RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
March 2025 – City of Fountain Valley 35 | P a g e
(A-5) SCOPE OF WORK FOR FERTIGATION AND FERTIGATION SYSTEM MAINTENANCE – SPORTS PARK
36. FERTIGATION AND FERTIGATION SYSTEM MAINTENANCE (SPORTS PARK) A. Perform Fertigation and Fertigation System Maintenance according to the frequencies specified in Section A-5 herein and as specified in Section 63.
B. The objective of fertigation applications is to improve soil conditions so that the athletic field turf can develop deeper healthier root zone structure to achieve sustainable turf and improved aesthetic appearance.
C. Fertigation will be applied through the City’s three existing EZ025 fertigation tanks (25- gallon tanks) at three points of connection to the reclaimed water irrigation system at the Sports Park.
D. Contractor shall follow the Fertigation Schedule proposed by the Contractor in their proposal based on the current soil analysis report as adjusted and agreed upon by the Director of Public Works or his/her authorized representative. The Fertigation Schedule shall include the month of application, name of product, manufacturer of product, amount, and point of connection location.
E. Depending on the availability of the recommended product(s), similar products may be applied with the approval of the Director of Public Works or his/her authorized representative prior to application.
F. Application rates and products shall be adjusted or changed based on the soil analysis reports with the approval of the Director of Public Works or his/her authorized representative prior to application.
G. All fertigation products shall be new and unopened prior to use and a representative from the City shall be present when all products are applied to the fertigation tanks.
H. Contractor shall be responsible for the maintenance and repair of the City’s three EZ025 fertigation tanks. Contractor shall be responsible for any damage they cause to the fertigation tanks at the expense of the Contractor. Any upgrades, modifications, or replacement of the fertigation tanks shall be at the expense of the City based on an agreed upon unit price. All repairs, replacements, and upgrades to the fertigation system shall become part of the maintenance and repair agreement and property of the City of Fountain Valley.
I. The Contractor shall submit a separate monthly invoice for completed fertigation applications. The City will only pay for actual services performed as specified in the General Provisions, Section 20.
37. PENALTY FOR NONCOMPLIANCE
A. Failure to comply with the scope of work for Fertigation and Fertigation System Maintenance – Sports Park shall result in a performance deduction of $250 per incident, per day.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
March 2025 – City of Fountain Valley 36 | P a g e
(A-6) SCOPE OF WORK FOR SHRUB, GROUNDCOVER, AND TREE
MAINTENANCE – SPORTS PARK
38. SHRUB, GROUNDCOVER, AND TREE MAINTENANCE (SPORTS PARK) A. Perform Shrub, Groundcover, and Tree Maintenance according to frequencies specified in Section A-6 herein and as specified in Section 63.
B. Contractor is responsible for removing all sucker growth from trunks of trees to a height of fourteen (14) feet. Trimming of trees is not required.
C. String trimmers shall not be used to trim around trees. Shrubs and groundcover shall be maintained a minimum of one (1) foot from the trunks of trees by use of appropriate chemicals.
D. Trim and prune shrubs to encourage healthy growth habits, natural form, and proportion. Restrict growth of shrubbery to area behind curbs and within planter beds by pruning. This work shall be performed as needed during weekly maintenance.
Under no circumstances shall hedge shears be used as a means of pruning.
E. Trimming and pruning of shrubs for vehicular and pedestrian clearance, visibility, access, plant health, and appearance shall be performed in accordance with the contractually required maintenance frequencies. This work shall be performed as needed during weekly maintenance.
F. Landscape planters shall be maintained at a 75% fill rate at all times. For planters that do not currently meet the required fill rate, a plan shall be submitted to achieve the fill rate by the end of the contract term.
G. All dead, diseased, and unsightly branches, vines, or other growth shall be removed as they develop.
H. All trees shall be fertilized and aerated by Contractor in accordance with the National Arborist Association Standard for Fertilizing Shade and Ornamental Trees, National Arborist Association Standards current edition.
I. All groundcover areas shall be trimmed and/or pruned to maintain neat but natural edges. All groundcover and flower bed areas shall be kept neatly edged and free of grass invasion.
J. Apply 15-15-15 commercial fertilizer to slope and all groundcover areas as often as required to promote a healthy appearance, a minimum of 2 times a year in March and August. Water thoroughly to prevent burning. Apply at the rate recommended by the manufacturer that is listed on the package.
K. Chemical edging of groundcover boundaries may be performed, subject to approval of the Director of Public Works or his/her authorized representative, in a manner that ensures a defined edge and limits encroachment into beds or across boundaries where it is impractical to edge mechanically. A twelve (12) inch barrier width shall be considered normal.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
March 2025 – City of Fountain Valley 37 | P a g e
L. Groundcover shall be trimmed or limited around valve boxes, meter boxes, backflow devices, park equipment, and other obstacles; and around sprinklers as needed to provide optimum water coverage.
M. Groundcover shall be renovated as needed. Renovation of groundcover shall include thinning and/or shearing of groundcover and fertilization; and may include bed cultivating and/or mulching, as appropriate to the species and conditions and as directed by the Director of Public Works or his/her authorized representative.
N. Shearing: Only those plants specifically designated by the Director of Public Works or his/her authorized representative shall be sheared. These plants may also require additional thinning to maintain a healthy condition.
O. Except as specifically directed by the Director of Public Works or his/her authorized representative, groundcover plants shall be prevented from climbing utilities, shrubs, trees, and the like.
P. Remove and replace all dead shrubs and/or dead groundcover. The Director of Public Works or his/her authorized representative shall be notified 48 hours in advance of the removal of any shrubs and/or dead groundcover.
Q. All trimming and debris shall be removed and properly disposed of immediately.
R. Flowering plants shall be maintained free of excessive spent blooms, flower stalks, and the like as needed during weekly maintenance. Plants shall be renovated following peak bloom, and as needed, to produce optimum color production and plant health.
Renovation methods and timing shall be as approved by the Director of Public Works or his/her authorized representative.
S. Walkways, asphalt, and hardscape shall be cleaned immediately following each maintenance event.
39. PLANT MATERIALS (SPORTS PARK)
A. Plant materials shall conform to the requirements of the Landscape Plan of the area and to "Horticultural Standards" of American Association of Nurserymen as to kind, size, age, etc.
B. Plans of record and specifications should be consulted to ensure correct identification of species. Substitutions may be allowed but only with the prior written approval of the Director of Public Works or his/her authorized representative.
C. Quality
• Plants shall be sound, healthy, and vigorous; be free from plant disease, and insect pests or their eggs; have healthy normal root systems; comply with all state and local regulations governing these matters; and be free from any noxious weeds.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
March 2025 – City of Fountain Valley 38 | P a g e
• All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to quality by the Director of Public Works or his/her authorized representative.
D. Plant Materials Guarantee
• Contractor shall replace, at no cost to the City, any plant materials planted by Contractor under this Contract which fail to establish, grow, live, and remain in healthy condition, regardless of the reason for said failure. • All plants shall be guaranteed for ninety (90) days from the date of acceptance of the job by the Director of Public Works or his/her authorized representative. • Nothing in this section shall in any way reduce or remove Contractor’s responsibility as specified elsewhere in this Contract.
E. Newly planted areas shall receive special attention until plants are established.
Adequate water shall be applied to promote normal, healthy growth. Proper berms or basins shall be maintained during the establishment period.
40. MULCHING (SPORTS PARK)
A. A minimum three (3) inch layer of approved certified mulch shall be maintained in all tree, shrub, and groundcover areas. Mulch shall be placed in such a manner as to present a neat appearance, cover all bare soil, and not cover plant material or the bases of trees or shrubs.
B. All areas to receive mulch shall be free of weeds prior to mulching.
C. Mulch shall be maintained free of litter and foreign matter.
D. Contractor shall replenish mulch as required to maintain conditions specified in Section 40-A.
E. City shall pay the actual cost of mulch material(s) and delivery to City’s designated stockpile site(s) without markup for materials, labor, and equipment. Contractor shall supply, at its expense, all equipment and labor required to move mulch from the stockpile site(s) and to place mulch in required areas.
F. Mulching operation shall be accomplished in a timely manner, so that all material is removed, and stockpile site is left clean and level, all to the satisfaction of the Director of Public Works or his/her authorized representative. The Contractor shall implement appropriate and effective BMPs to ensure storm water pollution prevention compliance for all aspects of mulching operations at the designated storage site(s) and at mulching areas in the field.
G. City reserves the right to purchase and provide mulch to the Contractor. All other provisions of Section 40 shall be adhered to by the Contractor for City provided mulch.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
March 2025 – City of Fountain Valley 39 | P a g e
41. DISPOSAL OF MATERIALS (SPORTS PARK)
A. All debris produced as a result of the Contractor’s operations under this Contract will be reduced, reused, recycled, and/or transformed to the greatest extent possible. The Contractor is required to provide the Director of Public Works or his/her designee with documentation, such as bills of lading, describing the amount of material that was reduced, reused, or recycled; the method used; and where it was used as proof of final disposal.
• Reducing will include, but not be limited to, chipping, grinding, and/or shredding operations. Disposal is to be at a recycling yard for use in a tub grinding and/or mulching program.
• Reuse will include, but not be limited to, using chipped, ground, or shredded material as mulch. If the Contractor has a location outside the City where such mulch may be applied, the contractor is to provide the Director of Public Works or his/her authorized representative with documentation from the property owner indicating location and amount of material that will be used. • Recycling will include, but not be limited to, chipped, ground, or shredded plant material used to produce compost.
B. The City shall provide a general-purpose refuse bin and a green waste bin at the Maintenance Compound for the Contractor to utilize for work performed at the Sports Park.
C. Republic Services is the exclusive franchise waste hauler for the City. Per the terms of the City’s agreement with Republic Services, the City’s landscape maintenance contractor may dispose of all litter and debris collected within the City of Fountain Valley free of charge at the Republic Services Transfer Station located at 17121 Nichols Lane, Huntington Beach, CA 92647, consistent with historical averages. The City strongly encourages the Contractor to dump all waste collected under this Contract at the designated Republic Services Transfer Station. The Contractor shall only dispose of waste material collected as part of the contracted Sports Park, Parks, and Civic Facilities landscape maintenance services for the City of Fountain Valley.
The Contractor shall not import any debris collected outside the City’s boundaries.
Contractor shall make arrangements with Republic Services prior to commencement of contracted work to dispose of all City debris and litter collected from project areas at no cost to the Contractor or City.
Only Republic Services will be allowed to provide construction bins for rubbish disposal within the City of Fountain Valley.
D. Costs for disposal of materials, at locations other than the designated Republic Services Transfer Station, shall be the responsibility of the Contractor. No additional compensation for disposal shall be allowed.
E. The Contractor shall furnish copies of all weight tickets to the City on a monthly basis in compliance with State mandated reporting requirements.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
March 2025 – City of Fountain Valley 40 | P a g e
42. PENALTY FOR NONCOMPLIANCE
A. Failure to comply with the scope of work for Shrub, Groundcover, and Tree Maintenance – Sports Park shall result in a performance deduction of $250 per incident, per day.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
March 2025 – City of Fountain Valley 41 | P a g e
(A-7) SCOPE OF WORK FOR IRRIGATION AND IRRIGATION MAINTENANCE –
SPORTS PARK
43. IRRIGATION (SPORTS PARK)
A. Perform Irrigation and Irrigation Maintenance according to frequencies specified in Section A-7 herein and as specified in Section 63.
B. All landscaped and turf areas shall be irrigated, as required to maintain healthy adequate growth and appearance, with a schedule most conducive to plant growth.
The delivery of adequate moisture to the landscaped areas shall include, but not be limited to, hand watering, operation of manual valves, and proper utilization of automatic controllers and valves.
C. Contractor shall ensure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and capable of performing proper programming and operation of the irrigation systems.
D. Irrigation system controllers shall be programmed by Contractor, at the direction of the Director of Public Works or his/her authorized representative. The Calsense system is currently deployed at the Sports Park. The Contactor shall notify the Public Works Director or his/her authorized representative of any adjustments to the irrigation system.
E. The City shall provide the Contractor with a special events schedule on a weekly basis.
The Contractor shall make adjustments to the irrigation schedule to ensure that special event areas are suitably dry and irrigation does not come on automatically and damage property or equipment.
F. Areas not provided with an automated irrigation system shall be hand watered by the Contractor. This includes situations where the automatic system is inoperable for any reason. The Contractor shall be responsible for providing all equipment, such as hoses, couplers, and nozzles to accomplish this task.
G. Watering shall be regulated to avoid interference with any use of roadways, paving, or decomposed granite walkways.
H. Controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or early morning hours (between 10:00 p.m. – 6:00 a.m.).
I. Supplemental watering may be performed outside of the time period specified in Section 43-H. The Contractor shall request permission to adjust schedules from the Director of Public Works or his/her authorized representative prior to changing approved irrigation schedules or performing other supplemental watering.
J. Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
March 2025 – City of Fountain Valley 42 | P a g e
K. No irrigation shall be done during periods of measurable rain without prior approval of the Director of Public Works or his/her authorized representative.
L. The Contractor shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering.
44. IRRIGATION MAINTENANCE, REPAIR, AND TESTING (SPORTS PARK) A. Contractor shall provide labor, equipment, and parts (City shall provide parts above the monthly allowance) for maintenance of the irrigation system including repairs and replacements (whether due to damage, malfunction, vandalism, normal wear, or other cause) of all components except the following:
1. main lines
2. valves (control valves, ball valves, and the like, not including quick couplers)
3. pumps
4. automatic controllers and appurtenant devices (ET and rain gauge, antenna, and the like)
5. backflow devices
6. pressure regulators
These items shall be repaired or replaced by the Contractor as Extra Work, or by other forces, at the discretion of the Director of Public Works or his/her authorized representative.
B. Contractor shall notify Director of Public Works or his/her authorized representative of any damaged, deficient, or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment.
C. Repair or replacement of irrigation components that are identified as the Contractor's responsibility shall be completed before the next watering cycle or sooner to prevent damage to turf or landscaping, unless the repair is otherwise deemed urgent by the Director of Public Works or his/her authorized representative.
D. Replacement of irrigation equipment shall be to City Standards, and with the same size and quality. Substitutes shall be approved by the Director of Public Works or his/her authorized representative prior to any installation thereof.
E. The Contractor shall be responsible for the first $350 in replacement irrigation parts per calendar month. The contractor shall provide invoices for all repair parts in a given month to qualify for reimbursement above the initial $350. The contractor shall be compensated for actual cost of parts that exceed the $350 allowance without markup.
The Contractor shall not defer repairs from month to month in order to avoid payment of the initial $350 per month in parts.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
March 2025 – City of Fountain Valley 43 | P a g e
F. Contractor’s Irrigation Technician shall be fully trained in all phases of landscape irrigation systems, Qualified Water Efficient Landscaper (QWEL) certified, thoroughly familiar with the particular equipment in use, and fully equipped and capable of identifying and isolating problems and performing the proper programming, inspection, testing, repair, and maintenance of the irrigation systems. All of Contractor’s personnel working on irrigation systems, shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician.
G. Contractor shall equip its Irrigation Technician at the Contractor’s own expense with a Calsense Radio Remote handheld remote valve actuator or other device capable of operating the City’s Calsense irrigation control system.
H. Prior to testing a system, Contractor shall inspect all irrigated areas, noting and marking with a flag marker any dry or stressed areas. During the course of the irrigation test, Contractor shall determine the cause of the noted deficiency and make needed repairs.
I. Contractor shall sequence controller(s) to each station to check the function of all facets of the irrigation system.
J. During irrigation testing Contractor shall:
1. Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention of runoff and erosion, and prevention of excessive overspray onto adjacent areas.
2. Check for and correct all leaks, including pipes, risers, seals, turrets, etc.
3. Clean, flush, adjust, repair, or replace any equipment, head, nozzle, or component that is not functioning to manufacturer’s specifications.
4. Test with controller or remote (no bleeding), and adjust valves and heads to keep all systems operating at manufacturer's recommended operating pressures. Valve throttling and pressure gauging shall be employed to prevent excessive fogging.
5. Check valve boxes and covers. Repair or replace as needed to include the original branding identification number. Replace and secure cover bolts as needed.
6. Check for low-head drainage. Clean, repair, or replace malfunctioning or missing anti-drain devices, including in-head check devices.
K. Any unresolved system malfunction, damage, or deficiency shall be reported, including affected valve station(s) and other pertinent details, to the Director of Public Works or his/her authorized representative. Said reporting may be verbal or in writing at the discretion and to the satisfaction of the Director of Public Works or his/her authorized representative.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
March 2025 – City of Fountain Valley 44 | P a g e
L. In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed, or reported.
M. CITY shall be responsible for performing the annual certification of backflow devices.
N. All valve boxes shall be identified with heat-branded markings as directed by the Director of Public Works or his/her authorized representative.
O. Contractor shall submit as-built drawings of all modifications to irrigation systems, including piping, relocation of equipment or sprinkler heads, replacement of heads with another make or model, changes in nozzling, and the like. As-built changes shall be completed to the satisfaction of the Director of Public Works or his/her authorized representative. As-built drawings shall be made neatly and legibly on a blue-line copy of the irrigation drawings supplied by the Director of Public Works or his/her authorized representative and shall be submitted within 2 working days of completion of the work.
P. Frequencies of irrigation testing shall be one (1) time per month, or more frequently if problems or conditions indicate a need.
45. PENALTY FOR NONCOMPLIANCE
A. Failure to comply with the scope of work for Irrigation and Irrigation Maintenance – Sports Park shall result in a performance deduction of $250 per incident, per day.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
March 2025 – City of Fountain Valley 45 | P a g e
(A-8) SCOPE OF WORK FOR SPORTS FIELD MAINTENANCE – SPORTS PARK
46. FIELD MARKINGS / PAINTING (SPORTS PARK)
A. The Contractor shall be responsible for the layout and markings of soccer play surfaces on Fields A, B, C, D, E, and F. This shall be completed at least five times per contract year. Repainting of field markings shall be performed as often as needed due to use. The Contractor shall provide paint and equipment to perform this task. Paint must be approved for turf use.
B. Fields A, B, C, D, and E will require one regulation size layout as well as other smaller inlays in colors selected by the Director of Public Works or his/her authorized representative. If needed, Field F will be laid out at the request of the Director of Public Works or his/her authorized representative.
C. The Contractor shall utilize a transit and string line to lay out fields. All markings shall be true to line and grade.
D. The Contractor shall refresh lines no less than every week or as needed.
E. The Contractor shall provide all paint for layout and refreshing of lines. Paint shall be in the color selected by the City and shall be approved for use on turf. Contractor shall submit paint and paint color for approval.
F. Layout and markings will be compliant with FIFA guidelines or as otherwise requested by the Director of Public Works or his/her authorized representative.
47. GOAL POST PLACEMENT (SPORTS PARK)
A. The Contractor shall be responsible for the placement and removal of goal posts from Fields A, B, C, D, E, and F. The Contractor shall be responsible for securing the equipment as specified by the Director of Public Works or his/her authorized representative when the fields are not scheduled.
B. Securing of Goal Posts shall be done in compliance with the “Guidelines for Movable Soccer Goal Safety” as submitted by the U.S. Consumer Product Safety Commission, January 1995.
C. The Contractor shall move up to 7 pairs of soccer goals a total of 7 times each per contract year or as directed by the Director of Public Works or his/her authorized representative.
48. USER GROUP MAINTENANCE (SPORTS PARK)
A. The following user groups are responsible for the following maintenance of the identified fields, during the established periods. During all other times of the year, the Contractor shall be responsible for maintenance.
• Little League – Fields 12, 13, 14, and 15
o First Monday in February to July 31
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
March 2025 – City of Fountain Valley 46 | P a g e
o Drag, water, and line infields
o Cut arcs and diamonds
o Mow and maintain infield grass
• Pony Baseball – Fields 8, 9, 10, and 11
o First Monday in February to August 15
o Drag, water, and line infields
o Cut arcs and diamonds
• Fountain Valley Girls Fast Pitch Softball – Fields 5, 6, and 7 o First Monday in February to June 30
o Drag, water, and line infields
o Cut arcs and diamonds
49. PENALTY FOR NONCOMPLIANCE
A. Failure to comply with the scope of work for Sports Field Maintenance – Sports Park shall result in a performance deduction of $250 per incident, per day.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
March 2025 – City of Fountain Valley 47 | P a g e
(A-9) SCOPE OF WORK FOR INFIELD MAINTENANCE – SPORTS PARK
50. MARKING / CHALK / PAINT (SPORTS PARK)
A. The Contractor shall be responsible for chalking Fields 1-4 Monday through Friday.
B. Paint approved for turf shall be applied as specified on a weekly basis or more often as needed. The Contractor shall provide paint and equipment to perform this task.
C. The Contractor shall be responsible for painting the outfield foul lines on Fields 1-15 weekly, at a minimum.
D. The Contractor shall paint a co-ed arc in the outfield of Fields 1-7 on a weekly basis.
Arcs shall extend from foul line to foul line at 180 linear feet from home plate.
51. SKIN / BASELINE AREAS (SPORTS PARK)
A. Maintain a level surface with uniform consistency throughout the areas. The daily work is dictated by the scheduling in the RecTrac programing software. Problem areas include edges, player position areas, sliding areas, and lead-off areas.
Daily: Drag, level, rake, wet down, chalk
Every 2 Weeks: Scarify 1/2” deep, level depressions
Monthly: Re-screen surface, scarify, add calcined clay, level Every 2 Months: Add soil conditioner
Annually: Scarify, add Angel Mix as needed, laser level, add calcinated clay as needed
B. Contractor shall use a walk behind rotary spreader to spread calcined clay conditioner onto the skinned infield surface in an even pattern being careful not to throw any materials onto turf or hardscape. The contractor shall be responsible for supplying the calcined clay conditioner. The Contractor may be required to apply up to 20 bags of calcined clay to an infield at one time.
C. Contractor shall spread Lesco Turface All Sport Soil Conditioner, or equivalent approved by the Director of Public Works or his/her authorized representative, onto the skinned infield surface in an even pattern being careful not to throw any materials onto turf or hardscape. The Contractor shall be responsible for supplying the Lesco Turf All Sport Soil Conditioner. The Contractor may be required to apply up to 30 bags of Lesco Turf All Sport Soil Conditioner to an infield at one time.
D. Contractor shall spread Turface Gamesaver Sports Field Conditioner, or equivalent approved by the Director of Public Works or his/her authorized representative, on infield when needed after rain/inclement weather. The Contractor may be required to apply up to 20 bags of Turface Gamesaver Sports Field Conditioner to an infield at one time.
52. SKIN / BASELINE AREAS – BALLFIELD CLOSURE MAINTENCE (SPORTS PARK) A. Contractor shall perform the following infield maintenance during periods of ballfield closure.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
March 2025 – City of Fountain Valley 48 | P a g e
B. Maintain a level surface with uniform consistency throughout the areas. Problem areas include edges, player position areas, sliding areas, and lead-off areas.
Daily: Drag, level, rake, wet down
Every 2 Weeks: Scarify 1/2” deep, level depressions
Monthly: Re-screen surface, scarify, add calcined clay, level Every 2 Months: Add soil conditioner
Annually: Scarify, add Angel Mix as needed, laser level, add calcinated clay as needed
C. Contractor shall use a walk behind rotary spreader to spread calcined clay conditioner onto the skinned infield surface in an even pattern being careful not to throw any materials onto turf or hardscape. The contractor shall be responsible for supplying the calcined clay conditioner. The Contractor may be required to apply up to 20 bags of calcined clay to an infield at one time.
D. Contractor shall spread Lesco Turface All Sport Soil Conditioner, or equivalent approved by the Director of Public Works or his/her authorized representative, onto the skinned infield surface in an even pattern being careful not to throw any materials onto turf or hardscape. The Contractor shall be responsible for supplying the Lesco Turf All Sport Soil Conditioner. The Contractor may be required to apply up to 30 bags of Lesco Turf All Sport Soil Conditioner to an infield at one time.
53. DRAGGING EQUIPMENT / TECHNIQUES (SPORTS PARK)
A. The following dragging techniques shall be applied to all baseball/softball infields. All dragging should avoid the grass edges by staying at least one foot away – the area next to the grass edge shall be hand raked towards the infield.
B. Scarifying drag: Loosen and mix the top 1/2” of skin material (clay) with the conditioner (topdressing) material typically consisting of calcinated or vitrified clay. Scarifying drags also level the cleat marks created in the skin base clay. Baselines shall be dragged by hand if there is grass on both sides.
C. Leveling drag: Fill in minor swales created from sliding and concentrated cleat activity at the player position areas and baselines. Use caution when dragging near the grass edges to avoid moving any loose soil into the grass thus creating a lip problem. For best results on the skin area, dragging with a level drag should be in circles with a minimum turning radius of the equipment used to pull the drag. A medium turning radius at a slow speed prevents the tires on the equipment from digging into the clay base. Keeping the turning radius the same and overlapping the drag width halfway from the previous drag pass will help ensure a more uniform and level surface.
D. Grooming drag: Puts the finishing touches on the leveling process by eliminating any ridges created by the scarifying and leveling drags. It also helps establish a more uniform distribution of the conditioner or topdressing material.
54. EDGES (SPORTS PARK) – All sports field infield turf and back radius of softball fields shall be edged to maintain a neat, clean edge that defines a clear delineation between turf
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
March 2025 – City of Fountain Valley 49 | P a g e
and infield surface. Straight runs of infield turf shall be edged and maintained in a straight (Not Curving) line. The Contractor shall use a string line to ensure the straight edge is maintained. All grass clippings and Bermuda runners are to be removed and infield mix retained and raked back to edge of turf. Proper field dimensions for baseball and softball infields shall be maintained as directed by the Director of Public Works or his/her authorized representative at all times. If the straight line of infield turf or proper ball field dimensions are not maintained, the Contractor will reestablish the straight line or proper field dimensions with new sod. The new sod will match the existing turf conditions. Old turf will be removed to the extent necessary to allow the repairs to be completed using a full width cut of new sod. This repair work will be at the direction and timing of the Director of Public Works or his/her authorized representative.
Daily: Rake/broom level
Every 2 Weeks: Maintain level grade
Monthly: Re-screen surface, scarify, add calcined clay, level Annually: Scarify, add Angel Mix as needed, laser level, add calcinated clay as needed
55. MOISTURE MANAGEMENT (SPORTS PARK) – The key component to any good infield skin and baseline is proper moisture within the soil profile. Proper moisture can take a poor performing infield and turn it into one of superior performance.
Daily Maintenance: Apply even moisture
56. PITCHER’S MOUND / HOME PLATE AREA (SPORTS PARK)
Daily pitcher’s mound and home plate maintenance is required.
Repair holes on the mound and in the batter and catcher boxes utilizing this 5-step process:
• Step 1: Using a kitchen broom remove all loose soil from holes – the base of the hole should be firm and hard.
• Step 2: Using a pump-up sprayer or a hose with an on/off nozzle set to a trickle, wet the base of the hole to the point where the clay in the bottom of the hole becomes sticky and slightly slimy – make sure the edges of the hole are wet as well.
• Step 3: Add moist clay material to the hole.
• Step 4: Compact the applied clay material with a tamper making sure the compaction is occurring throughout the entire area of the hole. Compact area until it is level with the surrounding surface.
• Step 5: Keep clay moist for best playability and minimal disruption – apply light amounts of water as needed to prevent clay from drying out and cracking.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
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Key mound repair areas will include the launch area (next to the rubber), the landing area (approximately 5 feet down the slope from the rubber), and the follow-through area (approximately 3 feet to the right and left of the landing area).
Key home plate areas will include the holes in both batter’s boxes, the catcher’s box, the start line toward 1st base (typically located just outside the right batter’s box and in line with the foul line), and the sliding area into home plate from 3rd base side.
57. MOUND MAINTENANCE (SPORTS PARK)
Daily: Repair holes with clay
Every 2 Weeks: Reestablish perch/slope
Monthly: Reestablish circle, reestablish height
Annually: Reestablish circle, height, perch, and slope; rotate rubber.
Laser level/grading to be scheduled first week after field closure.
Schedule for laser level/grading must be submitted a minimum of 6 months prior to commencement of work.
58. BATTER’S BOXES (SPORTS PARK)
Daily: Repair holes with clay
Every 2 Weeks: Re-level area
59. BULLPEN MAINTENANCE (SPORTS PARK)
Daily: Clean, sweep, and remove debris
Annually: Rotate pitching rubber and home plate
60. BASELINE MAINTENANCE (SPORTS PARK)
Daily: Drag, level, rake, chalk
Every 2 Weeks: Power edge, scarify, level
Monthly: Add Angel Mix as needed
Annually: Edge, scarify, laser level
61. BASE MAINTENANCE (SPORTS PARK)
Daily: Check anchors/sleeves, and rubber
Every 2 Weeks: Paint white on Fridays with paint diluted 10:1 (water:paint) Monthly: Repair/replace as needed
Annually: Repair/replace as needed
62. PENALTY FOR NONCOMPLIANCE
A. Failure to comply with the scope of work for Infield Maintenance – Sports Park shall result in a performance deduction of $250 per incident, per day.
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63. MAINTENANCE FREQUENCIES – SPORTS PARK
The following maintenance frequencies shall apply to the following tasks at the Sports Park:
Irrigation Maintenance 2
Testing 4
Turf Maintenance
Mowing (Varies per A-3) 2
Edging 2
Trimming 2
Pruning 2
Weed Control 2
Clipping Removal 2
String Trim 2
Fertigation 8
Fertilize 5
Aerate/Thatch 10
Winter Overseeding 7
Pest Control 3
Visual Inspection 2
Planters & Groundcover Maint. daily 1
Edging 2 weekly 2
Trimming 4 every 2 weeks 3
Cultivate 5 monthly 4
Weed Control 2 every 2 months 5
Fertilize 6 quarterly 6
Pest Control 8 annually 7
Shrub Maintenance as needed 8
Weed Control 2 2x per year 9
Trimming 4 9x per year 10
Pruning 4
Fertilize 9
Pest Control 8
Tree Maintenance
Fertilize 7
Restake/Check 8
Pest Control 8
Hardscape Maintenance
Gutters, Curbs, Sidewalks, & Misc. Asphalt and Concrete 1 Playground Maintenance
Washing/Power Washing Playground Equipment 6
Washing/Power Washing Playground Surface 5
Trash and Litter Pickup – includes sweeping/blowing off pour-in place rubber surface material 1
Drinking Fountain Maintenance 1
DG Walkway 8
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SCHEDULE “B” – PARKS
64. STAFFING – The Contractor shall supply a dedicated crew to perform the landscape maintenance at the Parks (Schedule “B”) and Civic Facilities (Schedule “C”). Based on experience, the City has found that the ideal work force, in addition to any supervisors or specialist positions, is a minimum of seven (7) full-time maintenance workers for the Parks & Civic Facilities.
65. PARKS INVENTORY – SCHEDULE “B” – The following represents the City’s Parks inventory to be maintained under this Agreement. *The measurements are approximate, and all measurements shall be verified by the contractor prior to submitting a bid.
B-1
Allen Park 16149 Mesquite Street
3.90 Acres*
B-2
Colony Park
0.68 Acres*
10252 Circulo de Juarez
B-3
Cordata Park
6.23 Acres*
18761 Cordata Street
B-4
Courreges Park
12.31 Acres*
8664 Rogue River Avenue
B-5
Ellis Park
3.02 Acres*
10301 Ellis Avenue
B-6
Fulton Park
13.27 Acres*
8620 El Lago Avenue
B-7
Harper Park 8675 Bluebird Avenue
8.14 Acres*
B-8
Helm Park 9170 Helm Avenue
3.10 Acres*
B-9
La Capilla Park 9720 La Capilla Avenue
2.37 Acres*
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B-10
Los Alamos Park 17901 Los Alamos Street
3.99 Acres*
B-11
McDowell Park 17200 Oak Street
1.00 Acre*
B-12
Moiola Park 9770 Finch Avenue
1.12 Acres*
B-13
Monroe Park 11370 Mount Bodie Avenue
3.80 Acres*
B-14
Nieblas Park 9300 Gardenia Avenue
1.00 Acre*
B-15
Plavan Park 9745 Warner Avenue
2.06 Acres*
B-16
Stonecress Park 11240 Stonecress Avenue
2.22 Acres*
B-17
Vista View Park 9235 Honeysuckle Avenue
3.03 Acres*
B-18
Westmont Park 8640 El Rancho Avenue
11.39 Acres*
B-19
Extra Work** Stipulated Amount
** Extra Work is not guaranteed and is subject to approval by the City.
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SCHEDULE “B” – BASE SCOPE OF WORK FOR PARKS
66. SHRUB, GROUNDCOVER, AND TREE MAINTENANCE (PARKS)
A. Contractor is responsible for removing all sucker growth from trunks of trees to a height of fourteen (14) feet. Trimming of trees is not required.
B. String trimmers shall not be used to trim around trees. Shrubs and groundcover shall be maintained a minimum of one (1) foot from the trunks of trees by use of appropriate chemicals.
C. A 36-inch diameter circle shall be established and/or maintained around young trees with immature bark or caliper of less than 6 inches. Circles may include a watering basin, and/or a 3-inch-deep layer of mulch, where appropriate, as directed by the Director of Public Works or his/her authorized representative. Circles shall be kept free of weeds and grasses by use of appropriate chemicals.
D. Trim and prune shrubs to encourage healthy growth habits, natural form, and proportion. Restrict growth of shrubbery to area behind curbs and within planter beds by pruning. This work shall be performed as needed during weekly maintenance.
Under no circumstances shall hedge shears be used as a means of pruning.
E. Trim and prune shrubs for vehicular and pedestrian clearance, visibility, access, plant health, and appearance. Major shrub pruning/trimming shall be performed in accordance with the contractually required maintenance frequencies. Shrubs shall be pruned as required to ensure clear vehicular and pedestrian visibility and clearance.
The Contractor shall eliminate all obstructions within 2 working days of written notification.
F. Plant material encroaching onto or from City property shall be trimmed back to property line. Plants growing over fences and sidewalks from private property adjacent to contracted areas shall be trimmed back to the property line to a height of 14 feet. This work shall be performed as needed during weekly maintenance.
G. All dead, diseased, and unsightly branches, vines, or other growth shall be removed as they develop. This work shall be performed as needed during weekly maintenance.
H. All groundcover areas shall be trimmed/pruned to maintain neat but natural edges. All groundcover and flower bed areas shall be kept neatly edged and free of grass invasion. This work shall be performed as needed during weekly maintenance.
I. Plants growing over curbing and/or sidewalks shall be maintained even with the edge of sidewalk or curb and be trimmed on a natural taper rather than vertical so as not to appear to be hedged. This work shall be performed as needed during weekly maintenance.
J. Chemical edging of groundcover boundaries may be performed, subject to approval of the Director of Public Works or his/her authorized representative, in a manner that ensures a defined edge and limits encroachment into beds or across boundaries
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where it is impractical to edge mechanically. A twelve (12) inch barrier width shall be considered normal.
K. Groundcover shall be trimmed or limited around valve boxes, meter boxes, backflow devices, park equipment, and other obstacles, and around sprinklers as needed to provide optimum water coverage.
L. Groundcover shall be renovated as needed. Renovation of groundcover shall include thinning and/or shearing of groundcover and fertilization; and may include bed cultivating and/or mulching, as appropriate to the species and conditions and as directed by the Director of Public Works or his/her authorized representative.
M. Shearing: Only those plants specifically designated by the Director of Public Works or his/her authorized representative shall be sheared. These plants may also require additional thinning to maintain a healthy condition.
N. Except as specifically directed by the Director of Public Works or his/her authorized representative, groundcover plants shall be prevented from climbing utilities, shrubs, trees, and the like.
O. Remove all dead shrubs and/or dead groundcover. The Director of Public Works or his/her authorized representative shall be notified 48 hours in advance of the removal of any shrubs and/or dead groundcover.
P. All trimming and debris shall be removed and properly disposed of immediately at Contractor’s expense.
Q. Flowering plants shall be maintained free of excessive spent blooms, flower stalks, and the like as needed during weekly maintenance. Plants shall be renovated following peak bloom, and as needed, to produce optimum color production and plant health. Renovation methods and timing shall be as approved by the Director of Public Works or his/her authorized representative.
R. Walkways, asphalt, and hardscape shall be cleaned immediately following each maintenance event.
67. ICE PLANT (PARKS)
A. Ice Plant must be trimmed not more than one (1) foot from curb or back of sidewalk (as determined by the Director of Public Works or his/her authorized representative) to prevent growth onto the sidewalks, curb and gutter, or any other areas that are not intended to be covered. Cuttings and debris shall be removed same day.
68. TURF MOWING (PARKS)
A. All turf mowing/edging operations shall be performed weekly throughout the contract period.
B. Turf edging shall be performed with a fixed blade edger. All edges shall be smooth, uniform, and clean in appearance.
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C. Mowing shall be performed in a workmanlike manner that ensures a smooth surface appearance without scalping or allowing excessive cuttings to remain. Clippings need not be collected unless clippings are excessive and/or visible, or as directed by the Director of Public Works or his/her authorized representative.
D. Turf mowing height shall be varied dependent upon season. Normally, turf shall be mowed to a height of 2 1/2 inches March 1 through September 30. Normally, turf shall be mowed to a height of 2 inches from October 1 through February 28. Mowing heights may be altered dependent upon weather conditions as directed by the Director of Public Works or his/her authorized representative.
E. All walkways, roadways, trails, parking lots, or other areas dirtied by mowing operations shall be cleaned and all debris disposed of off-site prior to the completion of that day's mowing operations or the end of the day, whichever occurs first.
F. All mowing missed due to inclement weather or ground conditions from such weather shall be rescheduled and completed the following working day. If adverse weather or wet ground conditions persist, the Director of Public Works or his/her authorized representative may authorize a change in the approved schedule.
G. All trash, paper products, and fecal matter shall be removed before mowing begins and will not be run over by mowing equipment. All grass, leaves, and other debris generated by the Contractor’s operations shall be removed and properly disposed.
H. Turf shall be mowed with a mower appropriate to the particular turf type being mowed.
Equipment shall be properly maintained, cleaned, adjusted, and sharpened.
I. All mowing equipment shall be thoroughly cleaned following each mowing operation and prior to being transported to any other site.
J. The Contractor shall be responsible for any neglected, stressed, or damaged areas due to lack of proper maintenance. Should the Contractor fail to remedy the conditions, the City shall cause the same to occur at the expense of the Contractor.
K. Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles located within the turf areas such as irrigation heads, irrigation valve boxes, quick couplers/boxes, electrical boxes, or fixtures. Do not mow areas that are wet. Alternate mowing patterns whenever possible to prevent wheel ruts. If ruts are made, or damages incurred, Contractor will immediately schedule repairs at their expense.
L. Animal and human fecal matter shall be removed during weekly maintenance operations and as needed.
69. WEED CONTROL (PARKS)
A. All areas shall receive diligent control of weeds by mechanical removal and employing all industry-recognized, legal methods, including Integrated Pest Management (IPM) Standards, as approved by the Director of Public Works or his/her authorized
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representative.
B. The following areas shall be kept weed free at all times: turf areas; shrub areas; groundcover beds; planters; cracks in paved areas, including curbs and asphalt; all hardscapes; and areas covered with mulch or ornamental rock. In addition, all shrub beds, planters, and other landscaped areas shall be maintained weed free. No dyes shall be used when applying liquid weed control to paved and non-concrete walkways.
C. Chemical applications shall be done as needed. Weeds, which grow from or spread by underground stolons, tubers, and the like, such as Bermuda Grass, Nutgrass, and Ragweed, shall be controlled using appropriate chemical controls. Said weeds shall not be physically removed until chemical action is complete.
D. Inspect, spot treat, or mechanically remove weeds as necessary. Hand weeding or spot treatment of all areas is to be performed as often as necessary to ensure a weed free condition.
E. Apply appropriate pre-emergent herbicides to prevent germination of known problem weeds. Target weeds shall include, but are not limited to, Kikuyu, Bermuda, Nutgrass, Crabgrass, Ragweed, Poa, Spurge, Oxalis, and annual weeds and grasses.
F. Pre-emergent herbicide materials to be used shall be as approved by the Director of Public Works or his/her authorized representative. Materials to be used shall be those best suited to the control of the target weeds in the given planting.
G. Pre-emergent herbicide applications shall be carefully scheduled as approved by the Director of Public Works or his/her authorized representative and shall be made per label instructions for optimum control. Scheduling of pre-emergent herbicide applications shall be reflected on the annual calendar along with notation identifying material name and target weeds.
H. Pre-emergent herbicide applications shall be made annually and as required for optimum control of target weeds.
I. Contractor shall be responsible for the results of application of all herbicides and chemicals. Plants killed or severely injured by the use of herbicides shall be replaced at no cost to the City with the nearest size nursery stock available to the dead or severely damaged plant. All replacements must be made within fifteen days upon discovery by Contractor and/or City representative.
J. The Contractor shall provide any legally required posting prior to utilizing herbicides and shall remove the postings at the appropriate time.
70. DISEASE AND PEST CONTROL (PARKS)
A. The Contractor shall provide complete and continuous control and/or eradication of all plant pests or diseases. All landscaped areas shall be maintained free of disease and insects that could cause or promote damage to plant materials, including, but not limited to, trees, shrubs, groundcover, and turf.
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B. The Director of Public Works or his/her authorized representative shall be notified immediately of any disease, insects, or unusual conditions that might develop.
C. A disease control program to prevent all common diseases from causing serious damage shall be provided and utilized on an as needed basis. Disease control shall be achieved utilizing materials and rates recommended by a California Pest Control Advisor and/or Qualified Applicator Licensed (QAL) / Qualified Applicator Certified (QAC) applicator at the Contractor’s expense.
D. Contractor shall eradicate or remove bees, ants, gophers, rodents, and other pests, which the Director of Public Works or his/her authorized representative deems to be a public hazard or nuisance, utilizing Integrated Pest Management (IPM) standards.
Contractor shall have bees safely removed by a beekeeper whenever possible.
Contractor shall arrange for and assume the expense of such operations, if not under its immediate capabilities, within a 24-hour period after notification from the Director of Public Works or his/her authorized representative.
E. Gophers and other rodents shall be eliminated immediately by appropriate, approved exterminating techniques (traps, poison, etc.).
F. Frequency of disease and pest control operations shall be daily as needed. Contractor must notify the Director of Public Works or his/her authorized representative fifteen (15) City business days in advance before applying pest control chemicals.
G. Monthly, the Contractor shall complete a pesticide spray log for any pesticides used. (Failure to submit this log to City representative will result in a Performance Deficiency Reduction.)
H. When using pesticides, the instructions on the label shall be followed explicitly and special care shall be exercised in application.
I. Contractor may also, at their expense, hire a QAL private pest control company to conduct rodent control. Contractor will need to provide to the City – company name, address, contact person, contact person’s phone number, and proper insurance. Any damage caused by private pest control companies shall be repaired at landscape contractor’s expense.
J. The Contractor shall provide any legally required posting prior to utilizing pesticides and shall remove the postings at the appropriate time.
71. USE OF CHEMICALS (PARKS)
A. Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations, and all other agencies which govern the use and application of chemicals required in the performance of the work. Chemicals shall include, but not be limited to, fertilizers, herbicides, insecticides, fungicides, rodenticides, germicides, nematicides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants, and repellents.
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B. Contractor shall apply spray chemicals when air currents are motionless preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project.
C. All chemical applications shall be recommended and supervised by the Contractor’s Pest Control Advisor and/or Qualified Applicator Licensed (QAL) / Qualified Applicator Certified (QAC) applicator.
D. Contractor shall submit a schedule of work, plus the names of any chemicals used, outlining date, location, and work to be performed, four (4) days prior to the week of work. Said schedule shall be submitted to the Director of Public Works or his/her authorized representative.
E. The Contractor shall obtain any necessary permits to comply with City, County, State or Federal regulations or laws prior to commencement of work.
F. Safety Data Sheets (SDS) and sample labels shall be provided to the Director of Public Works or his/her authorized representative for all products and chemicals used within the City.
G. Contractor will assume responsibility and liability for the use of all chemical controls.
Pests and diseases to be controlled include, but are not limited to, all vertebrates, insects, aphids, mites, invertebrates, pathogens, and nematodes. Controls to include necessary use of integrated pest control systems involving the use of life history information and extensive monitoring. Control through prevention, cultural practices, pesticide applications, exclusion, natural enemies, biological control, and host resistance.
H. All material use shall be in strict accordance and applied within the most current Environmental Protection Agency (EPA) regulations and the California Food and Agricultural Code.
I. City shall be notified prior to applications of pesticides and other chemicals. Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with the Director of Public Works or his/her authorized representative. Material use reports of all pesticides and chemicals shall be filed with the City no later than the 10th of the following month. Contractor shall provide an annual report to the City.
J. Application of Pesticides – Contractor shall follow all label recommendations in addition to the following.
1. Timing: Pesticides shall be applied at times which limit the possibility of contamination from climatic or other factors and at the proper life cycle of the pests. Early morning application shall be used, when possible, to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas.
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2. Irrigation water applied after treatment shall be reduced to eliminate runoff.
When water is required to increase pesticide efficiency, it shall be applied only in quantities that each area is capable of receiving without runoff.
3. Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used that ensure materials are confined to the target area.
Spray tanks containing leftover materials shall not be drained on the site.
Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code or EPA regulations.
4. Equipment and Methods: Spray equipment shall be in good operating condition, quality, and design to efficiently and effectively apply materials to the target area. Minimize drift by avoiding high-pressure applications and using water-soluble drift agents.
5. Selection of Materials: Pesticides shall be selected from those materials, which characteristically have the lowest residual persistence. Emulsifiable concentrates shall be used, when possible, to limit windblown particles. The use of adjuvants will be to increase pesticide efficiency thereby reducing the total amount of technical material required to gain control.
6. Substitutions: Whenever a specific type of material is specified, no substitutions shall be allowed without the written consent of the Director of Public Works or his/her authorized representative.
7. Certification of Materials: All materials shall be delivered on the site in original unopened containers. Materials shall be subject to inspection by the Director of Public Works or his/her authorized representative.
8. All areas of the landscape shall be inspected on a weekly basis for infestations of harmful pests such as gophers, rabbits, squirrels, ants, insects, mites, snails, and sow bugs. Plants shall be observed closely for leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliated, or wilted.
9. Identify the cause of injury and consult a State of California Pest Control Advisor and/or QAL / QAC applicator before application of chemical treatments.
10. The State of California Agricultural Code requires that pest control chemicals may be used only after a written recommendation by a State of California Pest Control Advisor is obtained. A recommendation consists of all the applicator should know for an accurate and safe usage.
i. The recommendation must be time and site specific.
ii. Application of all pesticides shall only be performed by or applied under the supervision of a QAL / QAC applicator of pesticides.
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iii. There shall be no application of a pesticide without written permission of the Director of Public Works or his/her authorized representative. iv. In cases where a Restricted Use Pesticide is recommended, the City must be in receipt of the use permit issued only by the County of Orange Agricultural Commissioner’s office to the Contractor.
72. PLANT MATERIALS (PARKS)
A. Plant materials shall conform to the requirements of the Landscape Plan of the area and to "Horticultural Standards" of American Association of Nurserymen as to kind, size, age, etc.
B. Plans of record and specifications should be consulted to ensure correct identification of species. Substitutions may be allowed but only with the prior written approval of the Director of Public Works or his/her authorized representative.
C. Quality
• Plants shall be sound, healthy, and vigorous; be free from plant disease, insect pests or their eggs; have healthy normal root systems; comply with all state and local regulations governing these matters; and be free from any noxious weeds. • All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to quality by the Director of Public Works or his/her authorized representative.
D. Plant Materials Guarantee
• Contractor shall replace, at no cost to the City, any plant materials planted by Contractor under this Contract which fail to establish, grow, live, and remain in healthy condition, regardless of the reason for said failure. • All plants shall be guaranteed for ninety (90) days from the date of acceptance of the job by the Director of Public Works or his/her authorized representative. • Nothing in this section shall in any way reduce or remove Contractor’s responsibility as specified elsewhere in this Contract.
E. Newly planted areas shall receive special attention until plants are established.
Adequate water shall be applied to promote normal, healthy growth. Proper berms or basins shall be maintained during the establishment period.
73. MULCHING (PARKS)
A. A minimum three (3) inch layer of approved certified mulch shall be maintained in all tree, shrub, and groundcover areas. Mulch shall be placed in such a manner as to present a neat appearance, cover all bare soil, and not cover plant material or the bases of trees or shrubs.
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B. All areas to receive mulch shall be free of weeds prior to mulching.
C. Mulch shall be maintained free of litter and foreign matter.
D. Contractor shall replenish mulch as required to maintain conditions specified in Section 73-A.
E. CITY shall pay the actual cost of mulch material(s) and delivery to City’s designated stockpile site(s) without markup for materials, labor, and equipment. Contractor shall supply, at its expense, all equipment and labor required to move mulch from the stockpile site(s) and to place mulch in required areas.
F. Mulching operation shall be accomplished in a timely manner, so that all material is removed and stockpile site is left clean and level, all to the satisfaction of the Director of Public Works or his/her authorized representative. The Contractor shall implement appropriate and effective BMPs to ensure storm water pollution prevention compliance for all aspects of mulching operations at the designated storage site(s) and at mulching areas in the field.
G. City reserves the right to purchase and provide mulch to the Contractor. All other provisions of Section 73 shall be adhered to by the Contractor for City provided mulch.
74. LITTER, LEAF, AND DEBRIS CONTROL (PARKS)
A. Remove all litter, paper, glass, trash, fecal matter, undesirable materials, silt, and other accumulated debris from all areas to be maintained.
B. Complete policing, litter pick up, and supplemental hand sweeping of edges, corners, and other areas inaccessible to power equipment shall be accomplished to ensure a neat appearance.
C. Accumulation of leaves and debris shall be removed from all landscaped and hardscaped areas except as specifically directed by the Director of Public Works or his/her authorized representative.
D. Raking should not be used in groundcover or mulched areas except to remove heavy accumulation of leaves and debris. When raking is necessary, it should be done lightly, taking care not to damage plants or displace mulch.
E. Increases in frequencies of clean-ups for seasonal plant defoliation and additional clean-up after storms shall be the Contractor’s responsibility.
F. Removal of litter shall occur at the frequencies specified in the Contract.
G. Contractor shall employ appropriate safety equipment and procedures for litter removal.
H. Contractor shall remove all private signage, including, but not limited to, garage sales, real estate, etc. (excluding political/campaign signs) on a continuous basis. The
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removed signs shall be returned to the Director of Public Works or his/her authorized representative. Political/campaign signs shall be reported to the Director of Public Works or his/her authorized representative for removal by City staff. Posting of such signs is in violation of Municipal Ordinance.
75. DISPOSAL OF MATERIALS (PARKS)
A. All debris produced as a result of the Contractor’s operations under this Contract will be reduced, reused, recycled and/or transformed to the greatest extent possible. The Contractor is required to provide the Director of Public Works or his/her designee with documentation, such as bills of lading, describing the amount of material that was reduced, reused, or recycled; the method used; and where it was used as proof of final disposal.
• Reducing will include, but not be limited to, chipping, grinding, and/or shredding operations. Disposal is to be at a recycling yard for use in a tub grinding and/or mulching program.
• Reuse will include, but not be limited to, using chipped, ground, or shredded material as mulch. If the Contractor has a location outside the City where such mulch may be applied, the contractor is to provide the Director of Public Works or his/her authorized representative with documentation from the property owner indicating location and amount of material that will be used. • Recycling will include, but not be limited to, chipped, ground, or shredded plant material used to produce compost.
B. Republic Services is the exclusive franchise waste hauler for the City. Per the terms of the City’s agreement with Republic Services, the City’s landscape maintenance contractor may dispose of all litter and debris collected within the City of Fountain Valley free of charge at the Republic Services Transfer Station located at 17121 Nichols Lane, Huntington Beach, CA 92647, consistent with historical averages. The City strongly encourages the Contractor to dump all waste collected under this Contract at the designated Republic Services Transfer Station. The Contractor shall only dispose of waste material collected as part of the contracted Sports Park, Parks, and Civic Facilities landscape maintenance services for the City of Fountain Valley.
The Contractor shall not import any debris collected outside the City’s boundaries.
Contractor shall make arrangements with Republic Services prior to commencement of contracted work to dispose of all City debris and litter collected from project areas at no cost to the Contractor or City.
Only Republic Services will be allowed to provide construction bins for rubbish disposal within the City of Fountain Valley.
C. Costs for disposal of materials, at locations other than the designated Republic Services Transfer Station, shall be the responsibility of the Contractor. No additional compensation for disposal shall be allowed.
D. The Contractor shall furnish copies of all weight tickets to the City on a monthly basis
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in compliance with State mandated reporting requirements.
E. Upon approval from the Director of Public Works or his/her authorized representative, the Contractor may also dispose of waste material collected as part of the contracted landscape maintenance services for the City of Fountain Valley in the City Yard located at 17300 Mt. Herrmann Street, Fountain Valley, CA 92708.
76. IRRIGATION (PARKS)
A. All landscaped areas shall be irrigated, as required to maintain healthy adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to, hand watering, operation of manual valves, and proper utilization of automatic controllers and valves.
B. Monthly, the Contractor shall perform irrigation testing. Testing shall include operation of all irrigation systems to check for proper condition and reliability. Contractor shall take immediate steps to correct any observed irregularities and submit a written report regarding such circumstances to the Director of Public Works or his/her authorized representative.
C. Contractor shall ensure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and capable of performing proper programming and operation of the irrigation systems.
D. Contractor shall be responsible for performing all specified irrigation tasks including, but not limited to, testing, adjustments, repairs, replacements, and supplemental watering. Contractor shall notify the Director of Public Works or his/her authorized representative immediately of any deficiencies in irrigation at these sites.
E. Irrigation system controllers shall be programmed by Contractor with current schedules provided to the Director of Public Works or his/her authorized representative monthly or sooner if modifications are performed.
F. Areas not provided with an automated irrigation system shall be hand watered by the Contractor. This includes situations where the automatic system is inoperable for any reason. The Contractor shall be responsible for providing all equipment, such as hoses, couplers, and nozzles to accomplish this task.
G. Watering shall be regulated to avoid interference with any use of roadways, paving, or walkways.
H. Controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or early morning hours or as specified by City ordinances.
I. Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic.
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J. No irrigation shall be done during periods of measurable rain without prior approval of the Director of Public Works or his/her authorized representative.
K. The Contractor shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering.
77. IRRIGATION MAINTENANCE, REPAIR, AND TESTING (PARKS) A. Contractor shall provide labor, equipment, and parts (City shall provide parts above the monthly allowance) for maintenance of the irrigation system including repairs and replacements (whether due to damage, malfunction, vandalism, normal wear, or other cause) of all components except the following:
1. main lines
2. valves (control valves, ball valves, and the like, not including quick couplers)
3. automatic controllers and appurtenant devices (ET and rain gauge, antenna, and the like)
4. backflow devices
5. pressure regulators
6. flow sensors
These items shall be repaired or replaced by the Contractor as Extra Work, or by other forces, at the discretion of the Director of Public Works or his/her authorized representative.
B. Contractor shall notify Director of Public Works or his/her authorized representative of any damaged, deficient, or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment.
C. Repair or replacement of irrigation components that are identified as the Contractor's responsibility shall be completed before the next watering cycle or sooner to prevent damage to turf or landscaping, unless the repair is otherwise deemed urgent by the Director of Public Works or his/her authorized representative.
D. Replacement of irrigation equipment shall be to City Standards, and of the same size and quality. Substitutes shall be approved by the Director of Public Works or his/her authorized representative prior to any installation thereof.
E. The Contractor shall be responsible for the first $200 in replacement irrigation parts per calendar month. The contractor shall provide invoices for all repair parts in a given month to qualify for reimbursement above the initial $200. The contractor shall be compensated for actual cost of parts that exceed the $200 allowance without markup.
The Contractor shall not defer repairs from month to month in order to avoid payment of the initial $200 per month in parts.
F. Contractor’s Irrigation Technician shall be fully trained in all phases of landscape irrigation systems, Qualified Water Efficient Landscaper (QWEL) certified, thoroughly familiar with the particular equipment in use, and fully equipped and capable of
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identifying and isolating problems and performing the proper programming, inspection, testing, repair, and maintenance of the irrigation systems. All of Contractor’s personnel working on irrigation systems shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician.
G. Contractor shall equip its Irrigation Technician at the Contractor’s own expense with a Calsense Radio Remote handheld remote valve actuator or other device capable of operating the City’s Calsense irrigation control system.
H. Prior to testing a system, Contractor shall inspect all irrigated areas, noting and marking with a flag marker any dry or stressed areas. During the course of the irrigation test, Contractor shall determine the cause of the noted deficiency and make needed repairs.
I. Contractor shall sequence controller(s) to each station to check the function of all facets of the irrigation system.
J. During irrigation testing Contractor shall:
1. Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention of runoff and erosion, and prevention of excessive overspray onto adjacent areas.
2. Check for and correct all leaks, including pipes, risers, seals, turrets, etc.
3. Clean, flush, adjust, repair, or replace any equipment, head, nozzle, or component that is not functioning to manufacturer’s specifications.
4. Test with controller or remote (no bleeding) and adjust valves and heads to keep all systems operating at manufacturer's recommended operating pressures.
Valve throttling and pressure gauging shall be employed to prevent excessive fogging.
5. Check valve boxes and covers. Repair or replace as needed to include the original branding identification number. Replace and secure cover bolts as needed.
6. Check for low-head drainage. Clean, repair, or replace malfunctioning or missing anti-drain devices, including in-head check devices.
K. Any unresolved system malfunction, damage, or deficiency shall be reported, including affected valve station(s) and other pertinent details, to the Director of Public Works or his/her authorized representative. Said reporting may be verbal or in writing at the discretion and to the satisfaction of the Director of Public Works or his/her authorized representative.
L. In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed, or reported.
M. CITY shall be responsible for performing the annual certification of backflow devices.
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N. All valve boxes shall be identified with heat-branded markings as directed by the Director of Public Works or his/her authorized representative.
O. Contractor shall submit as-built drawings of all modifications to irrigation systems, including piping, relocation of equipment or sprinkler heads, replacement of heads with another make or model, changes in nozzling, and the like. As-built changes shall be completed to the satisfaction of the Director of Public Works or his/her authorized representative. As-built drawings shall be made neatly and legibly on a blue-line copy of the irrigation drawings supplied by the Director of Public Works or his/her authorized representative and shall be submitted within 2 working days of completion of the work.
P. Frequencies of irrigation testing shall be one (1) time per month, or more frequently if problems or conditions indicate a need.
78. FERTILIZATION (PARKS)
A. Products and rates of application shall be determined by the Director of Public Works or his/her authorized representative.
B. Contractor shall include scheduling of fertilizations on Annual Calendar. Fertilizer will be applied as per the fertilization schedule, or as otherwise directed to maintain an aesthetically pleasing turf grass stand.
C. Contractor shall give written notice to the Director of Public Works or his/her authorized representative at least two City business days in advance of fertilizer application at a given site.
D. Contractor shall have all materials delivered to the site in properly labeled, unopened bags. All bags shall be retained on the site for the Director of Public Works or his/her authorized representative and shall be removed promptly following inspection.
E. Application of fertilizer shall be done in sections, determined by the areas covered by each irrigation system. Adequate irrigation shall immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface.
F. Turf, trees, shrubs, and groundcover areas shall be fertilized at the frequencies detailed in Section 87 (annually).
79. HARDSCAPE MAINTENANCE (PARKS)
A. All hardscape (concrete flatwork, sidewalks, stamped concrete, paving stones, curbs, gutters, etc.) shall be swept weekly. Using blowers to transfer dirt, litter, or other deleterious materials to streets and/or landscape areas is prohibited.
B. Washing hard surfaces is prohibited except when necessary to alleviate safety or sanitary hazards. All wash water from such activity must be prevented from discharging to the storm water drainage system (drains, gutters, etc.), and shall comply with the City’s water quality regulations and best management practices.
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C. All hardscapes shall be kept weed and plant free. Chemical application in accordance with the agreement is acceptable. All plant materials shall be removed from construction joints and/or between curbs and stamped concrete.
80. PLAYGROUND MAINTENANCE (PARKS)
A. The Contractor shall clean playground sandpits or playgrounds equipped with wood chips of all litter and debris by screening and/or raking and shall grade sand and/or wood chips to fill in all low areas during the mowing day every week.
B. If a City recognized holiday falls on one of the playground sandpit/wood chip maintenance days, the Contractor shall perform the playground maintenance on the following City workday.
C. The playground sandpits shall be roto-tilled to a minimum depth of 8 inches. Rototilling shall be performed a minimum of four (4) times annually (quarterly). Service shall occur in March, June, September, and December.
D. Playgrounds equipped with wood chips shall be completely raked to a minimum depth of 6 inches and leveled after raking. Wood chip raking shall be performed a minimum of 4 times annually (quarterly). Service shall occur in March, June, September, and December.
E. The Contractor shall be responsible for removing accumulation of leaves and debris from playground equipment areas, including sweeping/blowing off pour in place surface weekly and as needed.
F. The Contractor shall inspect the playground equipment, surface, and area for vandalism, safety hazards, and serviceability weekly. Deficiencies shall be reported in writing immediately to the Director of Public Works or his/her authorized representative.
G. As necessary, the Contractor shall wash or power-wash the pour in place resilient playground surface areas as recommended by the manufacturer. At no point shall this be completed less than every 2 months.
H. The Contractor shall wash or power-wash all play equipment as recommended by the manufacturer. At no point shall this be completed less than 4 times annually (quarterly).
I. The Contractor shall perform periodic playground safety inspections. Inspections shall be completed subject to the California Health and Safety Code Section 115725- 115735 and the Standards of the Consumer Product Safety Commission (CPSC). The Contractor shall provide a Certified Playground Safety Inspector who shall possess a current Certified Playground Safety Inspector certificate issued by the National Playground Safety Institute (c/o National Parks and Recreation Association, 22377 Belmont Ridge Road, Ashburn, VA 20148, telephone: (800) 626-6772 or e-mail:
[email protected] ). At no point shall this be completed less than quarterly.
J. The Contractor shall provide written inspection forms to the City upon completion of
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the required inspections.
81. TRASH REMOVAL (PARKS)
A. The Contractor shall empty all trash cans and replace trash can liners in all areas within the contract weekly and as needed. Trash can liners shall be provided at the Contractor’s expense. Weekly trash removal shall be performed on Monday.
B. If a City recognized holiday falls on one of the trash removal days, the Contractor shall perform the trash removal on the following City workday.
C. The Contractor shall wash or power-wash all trash receptacles, inside and out, a minimum of four (4) times per year (quarterly). All deleterious material shall be removed from the inside and outside of the trash receptacles and the hard surface under the trash cans (where applicable).
D. The Contractor shall notify the Director of Public Works or his/her authorized representative of any trash cans needing repair or replacement within 24 hours of the trash removal day.
E. The Contractor shall legally dispose of all removed trash at the Contractor’s expense.
Refer to Disposal of Materials (Section 75) regarding options for free disposal.
82. BARBEQUE GRILL MAINTENANCE (PARKS)
A. The Contractor shall empty all ash and debris from built in barbeque grills in all areas within the contract during the mowing each week. The Contractor shall ensure that all hot coals or burning objects in barbeque grills are completely extinguished prior to removing ash and debris.
B. If a City recognized holiday falls on one of the barbeque maintenance days, the Contractor shall perform the barbeque maintenance on the following City workday.
C. The Contractor shall wash or power-wash all barbeque grills, inside and out, a minimum of four (4) times per year. All deleterious material shall be removed from the inside and outside of the barbeque grills and the hard surface under the barbeque grills (where applicable).
D. The Contractor shall legally dispose of all removed ash and debris at the Contractor’s expense. Refer to Disposal of Materials (Section 75) regarding options for free disposal.
E. The Contractor shall notify the Director of Public Works or his/her authorized representative of any barbeque grills needing repair or replacement within 24 hours of the barbeque grill maintenance day.
83. BENCH AND PICNIC TABLE MAINTENANCE (PARKS)
A. All benches and picnic tables shall be dusted off and wiped down in all areas within the contract during the mowing each week. Using blowers to transfer dirt, litter, or
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other deleterious materials to streets and/or landscape areas is prohibited. Using water to wash benches and picnic tables is permitted only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shutoff device, or a low-volume, high-pressure cleaning machine equipped to recycle any water used.
B. If a City recognized holiday falls on one of the bench and picnic table maintenance days, the Contractor shall perform the bench and picnic table maintenance on the following City workday.
C. The Contractor shall wash or power-wash all benches and picnic tables, top and bottom, a minimum of four (4) times per year. All deleterious material shall be removed from the top and bottom of the benches and picnic tables and the hard surface under the benches and picnic tables (where applicable).
D. The Contractor shall notify the Director of Public Works or his/her authorized representative of any benches or picnic tables needing repair or replacement within 24 hours of the bench and picnic table maintenance day.
84. ANNUAL TURF RENOVATION – SEPTEMBER – APRIL (MCDOWELL, MOIOLA,
AND NIEBLAS PARKS ONLY)
A. Fertilization: Apply a complete fertilizer at a rate of 3/4 lb. of N per 1,000 sq. ft. per month of the growing season (Oct-Apr). The ratio of nitrogen (N) to potassium (K) should be close to equal, with phosphorous (P) 1/4 that of N and K. Fertilizer selected should include some secondary nutrients (calcium, magnesium, and sulfur) as well.
Apply micronutrients (iron, manganese, zinc, copper, and boron) at the label rate in November – this can be either in granular form or liquid form if spray equipment is available.
B. Aeration: All turf grass areas should be core aerified prior to overseeding and topdressing to create an avenue at the soil surface for water, oxygen, and carbon dioxide exchange with the atmosphere. Contractor shall flag all irrigation heads, valve boxes, quick couplers, and the like prior to commencing aeration operations.
Contractor shall be responsible for any damage to irrigation, boxes, pavement, etc. from aerifier and other equipment. Aerate all turf areas by using a device that removes cores to a depth of three (3) inches at not more than six (6) inch spacing. Contractor shall assure that turf areas to be aerified are properly and evenly moist prior to aerification operation to achieve maximum penetration. Contractor shall aerate entire area in one direction (east to west), then repeat the operation in the opposing direction (north to south). Cores can be broken up by mowing and/or dragging.
C. Topdressing: Topdressing should be performed at the same time aeration takes place.
Topdressing mix should consist of 80% washed medium sand (.5mm-.25mm) and 20% finely composted organic material. Application rate should be approximately 20 cubic yards per acre for minimum impact on field activity.
D. Overseeding: During the winter when the preferred Warm season turf is dormant, annual seeding is necessary to support sustainable growth. Overseeding should be performed as follows:
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1. Overseed in late September to mid-October.
2. Mow grass at 3/4” height and remove clippings.
3. Perform core aeration.
4. Uniformly apply a Marathon 2 fescue seed or comparable brand as approved by the Director of Public Works or his/her authorized representative. Use of a broadcast spreader at 6 lbs. per 1,000 sq. ft.
5. All seed shall be covered with Kellogg’s Topper or approved equal at a rate of 1 cubic foot per 72 sq. ft. or not to exceed 1/4 inch in depth.
6. Fertilize with a pre-plant fertilizer (BEST 15-15-15, etc.) at 6 lbs. per 1,000 sq. ft.
7. Seed must remain in contact with soil and be kept moist until germination.
Seedlings shall not be allowed to dry out during establishment (12 days typically).
8. After preparation and overseeding have been completed, the area will be watered.
Watering will be three (3) to four (4) times each day, or as necessary in combination with appropriate run time sufficient to maintain even moisture at a depth of 1/2” during daylight hours.
9. When the fescue grass approaches a height of 2" to 2 1/2", the first mowing will be done. The grass clippings will be checked for root pulling on the first pass or two.
If this happens, the Contractor will readjust his/her mowers and check the blades for sharpness. Contractor may use rotary mowers on overseeded turf.
10. Maintain overseeded turf areas until successful seed germination and complete establishment of turf has taken place. Overseeded areas will be maintained until inspection and acceptance by the Director of Public Works or his/her authorized representative.
85. DRINKING FOUNTAIN MAINTENANCE (PARKS)
A. The Contractor shall perform the following drinking fountain maintenance in all areas within the Contract during the mowing each week.
• Clean the bowl, spout, and operating buttons with a non-toxic cleaner. Scrub with brush around the basin of the bowl and spout. After initial cleaning, thoroughly rinse all areas with clean water.
• Wipe down the remainder of the fountain to remove dirt, calcium, spider webs, residue, and other deleterious materials.
• Clean sand or debris from drains. (Disassembly or snaking of drains is not required).
• Push operating button and test function of spouts to ensure proper operation.
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B. The Contractor shall notify the Director of Public Works or his/her authorized representative of any drinking fountain needing repair or replacement within 24 hours of the drinking fountain maintenance day.
C. Water supply to a leaking fixture shall be shut off when it is reasonable to do so. Any water shut offs performed by the Contractor shall immediately be reported to the Director of Public Works or his/her authorized representative.
86. PENALTY FOR NONCOMPLIANCE
A. Failure to comply with the Schedule “B” – Base Scope of Work for Parks shall result in a performance deduction of $250 per incident, per day.
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87. MINIMUM MAINTENANCE FREQUENCIES – PARKS
The following minimum maintenance frequencies shall apply to the following tasks:
BASE SCOPE OF WORK – PARKS FREQUENCY
Shrub, Groundcover, & Tree Maintenance
Edging and Trimming of Material Encroaching on
Sidewalks/Curbs Weekly As Needed
Removal of Dead, Diseased, or Dying Material Weekly As Needed Trimming/Pruning Weekly As Needed
Weed Control Continuous
Mulching
Install Mulch Per Contract As Needed
Hardscape Maintenance
Sweeping/Cleaning of Gutters, Curbs, Roadways, and
Misc. Asphalt & Concrete Weekly As Needed
Mowing
Turf Mowing Weekly
Edging Weekly
Irrigation Maintenance
Testing Monthly
Repairs As Needed
Irrigation As Needed
Playground Maintenance
Sand Pit or Wood Chip Maintenance Weekly
Roto-Tilling Sand/Deep Raking Wood Chips Quarterly
Washing/Power Washing Playground Surface Every 2 Months Washing/Power Washing Playground Equipment Quarterly
Miscellaneous
Litter Pickup Weekly and As Needed
Fertilize Annually in April
Pest Control Continuous
Trash Removal Weekly and As Needed
Drinking Fountain Maintenance Weekly and As Needed
Power Washing (Various Items) Quarterly
Turf Renovation (McDowell, Moiola, and Nieblas Parks) Annually
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SCHEDULE “C” – CIVIC FACILITIES
88. STAFFING – The Contractor shall supply a dedicated crew to perform the landscape maintenance at the Parks (Schedule “B”) and Civic Facilities (Schedule “C”). Based on experience, the City has found that the ideal work force, in addition to any supervisors or specialist positions, is a minimum of seven (7) full-time maintenance workers for the Parks and Civic Facilities.
89. CIVIC FACILITIES INVENTORY - SCHEDULE “C” – The following represents the City’s civic facilities landscape inventory to be maintained under this Agreement. *The measurements are approximate and all measurements shall be verified by the contractor prior to submitting a bid.
C-1
City Hall Campus
10200 Slater Avenue
10.30 Acres *
C-2
Founders Village
17967 Bushard Street
2.80 Acres*
C-3
Fire Station No. 1
17737 Bushard Street
0.49 Acres*
no turf
C-4
Fire Station No. 2
16767 Newhope Street
0.41 Acres*
C-5
Reservoir No. 1
18460 Euclid Street
2.80 Acres*
no turf; no irrigation; all mulch
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SCHEDULE “C” – BASE SCOPE OF WORK FOR CIVIC FACILITIES
90. SHRUB, GROUNDCOVER, AND TREE MAINTENANCE (CIVIC FACILITIES, EXCLUDING RESERVOIR NO. 1)
A. Contractor is responsible for removing all sucker growth from trunks of trees and all dead palm fronds to a height of fourteen (14) feet. Trimming of trees is not required.
B. String trimmers shall not be used to trim around trees. Shrubs and groundcover shall be maintained a minimum of one (1) foot from the trunks of trees by use of appropriate chemicals.
C. A 36-inch diameter circle shall be established and/or maintained around young trees with immature bark or caliper of less than 6 inches. Circles may include a watering basin, and/or a 3-inch-deep layer of mulch, where appropriate, as directed by the Director of Public Works or his/her authorized representative. Circles shall be kept free of weeds and grasses by use of appropriate chemicals.
D. Trim and prune shrubs to encourage healthy growth habits, natural form, and proportion. Restrict growth of shrubbery to area behind curbs and within planter beds by pruning. This work shall be performed as needed during weekly maintenance.
Under no circumstances shall hedge shears be used as a means of pruning.
E. Fire Station No. 2 – maintain rhaphiolepis at a height of 8 feet.
F. Trim and prune shrubs for vehicular and pedestrian clearance, visibility, access, plant health, and appearance. Major shrub pruning/trimming shall be performed in accordance with the contractually required maintenance frequencies. Shrubs shall be pruned as required to ensure clear vehicular and pedestrian visibility and clearance.
The Contractor shall eliminate all obstructions within 2 working days of written notification.
G. Plant material encroaching onto or from City property shall be trimmed back to property line. Plants growing over fences and sidewalks from private property adjacent to contracted areas shall be trimmed back to the property line to a height of 14 feet. This work shall be performed as needed during weekly maintenance.
H. All dead, diseased, and unsightly branches, vines, or other growth shall be removed as they develop. This work shall be performed as needed during weekly maintenance.
I. All groundcover areas shall be trimmed/pruned to maintain neat but natural edges. All groundcover and flower bed areas shall be kept neatly edged and free of grass invasion. This work shall be performed as needed during weekly maintenance.
J. Plants growing over curbing and/or sidewalks shall be maintained even with the edge of sidewalk or curb and be trimmed on a natural taper rather than vertical so as not to appear to be hedged. This work shall be performed as needed during weekly maintenance.
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K. Chemical edging of groundcover boundaries may be performed, subject to approval of the Director of Public Works or his/her authorized representative, in a manner that ensures a defined edge and limits encroachment into beds or across boundaries where it is impractical to edge mechanically. A twelve (12) inch barrier width shall be considered normal.
L. Groundcover shall be trimmed or limited around valve boxes, meter boxes, backflow devices, park equipment, and other obstacles, and around sprinklers as needed to provide optimum water coverage.
M. Groundcover shall be renovated as needed. Renovation of groundcover shall include thinning and/or shearing of groundcover and fertilization; and may include bed cultivating and/or mulching as appropriate to the species and conditions and as directed by the Director of Public Works or his/her authorized representative.
N. Shearing: Only those plants specifically designated by the Director of Public Works or his/her authorized representative shall be sheared. These plants may also require additional thinning to maintain a healthy condition.
O. Except as specifically directed by the Director of Public Works or his/her authorized representative, groundcover plants shall be prevented from climbing utilities, shrubs, trees, and the like.
P. Remove all dead shrubs and/or dead groundcover. The Director of Public Works or his/her authorized representative shall be notified 48 hours in advance of the removal of any shrubs and/or dead groundcover.
Q. All trimming and debris shall be removed and properly disposed of immediately at Contractor’s expense. Refer to Disposal of Materials (Section 106) regarding options for free disposal.
R. Flowering plants shall be maintained free of excessive spent blooms, flower stalks, and the like as needed during weekly maintenance. Plants shall be renovated following peak bloom and as needed to produce optimum color production and plant health. Renovation methods and timing shall be as approved by the Director of Public Works or his/her authorized representative.
S. Walkways, asphalt, and hardscape shall be cleaned immediately following each maintenance event.
91. TURF MOWING (CIVIC FACILITIES, EXCLUDING FIRE STATION NO. 1 AND RESERVOIR NO. 1)
A. All turf mowing/edging operations shall be performed weekly throughout the contract period.
B. Turf edging shall be performed with a fixed blade edger. All edges shall be smooth, uniform, and clean in appearance.
C. Mowing shall be performed in a workmanlike manner that ensures a smooth surface
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appearance without scalping or allowing excessive cuttings to remain. Clippings need not be collected unless clippings are excessive and/or visible, or as directed by the Director of Public Works or his/her authorized representative.
D. All walkways, roadways, trails, parking lots, or other areas dirtied by mowing operations shall be cleaned and all debris disposed of off-site prior to the completion of that day's mowing operations or the end of the day, whichever occurs first.
E. All mowing missed due to inclement weather or ground conditions from such weather shall be rescheduled and completed the following working day. If adverse weather or wet ground conditions persist, the Director of Public Works or his/her authorized representative may authorize a change in the approved schedule.
F. All trash, paper products, and fecal matter shall be removed before mowing begins and will not be run over by mowing equipment. All grass, leaves, and other debris generated by the Contractor’s operations shall be removed and properly disposed of by the Contractor at the Contractor’s expense. Refer to Disposal of Materials (Section 106) regarding options for free disposal.
G. Turf shall be mowed with a mower appropriate to the particular turf type being mowed.
Equipment shall be properly maintained, cleaned, adjusted, and sharpened.
H. All mowing equipment shall be thoroughly cleaned following each mowing operation and prior to being transported to any other site.
I. The Contractor shall be responsible for any neglected, stressed, or damaged areas due to lack of proper maintenance. Should the Contractor fail to remedy the conditions, the City shall cause the same to occur at the expense of the Contractor.
J. Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles located within the turf areas such as irrigation heads, irrigation valve boxes, quick couplers/boxes, electrical boxes, or fixtures. Do not mow areas that are wet. Alternate mowing patterns whenever possible to prevent wheel ruts. If ruts are made, or damages incurred, Contractor will immediately schedule repairs at their expense.
K. Animal and human fecal matter shall be removed during weekly maintenance operations and as needed.
92. WEED CONTROL (CIVIC FACILITIES)
A. All areas shall receive diligent control of weeds by mechanical removal and employing all industry-recognized, legal methods, including Integrated Pest Management (IPM) Standards, as approved by the Director of Public Works or his/her authorized representative.
B. The following areas shall be kept weed free: turf areas; shrub areas; groundcover beds; planters; cracks in paved areas, including, curbs and asphalt; all hardscapes; and areas covered with mulch or ornamental rock. In addition, all shrub beds, planters, and other landscaped areas shall be maintained weed free. No dyes shall be used
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when applying liquid weed control to all paved and non-concrete walkways.
C. Chemical applications shall be done as needed. Weeds, which grow from or spread by underground stolons, tubers, and the like, such as Bermuda Grass, Nutgrass, and Ragweed, shall be controlled using appropriate chemical controls. Said weeds shall not be physically removed until chemical action is complete.
D. Inspect, spot treat, or mechanically remove weeds as necessary. Hand weeding or spot treatment of all areas is to be performed as often as necessary to insure a weed free condition.
E. Apply appropriate pre-emergent herbicides to prevent germination of known problem weeds. Target weeds shall include, but are not limited to, Kikuyu, Bermuda, Nutgrass, Crabgrass, Ragweed, Poa, Spurge, Oxalis, and annual weeds and grasses.
F. Pre-emergent herbicide materials to be used shall be as approved by the Director of Public Works or his/her authorized representative. Materials to be used shall be those best suited to the control of the target weeds in the given planting.
G. Pre-emergent herbicide applications shall be carefully scheduled as approved by the Director of Public Works or his/her authorized representative and shall be made per label instructions for optimum control. Scheduling of pre-emergent herbicide applications shall be reflected on the annual calendar along with notation identifying material name and target weeds.
H. Pre-emergent herbicide applications shall be made annually and as required for optimum control of target weeds.
I. Contractor shall be responsible for the results of application of all herbicides and chemicals. Plants killed or severely injured by the application of herbicides shall be replaced at no cost to the City with the nearest size nursery stock available to the dead or severely damaged plant. All replacements must be made within fifteen days upon discovery by Contractor and/or City representative.
93. DISEASE AND PEST CONTROL (CIVIC FACILITIES)
A. The Contractor shall provide complete and continuous control and/or eradication of all plant pests or diseases. All landscaped areas shall be maintained free of disease and insects that could cause or promote damage to plant materials, including, but not limited to, trees, shrubs, groundcover, and turf.
B. The Director of Public Works or his/her authorized representative shall be notified immediately of any disease, insects, or unusual conditions that might develop.
C. A disease control program to prevent all common diseases from causing serious damage shall be provided on an as needed basis. Disease control shall be achieved utilizing materials and rates recommended by a California Pest Control Advisor and/or Qualified Applicator Licensed (QAL) / Qualified Applicator Certified (QAC) applicator at the Contractor’s expense.
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D. Contractor shall eradicate or remove bees, ants, gophers, rodents, and other pests, which the Director of Public Works or his/her authorized representative deems to be a public hazard or nuisance, utilizing Integrated Pest Management (IPM) standards.
Contractor shall have bees safely removed by a beekeeper whenever possible.
Contractor shall arrange for and assume the expense of such operations, if not under its immediate capabilities, within a 24-hour period after notification from the Director of Public Works or his/her authorized representative.
E. Gophers and other rodents shall be eliminated immediately by appropriate, approved exterminating techniques (traps, poison, etc.).
F. Frequency of disease and pest control operations shall be daily or as needed.
Contractor must notify the Director of Public Works or his/her authorized representative fifteen (15) City business days in advance before applying pest control chemicals.
G. Monthly, the Contractor shall complete a pesticide spray log for any pesticides used. (Failure to submit this log to City representative will result in a Performance Deficiency Reduction.)
H. When using pesticides, the instructions on the label shall be followed explicitly and special care shall be exercised in application.
I. Contractor may also, at their expense, hire a QAL private pest control company to conduct rodent control. Contractor will need to provide to the City – company name, address, contact person, contact person’s phone number, and proper insurance. Any damage caused by private pest control companies shall be repaired at landscape contractor’s expense.
J. The Contractor shall provide any legally required posting prior to utilizing pesticides and shall remove the postings at the appropriate time.
94. USE OF CHEMICALS (CIVIC FACILITIES)
A. Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations, and all other agencies which govern the use and application of chemicals required in the performance of the work. Chemicals shall include, but not be limited to, fertilizers, herbicides, insecticides, fungicides, rodenticides, germicides, nematicides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants, and repellents.
B. Contractor shall apply spray chemicals when air currents are motionless preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project.
C. All chemical applications shall be recommended and supervised by the Contractor’s Pest Control Advisor and/or Qualified Applicator Licensed (QAL) / Qualified Applicator Certified (QAC) applicator.
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D. Contractor shall submit a schedule of work, plus the names of any chemicals used, outlining date, location, and work to be performed, four (4) days prior to the week of work. Said schedule shall be submitted to the Director of Public Works or his/her authorized representative.
E. The Contractor shall obtain any necessary permits to comply with City, County, State or Federal regulations or laws prior to commencement of work.
F. Safety Data Sheets (SDS) and sample labels shall be provided to the Director of Public Works or his/her authorized representative for all products and chemicals used within the City.
G. Contractor will assume responsibility and liability for the use of all chemical controls.
Pests and diseases to be controlled include, but are not limited to, all vertebrates, insects, aphids, mites, invertebrates, pathogens, and nematodes. Controls to include necessary use of integrated pest control systems involving the use of life history information and extensive monitoring. Control through prevention, cultural practices, pesticide applications, exclusion, natural enemies, biological control, and host resistance.
H. All material use shall be in strict accordance and applied within the most current Environmental Protection Agency (EPA) regulations and the California Food and Agricultural Code.
I. City shall be notified prior to applications of pesticides and other chemicals. Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with the Director of Public Works or his/her authorized representative. Material use reports of all pesticides and chemicals shall be filed with the City no later than the 10th of the following month. Contractor shall provide an annual report to the City.
J. Application of Pesticides – Contractor shall follow all label recommendations in addition to the following.
1. Timing: Pesticides shall be applied at times which limit the possibility of contamination from climatic or other factors and at the proper life cycle of the pests. Early morning application shall be used, when possible, to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas.
2. Irrigation water applied after treatment shall be reduced to eliminate runoff.
When water is required to increase pesticide efficiency, it shall be applied only in quantities that each area is capable of receiving without runoff.
3. Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used that ensure materials are confined to the target area.
Spray tanks containing leftover materials shall not be drained on the site.
Disposal of pesticides and tank rinsing materials shall be within the guidelines
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established in the State of California Food and Agricultural Code or EPA regulations.
4. Equipment and Methods: Spray equipment shall be in good operating condition, quality, and design to efficiently and effectively apply materials to the target area. Minimize drift by avoiding high-pressure applications and using water-soluble drift agents.
5. Selection of Materials: Pesticides shall be selected from those materials, which characteristically have the lowest residual persistence. Emulsifiable concentrates shall be used when possible to limit windblown particles. The use of adjuvants will be to increase pesticide efficiency thereby reducing the total amount of technical material required to gain control.
6. Substitutions: Whenever a specific type of material is specified, no substitutions shall be allowed without the written consent of the Director of Public Works or his/her authorized representative.
7. Certification of Materials: All materials shall be delivered on the site in original unopened containers. Materials shall be subject to inspection by the Director of Public Works or his/her authorized representative.
8. All areas of the landscape shall be inspected on a weekly basis for infestations of harmful pests such as gophers, rabbits, squirrels, ants, insects, mites, snails, and sow bugs. Plants shall be observed closely for leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliated, or wilted.
9. Identify the cause of injury and consult a State of California Pest Control Advisor and/or QAL / QAC applicator before application of chemical treatments.
10. The State of California Agricultural Code requires that pest control chemicals may be used only after a written recommendation by a State of California Pest Control Advisor is obtained. A recommendation consists of all the applicator should know for accurate and safe usage.
i. The recommendation must be time and site specific.
ii. Application of all pesticides shall only be performed by or applied under the supervision of a QAL / QAC applicator of pesticides. iii. There shall be no application of a pesticide without written permission of the Director of Public Works or his/her authorized representative. iv. In cases where a Restricted Use Pesticide is recommended, the City must be in receipt of the use permit issued only by the County of Orange Agricultural Commissioner’s office to the Contractor.
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95. PLANT MATERIALS (CIVIC FACILITIES, EXCLUDING RESERVOIR NO. 1) A. Plant materials shall conform to the requirements of the Landscape Plan of the area and to "Horticultural Standards" of American Association of Nurserymen as to kind, size, age, etc.
B. Plans of record and specifications should be consulted to ensure correct identification of species. Substitutions may be allowed but only with the prior written approval of the Director of Public Works or his/her authorized representative.
C. Quality
• Plants shall be sound, healthy, and vigorous; be free from plant disease, insect pests or their eggs; have healthy normal root systems; comply with all state and local regulations governing these matters; and be free from any noxious weeds. • All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to quality by the Director of Public Works or his/her authorized representative.
D. Plant Materials Guarantee
• Contractor shall replace, at no cost to the City, any plant materials planted by Contractor under this Contract which fail to establish, grow, live, and remain in healthy condition, regardless of the reason for said failure. • All plants shall be guaranteed for ninety (90) days from the date of acceptance of the job by the Director of Public Works or his/her authorized representative. • Nothing in this section shall in any way reduce or remove Contractor’s responsibility as specified elsewhere in this Contract.
E. Newly planted areas shall receive special attention until plants are established.
Adequate water shall be applied to promote normal, healthy growth. Proper berms or basins shall be maintained during the establishment period.
96. COLOR PLANTERS (CITY HALL & FOUNDERS VILLAGE)
A. The Contractor shall renovate the two (2) walkway planters and the seven (7) color bowl planters located near the City Hall main entrance, and the four (4) walkway planters and the outer circle of the raised-bed planter located near the Founders Village main entrance a minimum of four (4) times per year.
B. Renovation includes removal of old plant material and replacement with plant material as detailed in this section.
C. All color planters shall be of the same type and color and shall be renovated per the following schedule:
• April 1 – violet and white pansies – mixed, alternating color
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• June 19 – variety of seasonal annual flowering color
• Sept 1 – variety of seasonal annual flowering color
• December 1 – red and white cyclamens – mixed, alternating color
97. MULCHING (CIVIC FACILITIES)
A. A minimum three (3) inch layer of approved certified mulch shall be maintained in all tree, shrub, and groundcover areas. Mulch shall be placed in such a manner as to present a neat appearance, cover all bare soil, and shall not cover plant material or the bases of trees or shrubs.
B. All areas to receive mulch shall be free of weeds prior to mulching.
C. Mulch shall be maintained free of litter and foreign matter.
D. Contractor shall replenish mulch as required to maintain conditions specified in Section 97-A.
E. CITY shall pay the actual cost of mulch material(s) and delivery to City’s designated stockpile site(s) without markup for materials, labor, and equipment. Contractor shall supply, at its expense, all equipment and labor required to move mulch from the stockpile site(s) and to place mulch in required areas.
F. Mulching operation shall be accomplished in a timely manner, so that all material is removed and stockpile site is left clean and level, all to the satisfaction of the Director of Public Works or his/her authorized representative. The Contractor shall implement appropriate and effective BMPs to ensure storm water pollution prevention compliance for all aspects of mulching operations at the designated storage site(s) and at mulching areas in the field.
G. City reserves the right to purchase and provide mulch to the Contractor. All other provisions of Section 97 shall be adhered to by the Contractor for City provided mulch.
98. LITTER, LEAF, AND DEBRIS CONTROL (CIVIC FACILITIES) A. Remove all litter, paper, glass, trash, fecal matter, undesirable materials, silt, and other accumulated debris from all areas to be maintained.
B. Complete policing, litter pick up, and supplemental hand sweeping of edges, corners, and other areas inaccessible to power equipment shall be accomplished to ensure a neat appearance.
C. Accumulation of leaves and debris shall be removed from all landscaped and hardscaped areas except as specifically directed by the Director of Public Works or his/her authorized representative.
D. Raking should not be used in groundcover or mulched areas except to remove heavy accumulation of leaves and debris. When raking is necessary, it should be done lightly, taking care not to damage plants or displace mulch.
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E. Increases in frequencies of clean-ups for seasonal plant defoliation and additional clean-up after storms shall be the Contractor’s responsibility.
F. Removal of litter shall occur at the frequencies specified in the Contract.
G. Contractor shall employ appropriate safety equipment and procedures for litter removal.
99. IRRIGATION (CIVIC FACILITIES, EXCLUDING RESERVOIR NO. 1) A. All landscaped areas shall be irrigated, as required to maintain healthy adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to, hand watering, operation of manual valves, and proper utilization of automatic controllers and valves.
B. Monthly, the Contractor shall perform irrigation testing. Testing shall include operation of all irrigation systems to check for proper condition and reliability. Contractor shall take immediate steps to correct any observed irregularities and submit a written report regarding such circumstances to the Director of Public Works or his/her authorized representative.
C. Contractor shall ensure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and capable of performing proper programming and operation of the irrigation systems.
D. Contractor shall be responsible for performing all specified irrigation tasks including, but not limited to, testing, adjustments, repairs, replacements, and supplemental watering. Contractor shall notify the Director of Public Works or his/her authorized representative immediately of any deficiencies in irrigation at these sites.
E. Irrigation system controllers shall be programmed by Contractor with current schedules provided to the Director of Public Works or his/her authorized representative monthly or sooner if modifications are performed.
F. Areas not provided with an automated irrigation system shall be hand watered by the Contractor. This includes situations where the automatic system is inoperable for any reason. The Contractor shall be responsible for providing all equipment, such as hoses, couplers, and nozzles to accomplish this task.
G. Watering shall be regulated to avoid interference with any use of roadways, paving, or walkways.
H. Controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or early morning hours, or as specified by City ordinances.
I. Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic.
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J. No irrigation shall be done during periods of measurable rain without prior approval of the Director of Public Works or his/her authorized representative.
K. The Contractor shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. 100. IRRIGATION MAINTENANCE, REPAIR, AND TESTING (CIVIC FACILITIES, EXCLUDING RESERVOIR NO. 1)
A. Contractor shall provide labor, equipment, and parts (City shall provide parts above the monthly allowance) for maintenance of the irrigation system, including repairs and replacements (whether due to damage, malfunction, vandalism, normal wear, or other cause) of all components except the following:
1. main lines
2. valves (control valves, ball valves, and the like, not including quick couplers)
3. automatic controllers and appurtenant devices (ET and rain gauge, antenna, and the like)
4. backflow devices
5. pressure regulators
6. flow sensors
These items shall be repaired or replaced by the Contractor as Extra Work, or by other forces, at the discretion of the Director of Public Works or his/her authorized representative.
B. Contractor shall notify Director of Public Works or his/her authorized representative of any damaged, deficient, or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment.
C. Repair or replacement of irrigation components that are identified as the Contractor's responsibility shall be completed before the next watering cycle or sooner to prevent damage to turf or landscaping, unless the repair is otherwise deemed urgent by the Director of Public Works or his/her authorized representative.
D. Replacements of irrigation equipment shall be to City Standards and of the same size and quality. Substitutes shall be approved by the Director of Public Works or his/her authorized representative prior to any installation thereof.
E. The Contractor shall be responsible for the first $200 in replacement irrigation parts per calendar month. The contractor shall provide invoices for all repair parts in a given month to qualify for reimbursement above the initial $200. The contractor shall be compensated for actual cost of parts that exceed the $200 allowance without markup.
The Contractor shall not defer repairs from month to month in order to avoid payment of the initial $200 per month in parts.
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F. Contractor’s Irrigation Technician shall be fully trained in all phases of landscape irrigation systems, Qualified Water Efficient Landscaper (QWEL) certified, thoroughly familiar with the particular equipment in use, and fully equipped and capable of identifying and isolating problems and performing the proper programming, inspection, testing, repair, and maintenance of the irrigation systems. All of Contractor’s personnel working on irrigation systems shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician.
G. Contractor shall provide its Irrigation Technician at the Contractor’s own expense a Calsense Radio Remote handheld remote valve actuator or other device capable of operating the City’s Calsense irrigation control system.
H. Prior to testing a system, Contractor shall inspect all irrigated areas, noting and marking with a flag marker any dry or stressed areas. During the course of the irrigation test, Contractor shall determine the cause of the noted deficiency and make needed repairs.
I. Contractor shall sequence controller(s) to each station to check the function of all facets of the irrigation system.
J. During irrigation testing Contractor shall:
1. Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention of runoff and erosion, and prevention of excessive overspray onto adjacent areas.
2. Check for and correct all leaks, including pipes, risers, seals, turrets, etc.
3. Clean, flush, adjust, repair, or replace any equipment, head, nozzle, or component that is not functioning to manufacturer’s specifications.
4. Test with controller or remote (no bleeding), and adjust valves and heads to keep all systems operating at manufacturer's recommended operating pressures.
Valve throttling and pressure gauging shall be employed to prevent excessive fogging.
5. Check valve boxes and covers. Repair or replace as needed to include the original branding identification number. Replace and secure cover bolts as needed.
6. Check for low-head drainage. Clean, repair, or replace malfunctioning or missing anti-drain devices, including in-head check devices.
K. Any unresolved system malfunction, damage, or deficiency shall be reported, including affected valve station(s) and other pertinent details, to the Director of Public Works or his/her authorized representative. Said reporting may be verbal or in writing at the discretion and to the satisfaction of the Director of Public Works or his/her authorized representative.
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L. In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed, or reported.
M. CITY shall be responsible for performing the annual certification of backflow devices.
N. All valve boxes shall be identified with heat-branded markings as directed by the Director of Public Works or his/her authorized representative.
O. Contractor shall submit as-built drawings of all modifications to irrigation systems, including piping, relocation of equipment or sprinkler heads, replacement of heads with another make or model, changes in nozzling, and the like. As-built changes shall be completed to the satisfaction of the Director of Public Works or his/her authorized representative. As-built drawings shall be made neatly and legibly on a blue-line copy of the irrigation drawings supplied by the Director of Public Works or his/her authorized representative and shall be submitted within 2 working days of completion of the work.
P. Frequencies of irrigation testing shall be one (1) time per month, or more frequently if problems or conditions indicate a need.
101. FERTILIZATION (CIVIC FACILITIES, EXCLUDING RESERVOIR NO. 1) A. Products and rates of application shall be determined by the Director of Public Works or his/her authorized representative. Best SuperTurf 15-15-15 or approved equal shall be applied.
B. Contractor shall include scheduling of fertilizations on Annual Calendar. Fertilizer will be applied as per the fertilization schedule, or as otherwise directed to maintain an aesthetically pleasing turf grass stand.
C. Contractor shall give written notice to the Director of Public Works or his/her authorized representative at least two (2) City business days in advance of fertilizer application at a given site.
D. Contractor shall have all materials delivered to the site in properly labeled, unopened bags. All bags shall be retained on the site for the Director of Public Works or his/her authorized representative and shall be removed promptly following inspection.
E. Application of fertilizer shall be done in sections, determined by the areas covered by each irrigation system. Adequate irrigation shall immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface.
F. Turf, trees, shrubs, and groundcover areas shall be fertilized at the frequencies detailed in Section 108 (annually).
102. HARDSCAPE MAINTENANCE (CIVIC FACILITIES)
A. All hardscape (concrete flatwork, sidewalks, stamped concrete, paving stones, curbs, gutters, etc.) shall be swept weekly. Using blowers to transfer dirt, litter, or other deleterious materials to streets and/or landscape areas is prohibited.
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B. Washing hard surfaces is prohibited except when necessary to alleviate safety or sanitary hazards. All wash water from such activity must be prevented from discharging to the storm water drainage system (drains, gutters, etc.), and shall comply with the City’s water quality regulations and best management practices.
C. All hardscapes shall be kept weed and plant free. Chemical application in accordance with the agreement is acceptable. All plant materials shall be removed from construction joints and/or between curbs and stamped concrete. 103. TRASH REMOVAL (CIVIC FACILITIES, EXCLUDING FIRE STATIONS AND RESERVOIR NO. 1)
A. The Contractor shall empty all trash cans and replace trash can liners in all areas within the contract weekly and as needed. Trash can liners shall be provided at the Contractor’s expense. Weekly trash removal shall be performed on Monday.
B. Trash removal shall include emptying the blue recyclable material and green organic waste cans located in the courtyard behind City Hall and properly disposing of the contents.
C. If a City recognized holiday falls on one of the trash removal days, the Contractor shall perform the trash removal on the following City workday.
D. The Contractor shall wash or power-wash all trash receptacles, inside and out, a minimum of four (4) times per year (quarterly). All deleterious material shall be removed from the inside and outside of the trash receptacles and the hard surface under the trash cans (where applicable).
E. The Contractor shall notify the Director of Public Works or his/her authorized representative of any trash cans needing repair or replacement within 24 hours of the trash removal day.
F. The Contractor shall legally dispose of all removed trash at the Contractor’s expense.
Refer to Disposal of Materials (Section 106) regarding options for free disposal. 104. BENCH AND PICNIC TABLE MAINTENANCE (CIVIC FACILITIES, EXCLUDING FIRE STATIONS AND RESERVOIR NO. 1)
A. All benches and picnic tables shall be dusted off and wiped down in all areas within the contract during the mowing each week. Using blowers to transfer dirt, litter, or other deleterious materials to streets and/or landscape areas is prohibited. Using water to wash benches and picnic tables is permitted only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shutoff device, or a low-volume, high-pressure cleaning machine equipped to recycle any water used.
B. If a City recognized holiday falls on one of the bench and picnic table maintenance days, the Contractor shall perform the bench and picnic table maintenance on the following City workday.
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C. The Contractor shall wash or power-wash all benches and picnic tables, top and bottom, a minimum of four (4) times per year. All deleterious material shall be removed from the top and bottom of the benches and picnic tables and the hard surface under the benches and picnic tables. (where applicable).
D. The Contractor shall notify the Director of Public Works or his/her authorized representative of any benches or picnic tables needing repair or replacement within 24 hours of the bench and picnic table maintenance day. 105. ANNUAL TURF RENOVATION – SEPTEMBER – APRIL (CIVIC FACILITIES, EXCLUDING FIRE STATIONS AND RESERVOIR NO. 1)
A. Fertilization: Apply a complete fertilizer at a rate of 3/4 lb. of N per 1,000 sq. ft. per month of the growing season (Oct-Apr). The ratio of nitrogen (N) to potassium (K) should be close to equal, with phosphorous (P) 1/4 that of N and K. Fertilizer selected should include some secondary nutrients (calcium, magnesium, and sulfur) as well.
Apply micronutrients (iron, manganese, zinc, copper, and boron) at the label rate in November – this can be either in granular form or liquid form if spray equipment is available.
B. Aeration: All turf grass areas should be core aerified prior to overseeding and topdressing to create an avenue at the soil surface for water, oxygen, and carbon dioxide exchange with the atmosphere. Contractor shall flag all irrigation heads, valve boxes, quick couplers, and the like prior to commencing aeration operations.
Contractor shall be responsible for any damage to irrigation, boxes, pavement, etc. from aerifier and other equipment. Aerate all turf areas by using a device that removes cores to a depth of three (3) inches at not more than six (6) inch spacing. Contractor shall assure that turf areas to be aerified are properly and evenly moist prior to aerification operation to achieve maximum penetration. Contractor shall aerate entire area in one direction (east to west), then repeat the operation in the opposing direction (north to south). Cores can be broken up by mowing and/or dragging.
C. Topdressing: Topdressing should be performed at the same time aeration takes place.
Topdressing mix should consist of 80% washed medium sand (.5mm-.25mm) and 20% finely composted organic material. Application rate should be approximately 20 cubic yards per acre for minimum impact on field activity.
D. Overseeding: During the winter when the preferred Warm season turf is dormant, annual seeding is necessary to support sustainable growth. Overseeding should be performed as follows:
1. Overseed in late September to mid-October.
2. Mow grass at 3/4” height and remove clippings.
3. Perform core aeration.
4. Uniformly apply Marathon 2 fescue seed or comparable brand as approved by the Director of Public Works or his/her authorized representative. Use of a broadcast spreader at 6 lbs. per 1,000 sq. ft.
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5. All seed shall be covered with Kellogg’s Topper or approved equal at a rate of 1 cubic foot per 72 sq. ft. or not to exceed 1/4 inch in depth.
6. Fertilize with a pre-plant fertilizer (BEST 15-15-15, etc.) at 6 lbs. per 1,000 sq. ft.
7. Seed must remain in contact with soil and be kept moist until germination.
Seedlings shall not be allowed to dry out during establishment (12 days typically).
8. After preparation and overseeding have been completed, the area will be watered.
Watering will be three (3) to four (4) times each day, or as necessary, in combination with appropriate run time sufficient to maintain even moisture at a depth of 1/2” during daylight hours.
9. When the fescue grass approaches a height of 2" to 2 1/2", the first mowing will be done. The grass clippings will be checked for root pulling on the first pass or two.
If this happens, the Contractor will readjust his/her mowers and check the blades for sharpness. Contractor may use rotary mowers on overseeded turf.
10. Maintain overseeded turf areas until successful seed germination and complete establishment of turf has taken place. Overseeded areas will be maintained until inspection and acceptance by the Director of Public Works or his/her authorized representative.
106. DISPOSAL OF MATERIALS (CIVIC FACILITIES)
A. All debris produced as a result of the Contractor’s operations under this Contract will be reduced, reused, recycled and/or transformed to the greatest extent possible. The Contractor is required to provide the Director of Public Works or his/her designee with documentation, such as bills of lading, describing the amount of material that was reduced, reused, or recycled; the method used; and where it was used as proof of final disposal.
• Reducing will include, but not be limited to, chipping, grinding, and/or shredding operations. Disposal is to be at a recycling yard for use in a tub grinding and/or mulching program.
• Reuse will include, but not be limited to, using chipped, ground, or shredded material as mulch. If the Contractor has a location outside the City where such mulch may be applied, the contractor is to provide the Director of Public Works or his/her authorized representative with documentation from the property owner indicating location and amount of material that will be used. • Recycling will include, but not be limited to, chipped, ground, or shredded plant material used to produce compost.
B. Republic Services is the exclusive franchise waste hauler for the City. Per the terms of the City’s agreement with Republic Services, the City’s landscape maintenance contractor may dispose of all litter and debris collected within the City of Fountain Valley free of charge at the Republic Services Transfer Station located at 17121 Nichols Lane, Huntington Beach, CA 92647, consistent with historical averages. The
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City strongly encourages the Contractor to dump all waste collected under this Contract at the designated Republic Services Transfer Station. The Contractor shall only dispose of waste material collected as part of the contracted Sports Park, Parks, and Civic Facilities landscape maintenance services for the City of Fountain Valley.
The Contractor shall not import any debris collected outside the City’s boundaries.
Contractor shall make arrangements with Republic Services prior to commencement of contracted work to dispose of all City debris and litter collected from project areas at no cost to the Contractor or City.
Only Republic Services will be allowed to provide construction bins for rubbish disposal within the City of Fountain Valley.
C. Costs for disposal of materials, at locations other than the designated Republic Services Transfer Station, shall be the responsibility of the Contractor. No additional compensation for disposal shall be allowed.
D. The Contractor shall furnish copies of all weight tickets to the City on a monthly basis in compliance with State mandated reporting requirements.
E. Upon approval from the Director of Public Works or his/her authorized representative, the Contractor may also dispose of waste material collected as part of the contracted landscape maintenance services for the City of Fountain Valley in the City Yard located at 17300 Mt. Herrmann Street, Fountain Valley, CA 92708. 107. PENALTY FOR NONCOMPLIANCE
A. Failure to comply with the Schedule “C” – Base Scope of Work for Civic Facilities shall result in a performance deduction of $250 per incident, per day.
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108. MINIMUM MAINTENANCE FREQUENCIES – CIVIC FACILITIES – The following minimum maintenance frequencies shall apply to the following tasks:
BASE SCOPE OF WORK – CIVIC FACILITIES FREQUENCY
Shrub & Groundcover Maintenance
Edging and Trimming of Material Encroaching on Sidewalks/Curbs Weekly As Needed Removal of Dead, Diseased, or Dying Material Weekly As Needed Trimming/Pruning Weekly As Needed
Weed Control Continuous
Mulching
Install Mulch Per Contract As Needed
Hardscape Maintenance
Sidewalks, Gutters, Curbs, Roadways, and Misc. Asphalt & Concrete Weekly As Needed Mowing
Turf Mowing Weekly
Edging Weekly
Irrigation Maintenance
Testing Monthly
Repairs As Needed
Irrigation As Needed
Miscellaneous
Litter Pickup Weekly and As Needed
Fertilize (Best 25-5-5) Annually in April
Pest Control Continuous
Trash Removal Weekly and As Needed
Power Washing (Various Items) Quarterly
Turf Renovation/Fertilize (Best 15-15-15) Annually in November
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
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SCHEDULE “D” – SPRAYING OF SYNTHETIC WEED CONTROL
(RESIDENTIAL AND COMMERCIAL QUADRANTS)
109. RESIDENTIAL AND COMMERCIAL QUADRANT INVENTORY - SCHEDULE “D” – The following represents the City’s residential and commercial quadrant inventory to be sprayed with synthetic weed control chemicals under this Agreement. *The measurements are approximate and all measurements shall be verified by the contractor prior to submitting a bid.
D-1
Residential Quadrants
280 Curb Miles*
D-2
Commercial Quadrants
3.5 Curb Miles*
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SCHEDULE “D” – BASE SCOPE OF WORK FOR
SPRAYING OF SYNTHETIC WEED CONTROL
(RESIDENTIAL & COMMERCIAL QUADRANTS)
110. WEED CONTROL (RESIDENTIAL AND COMMERCIAL QUADRANTS) A. The Contractor shall provide the materials, equipment, labor, and supervision required to spray the residential and commercial quadrant right-of-ways with synthetic weed control chemicals twice a year employing all industry-recognized, legal methods, including Integrated Pest Management (IPM) Standards, as approved by the Director of Public Works or his/her authorized representative.
B. The right-of-way area to be sprayed shall include the joints between the sidewalk panels, curbs and gutters, and asphalt pavement up to the “crown.” C. Based on the curb miles to be sprayed, it may take multiple days to complete the entire application.
D. Residential quadrant spraying shall be scheduled at the discretion of the Director of Public Works or his/her authorized representative on street sweeping days so the chemical applicator can follow behind the street sweeper. Spraying shall be done during daylight hours.
E. Commercial quadrant spraying shall be scheduled at the discretion of the Director of Public Works or his/her authorized representative. Spraying shall be done the morning after street sweeping.
F. The preferred post-emergent herbicide to be used is Roundup Custom with an adjuvant equivalent to NoFoamA. Substitutions shall not be used without written consent from the Director of Public Works or his/her authorized representative prior to application. No dyes shall be used when applying liquid weed control.
G. Contractor shall be responsible for the results of application of all herbicides and chemicals. Plants killed or severely injured by the application of herbicides shall be replaced at no cost to the City with the nearest size nursery stock available to the dead or severely damaged plant. All replacements must be made within fifteen days upon discovery by contractor and/or City representative.
111. USE OF CHEMICALS (RESIDENTIAL AND COMMERCIAL QUADRANTS) A. Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations, and all other agencies which govern the use and application of chemicals required in the performance of the work.
B. Contractor shall apply spray chemicals when air currents are motionless preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project.
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C. All chemical applications shall be recommended and supervised by the Contractor’s Pest Control Advisor and/or Qualified Applicator Licensed (QAL) / Qualified Applicator Certified (QAC) applicator.
D. Contractor shall submit a schedule of work, plus the names of any chemicals used, outlining date, location, and work to be performed, four (4) days prior to the week of work. Said schedule shall be submitted to the Director of Public Works or his/her authorized representative.
E. The Contractor shall obtain any necessary permits to comply with City, County, State or Federal regulations or laws prior to commencement of work.
F. Safety Data Sheets (SDS) and sample labels shall be provided to the Director of Public Works or his/her authorized representative for all products and chemicals used within the City.
G. Contractor will assume responsibility and liability for the use of all chemical controls.
H. All material use shall be in strict accordance and applied within the most current Environmental Protection Agency (EPA) regulations and the California Food and Agricultural Code.
I. City shall be notified prior to applications of pesticides and other chemicals. Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with the Director of Public Works or his/her authorized representative. Material use reports of all pesticides and chemicals shall be filed with the City no later than the 10th of the following month. Contractor shall provide an annual report to the City.
J. Application of Pesticides – Contractor shall follow all label recommendations in addition to the following.
1. Timing: Pesticides shall be applied at times which limit the possibility of contamination from climatic or other factors and at the proper life cycle of the pests. Early morning application shall be used, when possible, to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas.
2. Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used that ensure materials are confined to the target area.
Spray tanks containing leftover materials shall not be drained on the site.
Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code or EPA regulations.
3. Equipment and Methods: Spray equipment shall be in good operating condition, quality, and design to efficiently and effectively apply materials to the target area. Minimize drift by avoiding high-pressure applications and using water-soluble drift agents.
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4. Selection of Materials: Pesticides shall be selected from those materials, which characteristically have the lowest residual persistence. Emulsifiable concentrates shall be used when possible to limit windblown particles. The use of adjuvants will be to increase pesticide efficiency thereby reducing the total amount of technical material required to gain control.
5. Substitutions: Whenever a specific type of material is specified, no substitutions shall be allowed without the written consent of the Director of Public Works or his/her authorized representative.
6. Certification of Materials: All materials shall be delivered on the site in original unopened containers. Materials shall be subject to inspection by the Director of Public Works or his/her authorized representative.
7. The State of California Agricultural Code requires that pest control chemicals may be used only after a written recommendation by a State of California Pest Control Advisor is obtained. A recommendation consists of all the applicator should know for accurate and safe usage.
i. The recommendation must be time and site specific.
ii. Application of all pesticides shall only be performed by or applied under the supervision of a QAL / QAC applicator of pesticides. iii. There shall be no application of a pesticide without written permission of the Director of Public Works or his/her authorized representative. iv. In cases where a Restricted Use Pesticide is recommended, the City must be in receipt of the use permit issued only by the County of Orange Agricultural Commissioner’s office to the Contractor.
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SCHEDULE “E” – ADDITIONAL TURF RENOVATION
112. HIGH-IMPACT SPECIAL EVENT LOCATIONS – SCHEDULE “E” – The following represents the City’s high-impact special event locations at the Sports Park that may require additional turf renovation services to remediate damage caused by vehicles, large crowds, tents, fencing, carnival equipment, food vendors, etc. *The measurements are approximate and all measurements shall be verified by the contractor prior to submitting a bid.
E-1
Sports Park – Field A
High-Impact Special Event
1.5 Acres*
• Unspecified Event(s) - To Be Determined
E-2
Sports Park – Fields B & C
High-Impact Special Event
3.0 Acres*
• Summerfest (June)
• Unspecified Event(s) - To Be Determined
E-3
Sports Park – Field D & Great Lawn
High-Impact Special Event
2.9 Acres*
• Unspecified Event(s) - To Be Determined
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SCHEDULE “E” – ADDITIONAL TURF RENOVATION
(SPORTS PARK – HIGH IMPACT SPECIAL EVENTS)
113. ADDITIONAL TURF RENOVATION (SPORTS PARK – HIGH IMPACT SPECIAL
EVENTS)
A. The Director of Public Works or his/her authorized representative may award additional turf renovation services to the Contractor, or other forces, at his/her discretion on an as needed basis during the term of the contract. The need for additional turf renovation services shall vary based on the high impact special events scheduled in the Sports Park. The number and types of events will vary from year to year, and the turf renovation services needed will vary based on the actual damage caused by an event. There is no guarantee that additional turf renovations will be awarded to the Contractor.
The City requests that each vendor supply a bid for the additional turf renovation services in accordance with the specifications. The Contractor is advised that the unit prices provided for additional turf renovation services may enter into the determination of the contract award.
The unit prices provided by the Contractor on the Additional Turf Renovation Breakdown Form shall be honored regardless of the number of additional turf renovations required.
B. The Director of Public Works or his/her authorized representative shall notify the Contractor of the award of additional turf renovation services a minimum of 30 days before the high impact special event and shall request additional personnel to perform these services. The Contractor shall be compensated for the actual services provided based on the prices quoted for Schedule “E.”
C. Contractor shall be responsible for remediation of all landscape and irrigation damage caused by high impact special events from vehicles, large crowds, tents, fencing, carnival equipment, food vendors, etc. and will coordinate the installation and removal of these items as needed.
D. Prior to and after the special event, the Contractor shall identify all sprinklers with flags to limit damage to the irrigation system during setup and removal.
E. Turf renovation shall occur immediately following the event and shall include installation of sod, aeration, fertilization, inter-seeding, topdressing, irrigation repairs and scheduling, and temporary fencing as needed to ensure that the fields are ready for use in 1-2 weeks.
F. Contractor shall provide the materials, equipment, and additional labor necessary to renovate the damaged turf. A separate crew from the full-time maintenance workers assigned to the Sports Park, and Parks & Civic Facilities shall perform the additional turf renovation.
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G. Contractor shall provide the Director of Public Works or his/her authorized representative a written description of the turf renovation, including the size of the area, processes utilized, and types and amounts of materials.
H. Damaged, bare, or unacceptably thin turf areas shall be inter-seeded with Grand Slam Saline or FS, plugged, or sodded with Bermuda Tifway 419 1” cut large roll sod as needed and as required by the Director of Public Works or his/her authorized representative, to re-establish turf to an acceptable quality.
I. At no time shall any turf area, including infields, outfields, multipurpose fields, or passive use turf areas, have less than 95% coverage with turf. The Contractor shall be required to immediately restore turf in these areas to the satisfaction of the Director of Public Works or his/her authorized representative.
J. Areas to be so treated shall be prepared as needed to provide an adequate soil condition for seed to germinate and/or turf to establish. Preparation may require, as needed, aeration, dethatching, soil amendment, and tilling. Areas shall be fine graded to provide for surface drainage and to match surrounding turf and borders.
K. Seed, sod, plugs, or stolons to be used and application rate shall be as approved by the Director of Public Works or his/her authorized representative. All seed, plugs, or stolons shall be covered with Kellogg’s Topper or approved equal at a rate of 1 cubic foot per 72 sq. ft. or not to exceed 1/4 inch in depth. Hybrid Bermuda seed shall be used.
L. Repaired areas shall receive supplemental water by hand or portable sprinkler as needed to establish turf.
M. Topdressing, when applicable, shall be applied with materials and methods approved by Director of Public Works or his/her authorized representative.
N. Maintain overseeded turf areas until successful seed germination and complete establishment of turf has taken place. Overseeded areas will be maintained until inspection and acceptance by the Director of Public Works or his/her authorized representative.
O. After preparation and overseeding have been completed, the area will be watered.
Watering will be three (3) to four (4) times each day, or as necessary in combination with appropriate run times sufficient to maintain even moisture at a depth of 1/2” during daylight hours.
P. When the perennial rye grass approaches a height of 2" to 2 1/2", the first mowing will be done. The grass clippings will be checked for root pulling on the first pass or two.
If this happens, the Contractor will readjust his/her mowers and check the blades for sharpness. Contractor may use rotary mowers on overseeded turf.
Q. Renovated area shall be fertilized with fertilizer approved by the Director of Public Works or his/her authorized representative.
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114. PENALTY FOR NONCOMPLIANCE
A. Failure to comply with the Schedule “E” scope of work for Additional Turf Renovation shall result in a performance deduction of $250 per incident, per day.
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SCHEDULE “F” – ADDITIONAL INFIELD PREP
115. ADDITIONAL INFIELD PREP
A. The Director of Public Works or his/her authorized representative may award additional infield prep services to the Contractor, or other forces, at his/her discretion on an as needed basis during the term of the contract. The need for additional infield prep shall vary based on the tournaments and usage scheduled in the Sports Park.
There is no guarantee that additional infield prep services will be awarded to the Contractor.
The City requests that each vendor supply a bid for the additional infield prep services in accordance with the specifications. The Contractor is advised that the unit price provided for additional infield prep services may enter into the determination of the contract award.
B. Contractor shall provide the materials, equipment, and additional labor necessary to provide the additional infield prep. A separate crew from the full-time maintenance workers assigned to the Sports Park, and Parks & Civic Facilities shall perform the additional infield prep.
C. The Director of Public Works or his/her authorized representative shall notify the Contractor of the award of additional infield prep a minimum of 30 days prior to the scheduled work and shall request additional personnel to perform these services. The Contractor shall be compensated for the actual services provided based on the unit prices quoted.
D. Additional infield prep shall include fields, days, and times outside of the regularly scheduled maintenance in Section A-9. Additional infield prep may include Fields 1- 15, be scheduled Monday-Sunday, and be scheduled for early a.m. hours (completed by 7:00 a.m.) or late p.m. hours (starting at approximately 10:30 p.m.) based on the City’s needs. The Director of Public Works or his/her authorized representative shall provide a detailed schedule of work, including designated fields, days, and times, a minimum of 7 days prior to scheduled work. Dates are subject to change due to inclement weather or cancellation. A sample schedule is provided for reference only.
E. The Contractor shall drag, level, rake, wet down, and chalk the designated fields on the designated days at the designated times. Infield maintenance on a field shall not begin until completion of play on the field, including extra innings and games that run long.
F. The Contractor shall maintain a level surface with uniform consistency throughout the skin and baseline areas. Problem areas include edges, player position areas, sliding areas, and lead-off areas.
116. DRAGGING EQUIPMENT / TECHNIQUES (ADDITIONAL INFIELD PREP) A. All dragging should avoid the grass edges by staying at least one foot away – the area next to the grass edge shall be hand raked towards the infield. The dragging
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techniques to be applied to the baseball/softball infields shall include both a leveling drag and a grooming drag.
B. Leveling drag: Fill in minor swales created from sliding and concentrated cleat activity at the player position areas and baselines. Use caution when dragging near the grass edge to avoid moving any loose soil into the grass thus creating a lip problem. For best results on the skin area, dragging with a level drag should be in circles with a minimum turning radius of the equipment used to pull the drag. A medium turning radius at a slow speed prevents the tires on the equipment from digging into the clay base.
Keeping the turning radius the same and overlapping the drag width halfway from the previous drag pass will help ensure a more uniform and level surface.
C. Grooming drag: Puts the finishing touches on the leveling process by eliminating any ridges created by the leveling drag. It also helps establish a more uniform distribution of the conditioner or topdressing material.
117. MOISTURE MANAGEMENT (ADDITIONAL INFIELD PREP) – The key component to any good infield skin and baseline is proper moisture within the soil profile. Proper moisture can take a poor performing infield and turn it into one of superior performance. Moisture shall be applied evenly when wetting down infield.
118. PITCHER’S MOUND / HOME PLATE AREA (ADDITIONAL INFIELD PREP) Repair holes on the pitcher’s mound and in the home plate area, including the batter and catcher boxes, utilizing this 5-step process:
• Step 1: Using a kitchen broom remove all loose soil from holes – the base of the hole should be firm and hard.
• Step 2: Using a pump-up sprayer or a hose with an on/off nozzle set to a trickle, wet the base of the hole to the point where the clay in the bottom of the hole becomes sticky and slightly slimy – make sure the edges of the hole are wet as well.
• Step 3: Add moist clay material to the hole.
• Step 4: Compact the applied clay material with a tamper making sure the compaction is occurring throughout the entire area of the hole. Compact area until it is level with the surrounding surface.
• Step 5: Keep clay moist for best playability and minimal disruption – apply light amounts of water as needed to prevent clay from drying out and cracking.
Key mound repair areas will include the launch area (next to the rubber), the landing area (approximately 5 feet down the slope from the rubber), and the follow-through area (approximately 3 feet to the right and left of the landing area).
Key home plate areas will include the holes in both batter’s boxes, the catcher’s box, the start line toward 1st base (typically located just outside the right batter’s box and in line with the foul line), and the sliding area into home plate from 3rd base side.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services General and Special Provisions
March 2025 – City of Fountain Valley 103 | P a g e
119. BULLPEN MAINTENANCE (ADDITIONAL INFIELD PREP) – Clean, sweep, and remove debris from the bullpens.
120. PENALTY FOR NONCOMPLIANCE
A. Failure to comply with the Schedule “F” scope of work for Additional Infield Prep shall result in a performance deduction of $250 per incident, per day.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Area Maps
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AREA MAPS
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Schedule “A” –
Sports Park
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RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Area Maps
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Schedule “B” –
Parks
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RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Area Maps
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RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Area Maps
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RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Area Maps
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RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Area Maps
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Schedule “C” –
Civic Facilities
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Schedule “D” –
Spraying of Synthetic Weed Control
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Area Maps
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RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Current Soil Analysis Report
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CURRENT SOIL
ANALYSIS REPORT
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RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Current Soil Analysis Report
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RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Current Soil Analysis Report
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RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Current Soil Analysis Report
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RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Current Soil Analysis Report
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RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Schedule for Additional Infield Prep
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SAMPLE SCHEDULE FOR
ADDITIONAL INFIELD PREP
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Schedule for Additional Infield Prep
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SAMPLE SCHEDULE
FOR ADDITIONAL INFIELD PREP
The City may award additional infield prep services to the Contractor, or other forces, as needed based on the tournament and usage schedule. There is no guarantee that additional infield prep services will be awarded to the Contractor. Additional infield prep shall include fields, days, and times outside of the regularly scheduled maintenance in Section A-9. Additional infield prep may include Fields 1-15, be scheduled Monday-Sunday, and be scheduled for early a.m. hours (completed by 7:00 a.m.) or late p.m. hours (starting at approximately 10:30 p.m.) based on the City’s needs.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Contract and Performance Bond – DO NOT EXECUTE
March 2025 – City of Fountain Valley 1 | P a g e
SAMPLE CONTRACT AND
PERFORMANCE BOND
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Contract and Performance Bond – DO NOT EXECUTE
March 2025 – City of Fountain Valley 2 | P a g e
Dear Contractor:
In entering into an agreement with the City of Fountain Valley, you must designate your form of business entity. There are three basic types of business entities. They are:
1. A Sole Proprietorship
(with or without a “dba”)
2. A Partnership
3. A Corporation
In entering into contracts with the City of Fountain Valley, please indicate the complete name of your business in one of the following acceptable formats:
1. John Smith, Sole Proprietor;
or
John Smith, Sole Proprietor,
doing business as “Acme Roofing”
2. Smith and Dokes, a California Partnership;
3. Smith Corporation, Inc.,
a California Corporation
In signing the agreement with the City of Fountain Valley, you or your agent must sign in one of the following manners so the capacity in which you or your agent is signing is clear:
1. ___________________________
John Smith, Sole Proprietor
2. Smith and Dokes
By: ______________________
John Smith, Partner
3. Smith Corporation, Inc.
By: ______________________
Vice President
Your Public Notary must indicate your capacity when acknowledging your signature.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Contract and Performance Bond – DO NOT EXECUTE
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CONTRACT
CON-___-___
This AGREEMENT is made and entered into this day of ___________, 20__, by and between the CITY OF FOUNTAIN VALLEY, hereinafter referred to as “CITY,” and ___________________, hereinafter referred to as “CONTRACTOR.”
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged, CITY and CONTRACTOR mutually agree as follows:
SCOPE OF THE WORK AND TOTAL AGREEMENT COST
1. Scope of the Work. CONTRACTOR shall perform all the work and shall provide and furnish all labor, materials, tools, expendable equipment, utility and transportation services required to provide Sports Park, Parks, and Civic Facilities Landscape Maintenance Services as described in Exhibit “A” attached hereto and incorporated herein by this reference as though set forth in full. CONTRACTOR shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
2. Labor and Materials. All of said work to be performed and materials to be furnished shall be in strict accordance with the Exhibit A and CONTRACTOR agrees to do everything required by this AGREEMENT, Exhibit A and the contract documents. All labor, materials, tools, equipment, and services shall be performed under the direction, administration, and subject to the approval of CITY or its authorized representatives.
3. Total Agreement Cost. CITY agrees to pay CONTRACTOR in accordance with the payment, rates, terms, and schedule of payment set forth in Exhibit A. CITY agrees to pay, and CONTRACTOR agrees to accept in full payment for the work above agreed to be done, an amount not to exceed ____________________________________ AND ____/100 DOLLARS ($_____________) per year, with an annual contingency of THIRTY-SIX THOUSAND SEVEN HUNDRED FIFTY AND 00/100 DOLLARS ($36,750.00) for extra work if CITY requests such extra work in accordance with this AGREEMENT. No extra work shall be performed without written authorization from City.
NOTICE TO PROCEED AND TIMING
4. Notice to Proceed. No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a “Notice to Proceed” has been given to CONTRACTOR by CITY and all bonds and certificates of insurance required pursuant hereto have been furnished to and approved by CITY.
5. Term.
A. The term of this AGREEMENT shall be for a two (2) year period and shall commence as of July 1, 2025, and continue through June 30, 2027.
B. The CITY, at its option and with CONTRACTOR concurrence, may renew this AGREEMENT for two (2) additional two (2) year periods on the same terms and conditions
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Contract and Performance Bond – DO NOT EXECUTE
March 2025 – City of Fountain Valley 4 | P a g e
as provided herein, including a provision for a Consumer Price Index (CPI) adjustment in the cost of the AGREEMENT. This option may be exercised only if the CONTRACTOR demonstrates superior performance in providing services.
C. If an increase in compensation for service in succeeding option periods is requested, the CONTRACTOR must provide detailed supporting documentation to justify the requested rate increase. The requested increase will be evaluated by the CITY, and the CITY reserves the right to negotiate, accept or reject the CONTRACTOR’s requested compensation increase. This AGREEMENT’s compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the Consumer Price Index for All Urban Consumers (CPIU) for Los Angeles-Long Beach-Anaheim, CA, all items index, not seasonally adjusted, changes over the previous AGREEMENT period as published by the U.S. Bureau of Labor Statistics https://www.bls.gov/regions/west/news-release/ConsumerPriceIndex_LosAngeles.htm .
Requests for price changes must be made by the CONTRACTOR in writing six (6) months before the end of the then-current AGREEMENT period and is subject to negotiation or rejection by the CITY. Compensation increases shall only be considered at the expiration of each AGREEMENT period.
JOB PROGRESS AND COOPERATION
6. Cooperation. CONTRACTOR agrees to cooperate with CITY and to provide submittals and participate in meetings in a good faith effort to complete the project. If disagreements arise, CONTRACTOR agrees to document the disagreement in accordance with these AGREEMENT provisions and provide CITY with early notice of the same for later resolution but shall continue to cooperate and prosecute the work to completion in a diligent manner.
Nothing herein shall excuse CONTRACTOR’s strict compliance with Section 14 if extra work compensation is sought.
7. CONTRACTOR’S Independent Investigation.
A. No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this AGREEMENT, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes of letting this AGREEMENT out to bid, will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of said AGREEMENT, specifications, and plans, nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
B. Except as specifically provided in the CONTRACT DOCUMENTS, information provided for purposes of bidding do not represent “conditions indicated” as being in existence and are provided for the convenience of the parties in making their own investigation.
PREVAILING WAGES & LABOR, WAGE, AND HOURS LAWS
8. Public Work/DIR Registration. Notice is provided pursuant to Labor Code Section 1781 that this is a “public work” as defined in Chapter 1, Part 7, Division 2 of the Labor Code, to which Section 1771 applies. CONTACTOR shall pay prevailing wages, unless exempt.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Contract and Performance Bond – DO NOT EXECUTE
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All contractors and subcontractors working on this job shall be registered with the Department of Industrial Relations using online form 100.
9. Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request.
CONTACTOR shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code.
10. Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT.
Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Electronic certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. THE CONTRACTOR’S AND SUBCONTRACTOR’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUB-CONTRACTOR’S PAYROLL RECORDS. Additionally, CONTRACTOR or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776 subdivision (a) of the Labor Code. In the event that CONTRACTOR or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT.
11. Penalty. CONTRACTOR and any subcontractor under CONTRACTOR shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any subcontractor under CONTRACTOR) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONTRACTOR or subcontractor, in accordance with Section 1775 of the Labor Code of the State of California.
12. Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen on the project are hereby imposed upon CONTRACTOR.
13. Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by the CONTRACTOR or any subcontractor for
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Contract and Performance Bond – DO NOT EXECUTE
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each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any sums owed pursuant to this AGREEMENT.
EXTRA WORK
14. Extra Work Compensation. The CITY may award Extra Work to the CONTRACTOR, or to other forces, at the discretion of the Director of Public Works or his/her authorized representative. New or unforeseen work will be classified as “Extra Work” when the Director of Public Works or his/her authorized representative determines that it is not covered by AGREEMENT unit prices or is significantly different than the CONTRACTOR’s other work areas.
Areas added that are of similar size and scope to the CONTRACTOR’s current work shall be compensated at a rate consistent with the current work. Extra Work shall be performed by agreement between the CITY and the CONTRACTOR on a Negotiated Proposal and Acceptance, formalized in writing, or on a time and materials basis pursuant to a written agreement in accordance with this section. If the Director of Public Works or his/her authorized representative determines that the Extra Work can be performed by CONTRACTOR’s present work force, Director of Public Works or his/her authorized representative may authorize modification of the CONTRACTOR’s routine operations schedule or annual calendar in order to compensate CONTRACTOR for performing said work.
A. Negotiated Proposal and Acceptance Basis. Prior to performing any Extra Work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR’s proposal by the Director of Public Works or his/her authorized representative. When a condition exists which the Director of Public Works or his/her authorized representative deems an emergency, the Director of Public Works may verbally authorize the work to be performed upon receiving a verbal estimate from the CONTRACTOR. However, within twenty-four (24) hours after receiving a verbal authorization, the CONTRACTOR shall submit a written estimate, consistent with the verbal authorization, to the Director of Public Works or his/her authorized representative for approval. All Extra Work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted.
B. Time and Materials Basis. In the event that the Director of Public Works or his/her authorized representative determines that work requested is of an unknown duration, not easily quantified or the CONTRACTOR’s proposal for work is not approved, the Director of Public Works or his/her authorized representative reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a Time and Materials basis, pursuant to a written agreement. The Director of Public Works or his/her authorized representative may direct CONTRACTOR to proceed by allowing him/her to use the following rates or percentages as added costs for the markup of all overhead and profits:
1) Labor………………………… 20%
2) Materials……….…………… 15%
3) Equipment Rental ……………… 15%
4) Other Items and Expenditures … 15%
SUBCONTRACTING
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Contract and Performance Bond – DO NOT EXECUTE
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15. Subcontracting. CONTRACTOR acknowledges that he or she is aware of the provisions of the “Subletting and Subcontracting Fair Practices Act” (Public Contract Code Sections 4100 et seq.) and agrees to comply with all applicable provisions thereof. If any part of the work to be done under this AGREEMENT is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with this AGREEMENT. All subcontractors must comply with the prevailing wage and labor laws and maintain the same insurance coverage required of CONTRACTOR. Upon request, certified copies of any or all subcontracts shall be furnished to CITY. The subcontracting of any or all of the work to be done will in no way relieve CONTRACTOR of any part of his responsibility under the AGREEMENT. Pursuant to Public Contract Code Section 4110, CONTRACTOR’s violation of any of the provisions of the Subletting and Subcontracting Fair Practices Act violates this AGREEMENT and CITY may cancel this AGREEMENT or assess CONTRACTOR a penalty of not more than 10 percent (10%) of the subcontract involved. CITY may deduct this penalty from any monies due or that may become due to CONTRACTOR for work performed under this AGREEMENT.
All persons engaged in the work performed pursuant to this AGREEMENT, including subcontractors, will be considered as employees of CONTRACTOR. CONTRACTOR will be held responsible for their work. CITY will deal directly with and make all payments to CONTRACTOR.
When a subcontractor fails to prosecute a portion of the work required under this AGREEMENT in a manner satisfactory to the CITY, CONTRACTOR shall remove such subcontractor immediately upon written request of the CITY, and shall request approval of a replacement subcontractor to perform the work in accordance with the Subletting and Subcontracting Fair Practices Act at no added cost to the CITY.
STOP NOTICES
16. Additional Costs. Pursuant to Civil Code Section 9358, upon receipt of a stop notice, CITY shall withhold from payment to CONTRACTOR sufficient funds due or to become due to pay the claim stated in the stop notice and provide for reasonable costs of litigation. One hundred twenty five percent (125%) of the amount of the claim stated in the stop notice shall be a reasonable amount to withhold. In addition to the remedies authorized by law, CONTRACTOR shall reimburse CITY for administrative expenses incurred in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure of CONTRACTOR to pay for labor or materials. CITY shall have the right to deduct any such expenses from amounts due or to become to CONTRACTOR under this AGREEMENT.
NPDES
17. Water Pollution Control. All work shall conform to the requirements established through the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit issued to the County of Orange and the incorporated cities of Orange County by the Santa Ana Regional Water Quality Control Boards, the 2009-0009-DWQ Construction General Permit, the CITY’s Drainage Area Management Plan (DAMP) and Chapter 14.40 of the Fountain Valley Municipal Code (Storm Water Regulations). All areas outside of the project limits disturbed by the CONTRACTOR for the prosecution of the work shall also be subject to the requirements of these special provisions. The CONTRACTOR shall be fully responsible for all costs and liabilities associated with water pollution control measures in areas outside the project limits.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Contract and Performance Bond – DO NOT EXECUTE
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INDEMNIFICATION
18. Indemnity. CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work pursuant to this AGREEMENT or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this AGREEMENT.
CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this AGREEMENT, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.
Notwithstanding any limits provided for indemnification, CONTRACTOR’s duty to defend is broader. CONTRACTOR agrees to provide CITY with a defense, with counsel reasonably acceptable to CITY, or pay CITY’s costs of defense, upon service of any complaint, petition, or other pleading that requires CITY to defend itself in any proceeding arising out of the work described in this AGREEMENT. Said obligation shall not extend to disputes between CONTRACTOR and CITY.
INSURANCE
19. Insurance. Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of any work pursuant to this AGREEMENT, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.
General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Contract and Performance Bond – DO NOT EXECUTE
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standard ISO “insured contract” language will not be accepted. The policy shall name the City of Fountain Valley, and its officers, officials, employees, agents, and volunteers as additional insureds.
Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Umbrella or excess liability insurance. [If required to meet higher limits]. Contractor shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.
Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies.
Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and Contractor agrees to maintain continuous coverage through a period of no less than three years after completion of the services required by this AGREEMENT.
Contractor’s Pollution liability insurance. Coverage shall provide for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for remediation of the site in the event of an environmental contamination event arising out of the materials, supplies, products, work, operations, or workmanship. The policy shall provide coverage for the hauling
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Contract and Performance Bond – DO NOT EXECUTE
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of waste from the PROJECT site to the final disposal location, including non-owned disposal sites.
If coverage is provided under a claims-made policy, any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and the Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, employees, and volunteers shall be included as insureds under the policy.
Proof of insurance. CONTRACTOR shall provide certificates of insurance and required endorsements to CITY as evidence of the insurance coverage required herein. Insurance certificates and endorsement must be approved by CITY prior to commencement of performance.
Current certification of insurance shall be kept on file with CITY for the contract period and any additional length of time required thereafter. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONTRACTOR shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss, which may arise from or in connection with the performance of the work pursuant to this AGREEMENT by CONTRACTOR, their agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, agents, and volunteers shall continue as additional insureds under such policies.
Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Products/completed operations coverage. Products liability coverage shall extend for a minimum of three years (3) after project completion, and completed operations coverage for construction agreements shall extend for 10 years from the date of substantial completion of the project or the statute of repose, whichever is longer. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured.
Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.
CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Contract and Performance Bond – DO NOT EXECUTE
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has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subconsultants and subcontractors.
Enforcement of CONTRACT provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
If any of the Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of notifying the City immediately in the event of Contractor’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional insured status. General liability, automobile liability, pollution liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Contract and Performance Bond – DO NOT EXECUTE
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Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Contractor (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Contractor’s subcontractor cannot comply with this requirement, which proof must be submitted to the City, Contractor shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Contractor, but in all other terms consistent with the Contractor’s requirements under this agreement. This provision does not relieve the Contractor of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Contractor with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Contractor under this agreement given the limited scope of work or services provided by the subcontractor.
Contractor agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to City for review.
CITY’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
20. Workers’ Compensation.
A. CONTRACTOR shall carry Workers’ Compensation Insurance and require all subcontractors to carry Workers’ Compensation Insurance as
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required by the Labor Code of the State of California. CONTRACTOR, by executing this AGREEMENT, hereby certifies:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this AGREEMENT.” B. CONTRACTOR acknowledges that it is unlawful and a crime to intentionally make false statements about employees that misclassify their job duties to obtain lesser premium costs or for other improper purposes.
CONTRACTOR agrees that if it makes false statements about its employees for the purpose of obtaining lower workers’ compensation premiums or for other unlawful purposes, it shall be considered a material breach of this AGREEMENT.
21. Performance Bond. CONTRACTOR shall, prior to the execution of the AGREEMENT, furnish a bond approved by CITY, in the amount of one hundred percent (100%) of the total AGREEMENT cost, to guarantee the faithful performance of the work performed pursuant to this AGREEMENT. This AGREEMENT shall not become effective until such bonds are supplied to and approved by CITY. The amount of the bond shall be increased as, when and in the amount of any amendments that are executed increasing the AGREEMENT, the CONTRACTOR shall, upon request by the CITY, provide evidence of such increases. The bond shall be issued by an admitted surety insurer and the CITY reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995. 660. Should the bond or any surety on such bond become or be determined by the CITY to be insufficient, it shall be replaced within ten days by a bond that fully complies with the requirements of this Section. This bond shall be renewed annually for the entire term of the AGREEMENT and subsequent amendments to extend the AGREEMENT.
Duration. The Performance Bond shall remain in effect and assure faithful performance of all the CONTRACTOR’s obligations under the AGREEMENT, including, without limitation, all obligations that survive final completion or termination, such as, but not limited to, CONTRACTOR’s warranty, commissioning and indemnity obligations.
Surety. At the time the AGREEMENT is signed and at all times thereafter, the Surety on the Performance Bond shall be a licensed Surety in good standing with the California Department of Insurance and having an A.M. Best's Insurance Rating of not less than A-: VI.
Premiums. The premiums for all bonds are included in the total AGREEMENT cost and shall be paid by the CONTRACTOR.
Obligee. The Performance Bond shall name the CITY as obligee. All bonds purchased by the subcontractors shall name the CONTRACTOR and the CITY as dual obligees.
No exoneration. Changes, Change Orders, Requests for Extra Work, Unilateral Change Orders, Field Orders, Modifications and adjustments to the total AGREEMENT cost shall in no way release or exonerate the CONTRACTOR or its surety from their obligations, and notice
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thereof shall be waived by the surety. The foregoing provision shall be included in the terms of the Performance Bond and any bonds obtained by the subcontractors.
Communications. The CITY shall have the right to communicate with the CONTRACTOR’s sureties with respect to matters that are related to the CONTRACTOR’s performance of its obligations under this AGREEMENT. Such communications shall not create, or be interpreted as creating, any contractual relationship between the CITY and the surety.
No limitation. The requirements of this Section pertaining to the Performance Bond shall be without limitation to any other obligations the CONTRACTOR may have under Applicable Law to provide bonding for the benefit of and to assure payment to the subcontractors or subconsultants performing work pursuant to this AGREEMENT.
TERMINATION
22. Termination.
A. If CONTRACTOR should fail to comply with any of the provisions hereof, or in the event CONTRACTOR should become the subject of a proceeding under state or federal law for relief of debtors, or if CONTRACTOR makes an assignment for the benefit of creditors, CITY shall have the right to hold CONTRACTOR in default and cancel this AGREEMENT in whole or in part.
B. Should CONTRACTOR, at any time during the progress of the work, refuse or neglect to supply sufficient material or labor, or fail in compliance with any provision of this AGREEMENT, CITY shall have the right, without prejudice to any other right or remedy it may have, to provide such materials and labor, or make good such deficiencies as CITY may deem expedient after three (3) days notice in writing, delivered or mailed to CONTRACTOR at his last address on file with CITY, and CONTRACTOR shall be liable for the cost and expense thereof which may be deducted by CITY from any money due or that may become due CONTRACTOR.
C. Without limiting any rights which CITY may have by reason of any default by CONTRACTOR hereunder, CITY reserves the right to terminate this AGREEMENT in whole or in part at its convenience. In such event CITY shall compensate CONTRACTOR, subject to deduction for previous payments and authorized deductions: (i) by reimbursing CONTRACTOR for reasonable and necessary expenditures and costs that are actually incurred in performing under this AGREEMENT, (ii) by reimbursing CONTRACTOR for reasonable and necessary expenditures made and costs actually incurred with CITY’s prior written approval in settling or discharging outstanding commitments entered into by CONTRACTOR in performing under this AGREEMENT, and (iii) by paying CONTRACTOR as a profit, insofar as a profit is realized hereunder, an amount equal to the profit on the entire AGREEMENT estimated at the time of termination, multiplied by the percentage of completion of the work performed pursuant to this AGREEMENT. In no event, however, will the compensation to CONTRACTOR exceed the total AGREEMENT price less payments previously made and less the AGREEMENT price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all orders and subcontracts in connection with this AGREEMENT, (ii) immediately cancel all existing orders and subcontracts made hereunder, and (iii) immediately transfer to CITY all materials, supplies, workin-process, appliances, facilities, equipment, machinery, and tools acquired by CONTRACTOR in connection with the performance of this AGREEMENT.
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23. Notice to Contractor of Claims. CITY shall provide notice to CONTRACTOR upon receipt of any third-party claim related to the AGREEMENT.
CONTRACT DOCUMENTS AND INTERPRETATION
24. Other Documents Included. It is further agreed by the parties hereto that the following documents are incorporated herein by reference and are to be read and construed together as the full, complete, and integrated terms of this AGREEMENT and, collectively with this AGREEMENT, may be referred to as the CONTRACT DOCUMENTS:
A. Request for Proposal
B. General and Special Provisions
C. Contractor’s Proposal
D. City of Fountain Valley Public Works Standard Plans (Including, but not limited to Sections 500, 600, and 800)
E. Notice to Proceed
F. Performance Bond
25. Interpretation of Incorporated Documents. In the event of any conflict, inconsistency, or incongruity between the provisions of this AGREEMENT and the provisions of any document listed in Section 24 hereof, the provisions of this AGREEMENT shall prevail unless a contrary intent is shown. This AGREEMENT shall be interpreted as though it had been drafted by the CITY and the CONTRACTOR equally. This AGREEMENT shall be interpreted according to the laws of the State of California.
26. Integration/No Oral Modifications. This AGREEMENT integrates all understandings of the parties. Any amendment to this AGREEMENT must be made in writing and signed by the parties with legal authority to execute the same. CONTRACTOR is aware that CITY is a general law city and that, pursuant to Government Code Section 40602, contract amendments may only be entered into by compliance with those formalities. Notwithstanding the above, requests for extra work compensation may be made by following the procedures in Section 14 of this AGREEMENT.
27. Effect of Invalidity. The invalidity in whole or in part of any provision hereof shall not affect the validity of any other provision.
MISCELLANEOUS
28. Discrimination, Minorities, Aliens. The CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin, or sex. CONTRACTOR shall take affirmative steps to hire qualified minority individuals when job opportunities occur and utilize local business firms when possible and when consistent with California Constitution Article 1, Section 31 (a) [Proposition 209].
29. Equal Employment Opportunity. CONTRACTOR shall comply with all provisions of Executive Order 11246, entitled “Equal Employment Opportunity” and amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR part 60).
30. Drug-Free Work. CONTRACTOR agrees to provide a drug-free workplace in accordance with 24 CFR part 24, sub-part F. Under 24 CFR part 24, sub-part F, the
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Contract and Performance Bond – DO NOT EXECUTE
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CONTRACTOR will provide certification in writing that it will provide a drug-free workplace by:
(a) Publicizing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action it will take against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about:
1. Degrees of drug abuse in the workplace;
2. The policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs; and
4. The penalties which may be imposed on employees for drug abuse violations occurring in the workplace.
(c) Making it a requirement that every employee to be engaged in the performance of the AGREEMENT be given a copy of the statement required by Subsection (a); (d) Notifying employees in the statement required by Subsection (a) that as a condition of employment under the AGREEMENT the employee will:
1. Abide by the term of the statement; and
2. Notify the employer in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction.
(e) Notifying CITY in writing within ten (10) calendar days after receiving notice under Subsection (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employer of said convicted employee must provide notice, including conviction title, to the CITY;
(f) Taking one of the following actions, within thirty (30) calendar days of receiving notice under Subsection (d)(2), with respect to any employee who is so convicted:
1. Taking appropriate action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of Sections (a), (b), (c), (d), (e), and (f).
31. Permits. The CONTRACTOR shall obtain from the CITY, County, State, or other responsible public agencies all licenses and permits, and pay all fees related thereto, necessary to complete the job.
32. Assignment. No assignment by the CONTRACTOR of this AGREEMENT or any
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part hereof, or of funds to be received hereunder, will be recognized by the CITY unless such assignment has had prior written approval and consent of the CITY and the surety.
33. Safety and Site Condition. CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR’s responsibility to keep the site in a clean, neat, and orderly condition. It shall also be CONTRACTOR’s duty to dust-palliate all working areas and access routes, if applicable.
All operations shall be conducted by CONTRACTOR so that no fire hazards are created.
34. Utility Location. CITY acknowledges its responsibilities with respect to locating facilities pursuant to California Government Code Section 4215.
35. Notices. The parties hereto agree that all formal notices required by this AGREEMENT may be provided to the following persons at the following addresses by sending the same by certified or registered mail as follows:
CITY: City Clerk
Fountain Valley City Hall
10200 Slater Avenue
Fountain Valley, California 92708
CONTRACTOR: ___________________________
___________________________
___________________________
___________________________
36. Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities to CITY’s employees, agents, or representatives with a view toward securing this AGREEMENT or securing favorable treatment with respect thereto.
37. Conflict of Interest. CONTRACTOR warrants that he/she has no blood or marriage relationship with, and that he/she is not in any way associated with, any architect, engineer, or other preparer of the scope of work for this project.
38. Copeland "Anti-Kickback" Act. If applicable to this AGREEMENT, CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland “AntiKickback” Act (18 U.S.C. Section 874), as supplemented in Department of Labor regulations, which Act provides that each contractor shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of any public work, to give up any part of the compensation to which he is otherwise entitled.
39. Attorney’s Fees. In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONTRACTOR’s duty to provide CITY with a defense at CONTRACTOR’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.
40. SCAQMD and CARB Compliance. CONTRACTOR agrees to comply with all
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Contract and Performance Bond – DO NOT EXECUTE
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South Coast Air Quality Management District (SCAQMD) and California Air Resources Board (CARB) requirements, including, but not limited to, compliance with CARB Regulations limiting idling of self-propelled diesel-fueled on-road and off-road vehicles and equipment (25 HP and up) to no more than five (5) consecutive minutes as specified in Title 13 of the California Code of Regulations, section 2449 (d)(3), Idling.
IN WITNESS WHEREOF, the parties hereto have entered into this AGREEMENT the date and year first above written.
ATTEST: CITY OF FOUNTAIN VALLEY
Rick Miller, City Clerk Ted Bui, Mayor
APPROVED AS TO FORM:
HARPER & BURNS LLP
CONTRACTOR
Name:
Attorneys for the City
Address:
APPROVED AS TO CONTENT:
By:
______________________________
Scott Smith, Director of Public Works
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State of California )
County of _____________________________ )
On_________________________ before me __________________________________________, Date Here insert Name and Title of the Officer
Personally appeared ______________________________________________________________ Name(s) of Signer(s)
______________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature____________________________________
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not truthfulness, accuracy, or validity of that document.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Sample Contract and Performance Bond – DO NOT EXECUTE
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FAITHFUL PERFORMANCE BOND
PAGE 1
Bond No.
CITY OF FOUNTAIN VALLEY
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, CITY OF FOUNTAIN VALLEY, a municipal corporation, by minute order of the City Council, adopted on _________________, 20__, has awarded to (Name and Address of Contractor)
hereinafter designated as the “PRINCIPAL,” an AGREEMENT for the work described as follows:
Sports Park, Parks, and Civic Facilities Landscape Maintenance Services. Said AGREEMENT is fully incorporated herein by reference.
WHEREAS, the said PRINCIPAL is required under the terms of said AGREEMENT to furnish a bond for the faithful performance of said AGREEMENT.
NOW, THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL, and (Name and Address of Surety)
hereinafter designated as the “SURETY,” duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Fountain Valley, in the penal sum of: __________________________________________ AND ___/100 DOLLARS ($____________), said sum being not less than one hundred percent (100%) of the estimated amount payable under the terms of the AGREEMENT for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burden PRINCIPAL, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said AGREEMENT and any alteration thereof made as therein provided, on his or their part, to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Fountain Valley, its officers, and its agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue.
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FAITHFUL PERFORMANCE BOND
PAGE 2
Bond No.
In case suit is brought upon this bond, each party shall bear its own costs and attorney fees.
And the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work or to the specifications.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____________ day of _________________, 20__.
CONTRACTOR
(Contractor Name and Address).
PRINCIPAL
By:
Company Representative
Sports Park, Parks, and Civic Facilities Landscape Maintenance Services, all bonds shall have been issued by an admitted surety insurer, and the CITY reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660.
By signing below, SURETY certifies that the bonds are issued by admitted surety.
SURETY
By:
Company Representative
APPROVED AS TO FORM:
HARPER & BURNS LLP
Attorneys for the City
City of Fountain Valley
By /s/
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
FORMS PACKET
CONTRACTOR’S WORK FORCE
• SCHEDULE “A” SPORTS PARK (3 PAGES)
• SCHEDULES “B” & “C” – PARKS & CIVIC FACILITIES (3 PAGES) • SCHEDULE “D” – SPRAYING OF SYNTHETIC WEED CONTROL (3 PAGES) CONTRACTOR’S EQUIPMENT
• SCHEDULE “A” – SPORTS PARK (2 PAGES)
• SCHEDULES “B” & “C” – PARKS & CIVIC FACILITIES (2 PAGES) • SCHEDULE “D” – SPRAYING OF SYNTHETIC WEED CONTROL (2 PAGES) CONTRACTOR’S ESTIMATE OF MATERIALS AND SUPPLIES
• SCHEDULE “A” – SPORTS PARK (2 PAGES)
• SCHEDULES “B” & “C” – PARKS & CIVIC FACILITIES (2 PAGES) • SCHEDULE “D” – SPRAYING OF SYNTHETIC WEED CONTROL (2 PAGES) ADDITIONAL TURF RENOVATION BREAKDOWN – SCHEDULE “E” (4 PAGES) TECHNICAL ABILITY AND EXPERIENCE (1 PAGE)
UNSPECIFED VALUE-ADDED OFFERINGS (1 PAGE)
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S WORK FORCE
SCHEDULE “A” – SPORTS PARK
PAGE 1 OF 3
List each labor or supervisory position by title that will make up the Contractor’s work force needed to provide the described services. For each position, provide a sufficiently detailed explanation of the minimum qualifications for the position, including any required licenses and/or certifications, and the minimum annual hours that the Contractor proposes to commit to the performance of the described services. Then list and describe the qualifications of other pertinent staff positions that are not to be directly committed to this project, but who will be available to support, consult, perform Extra Work, and the like. Provide a description of Contractor’s systematic skills training program.
Based on experience, the City has found that the ideal work force, in addition to any supervisors or specialist positions, is a minimum of seven (7) full-time maintenance workers at the Sports Park.
POSITION TITLE MINIMUM QUALIFICATIONS
TOTAL
ANNUAL
HOURS
1. 2.
3. 4.
5. 6.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S WORK FORCE
SCHEDULE “A” – SPORTS PARK
PAGE 2 OF 3
POSITION TITLE MINIMUM QUALIFICATIONS
TOTAL
ANNUAL
HOURS
7. 8.
9. 10.
11. 12.
OTHER STAFF
SUPPORT TITLE DESCRIPTION / QUALIFICATIONS
1. 2.
3.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S WORK FORCE
SCHEDULE “A” – SPORTS PARK
PAGE 3 OF 3
OTHER STAFF
SUPPORT TITLE DESCRIPTION / QUALIFICATIONS
4. 5.
6. DESCRIPTION OF CONTRACTOR’S EMPLOYEE TRAINING PROGRAM
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S WORK FORCE
SCHEDULES “B” & “C” – PARKS & CIVIC FACILITIES
PAGE 1 OF 3
List each labor or supervisory position by title that will make up the Contractor’s work force needed to provide the described services. For each position, provide a sufficiently detailed explanation of the minimum qualifications for the position, including any required licenses and/or certifications, and the minimum annual hours that the Contractor proposes to commit to the performance of the described services. Then list and describe the qualifications of other pertinent staff positions that are not to be directly committed to this project, but who will be available to support, consult, perform Extra Work, and the like. Provide a description of Contractor’s systematic skills training program.
Based on experience, the City has found that the ideal work force, in addition to any supervisors or specialist positions, is a minimum of seven (7) full-time maintenance workers for the Parks & Civic Facilities.
POSITION TITLE MINIMUM QUALIFICATIONS
TOTAL
ANNUAL
HOURS
1. 2.
3. 4.
5. 6.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S WORK FORCE
SCHEDULES “B” & “C” – PARKS & CIVIC FACILITIES
PAGE 2 OF 3
POSITION TITLE MINIMUM QUALIFICATIONS
TOTAL
ANNUAL
HOURS
7. 8.
9. 10.
11. 12.
OTHER STAFF
SUPPORT TITLE DESCRIPTION / QUALIFICATIONS
1. 2.
3.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S WORK FORCE
SCHEDULES “B” & “C” – PARKS & CIVIC FACILITIES
PAGE 3 OF 3
OTHER STAFF
SUPPORT TITLE DESCRIPTION / QUALIFICATIONS
4. 5.
6. DESCRIPTION OF CONTRACTOR’S EMPLOYEE TRAINING PROGRAM
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S WORK FORCE
SCHEDULE “D” – SPRAYING OF SYNTHETIC WEED CONTROL
PAGE 1 OF 3
List each labor or supervisory position by title that will make up the Contractor’s work force needed to provide the described services. For each position, provide a sufficiently detailed explanation of the minimum qualifications for the position, including any required licenses and/or certifications, and the minimum annual hours that the Contractor proposes to commit to the performance of the described services. Then list and describe the qualifications of other pertinent staff positions that are not to be directly committed to this project, but who will be available to support, consult, perform Extra Work, and the like. Provide a description of Contractor’s systematic skills training program.
POSITION TITLE MINIMUM QUALIFICATIONS
TOTAL
ANNUAL
HOURS
1. 2.
3. 4.
5. 6.
7.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S WORK FORCE
SCHEDULE “D” – SPRAYING OF SYNTHETIC WEED CONTROL
PAGE 2 OF 3
POSITION TITLE MINIMUM QUALIFICATIONS
TOTAL
ANNUAL
HOURS
8. 9.
10. 11.
12. OTHER STAFF
SUPPORT TITLE DESCRIPTION / QUALIFICATIONS
1. 2.
3. 4.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S WORK FORCE
SCHEDULE “D” – SPRAYING OF SYNTHETIC WEED CONTROL
PAGE 3 OF 3
OTHER STAFF
SUPPORT TITLE DESCRIPTION / QUALIFICATIONS
5. 6.
DESCRIPTION OF CONTRACTOR’S EMPLOYEE TRAINING PROGRAM
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S EQUIPMENT
SCHEDULE “A” – SPORTS PARK
PAGE 1 OF 2
List all equipment items, having an original purchase price of at least $1,000, that the Contractor will use to provide the described services. For each equipment item, provide the quantity to be used, the total minimum annual hours that the Contractor proposes to commit to the performance of the described services (the aggregate of the hours for equipment of the same description) and the hourly rental rate when used in the performance of Extra Work. Equipment should be listed regardless of whether the Contractor owns the equipment; intends to purchase, lease, or rent the equipment; or will subcontract the services requiring said equipment.
EQUIPMENT ITEM DESCRIPTION QUANTITY
TOTAL
ANNUAL
HOURS
HOURLY
RENTAL
RATE
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S EQUIPMENT
SCHEDULE “A” – SPORTS PARK
PAGE 2 OF 2
EQUIPMENT ITEM DESCRIPTION QUANTITY
TOTAL
ANNUAL
HOURS
HOURLY
RENTAL
RATE
13. 14.
15. 16.
17. 18.
19. 20.
21. 22.
23. 24.
25. 26.
27.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S EQUIPMENT
SCHEDULES “B” & “C” – PARKS & CIVIC FACILITIES
PAGE 1 OF 2
List all equipment items, having an original purchase price of at least $1,000, that the Contractor will use to provide the described services. For each equipment item, provide the quantity to be used, the total minimum annual hours that the Contractor proposes to commit to the performance of the described services (the aggregate of the hours for equipment of the same description) and the hourly rental rate when used in the performance of Extra Work. Equipment should be listed regardless of whether the Contractor owns the equipment; intends to purchase, lease, or rent the equipment; or will subcontract the services requiring said equipment.
EQUIPMENT ITEM DESCRIPTION QUANTITY
TOTAL
ANNUAL
HOURS
HOURLY
RENTAL
RATE
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S EQUIPMENT
SCHEDULES “B” & “C” – PARKS & CIVIC FACILITIES
PAGE 2 OF 2
EQUIPMENT ITEM DESCRIPTION QUANTITY
TOTAL
ANNUAL
HOURS
HOURLY
RENTAL
RATE
13. 14.
15. 16.
17. 18.
19. 20.
21. 22.
23. 24.
25. 26.
27.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S EQUIPMENT
SCHEDULE “D” – SPRAYING OF SYNTHETIC WEED CONTROL
PAGE 1 OF 2
List all equipment items, having an original purchase price of at least $1,000, that the Contractor will use to provide the described services. For each equipment item, provide the quantity to be used, the total minimum annual hours that the Contractor proposes to commit to the performance of the described services (the aggregate of the hours for equipment of the same description) and the hourly rental rate when used in the performance of Extra Work. Equipment should be listed regardless of whether the Contractor owns the equipment; intends to purchase, lease, or rent the equipment; or will subcontract the services requiring said equipment.
EQUIPMENT ITEM DESCRIPTION QUANTITY
TOTAL
ANNUAL
HOURS
HOURLY
RENTAL
RATE
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S EQUIPMENT
SCHEDULE “D” – SPRAYING OF SYNTHETIC WEED CONTROL
PAGE 2 OF 2
EQUIPMENT ITEM DESCRIPTION QUANTITY
TOTAL
ANNUAL
HOURS
HOURLY
RENTAL
RATE
13. 14.
15. 16.
17. 18.
19. 20.
21. 22.
23. 24.
25. 26.
27.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S ESTIMATE OF MATERIALS AND SUPPLIES
SCHEDULE “A” – SPORTS PARK
PAGE 1 OF 2
List all material and supply items, having an aggregate value in excess of $500, that the Contractor will use to provide the described services. For each item, provide the quantity to be used annually and the total estimated annual cost of the material or supply item that the Contractor proposes to commit to the performance of the described services.
MATERIAL OR SUPPLY ITEM
DESCRIPTION
ANNUAL
QUANTITY ANNUAL COST
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13. 14.
15.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S ESTIMATE OF MATERIALS AND SUPPLIES
SCHEDULE “A” – SPORTS PARK
PAGE 2 OF 2
MATERIAL OR SUPPLY ITEM
DESCRIPTION
ANNUAL
QUANTITY ANNUAL COST
16. 17.
18. 19.
20. 21.
22. 23.
24. 25.
26. 27.
28. 29.
30. 31.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S ESTIMATE OF MATERIALS AND SUPPLIES
SCHEDULES “B” & “C” – PARKS & CIVIC FACILITIES
PAGE 1 OF 2
List all material and supply items, having an aggregate value in excess of $500, that the Contractor will use to provide the described services. For each item, provide the quantity to be used annually and the total estimated annual cost of the material or supply item that the Contractor proposes to commit to the performance of the described services.
MATERIAL OR SUPPLY ITEM
DESCRIPTION
ANNUAL
QUANTITY ANNUAL COST
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13. 14.
15.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S ESTIMATE OF MATERIALS AND SUPPLIES
SCHEDULES “B” & “C” – PARKS & CIVIC FACILITIES
PAGE 2 OF 2
MATERIAL OR SUPPLY ITEM
DESCRIPTION
ANNUAL
QUANTITY ANNUAL COST
16. 17.
18. 19.
20. 21.
22. 23.
24. 25.
26. 27.
28. 29.
30. 31.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S ESTIMATE OF MATERIALS AND SUPPLIES
SCHEDULE “D” – SPRAYING OF SYNTHETIC WEED CONTROL
PAGE 1 OF 2
List all material and supply items, having an aggregate value in excess of $500, that the Contractor will use to provide the described services. For each item, provide the quantity to be used annually and the total estimated annual cost of the material or supply item that the Contractor proposes to commit to the performance of the described services.
MATERIAL OR SUPPLY ITEM
DESCRIPTION
ANNUAL
QUANTITY ANNUAL COST
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13. 14.
15.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
CONTRACTOR’S ESTIMATE OF MATERIALS AND SUPPLIES
SCHEDULE “D” – SPRAYING OF SYNTHETIC WEED CONTROL
PAGE 2 OF 2
MATERIAL OR SUPPLY ITEM
DESCRIPTION
ANNUAL
QUANTITY ANNUAL COST
16. 17.
18. 19.
20. 21.
22. 23.
24. 25.
26. 27.
28. 29.
30. 31.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
ADDITIONAL TURF RENOVATION BREAKDOWN
FOR HIGH-IMPACT SPECIAL EVENTS
SCHEDULE “E”
PAGE 1 OF 4
Breakdown the cost of additional turf renovation services to repair damage caused by highimpact special events. The number and types of events will vary from year to year, and the turf renovation services needed will vary based on the actual damage caused by an event.
There is no guarantee that additional work will be awarded to the Contractor. The Contractor is advised that the unit prices provided for additional turf renovation services may enter into the determination of the contract award. The unit prices quoted by the Contractor shall be the unit prices used, regardless of the total number of units and/or amount of labor required, in the event that the Director of Public Works or his/her authorized representative awards additional work.
Staffing Note: A separate crew from the full-time maintenance workers assigned to the Sports Park, and Parks & Civic Facilities shall perform the additional turf renovation.
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
ADDITIONAL TURF RENOVATION BREAKDOWN
FOR HIGH-IMPACT SPECIAL EVENTS
SCHEDULE “E”
PAGE 2 OF 4
ADDITIONAL TURF RENOVATION ON SPORTS PARK – FIELD A
(Approx. 1.5 Acres / 65,340 sq. ft.)
Cost Proposal Includes: Materials, Equipment, Additional Labor, and Supervision Bermuda Sod 1” Cut – not to exceed 6,000 sq. ft. to repair bare areas • Using Bermuda Tifway 419 1” cut in big rolls
• Field will be ready for use in 1-2 weeks
• Any additional sod @ $_________ per sq. ft.
• City will provide dumpsters
• Any order below 6,000 sq. ft. will be between $_________ to $ _________ per sq. ft.
• Large equipment is needed to install big rolls and additional fees apply for freight deliveries.
$
Turf Aeration (1.5 Acres) – using solid tines to help with compacted soil $ Turf Fertilization (1.5 Acres) – with 6-20-20XB with micronutrients for new seed $ Turf Fertilization (1.5 Acres) – with 15-15-15 for stronger root system $ Turf Fertilization (1.5 Acres) – with pelletized gypsum, 20 lbs. per 1,000 sq. ft. • Gypsym (calcium sulfate) can help break up compacted soil $
Inter-Seeding (65,340 sq. ft.) – with Grand Slam Saline or FS, 7 lbs. per 1,000 sq. ft. $
Topdress (65,340 sq. ft.) – with 80/20 (sand/organics), 50 tons • Help level uneven areas and cover new seed $
PVC Vinyl Orange Safety Fence 48” – install approx.1,136 linear feet $ $
$
$
$
TOTAL (Line Item E-1 on Cost Sheet) $
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
ADDITIONAL TURF RENOVATION BREAKDOWN
FOR HIGH-IMPACT SPECIAL EVENTS
SCHEDULE “E”
PAGE 3 OF 4
ADDITIONAL TURF RENOVATION ON SPORTS PARK – FIELDS B & C (Approx. 3.0 Acres / 130,680 sq. ft.)
Cost Proposal Includes: Materials, Equipment, Additional Labor, and Supervision Bermuda Sod 1” Cut – not to exceed 12,000 sq. ft. to repair bare areas • Using Bermuda Tifway 419 1” cut in big rolls
• Field will be ready for use in 1-2 weeks
• Any additional sod @ $_________ per sq. ft.
• City will provide dumpsters
• Any order below 12,000 sq. ft. will be between $________ to $_________ per sq. ft.
• Large equipment is needed to install big rolls and additional fees apply for freight deliveries.
$
Turf Aeration (3 Acres) – using solid tines to help with compacted soil $ Turf Fertilization (3 Acres) – with 6-20-20XB with micronutrients for new seed $ Turf Fertilization (3 Acres) – with 15-15-15 for stronger root system $ Turf Fertilization (3 Acres) – with pelletized gypsum, 20 lbs. per 1,000 sq. ft. • Gypsym (calcium sulfate) can help break up compacted soil $
Inter-Seeding (130,680 sq. ft.) – with Grand Slam Saline or FS, 7 lbs. per 1,000 sq. ft. $
Topdress (130,680 sq. ft.) – with 80/20 (sand/organics), 104 tons • Help level uneven areas and cover new seed $
PVC Vinyl Orange Safety Fence 48” – install approx. 2,272 linear feet $ $
$
$
$
TOTAL (Line Item E-2 on Cost Sheet) $
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
ADDITIONAL TURF RENOVATION BREAKDOWN
FOR HIGH-IMPACT SPECIAL EVENTS
SCHEDULE “E”
PAGE 4 OF 4
ADDITIONAL TURF RENOVATION ON SPORTS PARK – FIELD D & GREAT LAWN (Approx. 2.9 Acres / 126,324 sq. ft.)
Cost Proposal Includes: Materials, Equipment, Additional Labor, and Supervision Bermuda Sod 1” Cut – not to exceed 12,000 sq. ft. to repair bare areas • Using Bermuda Tifway 419 1” cut in big rolls
• Field will be ready for use in 1-2 weeks
• Any additional sod @ $_________ per sq. ft.
• City will provide dumpsters
• Any order below 12,000 sq. ft. will be between $________ to $_________ per sq. ft.
• Large equipment is needed to install big rolls and additional fees apply for freight deliveries.
$
Turf Aeration (2.9 Acres) – using solid tines to help with compacted soil $ Turf Fertilization (2.9 Acres) – with 6-20-20XB with micronutrients for new seed $ Turf Fertilization (2.9 Acres) – with 15-15-15 for stronger root system $ Turf Fertilization (2.9 Acres) – with pelletized gypsum, 20 lbs. per 1,000 sq. ft. • Gypsym (calcium sulfate) can help break up compacted soil $
Inter-Seeding (126,324 sq. ft.) – with Grand Slam Saline or FS, 7 lbs. per 1,000 sq. ft. $
Topdress (126,324 sq. ft.) – with 80/20 (sand/organics), 100 tons • Help level uneven areas and cover new seed $
PVC Vinyl Orange Safety Fence 48” – install approx. 2,250 linear feet $ $
$
$
$
TOTAL (Line Item E-3 on Cost Sheet) $
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
TECHNICAL ABILITY AND EXPERIENCE
PAGE 1 OF 1
The Contractor is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience, skill, and business standing. The Contractor is required to provide a minimum of three (3) references where work was performed within the past five (5) years of a similar size, scope, and contract amount to this contract. By submitting references, the Contractor grants the City permission to contact all references provided.
Date
Contract
Completed
Name and Address
of the Employer
Contact Person
Name and
Telephone
Number
Description of
Work
Contract
Amount
RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Forms Packet
UNSPECIFIED VALUE-ADDED OFFERINGS
PAGE 1 OF 1
List items or services the Contractor is offering in addition to those required by the attached specifications or scope of work, offered as part of your proposal and included in your pricing, if any. For example, offering personnel and equipment to display at special City events for the public, donating labor and/or landscaping materials for community events or projects, or decorating trees for holiday events. If none, please state “NONE.”
ITEM OR SERVICE DESCRIPTION
1. 2.
3. 4.
5. 6.
7. 8.
9.
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 17, 2025
Members of the City Council
SUBJECT: Approval of the FY 2025/26 Statement of Investment Policy Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City ☒ Not applicable
EXECUTIVE SUMMARY:
The Investment Policy provides the guidelines for prudent investment of the City’s idle or reserve cash and outlines the policies essential to ensuring the safety and financial strength of the City’s investment portfolio. Pursuant to its own terms, the City’s Investment Policy is reviewed on an annual basis for submission and approval by the City Council. Upon review by the City Treasurer and the City’s investment advisors, Chandler Asset Management, updates have been incorporated into the document.
Attached for your consideration is the investment policy for the fiscal year 2025/26.
DISCUSSION:
The City’s Investment Policy guides the investment of over $100 million in pooled cash and investments. The California Government Code sets specific rules for how public agencies can invest their idle cash and limits the types of investment vehicles public agencies can utilize. The City’s Investment Policy further limits investment choices to a smaller subset of what is allowed by the Government Code. The City’s overriding objectives of the investment program are to preserve principal, provide sufficient liquidity, and manage investment risks, while seeking a market-rate of return. Although the generation of revenues through interest earnings on investments is an appropriate City goal, the primary consideration in the investment of City funds is capital preservation in the overall portfolio. As such, the City’s yield objective is to achieve a reasonable rate of return on City investments rather than the maximum generation of income, which could expose the City to unacceptable levels of risk.
On June 18, 2024, the City Council approved the FY 2024/25 Statement of Investment Policy
Approval of the FY 2025/26 Statement of Investment Policy June 17, 2025
which follows best practices recommended by the California Debt and Investment Advisory Commission (CDIAC), California Municipal Treasurers Association (CMTA) and the Government Finance Officers Association (GFOA) with stated objectives of the policy as safety, liquidity and return. It also affirmed the market benchmark, the Intercontinental Exchange (ICE) Bank of America Merrill Lynch (BAML) 1-5 Year U.S. Treasury/ Agency Index which remains the same for FY 2024/25.
Consistent with best practices, the Investment Policy (Attachment 1) is reviewed each year and presented to the City Council for adoption. The recommended changes are included in the policy as redline edits, with comments for each change providing further clarification:
Updated policy to reflect the latest changes to California Government Code o Updated the Placement Deposit Services to reflect California now permits many entities other than CDARs to provide this service. (AB 945, 2019) o Updated to reflect the extension until Jan 1, 2031 of the provision for a maximum 50% allocation to placement service deposits. Alongside of this code change, updated the glossary and financial institutions to reflect the market changes associated with this product. (AB 2618, 2025)
Incorporated changes to reflect industry best practices o Expanded the list of financial institutions with whom the City may engage services o Clarified minimum credit ratings are applied at time of purchase o Updated “portfolio” to “total portfolio” to reflect compliance is assessed across the entire client relationship [New CDIAC LAIG FAQ 2024]
o Updated the glossary to remove terms not used and to add terms that show up as FAQs
FISCAL REVIEW:
Consistent with State law, the City’s primary objective is to invest in a manner aimed to safeguard principal and maintain liquidity where the secondary objective is to achieve a market rate of return. Investment performance is evaluated by comparing the City’s pooled investment portfolio’s total rate of return to a market benchmark that closely resembles the City’s investment policy constraints in terms of duration, security types and credit quality. As reflected in the table below, although the City’s “total rate of return” was negative for a couple of years following the pandemic, it has performed better than the selected benchmark, Intercontinental Exchange (ICE) Bank of America Merrill Lynch (BAML) 1-5 Year U.S.
Treasury/ Agency Index.
Total Rate of Return
(as of May 31, 2025)
1 Year 5 Year Since Inception
(2015)
City of Fountain Valley 6.22% 1.23% 1.75%
ICE BAML 1-5 Year U.S. Treasury/ Agency Index 6.02% 0.79% 1.44%
Approval of the FY 2025/26 Statement of Investment Policy June 17, 2025
The City’s investment advisors, Chandler Asset Management, will present an update of the City’s investment portfolio at the June 17th City Council meeting. Attachment 2 provides an update of the City’s portfolio as of May 31st, 2025.
There is no fiscal impact related to this item.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney(s) for the City has review the attached Statement of Investment Policy.
ALTERNATIVES:
Alternative No. 1: Approve the FY 2025/26 Statement of Investment Policy as presented.
Alternative No. 2: Do not approve as presented and provide direction to staff.
RECOMMENDATION:
Staff is requesting City Council approval of Alternative No. 1 to approve the FY 2025/26 Statement of Investment Policy as presented.
Prepared by: Ryan Smith, Finance Director/City Treasurer Reviewed by: Colin Burns, Attorney for the City
Approved by: Maggie Le, City Manager
Attachments:
1. FY 2025/26 Statement of Investment Policy (Redline)
2. Chandler Asset Management – Portfolio Update
20242025-
20252026
City of Fountain Valley
STATEMENT OF
INVESTMENT POLICY
CITY OF FOUNTAIN VALLEY
INVESTMENT POLICY
CONTENTS
I. INTRODUCTION ..................................................................................................... 1 II. SCOPE .................................................................................................................. 1 III. PRUDENCE ............................................................................................................ 2 IV. OBJECTIVES .......................................................................................................... 2 V. DELEGATION OF AUTHORITY .................................................................................. 3 VI. ETHICS AND CONFLICTS OF INTEREST....................................................................... 3 VII. INTERNAL CONTROLS ............................................................................................ 4 VIII. AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS ........... 4 IX. AUTHORIZED INVESTMENTS .................................................................................... 5 X. PROHIBITED INVESTMENT VEHICLES AND PRACTICES ............................................... 10 XI. INVESTMENT POOLS/MUTUAL FUNDS .................................................................... 10 XII. COLLATERALIZATION ...................................................................................... 1110 XIII. DELIVERY, SAFEKEEPING AND CUSTODY ................................................................ 11 XIV. MAXIMUM MATURITY ..................................................................................... 1211 XV. RISK MANAGEMENT AND DIVERSIFICATION ............................................................ 12 XVI. REVIEW OF INVESTMENT PORTFOLIO...................................................................... 13 XVII. PERFORMANCE EVALUATION ................................................................................ 13 XVIII. REPORTING ..................................................................................................... 1413 XIX. REVIEW OF INVESTMENT POLICY ........................................................................... 14 GLOSSARY OF INVESTMENT TERMS ................................................................................. 1514
City of Fountain Valley 20242025-25 26 Investment Policy 1 I. INTRODUCTION
The purpose of this investment policy is to identify various policies and procedures that will foster a prudent and systematic investment program designed to seek the City of Fountain Valley’s objectives of safety, liquidity and return on investment through a diversified investment portfolio. This policy also serves to organize and formalize the City’s investment-related activities, while complying with all applicable statutes governing the investment of public funds. This policy shall have four primary goals:
• To assure compliance with federal, state, and local laws governing the investment of public monies under the control of the City Treasurer. • To provide sufficient liquidity to meet normal operating and unexpected expenditures.
• To protect the principal monies entrusted to the City. • To generate the maximum amount of investment income within the parameters of prudent risk management as defined in this Investment Policy.
This policy is written to incorporate industry best practices and recommendations from sources such as the Government Finance Officers Association (GFOA), California Municipal Treasurers Association (CMTA), California Debt and Investment Advisory Commission (CDIAC) and the Association of Public Treasurers (APT).
II. SCOPE
This policy covers all funds and investment activities under the direct authority of the City, as set forth in the State Government Code, Sections 53600 et seq., with the following exceptions:
• Proceeds of debt, which are governed by the investment provisions of their specific bond indentures.
• Pension and Other Post-Employment Benefit (OPEB) Trust Funds, which are invested in accordance with the provisions of the Trust Agreements. • Any other funds specifically exempted by the City Council.
POOLING OF FUNDS
Except for cash in certain restricted and special funds, the City will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles.
City of Fountain Valley 20242025-25 26 Investment Policy 2 III. PRUDENCE
Pursuant to California Government Code, Section 53600.3, all persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the Prudent Investor Standard:
“…all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the Agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the Agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.”
The Treasurer and other authorized persons responsible for managing City funds acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes provided that the Treasurer or other authorized persons acted in good faith. Deviations from expectations of a security’s credit or market risk should be reported to the governing body in a timely fashion and appropriate action should be taken to control adverse developments.
IV. OBJECTIVES
The City’s overall investment program shall be designed and managed with a degree of professionalism worthy of the public trust. The overriding objectives of the program are to preserve principal, provide sufficient liquidity, and manage investment risks, while seeking a market-rate of return.
• SAFETY. Safety of principal is the foremost objective of the investment program.
Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City will diversify its investments by investing funds among a variety of securities with independent returns. • LIQUIDITY. The investment portfolio will remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. • RETURN ON INVESTMENTS. The investment portfolio will be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints for safety and liquidity needs.
City of Fountain Valley 20242025-25 26 Investment Policy 3 V. DELEGATION OF AUTHORITY
Authority to manage the City’s investment program is derived from California Government Code, Sections 41006 and 53600 et seq.
The City Council is responsible for the management of the City’s funds, including the administration of this investment policy. Management responsibility for the cash management of the City’s funds is hereby delegated to the Treasurer.
The Treasurer will be responsible for all transactions undertaken and will establish a system of procedures and controls to regulate the activities of subordinate officials and employees.
Such procedures will include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer.
The City may engage the services of one or more external investment advisers, who are registered under the Investment Advisers Act of 1940, to assist in the management of the City’s investment portfolio in a manner consistent with the City’s objectives. External investment advisers may be granted discretion to purchase and sell investment securities in accordance with this investment policy.
If the City Treasurer is unavailable, then the Finance Manager, Deputy City Manager, or the City Manager shall authorize the investment transactions, in writing, prior to execution.
The City's overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that in a diversified portfolio, occasional measured losses may be inevitable and must be considered within the context of the overall portfolio’s return and the cash flow requirements of the City.
VI. ETHICS AND CONFLICTS OF INTEREST
All participants in the investment process shall act as custodians of the public trust.
Investment officials shall recognize that the investment portfolio is subject to public review and evaluation. Thus employees and officials involved in the investment process shall refrain from personal business activity that could create a conflict of interest or the appearance of a conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.
Employees and investment officials shall disclose to the City Manager any material interests in financial institutions with which they conduct business, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall not undertake any personal investment transactions with the same individual with whom business is conducted on behalf of the Agency.
City of Fountain Valley 20242025-25 26 Investment Policy 4 VII. INTERNAL CONTROLS
The Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. Internal controls shall include but are not limited to: dual authorization of transactions, timely bank reconciliations and custodial safekeeping (investment securities are held by an independent financial institution and are recorded in the City’s name). Annually, an independent auditing firm shall review internal controls in conjunction with the audit of the City’s financial statements.
VIII. AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS To the extent practicable, the Treasurer shall endeavor to complete investment transactions using a competitive bid process whenever possible. The City’s Treasurer will determine which financial institutions are authorized to provide investment services to the City. It shall be the City’s policy to purchase securities only from authorized institutions and firms.
The Treasurer shall maintain procedures for establishing a list of authorized broker/dealers and financial institutions which are approved for investment purposes that are selected through a process of due diligence as determined by the City. Due inquiry shall determine whether such authorized broker/dealers, and the individuals covering the City are reputable and trustworthy, knowledgeable and experienced in Public Agency investing and able to meet all of their financial obligations. These institutions may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15c3- 1 (uniform net capital rule).
In accordance with Section 53601.5, institutions eligible to transact investment business with the City include:
• Institutions licensed by the state as a broker-dealer, as defined in Section 25004 of the Corporations Code, with proof of FINRA certification.
• Primary government dealers as designated by the Federal Reserve Bank and nonprimary government dealers. • Nationally or state-chartered banks.
• Savings association or federal association (as defined in Section 5102 of the Financial Code).
• The Federal Reserve Bank.
• Direct issuers of securities eligible for purchase.
Selection of financial institutions and broker/dealers authorized to engage in transactions will be at the sole discretion of the City, except where the City utilizes an external investment adviser in which case the Agency may rely on the adviser for selection.
All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing only with the investment adviser) must supply the Treasurer with audited financials and a statement certifying that the institution has Commented [AS1]: CMTA Best Practice is to include proof of FINRA certification
City of Fountain Valley 20242025-25 26 Investment Policy 5 reviewed the California Government Code, Section 53600 et seq. and the City’s investment policy. The Treasurer will conduct an annual review of the financial condition and registrations of such qualified bidders.
Public deposits will be made only in qualified public depositories as established by State law. Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law.
Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the adviser. Where possible, transactions with broker/dealers shall be selected on a competitive basis and their bid or offering prices shall be recorded.
If there is no other readily available competitive offering, best efforts will be made to document quotations for comparable or alternative securities. When purchasing original issue instrumentality securities, no competitive offerings will be required as all dealers in the selling group offer those securities at the same original issue price.
IX. AUTHORIZED INVESTMENTS
The City’s investments are governed by California Government Code, Sections 53600 et seq. Within the investments permitted by the Code, the City seeks to further restrict eligible investments to the guidelines listed below. In the event a discrepancy is found between this policy and the Code, the more restrictive parameters will take precedence. Percentage holding limits and minimum credit requirements listed in this section apply at the time the security is purchased.
Any investment currently held at the time the policy is adopted which does not meet the new policy guidelines can be held until maturity, and shall be exempt from the current policy. At the time of the investment’s maturity or liquidation, such funds shall be reinvested only as provided in the current policy.
An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified by security type and institution issuer to avoid incurring unreasonable and avoidable risks regarding specific security types or individual issuers.
1. MUNICIPAL SECURITIES include obligations of the City, the State of California and any local agency within the State of California, provided that:
• The securities are rated in a rating category of “A” or its equivalent or better by at least one nationally recognized statistical rating organization (“NRSRO”). • No more than 5% of the total portfolio may be invested in any single issuer. • No more than 30% of the total portfolio may be in Municipal Securities. • The maximum maturity does not exceed five (5) years.
Commented [AS2]: Clarification for best practice related to downgrades.
Commented [AS3]: Edited for consistent language.
Commented [AS4]: CDIAC Best Practice reflecting
compliance is reviewed on a holistic basis, rather than account-by-account.
City of Fountain Valley 20242025-25 26 Investment Policy 6 2. MUNICIPAL SECURITIES (REGISTERED TREASURY NOTES OR BONDS) of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
• The securities are rated in a rating category of “A” or its equivalent or better by at least one nationally recognized statistical rating organization (“NRSRO”). • No more than 5% of the total portfolio may be invested in any single issuer. • No more than 30% of the total portfolio may be in Municipal Securities. • The maximum maturity does not exceed five (5) years.
3. U.S. TREASURIES and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. There are no limits on the dollar amount or percentage that the City may invest in U.S. Treasuries, provided that:
• The maximum maturity does not exceedis five (5) years.
4. FEDERAL AGENCIES or United States Government-Sponsored Enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in Federal Agency or Government-Sponsored Enterprises (GSEs), provided that:
• No more than 25% of the total portfolio may be invested in any single Agency/GSE issuer.
• The maximum maturity does not exceed five (5) years.
• The maximum percent of agency callable securities in the total portfolio will be 20%.
5. BANKER’S ACCEPTANCES, provided that:
• They are issued by institutions which have short-term debt obligations rated “A-1” or its equivalent or better by at least one NRSRO; or long-term debt obligations which are rated in a rating category of “A” or its equivalent or better by at least one NRSRO.
• No more than 40% of the total portfolio may be invested in Banker’s Acceptances. • No more than 5% of the total portfolio may be invested in any single issuer. • The maximum maturity does not exceed 180 days.
6. COMMERCIAL PAPER, provided that:
• The issuer is a corporation organized and operating in the United States with assets in excess of $500 million.
• The securities are rated “A-1” or its equivalent or better by at least one NRSRO.
City of Fountain Valley 20242025-25 26 Investment Policy 7 • They are issued by corporations which have long-term obligations rated in a rating category of “A” or its equivalent or better by at least one NRSRO. • City may purchase no more than 10% of the outstanding commercial paper of any single issuer.
• No more than 25% of the total portfolio may be invested in Commercial Paper.
Under a provision sun setting on January 1, 2026, no more than 40% of the portfolio may be invested in Commercial Paper if the Agency’s investment assets under management are greater than $100,000,000.
• No more than 5% of the total portfolio may be invested in any single issuer. • The maximum maturity does not exceed 270 days.
7. NEGOTIABLE CERTIFICATES OF DEPOSIT (NCDS), issued by a nationally or statechartered bank, a savings association or a federal association, a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank, provided that:
• The amount of the NCD insured up to the FDIC limit does not require any credit ratings.
• Any amount above the FDIC insured limit must be issued by institutions which have short-term debt obligations rated “A-1” or its equivalent or better by at least one NRSRO; or long-term obligations rated in a rating category of “A” or its equivalent or better by at least one NRSRO.
• No more than 30% of the total portfolio may be invested in NCDs (combined with CDARS).
• No more than 5% of the total portfolio may be invested in any single issuer. • The maximum maturity does not exceed five (5) years.
8. FEDERALLY INSURED TIME DEPOSITS (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that:
• The amount per institution is limited to the maximum covered under federal insurance.
• No more than 20% of the total portfolio will be invested in a combination of federally insured and collateralized time deposits.
• The maximum maturity does not exceed five (5) years.
9. COLLATERALIZED TIME DEPOSITS (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions in excess of insured amounts which are fully collateralized with securities in accordance with California law, provided that:
• No more than 20% of the total portfolio will be invested in a combination of federally insured and collateralized time deposits.
• The maximum maturity does not exceed five (5) years.
10. PLACEMENT SERVICE DEPOSITSCERTIFICATE OF DEPOSIT PLACEMENT SERVICE (CDARS), provided that:
Commented [AS5]: California now permits multiple
placement services beyond CDARS (which the company has
been renamed Intrafi). Section has been updated to reflect broader opportunity set.
City of Fountain Valley 20242025-25 26 Investment Policy 8 • No more than 30% of the total portfolio may be invested in a combination of Certificates of Depositqualifying placement service deposits, including CDARS. • The full amount of each deposit along with accrued interest must at all times be insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA).
• Under a provision sunsetting on January 1, 2031, no more than 50% of the total portfolio may be invested in deposits through a placement service, including Certificates of Deposit, if the Agency is a city, district or local agency that does not pool money with other local agencies.
• The maximum maturity does not exceed five (5) years.
11. COLLATERALIZED BANK DEPOSITS. City’s deposits with financial institutions will be collateralized with pledged securities per California Government Code, Section 53651.
There are no limits on the dollar amount or percentage that the City may invest in collateralized bank deposits, provided that:
• The maximum maturity does not exceed five (5) years.
12. REPURCHASE AGREEMENTS collateralized with securities authorized under California Government Code, maintained at a level of at least 102% of the market value of the Repurchase Agreement. There are no limits on the dollar amount or percentage that the City may invest, provided that:
• Securities used as collateral for Repurchase Agreements will be delivered to an acceptable third party custodian.
• Repurchase Agreements are subject to a Master Repurchase Agreement between the City and the provider of the repurchase agreement. The Master Repurchase Agreement will be substantially in the form developed by the Securities Industry and Financial Markets Association (SIFMA).
• The maximum maturity does not exceed one (1) year.
13. STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND (LAIF), provided that:
• The City may invest up to the maximum amount permitted by LAIF. • LAIF’s investments in instruments prohibited by or not specified in the City’s policy do not exclude the investment in LAIF itself from the City’s list of allowable investments, provided LAIF’s reports allow the Treasurer to adequately judge the risk inherent in LAIF’s portfolio.
14. CORPORATE MEDIUM TERM NOTES (MTNS), provided that:
• The issuer is a corporation organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States.
Commented [AS6]: Assembly Bill 2618 (effective
01/01/2025), extended the provision to 2031 from 2026.
Commented [AS7]: Assembly Bill 945 (2019)