding one (1) calendar year from the date hereof, except as otherwise provided in the Schedule of Performance.
The City shall have the right but not the obligation, in its sole and unfettered discretion, to extend the initial term of this Agreement a maximum of three (3) extended terms of one (1) year. In order to do so, City shall, not later than ninety (90) calendar days prior to the expiration of the initial term, give Contractor written notice, in the form and manner allowed by this Agreement, of its intention to extend the initial term of this Agreement for three (3) extended terms of one (1) additional calendar year, which extension shall be according to the terms and conditions of this Agreement, unless the same is modified by the parties hereto in writing signed by the party to be charged.”
II. Section 5.4 shall be amended to read as follows:
“Performance Bond. Concurrently with execution of this
Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful
performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his or her power of attorney. The bond shall be
unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.”
STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “B” Special Requirements
B-2
IV. Section 5.5 shall be added as follows:
“Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the
performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager.”
V. Section 5.6 shall be added as follows:
“Payment Bond for contracts over $25,000. Concurrently with the execution of their Agreement, if the contract sum specified in Section 2.1 of this Agreement is in excess of twenty-five thousand dollars ($25,000), Contractor shall deliver to City a payment bond in the sum specified below, in the form
provided by the City Clerk, which secures payments to
subcontractors and suppliers in the event of default by Contractor. The payment bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The payment bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor completely and faithfully pays all subcontractors and suppliers that have been approved in writing pursuant to Section 4.3 of this Agreement to perform in whole or part the services required herein.
The payment bond shall be in a sum not less than that
prescribed by law under California Civil Code § 3248, such that the bond shall be in the sum of:
(a) One hundred percent (100%) of the total
amount payable by the terms of this Agreement
STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “B” Special Requirements
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if the total amount payable does not equal or
exceed five million dollars ($5,000,000); or
(b) Fifty percent (50%) of the total amount payable
by the terms of this Agreement if the total
amount payable is not less than five million
dollars ($5,000,000) and does not exceed ten
million dollars ($10,000,000); or
(c) Twenty five percent (25%) of the total amount
payable by the terms of this Agreement if the
Agreement exceeds ten million dollars
($10,000,000).
If Contractor is the provider of architectural,
engineering, and land surveying services
pursuant to an existing contract with City for a
public work, Contractor shall not be required to
post or deliver a payment bond. Further, if the
sum of the payment bond as required under
California Civil Code § 3248 is different than the
sum required under this Agreement, the sum
specified in California Civil Code § 3248 is
controlling.
VI. Section 5.7 shall be added as follows:
“Sufficiency of Insurer or Surety for Payment Bond. If
Contractor must deliver a payment bond pursuant to Section
5.5 of this Agreement, Contractor shall deliver, concurrently with the execution of this Agreement and delivery of said payment bond, to City the following documents:
(a) A certified copy of the Certificate of Authority of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or
Surety to transact insurance in the State of
California;
(b) A certificate from the Clerk of the County of
Orange that the Certificate of Authority of the
Insure or Surety has not been surrendered,
revoked, canceled, annulled, or suspended; or,
in the event the Certificate of Authority of the
Insurer or Surety has been suspended, that
renewed authority has been granted; and
STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “B” Special Requirements
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(c) True and correct copies of the Insurer’s or
Surety’s most recent annual statement and
quarterly statement filed with the Department of
Insurance.
Failure of Contractor to deliver these
documents by the time of execution of this
Agreement shall require City to refrain from
entering the Agreement, as Contractor will be
deemed to have failed to ensure the sufficiency
of the Insurer or Surety to the satisfaction of
City, as required by the provisions of the Bond
and Undertaking Law, Code of Civil Procedure
§ 995.660.”
STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “C” Schedule of Compensation
C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Section 2.1 shall be amended to read as follows:
“Contract Sum. For services rendered pursuant to this
Agreement, the Contractor shall be compensated in
accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference.
This is a maintenance contract. There will not be any
Consumer Price Increases allowed during the initial one-year term or three-extended terms. The City reserves the right to add or delete work in the City’s sole discretion to best provide the service. The City, in its sole discretion, may request additional procurement and installation of organic materials to fulfill requirements set forth in California’s Senate Bill 1383.
Additional services and compensation shall be approved
pursuant to Section 1.8.”
II. Final Proposal reads as follows:
Brightview Landscape Services, Inc.
Amount Unit
Unit
Price
Price per
Month
No. of
Events Total Annual Cost
Scheduled Duties
#1: Stanton Channel Berm 4.24 Acres $ 3,080.00 12 months $ 36,960.00 #2: Stanton Channel Berm -
Remediation and Clean-up 4.24 Acres $2,792.00 Once a year Once a year $ 2,792.00 #3: Mulch - Purchase &
Deliver 564 Tons $ 42.00 $ 23,688.00
Total Annual Cost for
Scheduled Duties $ 63,440.00
Seasonal Duties (Quantities
Not Guaranteed) Amount Unit Unit Price
Price per
Event
No. of
Events
Total Estimated
Annual Cost
Stanton Channel Berm
Fertilization #S3: 12-4-6 Slow
Release Granular Fertilizer @
2lb/1000sf 4.24 Acres $132.20 $ 560.53 2 $ 1,121.06
Total Estimated Annual
Cost for Seasonal Duties $ 1,121.06
GRAND TOTAL COST FOR
SCHEDULED AND SEASONAL
DUTIES $ 64,561.06
STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “C” Schedule of Compensation
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STANTON CHANNEL BERM LANDSCAPE MAINTENANCE SERVICES Exhibit “D” Schedule of Performance
D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
See Exhibit “A” Scope of Services for performance specifications, location of work and schedule.
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 12.
FROM: Douglas Dancs, Director of Public Works
DATE: 06/26/2023
SUBJECT: Approve a Contract Services Agreement for Traffic Signal Maintenance Services
RECOMMENDATION
Approve a three-year contract services agreement for traffic signal maintenance services with Yunex LLC.
DISCUSSION
The City maintains 61 traffic signals, 70 cameras, and approximately 340 city-owned streetlights. The City currently utilizes a single contractor to provide preventative maintenance services as well as extraordinary repairs and emergency response for the City's traffic signal system. The contract scope of work for these traffic signal services includes monthly, quarterly, bi-annual, and annual preventative maintenance services of signal equipment, intersection safety lights, streetlights, cameras, and flashing beacons. The contract also provides for as-needed emergency repairs such as impacts from vehicles to poles and 24-hour emergency response.
The current contract for traffic signal maintenance services will expire in September. In April, the City solicited Statement of Qualifications from traffic signal maintenance firms and received responses from three firms. Public Works interviewed all three firms and recommends Yunex as the most qualified firm. Yunex serves many other public agencies in Southern California and currently provides traffic signal maintenance services to Cypress.
The recommended contract will be effective upon the expiration of the current agreement in September and be for initial term of three years, with an option for two one-year extensions.
The contract provides rates may be adjusted annually by CPI (up to a maximum of five percent) with the approval of the contract officer. The negotiated scope and fee with Yunex for traffic signal maintenance services for Fiscal Year 2023-24 is estimated at $238,000, and is based on the City's current traffic signal maintenance contract with an escalation for inflation.
BUDGET IMPACT
The estimated cost for the first year of the agreement is $238,000 and sufficient amounts are budgeted in the upcoming fiscal year in the Lighting District No. 2 Fund to provide the level of services included in the contract.
LEGAL REVIEW
The City Attorney has approved the contract as to form.
APPROVED BY: Peter Grant, City Manager
Attachments
Contract Agreement
Cost Breakdown
01004.0001/301445.11 9/28/2017
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF CYPRESS
and
YUNEX LLC, DBA, YUNEX TRAFFIC
01004.0001/301445.11 9/28/2017
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF CYPRESS AND
YUNEX LLC, DBA, YUNEX TRAFFIC
THIS AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES (herein “Agreement”) is made and entered into this 25th day of September, 2023 by and between the City of Cypress, a California municipal corporation (“City”) and Yunex LLC, DBA, Yunex Traffic (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Cypress’s Charter and Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest 01004.0001/301445.11 9/28/2017
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professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Contractor’s Proposal.
The Scope of Service shall include the Contractor’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed (see Exhibit “B” and Exhibit “C”) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. 01004.0001/301445.11 9/28/2017
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractorshall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractorshall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Director of Public Works or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except 01004.0001/301445.11 9/28/2017
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as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
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(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement.
During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
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CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Contractor Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.
In the event the Contractorsubcontracts any portion of the work in compliance with Section
4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ 01004.0001/301445.11 9/28/2017
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reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor 01004.0001/301445.11 9/28/2017
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shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District 01004.0001/301445.11 9/28/2017
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Court, venue shall lie exclusively in the Central District of California, in the County of Orange, State of California.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party 01004.0001/301445.11 9/28/2017
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Contractor. In addition, the Contractor may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01004.0001/301445.11 9/28/2017
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the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. 01004.0001/301445.11 9/28/2017
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Cypress, 5275 Orange Avenue, Cypress, California 90630 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 01004.0001/301445.11 9/28/2017
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9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.)
Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Cypress, a municipal corporation
_____________________________________
Anne Hertz-Mallari, Mayor
ATTEST:
____________________________________
Alisha Farnell, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________________
Fred Galante, City Attorney
CONSULTANT:
_____________________________________
_____________________________________
By:
___________________________________
Name:
Title:
By:
___________________________________
Name:
Title:
Address: ______________________________
_____________________________
_____________________________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 01004.0001/301445.11 9/28/2017 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. GENERAL REQUIREMENTS for SCOPE OF SERVICES
1. General
The work to be done, in general, consists of routine preventative maintenance, extraordinary maintenance, and additional maintenance of traffic signal systems for locations that are the responsibility of the City of Cypress in accordance with this Scope of Services. The Contractor is to furnish all tools, equipment apparatus, facilities, labor services and material, and perform all work necessary to maintain in a good and workmanlike manner traffic signal, flashing beacon, CCTV System and City owned street lighting facilities at the locations shown in this Scope of Services and made a part hereof. The various locations shown may change as provided for in this Scope of Services.
Contractor’s performance under this Agreement shall be at the highest level promulgated in the industry. Full compensation for conforming to the requirements in this Scope of Services shall be included in the unit prices as listed in Contract Agreement. Additional work items not listed in Contract Agreement, shall be performed at the labor and equipment rates approved by City Engineer or his authorized representative.
2. Standard Specifications
All work shall be performed in accordance with "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION" (Green Book), latest edition, including any supplements, hereinafter referred to as 'Standard Specifications' and in accordance with this Scope of Work. Traffic striping, pavement markers, signing, construction signing, striping and traffic signal loop detectors and General Provisions shall be in accordance with "STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS,” latest edition, hereinafter referred to as "Caltrans Specifications", and this Scope of Work. All traffic control shall be installed as per the Work Area Traffic Control Handbook (W.A.T.C.H.).
In case of conflict between the Standard Specifications, Caltrans Specifications, and this Scope of Work, this Scope of Work shall take precedence.
All services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by Contractors in similar circumstances in accordance with sound professional practices.
All work performed or equipment or parts supplied by contractor shall be subject to the inspection and approval of the City, its City Engineer or his authorized representative. Failure to pass inspection on any maintenance, repair and service item will result in non-payment for that item until such time as the contractor can present the item to the City in acceptable form. All identified City facilities per this agreement shall be regularly patrolled by contractor or his representative. 01004.0001/301445.11 9/28/2017 A-2
3. Personnel
The contractor shall provide a full-time Traffic Signal Technician for maintaining the traffic signals or flashing beacon locations. As a minimum, this Traffic Signal Technician shall have certification of Level II or higher Traffic Signal Technician from the International Municipal Signal Association (IMSA) and State mandated National Electrical Contractors (NEC) certification. Skilled laborers can make hardware repairs under the direct supervision of the technician. The City reserves the right at all times to concur with the contractor's assignment of personnel to the City. If appropriate, the contractor shall replace any personnel assigned to the City whose performance is considered unacceptable by the City or the standards established per the proposal.
The Contractor shall have adequate personnel and facilities to perform inspection of new equipment. When requested by the City, the Contractor may be required to assist in the final field inspection of new installations.
IMSA and NEC certifications must be held in good standing and shall be maintained current throughout the entire duration of the contract. Copy of certifications shall be provided with bid package. Prior to commencement of contract, Contractor shall provide a list of employees potentially working on the City’s signals, which indicates level of certifications and job classifications. The Contractor shall update employee lists annually or as personnel changes.
The Contractor shall submit a resume of the company qualifications as related to traffic signal work associated with installation, repairs, maintenance, modification, lab testing of new local or master controllers, and other traffic signal equipment, including engineering scientific and technical capabilities.
4. Equipment
The Contractor shall have available and readily accessible all required tools, equipment, apparatus, facilities, traffic control, skilled labor services and materials, etc., to perform all work necessary to maintain in good working order all traffic signal facilities and safety lighting at the locations defined in this Scope of Work. All work performed or equipment, parts, or materials supplied shall be subject to the inspection and approval of the City Engineer or his designated representative.
The Contractor's service trucks shall be equipped with spare parts sufficient to place the signal system back in operation for ordinary trouble calls, including sensing devices for induction loop detectors. The Contractor shall have on-hand (spare) at least one (1) spare Econolite System Controller and one (1) conflict monitor for every twenty-five (25) intersections and one Alpha BBS Inverter for every 25 intersections. In those cases where a complex controller and/or component has to be repaired, the Contractor shall install a substitute controller which will function substantially the same as the controller and/or component replaced, and shall operate in the full traffic actuated mode with telemetry as required to maintain coordination with the City’s signal system. The substitute controller and/or components shall be equal to or better than those they are 01004.0001/301445.11 9/28/2017 A-3
replacing and shall be pre-approved as a substitute controller and/or component by the City. In the event it becomes necessary to temporarily install a pre-timed controller, the timing shall be set according to the timing chart provided at each signal location. The original controller shall be returned to service within 10 working days, or an approved replacement controller installed. The original Alpha BBS Inverter shall be repaired and re-installed with 30 days.
No permanent or temporary change of controller mechanisms shall be done without prior approval of the City except in case of an emergency. In the event a change is necessary to respond to an emergency, the Contractor shall notify the City by telephone and by e-mail within 24 hours of the next working day that the equipment was removed and replaced with approved spare equipment.
The Contractor shall have available adequate, skilled personnel and proper laboratory testing facilities to perform inspection of controller mechanisms, including traffic signal controllers, conflict monitors, controller cabinets, auxiliary equipment and traffic control appurtenances. All testing shall conform to the current NEMA Specifications TS-1 and Section 86-2.14, “Testing”, of the Caltrans Standard Specifications. Copy of laboratory reports showing repairs to traffic control equipment shall be submitted to the City on an annual basis.
5. Additions and Deletions to the System
Contractor shall maintain additional traffic signals and appurtenant devices as they are installed or become part of the maintenance requirements within ten (10) days from written notification by the City Engineer or his authorized representative. Such additional signals shall be maintained at the same unit price as specified in Exhibit C, “Schedule of Compensation”. In the event that maintenance of a new signal commences at other than the beginning of the monthly period, the unit rate for routine preventative maintenance services shall be prorated from the date maintenance commences.
The City may, at its sole discretion, eliminate signals from this contract. The Contractor shall be notified of such deletions in writing. Such deleted signals shall decrease the invoice at the same unit price as specified in Exhibit C, “Schedule of Compensation”. In the event that maintenance of a new signal cease at other than the beginning of the monthly period, the unit rate for routine preventative maintenance services shall be prorated from the date the Contractor was notified.
6. Request of Service Outside of Normal Hours
Contractor should expect service requests outside of the Contractor’s normal working hours.
These service requests may be given by telephone, fax, e-mail, written correspondence or other means for reporting signal related problems, damages, and emergencies. Contractor shall maintain a local or toll-free telephone number where the Contractor can be reached 24-hours per day, seven days per week, and 365 days per year, in order to effectively address and respond to both routine and emergency service requests. The telephone number is to be made available to the City Engineer or his authorized representative, and the Cypress Police Department. All requests shall be addressed by an appropriate timely response as outlined in this Scope of Work.
7. Response Criteria for Emergency and Routine Services 01004.0001/301445.11 9/28/2017 A-4
The Contractor will need to ascertain whether service requests are of an “emergency” nature requiring an immediate response or whether the request is general in nature requiring routine response. Requests deemed to be “emergencies” shall be responded to immediately with all possible haste, arriving at the signal location within one (1) hour of first notification. Routine requests shall be responded to within 24 hours of first notification unless other arrangements are agreed by the City.
The following events shall establish an emergency condition and the following action shall be taken:
Failure or malfunction of the traffic signal system or interruption of normal signal operations whether caused by damage from vehicle collisions or accidents, acts of God, civil disorder, malicious mischief or vandalism, or actions of other contractors or utility companies. Under these conditions, the Contractor shall immediately restore the traffic signal to normal operations. If that is not possible due to the extent of damage, sufficient repairs shall be made to enable the intersection to operate in all red flash.
For emergency repair purposes, the Contractor’s vehicle shall carry the following equipment:
portable stop signs to be installed if required, barricades, cones, replacement signal heads, pedestrian heads, 1-A signal pole, load switches, controller, and other related equipment which may be required to repair said damage.
The replacement of inoperable lamps, other than red indications, need not be on an emergency basis provided there are two indications still operative for each direction of travel. Such replacement shall be handled in a routine manner, but always within twenty-four (24) hours.
Red lights reported as being inoperable shall be responded to as emergency situations. Any appurtenant traffic signal equipment such as, traffic signal heads, street names signs or other regulatory signs, warning or guide signs affixed to mast arms or poles, reported to be knocked down, dangling, or otherwise creating a public hazard shall be immediately repaired or removed as an emergency situation in order to eliminate the hazard or unsafe condition. Any equipment so removed shall be scheduled for replacement.
For the emergency repair of a signal which is totally blacked out, the following procedure of traffic control shall apply:
(a) The Contractor shall dispatch qualified personnel and equipment to reach the site within the time frame specified in this Scope of Work for emergency call-out. The Contractor's vehicle shall carry traffic cones, etc., which shall be used when directing traffic during an emergency and/or when deemed necessary by the signal technician, the Director of Public Works, or his authorized representative.
(b) If no police officer is present and temporary stop signs have been set up when the Contractor arrives at the site, the Contractor shall set up more traffic warning and control devices, if deemed necessary, and proceed to repair the signal. After the signal is back in 01004.0001/301445.11 9/28/2017 A-5
operation, the Contractor shall remove all of the temporary traffic control devices and return those devices owned by the City to the City Yard. (c) If a police officer is still at the site when the Contractor arrives, the Contractor shall quickly examine the signal, evaluate the situation, discuss it with the police officer, and obtain a Traffic Accident Report Number (to be submitted with invoice for work performed at the signal). If the repair will take only a few minutes, the police officer may stay to continue to direct traffic while the Contractor repairs the signal. If the repair will take longer than the officer can wait, the Contractor shall immediately set up temporary boulevard stop signs and all other necessary warning devices and relieve the police officer.
As part of the Contractor's emergency call response, the Contractor will be required to respond to accident scenes at signalized intersections to perform a review of the traffic signal system operation and equipment. The Contractor shall attempt to gain an Accident Report Number if officers of the Police Department are at the scene of the accident. Thereafter, Contractor is to include this Report Number on its invoice for work performed for any damage to the signal. The Contractor shall also notify the City Engineer or his authorized representative of the date and the approximate time of Contractor's response to such an emergency.
8. Notification
The Contractor shall notify the City Engineer or his authorized representative of the alterations, substitution, or removal of any controller or component, or alteration to the operation of any signal system, including placing a phase on recall. During normal business hours of the City, notification by telephone shall be made within one (1) hour of such change. Notification of changes made at times other than normal business hours of the City shall be reported by telephone within one (1) hour of the beginning of the next business day of the City.
The Contractor shall call the morning of each day any extraordinary maintenance is scheduled to take place during that day. The Contractor shall notify the City Engineer or his authorized representative of the proposed maintenance specifying the type of maintenance, location, and the approximate time of the day. If scheduled work is completed without obtaining approval from the City, payment will not be made until the work can be inspected by City staff.
For emergency call-outs during normal business hours of the City, notification by telephone shall be made within one (1) hour of such response. Notifications at times other than normal business hours of the City shall be reported by telephone within one (1) hour of the beginning of the next business day of the City. The Contractor shall thoroughly examine and inspect all equipment at the location for any physical damage or equipment malfunction, including a timing check of the controller. Within five (5) calendar days after completion of this examination, the Contractor shall submit, in writing, a report summarizing the results of the examination and inspection to the City Engineer or his designated representative. These results shall also be placed in the maintenance records of the intersection maintained by the Contractor.
All correspondence shall be address to the City Engineer, City of Cypress, 5275 Orange Avenue, Cypress CA 90630.
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9. Working Hours
Normal working hours shall be from 7:00 AM to 5:00 PM, Monday through Friday. Any Arterial lane closures shall be from 8:30 AM to 3:30 PM, unless otherwise approved by the City Engineer or his authorized representative.
10. Maintenance Records
The Contractor shall keep a current, permanent operational record of all work performed at the intersection, including, but not limited to, routine maintenance, service calls, extraordinary maintenance and relamping, of each and every piece of traffic control or safety equipment that the Contractor is required to maintain by this contract. These records shall be kept at each maintained location on a form approved by the City. A copy of such record shall be provided within two (2) working days upon request to the City Engineer or his authorized representative. The form shall include, at a minimum, the date, time, description of device including all model, part and serial number, narrative of deficiencies encountered, and a detail of any and all corrective actions(s) taken. Entries shall be made legibly in indelible ink and shall be initialed by the technician making the entry.
11. Monthly Maintenance Reports
The Contractor shall submit to the City, monthly summary reports of all activities relating to traffic signal and safety lighting maintenance for each maintained location. The summary report shall list the maintenance history of the entire reporting period for each individual signal location and any deficiencies found. A chronological report of all maintenance activities throughout the month is unacceptable. The summary reports shall be submitted to the City ten (10) days following the end of the month of the reporting period. Invoices will not be paid until the summary report has been received.
The following information, at a minimum, is required for each signal location:
Location by intersection and identification of a specific corner or direction of traffic Date and time the call was received and the name of the caller or self-initiated Date and time the Contractor's personnel and equipment arrived at the scene Date and time the job was completed
Nature of the malfunction, if any, and a description of the action taken by the Contractor Notation of routine, extraordinary, or emergency
Accident report number (from Police Department) for all accident related work For the purposes of this contract, a month is defined as a calendar month. A year, except otherwise defined elsewhere for specific purpose, is defined as a calendar year running from January 1 to December 31.
All records are the property of the City and at the termination of this contract, shall be delivered to the City.
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12. Salvaged or Damaged Equipment and Ownership
Ownership of all materials existing and incorporated in the work are vested in the name of the City of Cypress. Any materials delivered and paid for in part by the City or any material furnished by the City to be incorporated in the work becomes the property of the City.
Salvaged or damaged equipment shall become the property of the Contractor unless otherwise directed by the City.
13. Traffic Signal Turn-on and Turn-off
The Contractor shall notify the Police Department at (714) 229-6600 and City Engineer or his authorized representative at (714) 229-6740, at least 48 hours in advance of any scheduled turnon/turn-off necessitated by the Contractor’s operations. Contractor's operations and shall not make said turn-off or turn-on until a City police officer is present, or unless given permission to proceed without police control by the Police Department, or the City Engineer or his authorized representative. The Contractor shall erect stop signs on each approach of the intersection as well as advanced warning signs to provide all-way stop control while the traffic signal is turned off.
For nighttime work, the Contractor shall provide portable stop signs with sufficient reflectivity on Type II barricades with flashers.
The placement and removal of the temporary stop signs shall be completed while the signal is in a red flash condition. The Contractor shall make every effort to schedule shut downs only between the hours of 8:30 am and 3:30 pm Monday through Thursday.
14. Warranty Service
The Contractor shall guarantee the work against defective material or workmanship for a period of one (1) year from date of completion of the work. Damage due to acts of God or from sabotage and/or vandalism are specifically excepted from the guarantee.
When defective material and/or workmanship are discovered which require repairs to be made under this guaranty, all such work shall be done by the Contractor at its own expense within five (5) calendar days after written notice of such defects has been given to Contractor by the City.
Should the Contractor fail to repair such defective material or workmanship within five (5) calendar days thereafter, the City may cause the necessary repairs to be made and charge the Contractor with the actual cost of all labor and materials required. In emergencies demanding immediate attention, the City shall have the right to repair the defect and charge the Contractor with the actual cost of all labor and material required. Any repair work performed as herein specified shall be done under the provisions of the original contract specifications.
A three (3) year warranty period for the battery (s) on the battery backup system shall be as follow:
One year full replacement warranty.
Thereafter battery (s) will be prorated based on 3 year battery service life. 01004.0001/301445.11 9/28/2017 A-8
During the warranty period, the Contractor is expected to coordinate warranty repairs with the appropriate manufacturer or installing contractor.
The Contractor shall notify the City of any undue delays by the manufacturer or installing contractor in responding to warranty requests and provide a detailed summary of the nature and reason for said warranty requests.
15. Extraordinary Work not Listed in Exhibit C, “Schedule of Compensation”
At times, it will be necessary for the City to determine in advance the cost of extra work. The Contractor shall supply estimates for work to be done by the Contractor in these cases. Such estimates shall be provided for budgeting purposes only. Billing for such extra work shall reflect the Exhibit C, “Schedule of Compensation”, rates of bid item prices, actual hours worked, and materials actually supplied. The Contractor's invoice for additional work shall indicate:
Work order number, person giving authorization and date of work Contractor's invoiced material, plus overhead per bid Contractor's labor charge, calculated at the bid rate to the nearest one-half hour Contractor's equipment charge, calculated at the bid rate to the nearest one-half hour Brief description of work completed and location of work Salvage credit (if none, so state)
The City will compensate the Contractor for such extraordinary work based on the verified invoice cost of materials plus the percent as shown on the Contractor's Proposal, and labor and equipment time, calculated to the nearest one-half hour, at the bid rate shown on the Contractor's Schedule of Bid Items.
The Contractor shall be available to assist in the final field inspection on new installations when requested by the City on a per hour basis paid at the rate of a Signal Maintenance Technician.
16. Signal Timing
At no time shall the Contractor make any changes in timing of the signal except with the approval of the City Engineer or his authorized representatives. Placing one or more phases temporarily on recall, due to a detection malfunction, is not considered to be a change in traffic signal timing.
However, when a technician places a phase on recall that is also not considered a repair but a temporary measure pending repair. Any phase placed on temporary recall is to be reported to the City in accordance with the notification procedures outlined in Section 8 as noted above.
17. Traffic Control
The Contractor shall conduct his work in such a manner as to minimize the disruption of traffic flow. The Contractor shall not obstruct or restrict any portion of the roadway until proper arrangements for traffic control have been received by the Director of Public Works. Contractor shall be prepared to discuss a traffic control plan for all phases of the work. All traffic control 01004.0001/301445.11 9/28/2017 A-9
methods shall conform to the latest edition of Manual of Uniform Traffic Control Devices (MUTCD) and the Work Area Traffic Control Handbook (W.A.T.C.H.) and the Scope of Work.
At least one twelve foot (12’) travel lane in each direction shall be open to traffic at all times. Not more than one intersecting street shall be closed at any one time without the prior approval of the City Engineer or his authorized representative. Traffic stoppages shall be limited to time periods approved by the City Engineer or his authorized representative.
Maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, houses, and buildings along the line of work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic. At the end of each day's work and at other times when maintenance operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the portion of the roadway and open it for use by public traffic.
The Contractor shall furnish all flagmen, barricades, barriers, lights, signs, and any other device which may be necessary for adequate and safe traffic control.
The Contractor shall provide protection for any excavation three feet or more in depth or any other excavation which by its nature may be considered hazardous by either covering or erecting a five (5) foot chain link or woven wire fence. Such protection shall be provided at all times when an adult in the employment of the Contractor is not in attendance at the excavation.
Pedestrian traffic must be maintained in a safe manner at all times. Pedestrian and emergency vehicular access shall be maintained to all residences, businesses and manufacturing establishments within the work area.
All spillage and any excessive dirt or debris caused by hauling operations or moving equipment along or across any private or public property or public traveled way shall be removed immediately at the Contractor's expense.
The Contractor shall provide unobstructed access to all fire hydrants at all times except as otherwise provided, in writing, by the City Engineer or his authorized representative.
The latest editions of Caltrans Standard Specifications and the Manual of Traffic Control Devices (MUTCD) with California Supplement shall be used as needed or as directed by the City. Failure to provide adequate safety devices, as directed by the City, will cause the City to install safety devices as needed and the cost will be assessed to the Contractor at the City’s actual cost. City shall be entitled to offset any costs incurred against Contractor’s invoice and will be deducted from the progress payment and from the total contract price for the work.
All cost for traffic control shall be included in the various items of work, and no additional compensation will be allowed.
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18. Equipment and Materials
Attention is directed to Section 6-1.05, "Trade Names and Alternatives", of the Caltrans Standard Specifications. The engineer reserves the exclusive right to determine if proposed alternative equipment shall be acceptable.
Before the start of work, the Contractor shall provide the City with a statement from the vendors.
Said statements shall state the date that any equipment ordered is shipped. The City shall not be liable for any delay to performance prior to delivery of these required submittals.
19. Damages
Street pavement, curbs, sidewalks, sprinklers, driveways, and gutters damaged as a result of the Contractor's operation shall be repaired in accordance with the City's standard drawings and specifications at the Contractor's expense.
20. Sound and Noise Control
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the contract.
Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.
The noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks or transient equipment that may or may not be owned by the Contractor.
The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
21. NPDES Requirements
The Contractor shall conform to the requirements of the National Pollutant Discharge Elimination System (NPDES) Permit for Construction Activities, in compliance with the Federal Requirements for the Control of Urban Pollutants to Storm Water Runoff.
The Contractor shall protect, by any means, all construction related materials from being transported from the site by the forces of wind or water. Contractor or any subcontractors are required to place gravel bags around all storm drain inlets and around the job site as directed by the City Engineer or his authorized representative to protect polluted water from running into the storm drain systems.
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22. Types of Signals
The bid prices for both the routine and extraordinary maintenance shall apply to all types of traffic signal controllers, accessories and systems as may exist in the City now or that may be installed during the life of the contract.
23. Night Inspections
The Contractor shall once a month, perform nightly inspection of all intersection safety lighting at signalized intersections, City owned street lighting systems and all illuminated street name signs for proper operation. Cost of this nightly Inspection shall be included in the Exhibit C, “Schedule of Compensation”. If the contractor fails to perform the monthly nightly inspection of all intersections safety lighting, City owned street lighting systems and illuminated street name signs, the City will deduct $500 from payment per month that the inspections are not performed by the contractor.
The night inspections shall consist of driving by all City-maintained traffic signals, intersection safety lighting and City owned street lighting systems as specified in this Scope of Work. A record shall be made, on forms approved by the City or his authorized representative, of each and every unlit illuminated street name sign, safety light or City owned street light. This written record shall be received by the City within forty-eight (48) hours of the survey.
Unless otherwise directed, internally illuminated street name signs shall be Type A per Caltrans standards and per Nu Art or approved equal, in white lettering with green background. The LED type illuminated street name signs shall be the Edge Light type.
All safety lighting/luminaries shall be of the 90 degree cut-off type and the desired lighting pattern will be M-S-III (I.E.S. type). Photoelectric controls shall be Type IV or Type V and shall conform to the provisions in Section 86-6.07, "Photoelectric Controls", and this Scope of Work. Each luminary shall be provided with an integrally mounted plug-in photoelectric cell if required.
The replacement of defective parts will be extraordinary maintenance. All extraordinary work required shall be per Exhibit C, “Schedule of Compensation” items for extraordinary signal maintenance work or per written quote, as directed by the City Engineer or his authorized representative. The City will obtain quotes from other contractors when practical; therefore, the City is not obligated to use the Contractor who made the survey. The Contractor shall carry with own vehicle, as a minimum, photocells and properly-sized lamps when trouble-shooting unlit illuminated street name signs and street lights.
24. Compensation for Maintenance
City will compensate the Contractor for routine maintenance and extraordinary maintenance at the contract unit price per Exhibit C, “Schedule of Compensation” Said compensation shall include all labor, materials, equipment, overhead and profits.
Work not listed as routine or extraordinary maintenance in Exhibit C, “Schedule of Compensation”, shall be billed at the established rates per Exhibit C, “Schedule of Compensation”, and shall include all labor, materials, equipment and profit. All items not covered shall require a 01004.0001/301445.11 9/28/2017 A-12
negotiated price and approval by the City Engineer or his authorized representative, and shall be in conformance with the Greenbook Standard Specifications for Public Works Construction - Extra Work, latest edition, and the Caltrans Equipment Rental Rates, latest edition. All extraordinary maintenance requires an authorization prior to beginning of work. City reserves the right to separately bid extraordinary maintenance work not listed in Exhibit C, “Schedule of Compensation”, in the event a negotiated price cannot be reached which is acceptable to both parties or is deemed by the City to exceed the terms of the current contract.
25. Routine Preventative Maintenance
The Contractor shall carry on a program of continuing comprehensive routine maintenance designed to eliminate or reduce the incidences of malfunction, reduce operational complaints and extend the useful life of equipment. The program, the cost of which is specified and to be included as part of the contract unit price for traffic signals and other items of work listed under “Routine Preventative Maintenance” in Exhibit C, “Schedule of Compensation”, shall include but not limited to the following:
Monthly Inspection
The Contractor shall perform the following services at each intersection of Contract responsibility once per calendar month unless otherwise noted:
a. Air Filter
The Contractor shall clean or replace the air filter element in all controller cabinets so equipped at least once each six (6) months and shall note in the monthly report any filter replacement. The Contractor shall wash or replace all air filter elements in all cabinets so equipped within three (3) months after the execution of this contract, and shall note so in the monthly report the date the filter elements are cleaned or replaced. b. Cabinet Exterior
Remove any posters, signs and graffiti from the controller and service cabinet exteriors.
Check the interior and exterior of the controller and service cabinets for signs of deterioration on the cabinet’s surface with a wire brush and then protect the area with zinc chromate, red lead or rust inhibitor prior to painting with a matching color. c. Cabinet Fan
Verify that the controller cabinet fan operates properly with a minimum of noise. d. Cabinet Grounding
Using a megger, check the resistance between the AC and Ground in the controller cabinet.
e. Cabinet Vents
Check the vents in both the controller cabinet door and above the door, or at the top of the cabinet to ensure that they are free of any foreign material. f. Signal Monitor
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Verify that the time clock and date are correct in any Signal Monitor Unit (CMU or MMU) at all controller cabinets. Yearly testing of all Signal Monitor equipment shall be completed with the use of an automated testing device with the test results printed on a report that is to be maintained in the signal cabinet at all times.
The printed report containing the test results shall, at a minimum, include the following information: Report header with type of monitor tested and date tested; agency identification including manufacturer, model and serial number; related test information including operator, test site, and intersection location; and monitor verification with a description of type of tests performed and conditions found (i.e., failure or non-failure).
g. Connectors
Check all connectors (includes any connections on the main panel, interface panels and under detector racks) to ensure they are secure and free of corrosion. Apply diazo grease at least once every six (6) months to deter corrosion. h. Controller Cabinet Mounting
Check the snugness of the nuts on the controller cabinet anchor bolts, and tighten if necessary being sure not to distort the cabinet door opening by over tightening. i. Controller Cabinet Foundation Seal
Check the seal between the bottom of the cabinet and the foundation for deterioration if standing water or evidence of water is present inside the bottom of the controller cabinet. Reseal as necessary, and ensure there is a weep hole at the lowest point to allow any moisture in the cabinet to seep out.
j. Controller Operation
Manually place vehicle and pedestrian calls on each phase through the controller cabinet test switches or the controller keyboard to verify controller servicing of each active phase.
k. Detection Setup
Verify that the detector loop cables are correctly identified, connected to the correct vehicle detector field interface terminals, that the correct detector indicates a call, a call is placed on the correct controller detector input, and that the input places a call on the correct controller phase.
l. Detector Operation
Check detector units and systems including, but not limited to, inductive loops, and pedestrian push buttons for correct detection of both vehicles and pedestrians by observing the turn-on of the appropriate detection indicator as a vehicle passes over or through the detector loop(s)/zone; and adjust or repair said equipment as necessary to restore system to its intended operation.
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m. Door Gasket
Check all door gaskets on the controller cabinet, service cabinet and any other enclosures for evidence of moisture or deterioration. Completely replace any gaskets showing signs of leaking or deterioration.
n. Door Panel Harness
Check the harness leading from the door panel to the police and auxiliary panels on the cabinet door to ensure they are not being pinched and do not bind against the cabinet door. Adjust if necessary.
o. Equipment Displays and Indicators
Verify that all LED and LCD displays and indications (controller, CMU, load switches, flasher, etc.) are working properly.
p. Flash
Verify the operation of the flash transfer relays, that the flash rate is between 50 to 60 pulses per minute, that the “ON/OFF” state for each flash circuit are equal, and that all signal heads are flashing the correct color.
q. Ground Fault Receptacle
Verify the proper operation of “Test” and “Reset” buttons on GFCI type outlets. r. Hinges and Locks
Check for free movement of all doors, latching assemblies and locks on the controller cabinet, service cabinet and any other enclosures. Use a minimum of oil or spray lubricant and remove any excess.
s. Insect Infestation
Check for any signs of ants, wasps or other insects within the cabinet and take the necessary steps for extermination.
t. Interconnect
Check all traffic controller communications equipment (internal modems and/or interface modules) for proper operation and replace or repair as needed. The repair or replacement of traffic signal interconnect cables (copper and fiber) shall be extraordinary work and will require prior approval by the City before work is commenced.
u. Interior Light
Verify the proper operation of the controller cabinet’s interior fluorescent light and starter.
v. Intersection Timing
All traffic signal controller timing is compared weekly with a master data base located on the Cities Econolite Aries Master System. The cabinet controller timing sheets are 01004.0001/301445.11 9/28/2017 A-15
to be used only if controller is being replaced. Contractor shall notify the Traffic Engineer or his representative so the controller timing can be down loaded to the controller.
w. Intersection Records
Ensure that all intersection “As-Built” plans, cabinet wiring diagrams, necessary equipment operations manuals, controller data timing sheets, and log book are corrected and inside the cabinet. Contact Traffic Engineering to obtain any missing items.
x. Plug-in Components
Check that each plug-in component (rack mount detectors, relays, load switches, etc.) fits tightly and securely in its socket.
y. Preemption Devices
Test any preemption devices for proper operation.
z. Service Connections
Verify that the neutral, ground and power connections are secure in the controller and service cabinet at least once every six (6) months.
aa. Switches
Verify the correct operation of each position, including “OFF”, of all switches.
Repeatedly work all test and stop time switches to keep the switch contacts clean. bb. System Telemetry
Check operation of telemetry on controller display.
cc. Terminal Connections
Using the correct size insulated screwdriver, test each terminal screw backing off slightly then retightening to confirm that it is secure at least once every six (6) months. dd. Thermostat
Verify that the cabinet fan thermostat is set at 100 degrees Fahrenheit. ee. Vacuum Cabinet
Blow or brush off shelves, terminal blocks and components and thoroughly vacuum the interior of the controller cabinet including the police panel. Also blow out or vacuum the vent openings above the controller cabinet door. ff. Battery Back-up Systems
All deficiencies regarding existing Battery Back-up Systems will need to be identified and addressed as first work to be accomplished. Full LED signal indications have been installed at all signal locations. Battery Back-up Systems shall be programmed for full signal operation during a power outage. This will require the “on battery” contacts to be programmed for “full operation” and the “low battery contacts” to be programmed for “flash operation”. Each month the total battery voltage (4 batteries) shall be tested 01004.0001/301445.11 9/28/2017 A-16
and documented on the cabinet log book. Every (3) months the Battery Back-up System shall be activated for a minimum of (10) minutes and documented as to operation on the cabinet log book. The City shall be notified of any Battery Back-up System deficiencies and a fix solution as they occur. All replacement batteries shall be dated as to installation date with an up to date record kept on an every intersection basis of battery age. Battery Back-up systems or batteries shall be replaced at the unit price stated in the Schedule of Bid Items.
gg. Intersection Walk Around
Walk all the approaches of the intersection and visually inspect all signal poles, mast arms, signal heads and indications, traffic control signs, pedestrian signals, illuminated street name signs, loop sealants, pull box covers, and any other devices, and verify the correct placement and/or operation. Any inoperable vehicle or pedestrian indications, safety lights, or illuminated sign lamps shall be replaced under extraordinary maintenance; illuminated signs damaged beyond repair shall be reported to the City and replaced under extraordinary maintenance. All vehicle heads and pedestrian heads found to be out of alignment shall be properly aligned. Missing signs shall be replaced under extraordinary maintenance. Cracked or damaged loops sealants shall be resealed. All other equipment found missing or damaged shall be replaced or repaired. hh. Pedestrian Signals and Push Buttons
The Contractor shall maintain all pedestrian signal heads and push buttons in working order, and the cost incurred shall be included in the unit price for routine preventative maintenance per intersection. The replacement of defective parts will be extraordinary maintenance. New parts shall conform to current State of California Standard Specifications (Section 2, "Preventative Maintenance also applies) and as specified by the Director of Public Works or his authorized representatives. ii. Loop Detectors
The Contractor shall verify the condition of the loops in the roadway and take necessary preventative measures to ensure the longevity of the loop. This includes the splicing (or re-splicing) of detector loops and/or replacement of loop sealant. Cutting and installing new loops is considered extra work and will require prior approval by the City before work is commenced. The failure of a loop due to sealant not maintained is not considered extra work and will be repaired at the Contractor’s expense. jj. Signs
Traffic Control Signs shall be cleaned and adjusted as routine maintenance. The Contractor shall repair or furnish any damaged or missing traffic control signs or pedestrian push button plates affixed to any signal mast arm or pole under extraordinary maintenance.
kk. Traffic Signal Controller Assembly
The Contractor shall replace, repair, or otherwise render in good working order any and all defective traffic signal controller assemblies with like make and model assemblies as necessary to ensure the safe operation of said signal equipment. Solid state equipment shall be maintained according to the manufacturer’s specifications. 01004.0001/301445.11 9/28/2017 A-17
Traffic signal controller assemblies that become obsolete or that deteriorate beyond repair should be removed from service. The Contractor shall report such conditions to the City along with sufficient evidence to support the replacement of the equipment.
The replacement of the obsolete or unsalvageable equipment shall be at the discretion of the City and any approved replacements shall constitute extra work. ll. Before Leaving Intersection
Before leaving intersection during any routine or extraordinary maintenance, verify that all detector test switches are in “normal” position, and that the stop time switch is in the “auto” or “normal” position. Record all information (name, time, date, nature of work, etc.) in the cabinet log book. Immediately correct all safety deficiencies found during routine inspections and schedule non-emergency work with City staff. mm. Electrical Service
Electrical service (type II or Type III pedestal) Bi-annually customer section of electrical service shall be thoroughly cleaned and documented on the cabinet log book to date and time of cleaning.
Payment for Routine Preventative Maintenance
The City will compensate the Contractor monthly at the unit price for traffic signals and other items of work listed in Exhibit C, “Schedule of Compensation - Preventative Maintenance” and no additional compensation shall be allowed thereof; except for those specific items identified and authorized as Extraordinary Maintenance which will be compensated as set forth in this Scope of Work. Said compensation shall include all services rendered, including labor, materials, equipment, overhead, and profit.
A log sheet with a brief description of all routine and extraordinary maintenance activities shall be attached to each monthly invoice.
26. Extraordinary Maintenance
Generally, extraordinary maintenance involves the replacement of equipment damaged by acts of God, civil disorder, vehicle collisions, vandalism, construction activities, metal fatigue or defects, or merely equipment failure due to age or deterioration. The following list identifies the most common items of extra work:
Furnish and install replacement signal poles and/or mast arms Furnish and install replacement signal heads
Furnish and install replacement vehicle and pedestrian signal lamps Furnish and install replacement cabinet assemblies
Furnish and install replacement signal interconnect cables Furnish and install replacement signal controller assemblies Furnish and install replacement illuminated street name signs Furnish and install replacement illuminated safety lights 01004.0001/301445.11 9/28/2017 A-18
Cut and install replacement detector loops
Paint signal equipment
Emergency call-out response
Extraordinary maintenance includes all the labor and materials necessary to ensure the safe and efficient operation of the City’s traffic signal system that goes beyond the normal routine and preventative maintenance programs established by this Scope of Work. a. Illuminated Signal indication
During any inspection, all broken or deteriorated parts shall be replaced as necessary.
The Contractor shall furnish and replace all illuminated signal indications, incandescent and/or LED, and programmed visibility lamps that have failed or burnedout with new LEDs. The City may furnish the replacement LEDs. Replacement of said vehicle LEDs shall be considered extraordinary maintenance work as defined in this Scope of Work, unless said failure occurs within the initial warranty period of the LED. In cases where the City supply the LEDs, the City shall be billed for labor and equipment charges only, as defined in this Scope of Work. In cases where the Contractor supplies the LEDs, the LEDs shall be approved by the Director of Public Works or his authorized representatives. When installing or replacing LEDs, contractor shall label each with the date of installation.
b. Inductive Loop Replacement
Cost per loop is specified in the Contractor’s Schedule of Bid Items for Installation for Type E loops. Bid costs to install Type E loops per the following specifications:
Detector loops shall conform to the Provisions in Section 86-5, “Detectors”, of the Standard Specifications and this Scope of Work.
Loops shall be installed and working on the same day in which the loop slots are cut.
This shall include placement of the loop conductors and slot sealant. Loop detector lead-in cable shall be Type B.
Detector loop locations shall be approved by the Director of Public Works or his representatives, in the field prior to installation.
In testing a vacant loop, any drift that exceeds an average of more than 1 Hertz/minute shall be cause for rejection.
Type E detector loops (circular), per Standard Plan ES-5B shall be six (6) feet in diameter.
The sides of the slot shall be vertical and the minimum radius of the slot entering and leaving the circular part of the loop shall be three (3) inches. Slot width shall be a maximum of ¾ inch. Loop wire for circular loops shall be Type 2. 01004.0001/301445.11 9/28/2017 A-19
Slot sealant shall be Hot-Melt Rubberized Asphalt Sealant and conform to the provision in Section 86-5.01A (5) “Installation Details”, of the Caltrans Standard Specifications and as directed by the Engineer in the field.
c. Painting Traffic Striping, Pavement Markings, and Curb Markings Replacement / New
Work under this item shall be completed in accordance with Section 310 of the City of Cypress “Brown Book”. Payment shall be per Section 15 “Extraordinary Work not Listed in Exhibit C, “Schedule of Compensation”” for thermoplastic pavement striping, markers, and curb paint shall include payment of all tools, equipment, materials, labor, and services.
Work under this item shall include taking inventory of all pavement markings and striping before removal. In the event that any arterial cross-walk is to be restriped due to construction work, the Contractor shall restripe ALL adjoining crosswalks in the intersection.
d. Traffic Pedestrian Push Buttons Replacement / New
Work under this item shall be completed in accordance with the Caltrans 2022 Standard Specifications. Payment shall be per Section 15 “Extraordinary Work not Listed in Exhibit C, “Schedule of Compensation””
e. Traffic Control Devices and Signage Replacement / New Work under this item shall be completed in accordance with the. Payment shall be per Section 15 “Extraordinary Work not Listed in Exhibit C, “Schedule of Compensation””
Work Authorization
Extra work, except for emergency repairs as provided for in this Scope of Work, shall require prior written authorization from the City. The means of the authorization shall be a signature on a Contractor furnished Damage Report that will be returned to the Contractor either via facsimile or through the mail; however, in situations requiring immediate response, verbal authorization from the City Engineer or his authorized representative is sufficient followed by a written Damage Report. All items of work outline in said Damage Report, and authorized by the city, shall be completed by the Contractor to the City’s satisfaction within fourteen (14) calendar days unless specifically approved otherwise by the City. Should the Contractor be unable to complete the extra work within the specified time, the Contractor shall submit to the City a written explanation for the delay and an anticipated completion date for said work.