Cities Index.
Agenda

Fountain Valley City Council
June 17, 2025

Document
Agenda
Meeting
June 17, 2025
Body
Fountain Valley City Council
Pages
722
Original file
74.3 MB
Text extracted from the city's file for reading and search. Open the original on www.fountainvalley.gov. That file is the official record.

AMENDED AGENDA

CITY COUNCIL/ SUCCESSOR

AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/

FOUNTAIN VALLEY HOUSING AUTHORITY
Closed Session 4:30 p.m.

Study Session 5:00 p.m.

Regular Meeting 6:00 p.m.

Tuesday, June 17, 2025
Council Chambers
10200 Slater Avenue
Fountain Valley, CA 92708
http://www.fountainvalley.org
MEETING ASSISTANCE: In compliance with the Americans with Disabilities Act, anyone needing special assistance to participate in a meeting of the government bodies listed herein should contact the City Clerk’s Office at (714) 593-4445. Notification 72 hours prior to the meeting allows the City to make reasonable arrangements to ensure accessibility to the meeting.

AGENDA COMMUNICATIONS: All revised or additional documents and writings related to an item on this agenda provided to all or a majority of the government body members after distribution of the agenda packet, are available for public inspection (1) in the City Clerk’s Office at 10200 Slater Avenue, Fountain Valley, CA 92708 during normal business hours; and (2) in the Council Chambers at the time of the meeting. Unless directed otherwise by a government body listed herein all actions shall be based on/memorialized by the latest document submitted as a late communication.

PUBLIC COMMENTS/PUBLIC HEARINGS: Persons wishing to address t h e City Council o r other government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor. Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda.

CONSENT CALENDAR: All matters listed under the Consent Calendar are considered by the governing bodies listed herein to be routine and will be enacted on simultaneously with one motion without discussion unless separate action and/or discussion is requested by a governing body member, staff, or a member of the public.

PUBLIC HEARINGS: Persons wishing to speak in favor of or in opposition to a proposal are given an opportunity to do so during the public hearing. Those wishing to address a governing body during the hearing are requested to complete the speaker card and submit it to the City Clerk prior to the hearing. If a proposed action is challenged in court, there may be a limitation to
raising only those issues raised during the hearing or in written correspondence received by the governing body at or before the hearing.

Note: The Fountain Valley City Council serves as the Successor Agency to the Fountain Valley Agency for Community Development (Successor Agency), the Fountain Valley Housing Authority, and the Fountain Valley Finance Authority. The Actions of the Successor Agency are separate and apart from the actions of the City Council.

ZOOM LINK INFORMATION
• Participants that choose to watch the City Council meeting through zoom are automatically placed in the waiting room and will only be allowed into the Zoom meeting if they request to make a public comment. In order to make a public comment, you will indicate through the chat feature which item you would like to speak on, and click on the “raise hand” icon to let the administrator know you wish to speak.
• All participants are muted unless you are requesting to speak, at which time you will be allowed to unmute and make you comment.
• All public comments are allowed up to 3 minutes to speak.

Topic: City Council Meeting
Time: Jun 17, 2025 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting
https://us02web.zoom.us/j/85151075391?pwd=bhrf3XabuaeSX4l1K9by5BgvtfzShi.1 Meeting ID: 851 5107 5391
Passcode: 883147

CLOSED SESSION
CALL TO ORDER 4:30 p.m.

PUBLIC COMMENTS (Closed Session matters only)
Persons wishing to speak on a Closed Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period.

1. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: People v. Bernal

STUDY SESSION
CALL TO ORDER 5:00 p.m.

PUBLIC COMMENTS (Study Session matters only)
Persons wishing to speak on a Study Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period.

1. You Are Not Alone Program – Presentation by Sergeant Robert Cortes

2. Discussion Regarding Fire Department Ambulance Program – Presentation by Battalion Chief Tim Saiki

OPEN SESSION
CALL TO ORDER 6:00 p.m.

INVOCATION John Borack
SALUTE TO THE FLAG Council Member Kim Constantine

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Constantine, Grandis, Harper, Vice Mayor / Vice Chair Cunneen, Mayor/Chair Bui

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS

CITY MANAGER / MAYOR UPDATE

PRESENTATIONS
• Central Cities Navigation Center (CCNC) 1 Year Update – Presentation by Daniel Torres from Volunteers of America of Los Angeles, Central Cities Navigation Center

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
The Unscheduled Matters Public Comments portion will last 15 Minutes at the beginning of the meeting. Any requests to speak on unscheduled matters after the initial 15 minutes, will be heard at the end of the meeting, unless the Mayor approves an extension of this time. If an individual speaks during the First unscheduled matters time period, they do not get to speak at the end of the meeting as well. Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.

PUBLIC COMMENTS (Scheduled Matters Only)
Persons wishing to speak on Agenda item(s) are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. Each person will be given up to 3 minutes to speak on the entire Consent Calendar, 3 minutes to speak on each item pulled from the consent calendar, and 3 minutes to speak on any agendized item(s) not appearing on the Consent Calendar.

CONSENT CALENDAR
Consent Calendar Items 1 – 4 will be approved simultaneously with one motion unless separate action/or discussion is requested.

1. Receive and File the Draft Minutes of the June 3, 2025 Regular City Council Meeting Page 6

2. City of Fountain Valley Six Month Strategic Objectives Update for March 27, 2025 through September 23, 2025 Page 16
Recommended Action: Receive and File the updated strategic objectives matrix for March 27, 2025 through September 23, 2025

3. Approve the Register of Demands for the period of 5/23/2025 to 6/5/2025 Page 22 Recommended Action: Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 5/23/2025 and 6/5/2025 for a total of $1,313,782.40.

4. Release of Subdivision Improvements Securities – Tract No. 19069 Adopt A Resolution of the City Council of the City of Fountain Valley Authorizing the Release of Improvement Securities for Tract 19069. Page 34
Recommended Action: Staff is requesting City Council’s approval of Alternative No. 1 to Adopt A Resolution Of the City Council of the City of Fountain Valley Authorizing the Release of Improvement Securities for Tract 19069.

ADMINISTRATIVE ITEMS

5. 6.

Extend Contract #22-40 with All City Management Services to perform crossing guard services beginning with School Year 2025-2026 and concluding with School Year 2026- 2027, with the option to extend the contract for one additional two-year term. – Presentation by Lieutenant Jarrod Frahm Page 50
Recommended Action: Staff is requesting City Council approve Alternative No. 1 to extend contract #22-40 with All City Management Services to perform crossing guard services beginning with School Year 2025-2026 and concluding with School Year 2026- 2027, with the option to extend the contract for one additional two-year term.

Award a contract to Merchants Landscape Services, Inc. in an annual amount not to exceed $1,018,139.93 for Sports Park, Parks, and Civic Facilities Landscape Maintenance Services – Presentation by Scott Smith, Director of Public Works Page 74 Recommended Action: Staff is requesting that the City Council approve Alternative No. 1, which is to award a contract to Merchants Landscape Services, Inc. in an annual amount not to exceed $1,018,139.93 for Sports Park, Parks, and Civic Facilities Landscape Maintenance Services.

7. Approval of the FY 2025/26 Statement of Investment Policy - Presentation by Ryan Smith, Director of Finance Page 356
Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to approve the FY 2025/26 Statement of Investment Policy as presented.

8. Approve the City’s voluntary participation in the Voluntary Rate Range Program (VRRP); authorize the City Manager and/or designee to execute the Intergovernmental Agreement Regarding Transfer of Public Funds between the California Department of Health Care Services (DHCS) and City of Fountain Valley – Presentation by Battalion Chief Tim Saiki

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Recommended Action: Approve the City’s voluntary participation in the Calendar Year 2024 Voluntary Rate Range Program Intergovernmental Transfer (VRRP IGT); authorize the City Manager and/or designee to execute the Intergovernmental Agreement Regarding Transfer of Public Funds with the California Department of Health Care Services; authorize the City Manager and/or designee to execute the Health Plan-Provider Agreement Intergovernmental Transfer Rate Range Program Agreement with CalOptima Health; authorize the City Manager and/or designee to execute the Health Plan-Provider Agreement Intergovernmental Transfer Rate Range Program Agreement with Kaiser Foundation Health Plan; and authorize the payment of $530,379 to the California Department of Health Care Services (DHCS) with a 2% contingency of $10,000.

9. Acceptance of Proposal and Award of a Contract to Infosend, Inc. for Data Processing, Printing, and Mailing Service in an Amount Not to Exceed $600,000 – Presentation by Daniel Lopez, Revenue Supervisor Page 454
Recommended Action: Staff recommends that the City Council select Alternative No. 1 to approve the agreement with Infosend, Inc. to provide Data Processing, Printing, and Mailing Service.

10. Approve Contracts and On-Call List of Qualified Consultants for As-Needed Environmental Programs Support Services Not-to-Exceed $600,000 per Contract for a Three (3) Year Term, with the Potential to Extend for Two (2) Additional One (1) Year Extensions – Presentation by Lia Gountoumas, Environmental Services Administrator Page 509 Recommended Action: Approve Contracts and On-Call List of Qualified Consultants for AsNeeded Environmental Programs Support Services for an Amount Not-to-Exceed $600,000 per Contract for a Three (3) Year Term, with the Potential to Extend for Two (2) Additional One (1) Year Extensions.

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL

COMMENTS

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR

AGENCY/HOUSING AUTHORITY
The next Regular Meeting of the Fountain Valley City Council is July 15, 2025, at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.

City of Fountain Valley
Memorandum
TO: Honorable Mayor and City Council
FROM: Rodney Cox, Chief of Police
DATE: June 11, 2025
SUBJECT: You Are Not Alone Program (Y.A.N.A)
______________________________________________________________________________ EXECUTIVE SUMMARY:

The Fountain Valley Police Department has recognized an opportunity to strengthen its engagement with our senior citizen community. To support this goal, we are highlighting the existing Retired Senior Volunteer Program (RSVP), which includes 34 dedicated members who regularly connect with seniors in Fountain Valley.

The "You Are Not Alone" program is an initiative designed to create a stronger link between the Police Department, our invaluable senior volunteers, and the senior citizens we serve within the community.

DISCUSSION:

The You Are Not Alone Program (Y.A.N.A) is a free outreach program provided by our Police Department specifically intended for senior community members who live alone and would benefit from a daily check on their welfare. This program aims to provide a sense of security and well-being, helping senior residents feel safer while continuing to live independently.

Often, these seniors are homebound and have limited contact with the outside world.

Therefore, their interactions with the members of the Retired Senior Volunteer Program will bridge the gap between the Police Department, the senior volunteer program, and the senior citizens within the community.

To enroll in the Y.A.N.A program, a senior must complete a short request form and waiver and provide an emergency contact person. Between the days of Monday through Friday, an RSVP will call the Y.A.N.A participant at a pre-determined time. A daily log will be maintained to confirm contact and note any special requests or information.

If a Y.A.N.A. participant does not answer their scheduled phone call, the RSVP will attempt to reconnect multiple times and/or call the member’s emergency contact. If there

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continues to be no response, the RSVP will alert dispatch, prompting an officer to conduct a welfare check at the residence.

Y.A.N.A. participants have the option to request personal visits from an RSVP member.

This provides a more personal aspect to the program, ensuring that the Y.A.N.A. member's home and physical condition are monitored. Any unusual observations will be logged and reported to the police department.

The Police Department will collaborate with Community Services to disseminate information about Y.A.N.A. at both the Senior Center and the Recreation Center.

Furthermore, the Y.A.N.A. program will be promoted to the community via the city's official social media platforms and city websites.

The Y.A.N.A. Program serves as a vital link between the Police Department, its Retired Senior Volunteer Patrol members, and the senior citizens of the community, enhancing their safety and promoting independent living.

CITY OF FOUNTAIN VALLEY

FIRE DEPARTMENT

MEMORANDUM
TO: Honorable Mayor and City Council
From: Tim Saiki, Battalion Chief
DATE: June 17, 2025
SUBJECT: Study Session – City-Operated Ambulance Program Proposal The Fire Department is proposing a transition to a city-operated ambulance program before the expiration of the current three-year contract extension with Falck Mobile Health Corp. (formerly Care Ambulance) on December 1, 2026. Falck is contracted to provide two dedicated ambulances to the City, one 24-hour ambulance and one 12-hour ambulance. The projected cost for the final year of the current ambulance service contract is $1,779,149. The proposed city-operated ambulance program would increase daily ambulance coverage 33.3% by staffing two (2) 24-hour ambulances. The proposal includes the addition of two administrative positions to manage the ambulance program:
a Division Chief and an Administrative Captain. These positions will not only be essential for managing the ambulance program but will also provide greater administrative depth, improving overall Fire Department management and operations. The proposed cityoperated ambulance program is projected to cost 10.2% less than the current contracted ambulance program. The savings are realized through decreased personnel costs, reduced surge ambulance costs, and the elimination of administrative costs and profit margins that are built into the Falck contract. The new revenue generated from the Voluntary Rate Range Program (VRRP) this year will cover all start-up costs of the program. The start-up costs include the purchase of four (4) new ambulances, all required medical equipment, and station modifications. Staff is seeking the Council's direction on transitioning to a city-operated ambulance program and purchasing ambulances. The proposed city-operated ambulance program is fiscally responsible and will significantly enhance Fire Department operations, ultimately providing the community with a better service.

Background
The Fire Department operates the current ambulance transport program through a publicprivate partnership with Falck (formerly Care Ambulance), which has contracted ambulance services to the City of Fountain Valley since February 1998. Under the current contract, Falck supplies two certified ambulance operators (EMTs) and an ambulance vehicle for one 24-hour ambulance shift and one 12-hour ambulance shift. The Fire Department retains overall control over the ambulances, directs medical care, supervises ambulance staff, supplies Advanced Life Support (ALS) resources and supplies, and bills patients as the official provider of record.

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The Fire Department began evaluating the feasibility of transitioning to a city-operated ambulance program following the City Council's approval of the current three-year extension in September 2023. The original ambulance contract allowed for one 3-year extension. Staff proposes shifting to a city-operated model that enhances current ambulance deployment and service levels. Twelve full-time and six part-time Ambulance Operator positions would staff the ambulances, serving limited two-year (or less) terms to encourage career progression into firefighter roles. Staff would work with Human Resources to establish the new Ambulance Operator (AO) classification. To assist in administrating a city-operated ambulance program, the Fire Department is proposing two additional administrative positions be added. An Administrative Division Chief would provide increased managerial oversight by assuming overall responsibility for the Fire Department’s suppression operations, EMS Operations, and ambulance operations. An Administrative EMS Captain would oversee the daily operations of the ambulance program, including the purchasing of EMS supplies and ambulance staffing.

Financial Analysis
The ambulance program's current budget is based on the City’s contract for ambulance services, which includes a per unit-hour rate (per hour of service) plus the costs of surge ambulance response, EMT overtime, and ambulance fuel. With the projected cost of surge ambulance response, EMT overtime, and fuel, the total cost of the final year of the ambulance program will be $1,779,148. This translates to $135.40 per unit hour for one 24-hour ambulance and one 12-hour ambulance (13,140 total unit hours). The proposed City-operated Ambulance Program would replace the contracted resources and expenses with an internal solution offering increased service levels (two 24-hour ambulances, a 40-hour Division Chief, and a 40-hour EMS Captain). Utilizing city staff and resources will result in a decrease in the cost of the ambulance program by approximately 10.2%. It is important to note that ambulance revenues will not be affected by a program change. The ambulance program is broken down and the costs are compared in the following table:

Current Ambulance
Contract
Proposed City-Operated
Program
Ambulance Operator Salary, Step 1 $751,269.00 $461,760.00 Ambulance Operator Benefits, Step 1 $262,944.00 $234,432.00 Ambulance Operator Overtime, Step 1 $6,897.08 $151,594.94 Ambulance Operator Uniforms $5,896.00 $6,000.00
Contract Administrative Costs/Profit Margin $314,758.00 Contract Ambulance Station Rent $75,323.00
Ambulance Vehicle Maintenance $76,921.00 $15,344.30
Surge Responses (Last 12 months) $259,260.00
Fuel $25,880.31 $35,000.00
40-hour Administrative EMS Captain, Step 5 $273,162.32
40-hour Division Chief, Step 5 $344,897.32
Sub Total $1,779,148.39 $1,522,190.88
5% Contingency $76,109.54
Total Cost $1,779,148.39 $1,598,300.43
Savings $180,847.96
Cost Difference -10.16%

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Deployment Model One 24-hour amb.

One 12-hour amb.

Two 24-hour ambs.

Two cross-staffed surge units
Total Unit Hours 13,140 17,520
Coverage Difference 33.33%
Unit Hour Cost $135.40 $86.88
Vehicle and equipment acquisition will be the most significant capital cost apart from labor expenses. The transition to the proposed city-operated ambulance program will require the purchase of four (4) ambulances. Two ambulances will be used for front-line operations and will replace the units currently staffed by Falck Ambulance. Two additional ambulances will be reserve units primarily used for surge ambulance response. They will also be used to fill in for front-line ambulances that are out of service or to staff special events within the City. The total cost of four new ambulances is estimated to be $ 1.3 million. The revenue received from the Voluntary Rate Range Program (VRRP) will cover the purchase of the four ambulances, as well as the additional equipment (radios, iPads, medical supplies, etc.) necessary to place them into service. The ambulance manufacturer that provided the quote is a participating member of a purchasing consortium, so there would not be a need for an additional bid process to purchase these ambulances. Below is an estimate of the start-up costs and associated revenue sources to fund these costs.

Estimated Capital Start-Up Costs Capital Revenue Source (VRRP) Four (4) Ambulances $1,301,646.48 Calendar Year 23 - Received $1,415,468 5-year Extended Warranty $31,180.00 Calendar Year 24 - Anticipated $566,710 EMS Supplies $33,979.68
Cardiac Monitors $179,269.48
Station Upgrades $41,230.00
Sub Total $1,587,305.64
20% Contingency $317,461.13
Total $1,904,766.77 Total Funds Available $1,982,178
Surge ambulance responses account for a significant yearly cost within our current model.

Over the last year (May 2024 to April 2025), 1211 surge ambulances were utilized, costing $259,260. The proposed city-operated ambulance program proposes three tiers of enhanced surge response to minimize or eliminate surge costs. The first tier would involve changing the current 12-hour ambulance to a 24-hour ambulance. This change would decrease the annual surge response volume by an estimated 38%. The second tier would involve utilizing a firefighter who is on the responding fire engine or truck to respond on the backup ambulance from the station when needed. Each station would house a reserve ambulance to respond under this model. The third tier would involve the Fire Chief establishing no-cost mutual aid agreements with the City of Huntington Beach and possibly other adjacent cities for reciprocal ambulance support. As a backup contingency, surge ambulance contracts could be established with private providers, such as Falck, for coverage when backup ambulances are unavailable and mutual aid partners exceed safe response time thresholds. Having a robust surge ambulance plan ensures sufficient ambulance capacity during periods of peak call volume.

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The proposed city-operated ambulance program curtails annual rate escalations inherent to contracted services (Falck has a yearly increase of approximately 5%), replacing them with fixed operational costs governed by predictable equipment expenditures and stable personnel resolutions. The proposed city-operated model would enhance the services that Fountain Valley can provide while maintaining the same, robust revenue streams.

Summary
Integrating the ambulance program within the Fire Department enables new operational efficiencies, such as streamlined patient care and new response deployments (e.g., ambulance-only responses to lower-acuity calls, such as help-ups). Directly managing staffing levels, ambulance operator performance measures, and customizing vehicle specifications ensures the Fire Department provides the highest service quality with an ambulance fleet tailored specifically to the Fountain Valley Fire Department's operational needs. A city-operated program also creates additional pathways for hiring firefighters.

If given direction to move forward, the Fire Department anticipates a successful transition to a city-operated program by the end of 2026 that will decrease current costs, greatly enhance administrative and operational efficiency department-wide, and improve emergency medical services for the Fountain Valley community.

Items for Future Consideration
Approve transition to the proposed City-operated Ambulance Program and direct the Fire Department to coordinate a detailed transition plan, targeting implementation by November 2026.

Authorize the City Manager, or designee, to select an ambulance vendor, issue a purchase order of $1,301,647 plus a 5% contingency of $65,000 for four ambulance vehicles, and execute related financing agreements, utilizing the revenues acquired from the VRRP program.

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Study Session 4:30 p.m.

Regular Meeting 6:00 p.m.

Tuesday, June 3, 2025
Council Chambers

STUDY SESSION
CALL TO ORDER 4:33 p.m.

PUBLIC COMMENTS (Study Session matters only)
The Study Session for item 2 was continued until the Regular Meeting concluded.

1. Discussion Regarding Formation of a Charter City – Presentation by Colin Burns, Attorney for the City
Public Comments: Evan Jorgensen, Ben Nielsen
City Attorney Colin Burns presented the Charter City item. The City Council instructed the Attorney for the City to bring this item back again on August 19th, for further discussion.

2. Discussion Regarding Scholarship Program - Presentation by Colin Burns, Attorney for the City Public Comment: Evan Jorgensen
The City Council decided to table this item as now was not the right time to consider this issue.

3. Amend the Name of Ellis Park to Ed Arnold Park – Presentation by Rob Frizzelle, Community Services Director
The City Council provided direction to replace the street sign for the park side of Brookhurst, at Heil to be named Ed Arnold Way. They also requested that park naming policy be cleaned up so it provides clearer language.

OPEN SESSION
CALL TO ORDER 6:03 p.m.

INVOCATION Pastor Daniel Monroe, Shoreline Baptist Church SALUTE TO THE FLAG Council Member Glenn Grandis

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CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members Present: Constantine, Grandis, Harper, Vice Mayor/Vice Chair Cunneen, Mayor/Chair Bui

Council Members Absent: None

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
None

CITY MANAGER / MAYOR UPDATE
City Manager Maggie Le and Mayor Ted Bui provided their updates.

PRESENTATIONS
 Business Recognition – Fashion Graphics- Presentation by Mayor Bui Fashion Graphics was unable to attend.
 Business Recognition – Stater bros markets – Presentation by Mayor Bui Mayor Bui Presented Stater Bros. General Manager with a Certificate of Recognition  Advisory Committee for Persons with Disabilities - Fountain Valley School District Special Recognition Awards
John Borack presented and recognized teachers for their outstanding commitment to teaching.  ICSC Conference Recap – Presentation by Ron Vargas, Assistant Planner and Victor Viramontes, Management Analyst
Victor Viramontes provided a recap of what City Leaders were able to accomplish at this year’s ICSC Conference.
 John Etheridge presented a Marine Flag from Camp Pendelton to the family of Ed Arnold

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
John Borack, Michael White, Katy Wright

CONSENT CALENDAR
Consent Calendar Items 1 through 6 were approved simultaneously.

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1. Receive and File the Draft Minutes of the May 20, 2025 Regular City Council meeting ACTION: Move to Receive and File the Draft Minutes of the May 20, 2025 Regular City Council Meeting
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

2. Approve the Register of Demands for the period of 5/9/2025 to 5/22/2025 ACTION: Move to Approve the Register of Demands for the period of 5/9/2025 to 5/22/2025 MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

3. Annual Military Equipment Report Per California Assembly Bill 481 ACTION: Move to Approve the Annual Military Equipment Report Per California Assembly Bill 481
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

4. Authorize Staff to Purchase the Vesta 9-1-1 AT&T Support Agreement Through July 19, 2026, and Eight Uninterruptible Power Supply (UPS) Replacements and Approve Staff to Accept the CAL OES Reimbursement in the Amount of $63,480.27
ACTION: Move to Approve and Authorize Staff to Purchase the Vesta 9-1-1 AT&T Support Agreement Through July 19, 2026, and Eight Uninterruptible Power Supply (UPS) Replacements and Approve Staff to Accept the CAL OES Reimbursement in the Amount of $63,480.27
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Grandis, Harper, Cunneen, Bui

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NOES: None
ABSENT: None
ABSTAIN: None

5. Approval of the Second Amendment to the Water Conservation Participation Agreement (CON15-39) with the Municipal Water District of Orange County to extend the term through June 30, 2035
ACTION: Move to Approve the Second Amendment to the Water Conservation Participation Agreement (CON-15-39) with the Municipal Water District of Orange County to extend the term through June 30, 2035
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

6. Adopt a Seven-Year Transportation Capital Improvement Program (CIP) for the Annual Measure M (M2) for Eligibility Program submittal for fiscal years 2025-2026 through 2031-2032.

Adopt a Resolution of the MPAH Circulation Element, and Mitigation Fee Program for the Measure M (M2) Program.

ACTION: Move to Approve and Adopt the Seven-Year Transportation Capital Improvement Program (CIP) for the Annual Measure M (M2) Eligibility Program submittal for Fiscal Years 2025-2026 through 2031-2032; and,
Move to Adopt a Resolution of the City Council of the City of Fountain Valley Concerning the Status and Update of the MPAH Circulation Element, and Mitigation Fee Program for the Measure M (M2) Program.

MOTION: Constantine SECOND: Cunneen
AYES:

NOES:

Constantine, Grandis, Harper, Cunneen, Bui
None
ABSENT: None
ABSTAIN: None

PUBLIC HEARINGS

7. Status Update on Vacancies and Recruitment and Retention Effort Report in Compliance with Assembly Bill 2561
Public Hearing Opened 7:08 p.m.

Public Comments: Julio Vega, Robert Wexler
Public Hearing Closed: 7:18 p.m.

This item received no vote as it was a Receive and File item.

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8. Public Hearing - Approval of the Proposed FY 2025-29 Community Development Block Grant Consolidated Plan, FY 2025-26 Annual Action Plan and FY 2025-29 Citizen Participation Plan
Public Hearing Opened 7:30 p.m.

Public Comments: None
Public Hearing Closed: 7:31 p.m.

ACTION: Move to Approve the Proposed FY 2025-29 Community Development Block Grant Consolidated Plan, FY 2025-26
Annual Action Plan and FY 2025-29 Citizen Participation Plan
MOTION: Constantine SECOND: Grandis
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

ADMINISTRATIVE ITEMS

9. Adopt a Resolution Approving the Letters of Understanding between the City of Fountain Valley and Fountain Valley General Employees’ Association, Fountain Valley Municipal Employees’ Association, and Fountain Valley Professional and Technical Unit effective July 1, 2024, through June 30, 2027, and amending Resolution 9948 to add one classification of employment and assigning the compensation for the classification of employment to the comprehensive salary schedule of city employees
ACTION: Move to Adopt a Resolution Approving the Letters of Understanding between the City of Fountain Valley and
Fountain Valley General Employees’ Association, Fountain Valley Municipal Employees’ Association, and Fountain
Valley Professional and Technical Unit effective July 1, 2024, through June 30, 2027, and amending Resolution 9948 to add one classification of employment and assigning the
compensation for the classification of employment to the comprehensive salary schedule of city employees
MOTION: Cunneen SECOND: Grandis
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None

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ABSENT: None
ABSTAIN: None

10. A Resolution adopting the FY 2025/26 (FY 26) and 2026/27 (FY 27) Annual Operating Budget & Capital Improvement Program
ACTION: Move to Adopt a Resolution adopting the FY 2025/26 (FY 26) and 2026/27 (FY 27) Annual Operating Budget & Capital
Improvement Program
MOTION: Grandis SECOND: Constantine
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

11. A Resolution of the City Council of the City of Fountain Valley approving the Fiscal Year 2025-2026 Project List for SB1 Funds in the amount of $1,498,803 and CarryOver of the Fiscal Year 2024-2025 SB1 Fund Balance in the amount of $937,553 ACTION: Move to Adopt a Resolution of the City Council of the City of Fountain Valley approving the Fiscal Year 2025-2026 Project List for SB1 Funds in the amount of $1,498,803 and CarryOver of the Fiscal Year 2024-2025 SB1 Fund Balance in the amount of $937,553
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

12. Approve Amendment No. 3 to CON-20-20 (#1044) with Sweeping Corporation of America for Street Sweeping Services to extend the contract term for two (2) years and increase the annual contract amount by $27,425.81 for a total annual revised contract amount of $424,892.21.

ACTION: Move to Approve Amendment No. 3 to CON-20-20 (#1044) with Sweeping Corporation of America for Street Sweeping Services to extend the contract term for two (2) years and increase the annual contract amount by $27,425.81 for a total annual revised contract amount of $424,892.21.

Page 11 ends

MOTION: Constantine SECOND: Grandis
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

13. Approve Amendment No. 2 to CON-21-19 (#1068) with Great Scott Tree Service, Inc. for Tree Maintenance Services to extend the contract term two (2) years and increase the annual contract amount by $25,153.25 for a total annual revised contract amount not to exceed $399,487.75.

ACTION: Move to Approve Amendment No. 2 to CON-21-19 (#1068) with Great Scott Tree Service, Inc. for Tree Maintenance Services to extend the contract term two (2) years and increase the annual contract amount by $25,153.25 for a total annual revised contract amount not to exceed $399,487.75.

MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

14. Accept the bids and award a construction contract to R.J. Noble Company for the Residential Roadway Rehabilitation Project (City Quadrant E7), Project No. 26001, in the amount not-to-exceed $2,537,349.

ACTION: Move to Accept the bids and award a construction contract to R.J.

Noble Company for the Residential Roadway Rehabilitation Project (City Quadrant E7), Project No. 26001, in the amount not-to-exceed $2,537,349.

MOTION: Constantine SECOND: Harper
AYES: Constantine, Grandis, Harper, Bui
NOES: None
ABSENT: None
RECUSE: Cunneen

15. Waive the bidding requirements pursuant to FVMC 2.36.070 Par 2 and authorize staff to issue a sole source purchase order to CT-West, Inc. in the amount not-toexceed $67,739.25 to purchase 13 traffic signal controllers.

Page 12 ends

ACTION: Move to Waive the bidding requirements pursuant to FVMC 2.36.070 Par 2 and authorize staff to issue a sole source purchase order to CTWest, Inc. in the amount not-to-exceed $67,739.25 to purchase 13 traffic signal controllers.

MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

16. 1) Terminate existing contract 20-44 with Axon Enterprises Inc., and 2) Approve a new 5-year contract with Axon Enterprises Inc. for body worn cameras, tasers, interview room recording systems, and unlimited digital evidence storage storage
ACTION: Move to :
1) Terminate existing contract 20-44 with Axon Enterprises Inc., and 2) Approve a new 5-year contract with Axon Enterprises Inc. for body worn cameras, tasers, interview room recording systems, and unlimited digital evidence storage storage
MOTION: Bui SECOND: Grandis
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
None

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS

Page 13 ends

Mayor Bui
May 31 Attended the Celebration of Life for Ed Arnold
Vice Mayor Cunneen
May 26 Attended Flag Day Raising Ceremony at Veterans Park May 31 Attended the Celebration of Life for Ed Arnold
June 2 Attended the Groundbreaking Ceremony for Slater Apartments project Council Member Grandis
May 27 Attended the Boys and Girls Club Board Meeting
May 28 Attended the OC Sanitation District Board Meeting May 29 Attended the OCPA Marketing Sub-Committee meeting and Congressman Derek Tran’s AANHPI Ceremony
May 31 Attended the Celebration of Life for Ed Arnold
June 2 Attended the Slater Apartments Ground Breaking and the FVSD Educational Foundation Board Meeting
Council Member Constantine
May 22 Watched the recent Orange County Board of Supervisors Meeting on the County of Orange website, then visited Fountain Valley Public Works staff at our Public Works Day event at the Fountain Valley Sports Park. Interested guests learned what our Public Works Department does in and for our community. Later, I participated in the Orange County Public Library Advisory Board Meeting at Orange County Library Headquarters in Santa Ana in place of fellow Council Member Jim May 23 Stopped in to the Film Friday event for senior citizens. The movie was “The Color of Money - 1986” at Founders Village Senior and Community Center.

May 26 Participated in the annual Fountain Valley Memorial Day event at Veterans Park, then stopped in at the annual Green Valley Memorial Day Picnic on the lawn outside the Adult Clubhouse at Green Valley.

May 28 Watched the Fountain Valley Planning Commission Meeting on the City’s website.

The Study Session item was regarding the Shopoff development on Euclid and Heil. The project includes apartments for rent, townhomes for sale, etc.

Information available at EuclidandHeil.com.

May 31 Stopped in at the Celebration of Life Event for the late sportscaster and fellow Fountain Valley resident, Ed Arnold at Mile Square Park, then presented a certificate from the City of Fountain Valley to a new business, Cyber Wings.

Afterwards, I attended the Fountain Valley Friends of the Library General Meeting and Luncheon at the Fountain Valley Library. The presenter was Jan Schroeder, Ph. D. Her presentation was “Ahead of the Fall: Stay Balanced & Active for a Vibrant Lifestyle”.

June 2 Participated in the JPI Groundbreaking Ceremony of the luxury apartment complex that’s being built on Slater and San Mateo — Slater Avenue Apartments. We haven’t had a groundbreaking event in 30 years. This project is expected to be completed by the end of 2027.

Page 14 ends

Council Member Harper
May 21 Attended the PCTA meeting and then the Tip-A-Cop event May 26 Attended the Memorial Day Ceremony
May 27 Attended the OCTA Board meeting
May 28 Attended the OCTA Finance Committee meeting
May 29 Attended the Open House of State Senator Tony Strickland June 2 Attended the OCTA Regional Transportation Planning Committee

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING

AUTHORITY
Mayor Bui adjourned the meeting at 9:12 pm to the next Meeting of the Fountain Valley City Council on June 17, 2025 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Ted Bui, Mayor

Attest:
___________________________
Rick Miller, City Clerk

Page 15 ends

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 17, 2025
Members of the City Council
SUBJECT: City of Fountain Valley Six Month Strategic Objectives Update for March 27, 2025 through September 23, 2025.

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:

On March 27, 2025, the City Council held a strategic planning session with the executive management team and department managers. The Strategic Plan was then presented to City Council at the May 6 City Council Meeting for adoption. Those who were in attendance collaborated to establish the City’s six-month strategic planning objectives for March 27, 2025, through September 23, 2025. The strategic plan has and will continue to serve as a guideline for the City Council and City staff as we work to achieve our goals over the next year. The Strategic Plan goals on the attached spreadsheet have been updated so that the City Council can see the progress made on the action items.

DISCUSSION:

During the City’s Strategic Planning session on March 27, 2025, the City Council, executive management team, including department managers, discussed achievements and missed opportunities. Group discussions led to the creation of the City’s six-month strategic planning objectives. As adopted, the vision and mission statements are:

The City of Fountain Valley's vision statement is:

Fountain Valley is a safe, inclusive, and desirable community where you can live your best life! The City of Fountain Valley's mission statement is:

The City of Fountain Valley is a team-driven organization committed to providing excellent service to our community through our Core Values: Fiscal Stability, Honesty, Integrity and Ethical Behavior, Teamwork, Innovation, Quality of Life, and Excellent Customer Service.

Page 16 ends

City of Fountain Valley Strategic Plan
June 17, 2025

Page 2 ends

Through collaborative efforts, the City Council and City staff finalized the six-month strategic objectives matrix for March 27, 2025, through September 23, 2025 (Attachment No. 1) in support of the new goals for 2023-2026.

FISCAL REVIEW:

The fiscal impact has been budgeted in Fiscal Year 2025-26.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

Attorney for the City has reviewed this item.

ALTERNATIVES:

Alternative No. 1: Receive and file the updated strategic objectives matrix for March 27, 2025, through September 23, 2025
Alternative No. 2: Direct staff to take an alternate action.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1.

Prepared by: Rick Miller, City Clerk
Approved by: Maggie Le, City Manager
Attachment:

1. Six-Month Strategic Objectives Matrix for March 27, 2025, through September 23, 2025

Page 17 ends

1 CITY OF FOUNTAIN VALLEY

SIX-MONTH STRATEGIC OBJECTIVES
March 27, 2025- September 23, 2025
City of Fountain Valley Vision Statement
Fountain Valley is a safe, inclusive, and desirable community where you can live your best life! City of Fountain Valley Mission Statement
The City of Fountain Valley is a team-driven organization committed to providing excellent service to our community through our core values.

Core Values
Fiscal Stability, Honesty, Integrity and Ethical Behavior, Teamwork, Innovation, Quality of Life, and Excellent Customer Service THREE-YEAR GOAL: ENHANCE THE CULTURE AND ENVIRONMENT OF “A NICE PLACE TO LIVE”

WHEN WHO WHAT STATUS

DONE ON
TARGE
T
REVIS
ED

COMMENTS

1. By April 1,
2025, City Council
Meeting
Community Services
Director
Present a proposal to the City Council for the creation of a 70th Anniversary Committee.

X Presented and received direction
from the City Council on April 1.

2. By June 17,
2025, City Council
Meeting
Police Chief &
Community Services
Director
Develop and present a YANA (You Are Not Alone) program
for the City.

X *Resources needed:

Marketing/promotion of the
program through social media,
podcast, etc.

3. By August 19,
2025, City Council
Meeting
Police Chief, Fire Chief,
& Public Works Director
Develop and present a volunteer CERT program. X

4. By August 1,
2025, City Council
Meeting
Police Chief &
Community Services
Director
Create an E-bike Safety Day and share in the City Council Communicator.

X *Resources needed: Marketing
(fliers), and engagement with our
schools

5. By May 6,
2025, City Council
Meeting
City Attorney & City
Clerk
Present Charter City pros and cons for direction. X Presented on May 20, the City Council requested more
information on the charter city in
August.

6. By September
16, 2025, City Council
Meeting
Deputy City Managerlead, with the Public
Works Director &
Police Chief
Present and update negotiation terms with the County CEO team on the North Island and seek direction from the City Council.

X Currently contacting the County
CEOs office to discuss/negotiate

Page 18 ends

2 THREE-YEAR GOAL: ACHIEVE FISCAL STABILITY BY EVALUATING PROCESSES, AND ATTRACT AND RETAIN

REVENUE PRODUCING BUSINESSES/OPPORTUNITIES

WHEN WHO WHAT STATUS

DONE ON
TARGE
T
REVISE
D

COMMENTS

1. By
September 16, 2025,
City Council Meeting
Fire Chief, Public
Works Director, &
Community Services
Director
Evaluate and present the possibility of a fundraising program for Fire Station No. 1 through donations (ie) bricks, plaques, pavers etc.

X

2. By August
19, 2025, City Council
Meeting
Community
Development
Director, Community
Services Director, &
City Attorney
Assess and present revenue generating opportunities to
promote businesses through a digital messaging board at the Sports Park.

X Study Session to be presented to
City Council on July 15.

3. By June 17,
2025, City Council
Meeting
Community
Development
Director, & Public
Works Director
Support and lobby for the passage of SB 364 to permit the approval of off-site advertising opportunities on Reservoir No.

1. Assess and present advertisement opportunities on
Reservoir No. 1.

X Currently prohibited as off-site
signage would be a considered a
billboard by Caltrans. Awaiting
consideration of SB 364.

Page 19 ends

3 THREE-YEAR GOAL: ATTRACT AND RETAIN QUALITY STAFF THROUGH

BEST PRACTICES AND TRENDS

WHEN WHO WHAT STATUS

DONE ON
TARGE
T
REVISE
D

COMMENTS

1. By
September 16, 2025,
City Council Meeting
Employee
Engagement
Committee, Fire
Chief, & Finance
Director
Present Engagement Committee’s efforts and ideas to
expand the program. Include hiring trends, initiatives, telework, education, training, succession planning, and leadership.

X

Page 20 ends

4 THREE-YEAR GOAL: MAINTAIN, BUILD, AND MODERNIZE INFRASTRUCTURE TO SUPPORT GROWTH AND

FUTURE NEEDS OF THE CITY

WHEN WHO WHAT STATUS

DONE ON
TARGE
T
REVISE
D

COMMENTS

1. By June 17,
2025, City Council
Meeting
Fire Chief & Public
Works Director,
Supported by Finance
Director & Human
Resources Director
Develop and present a plan for transitioning the City’s ambulance program from public/private partnerships to an internal City program.

X Multiple stakeholder
meetings have been held
and Chief Saiki will be
making a presentation to
Council on June 17th
looking for council
direction. 6/3/2025 WM

2. By July 15,
2025, City Council
Meeting
Public Works Director
& Finance Director
Present business model and request City Council award of contract for leasing City vehicles, in lieu of purchasing vehicles.

X Presented and received
approval from the City
Council on 5/6/25.

3. By August
19, 2025, City Council
Meeting
Finance Director, Fire
Chief, & Public Works
Director
Present financial data to fund Fire Station 1 and seek direction from the City Council.

X

Page 21 ends

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 3, 2025
Members of the City Council
SUBJECT: City of Fountain Valley Register of Demands for the period of 5/9/2025 to 5/22/2025 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:

Attached is the Register of Demands for the City of Fountain Valley to be ratified by the City Council.

DISCUSSION:

Pursuant to the State of California’s Government Code 37201 through 37210, the Director of Finance or their designated representative hereby certifies to the accuracy of the following demands and to the availability of funds for payment thereof. Demands paid by the city shall be inspected and ratified by the legislative body on the next available Council agenda. The Finance Department has prepared the attached Register of Demands summarizing the City's payments released since the previous City Council meeting.

FINANCIAL ANALYSIS:

The attached Register of Demands represents payments made by the City of Fountain Valley between 5/9/2025 and 5/22/2025 for a total of $2,070,290.02.

ATTORNEY REVIEW:

The Attorney for the City reviewed this staff report and concurs with the recommended action.

PUBLIC NOTIFICATION:

Not applicable.

Page 22 ends

Register of Demands
June 3, 2025

Page 2 ends

ALTERNATIVES:

Alternative No. 1: Approve the attached Register of Demands.

Alternative No. 2: Do not approve as presented and provide direction to staff.

RECOMMENDATION:

Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 5/9/2025 and 5/22/2025 for a total of $2,070,290.02.

Prepared by: Ryan Smith, Finance Director
Reviewed by: Colin Burns, City Attorney
Approved by: Maggie Le, City Manager
Attachment 1: Register of Demands 5/9/2025 to 5/22/2025.

Page 23 ends

City Of Fountain Valley
Register of Demands
5/9/2025 - 5/22/2025
Department
Check
Date Vendor Description Doc #
Check/ACH
# Amount
10000000 NON-DEPARTMENTAL
05/15/25 AMAZON SPRING POTTING DAY SUPPLIES 37228 3919 106.59 05/22/25 AMAZON REFUND FOR HOLIDAY LUNCHEON SUPPLIES 37489 3940 (9.78) 05/22/25 AMAZON REFUND FOR HOLIDAY LUNCHEON SUPPLIES 37490 3940 (9.75) TOTAL NON-DEPARTMENTAL 87.06
10010100 CITY COUNCIL
05/15/25 MANHATTAN STITCHING CITY COUNCIL EMBROIDERED SHIRTS 37285 2315208 592.63 TOTAL CITY COUNCIL 592.63
10010103 OFFICE OF CITY MANAGER
05/22/25 ORANGE COUNTY BUSIN FY 25 OCBC MEMBERSHIP 37499 3949 5,000.00 TOTAL OFFICE OF CITY MANAGER 5,000.00
10010104 ADMIN SERVICES
05/15/25 VERIZON WIRELESS 03/26-04/25/25 ADMIN CELLPHONES 37230 2315240 48.86 05/15/25 AMAZON RETURNS - STATE OF THE CITY 37229 3919 (52.67) 05/22/25 MANHATTAN STITCHING ICSC SHIRTS 37501 2315274 215.50 05/22/25 RWR MARKETING & GRAP 25/26 RETAIL GUIDE 37500 2315289 587.24 TOTAL ADMIN SERVICES 798.93
10010105 RECORDS MANAGEMENT
05/22/25 ORANGE COUNTY REGIST APR 2025 LEGAL ADVERTISEMENTS 37303 2315278 2,013.29 TOTAL RECORDS MANAGEMENT 2,013.29
10020200 HUMAN RESOURCES
05/22/25 PSYCHOLOGICAL CONSUL JAN 2025 PRE-EMPLOYMENT EVALUATIONS 37473 2315280 946.00 05/15/25 CONCENTRA MEDICAL CE 4/22/2025 OCCUPATIONAL MEDICAL SERVICES 37233 2315192 609.60 05/15/25 CONCENTRA MEDICAL CE 4/25 - 4/28/2025 OCCUPATIONAL MEDICAL 37232 2315191 667.60 05/22/25 BOB HALL & ASSOCIATE APR RECRUITMENT SERVICES 37377 2315250 1,300.00 05/22/25 DEPARTMENT OF JUSTIC APR 2025 HR DEPT LIVESCAN/FINGERPRINT 37456 2315262 452.00 05/15/25 CONCENTRA MEDICAL CE 4/30 - 05/05/2025 OCCUPATIONAL MEDICAL 37235 2315193 1,944.80 05/22/25 THE COUNSELING TEAM MAY 2025 EAP SERVICES 37304 2315298 1,500.00 05/22/25 THNKS NEW HIRE RECOGNITION 37394 3956 500.00
05/22/25 CONCENTRA MEDICAL CE 5/07 - 5/12/2025 OCCUPATIONAL MEDICAL 37458 2315258 394.60 TOTAL HUMAN RESOURCES 8,314.60
10030300 PLANNING
05/22/25 AMAZON OFFICE SUPPLIES LYSOL 37537 3940 15.82
05/15/25 ORANGE COUNTY REGIST PUBLIC HEARING NOTICE 37257 2315211 893.82 05/15/25 KLING CONSULTING GRO SOILS RVW CONSULTING SVCS FOR 24-1476 37333 2315207 850.00 05/15/25 KLING CONSULTING GRO SOILS RVW CONSULTING SVCS FOR 25-482 37335 2315207 850.00 05/15/25 KLING CONSULTING GRO SOILS RVW CONSULTING SVCS FOR 24-864 37336 2315207 850.00

Page 24 ends

TOTAL PLANNING 3,459.64
10030301 BUILDING & SAFETY
05/15/25 AMAZON RED LEGAL FOLDERS-BUILDING 36908 3919 117.42 05/15/25 AT&T MOBILITY 3/27-4/26/25 CELL PHONES & IPADS 37251 2315183 131.28 05/22/25 VCA CODE APR 25 BUILDING PLAN RVW AND STAFFING

37502 3958 11,667.50
05/22/25 TRUE NORTH COMPLIANC MAY 25 BUILDING PLAN REVIEW AND STAFFING 37471 3957 5,440.00 05/22/25 TRUE NORTH COMPLIANC MAY 25 BUILDING PLAN REVIEW AND STAFFING 37472 3957 5,205.00 05/15/25 AMAZON POST-ITS-KRAEBER 37103 3919 34.69
TOTAL BUILDING & SAFETY 22,595.89
10030305 ECONOMIC DEVELOPMENT
05/15/25 AT&T MOBILITY 3/27-4/26/25 CELL PHONES & IPADS 37251 2315183 56.68 TOTAL ECONOMIC DEVELOPMENT 56.68
10030310 CODE ENFORCEMENT
05/15/25 AT&T MOBILITY 3/27-4/26/25 CELL PHONES & IPADS 37251 2315183 43.76 TOTAL CODE ENFORCEMENT 43.76
10040400 FINANCE
05/15/25 RAMS, LLP FY 2024/25 AUDIT SERVICES, APRIL 2025 37267 2315215 10,306.00 05/15/25 CLIENTFIRST CONSULTI 4/1-4/30/25 HCM SYSTEM REVIEW 37287 3921 673.75 TOTAL FINANCE 10,979.75
10050500 ENGINEERING
05/22/25 AMAZON APR 2025 - PW ENG OFFICE SUPPLIES 36768 3940 84.37 05/15/25 VERIZON WIRELESS 3/26-4-25/2025 ENG CP - ENVIR SRVCS 37327 2315242 42.06 05/15/25 AT&T MOBILITY 3/27-4/26/25 - CELL PH TG SM KK JP KH RD SS 37328 2315184 428.38 TOTAL ENGINEERING 554.81
10050503 STREET LIGHTING
05/15/25 SO CALIF EDISON CO 4/1 - 4/30/25 STREET LIGHTS - NEW 37321 2315224 17,965.76 05/15/25 SO CALIF EDISON CO 4/1 - 4/30/25 STREET LIGHTS 37324 2315229 9,025.55 TOTAL STREET LIGHTING 26,991.31
10050550 RIGHTS-OF-WAY
05/15/25 JHM SUPPLY, INC IRRIGATION PARTS FOR MEDIANS AND ROW 37292 2315204 1,969.19 05/15/25 NIEVES LANDSCAPE, IN 4/2025 GENERAL MAINT FOR ROWS 37266 2315210 26,307.57 05/15/25 SO CALIF EDISON CO 4/3/25-5/4/25 ROWS 37237 2315228 92.20 TOTAL RIGHTS-OF-WAY 28,368.96
10050551 TREE MAINTENANCE
05/15/25 GREAT SCOTT TREE SER EMERGENCY LIMB REMOVAL ON SANTA 37293 3925 908.39 05/15/25 GREAT SCOTT TREE SER UTILITY WIRE CLEARANCE THROUGHOUT CITY 37298 3925 4,488.54 05/15/25 GREAT SCOTT TREE SER EMERGENCY REMOVAL ON HUMMINGBIRD 37295 3925 908.39 05/15/25 GREAT SCOTT TREE SER EMERGENCY REMOVAL ON MARGARITA 37294 3925 1,214.96 05/15/25 GREAT SCOTT TREE SER PARKWAY TREE REMOVAL ON WISTERIA 37296 3925 331.88 05/15/25 GREAT SCOTT TREE SER CARROTWOOD REMOVAL BEHIND MCBRIDE 37297 3925 1,015.26 TOTAL TREE MAINTENANCE 8,867.42
10050552 PARK MAINTENANCE
05/15/25 SAKIOKA WHOLESALE NU PLANT MATERIAL-CITY HALL PARKING LOT 37290 2315223 3,219.41 05/15/25 SAKIOKA WHOLESALE NU PLANT MATERIAL FOR CITY HALL PARKING LOT 37289 2315222 116.37 05/22/25 MERCHANTS LANDSCAPE 4/2025 GENERAL MAINT. FACILITIES 37504 3947 2,940.03

Page 25 ends

05/22/25 MERCHANTS LANDSCAPE 4/2025 GENERAL MAINT. PARKS 37516 3947 19,096.80 05/22/25 MERCHANTS LANDSCAPE 4/2025 MATERIAL SENIOR CENTER 37518 3947 1,623.00 TOTAL PARK MAINTENANCE 26,995.61
10050553 CONCRETE MAINTENANCE
05/15/25 UNITED RENTALS NORTH SIDEWALK REPAIR 37301 2315237 316.69 TOTAL CONCRETE MAINTENANCE 316.69
10050554 PAVEMENT MAINTENANCE
05/22/25 VULCAN MATERIAL COMP ASPHALT REPAIR 37042 2315305 593.43 05/22/25 VULCAN MATERIAL COMP ASPHALT WATER REPAIR 37031 2315303 306.23 05/22/25 VULCAN MATERIAL COMP ASPHALT WATER REPAIR 37037 2315304 1,521.03 05/15/25 VULCAN MATERIAL COMP SIDEWALK RAMPS 37308 2315244 240.22 05/15/25 VULCAN MATERIAL COMP ASPHALT REPAIR WATER 37307 2315243 299.28 TOTAL PAVEMENT MAINTENANCE 2,960.19
10050555 STORM DRAIN MAINT
05/15/25 SO CALIF GAS CO 4/3/25-5/2/25 WALNUT PUMP STATION 37349 2315231 35.69 05/15/25 SO CALIF GAS CO 4/4/25-5/5/25 SANDALWOOD PUMP STATION 37345 2315231 21.69 05/22/25 MICHAEL BAKER INTERN THRU 4/27/25 - NPDES PROG MGMT SUPPORT 37447 3948 1,284.00 05/22/25 SO CALIF EDISON CO 4/16/25-5/15/25 SANDALWOOD PUMP STATION 37549 2315293 706.48 TOTAL STORM DRAIN MAINT 2,047.86
10050557 STREET SWEEPING
05/15/25 SCA OF CA, LLC 4/2025 MONTHLY STREET SWEEPING 37299 3935 33,122.20 TOTAL STREET SWEEPING 33,122.20
10050558 RECREATION CENTER
05/15/25 SAKIOKA WHOLESALE NU COLOR FOR WALKWAY TO REC CENTER 37263 2315220 862.00 05/15/25 JHM SUPPLY, INC IRRIGATION PARTS FOR THE SP 37291 2315206 2,455.83 05/15/25 SAKIOKA WHOLESALE NU PLANT MATERIAL BY FIELD B 37261 2315218 412.14 05/15/25 SAKIOKA WHOLESALE NU PLANT MATERIAL BY FIELD 8 37262 2315219 350.19 05/15/25 JHM SUPPLY, INC REPLACED FAULTY SPRINKLER VALVE-FIELD C 37241 2315205 969.75 05/15/25 SAKIOKA WHOLESALE NU PLANT MATERIAL FOR SPORTS PARK 37253 2315216 323.25 05/15/25 SAKIOKA WHOLESALE NU PLANT MATERIAL FOR SPORTS PARK NEAR 37260 2315217 344.37 05/15/25 SAKIOKA WHOLESALE NU PLANT MATERIAL AROUND SOLAR PANELS 37264 2315221 242.44 05/15/25 GRAINGER, INC. FENCING AND ZIPTIES FOR SPORTS PARK 37240 2315201 758.46 TOTAL RECREATION CENTER 6,718.43
10050559 GRAFFITI CONTROL
05/15/25 UNITED RENTALS NORTH PRESSURE WASHER, GRAFFITI REMOVAL 37306 2315239 516.89 05/15/25 UNITED RENTALS NORTH PRESSURE WASHER, GRAFFITI REMOVAL 37302 2315238 387.15 TOTAL GRAFFITI CONTROL 904.04
10060600 FIRE SUPPRESSION
05/15/25 PURETEC INDUSTRIAL W DIONIZED WATER TANK RENTAL STATION 2 37160 2315214 20.64 05/22/25 CONCENTRA MEDICAL CE FIRE ANNUAL PHYSICALS 37383 2315257 6,249.00 05/22/25 PURETEC INDUSTRIAL W DEIONIZED WATER SYSTEM STATION 1 37384 2315281 126.61 05/22/25 AMAZON OFFICE SUPPLIES 37385 3940 48.51
05/22/25 AMAZON KITCHEN ITEMS STATION 2 37386 3940 21.74 05/22/25 AMAZON KITCHEN ITEMS STATION 2 37387 3940 86.96 05/15/25 ULINE VERMICULITE 37388 2315235 396.07

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TOTAL FIRE SUPPRESSION 6,949.53
10060602 AMBULANCE SERVICES
05/22/25 LIFE ASSIST 1st AID/PARAMEDIC SUPPLIES 37389 3946 852.38 05/22/25 BOUND TREE MEDICAL 1st AID/PARAMEDIC SUPPLIES 37390 3942 381.05 05/22/25 AMBULANCE REFUND WITTMAN REFUND UNAPPLIED CASH 2 37391 2315246 1,069.11 05/22/25 AMBULANCE REFUND WITTMAN REFUND UNAPPLIED CASH TO 37393 2315247 103.06 05/15/25 AMBULANCE REFUND WITTMAN REFUND TO NHY LY 37396 2315181 324.20 05/15/25 AMBULANCE REFUND WITTMAN REFUND TO HEALTH NOW 37401 2315178 2,028.64 05/15/25 AMBULANCE REFUND WITTMAN REFUND TO HEALTH NOW 37409 2315179 1,597.16 05/15/25 AMBULANCE REFUND WITTMAN REFUND TO MONARCH HEALTHCARE 37415 2315180 386.68 05/15/25 AMBULANCE REFUND WITTMAN REFUND TO BLUE SHIELD OF CA 37418 2315177 74.54 TOTAL AMBULANCE SERVICES 6,816.82
10060603 FIRE PREVENTION
05/22/25 GRM INFORMATION MANA 4/1/25-4/30/25 FIRE FILE STORAGE 37381 2315266 9.31 05/22/25 VCA CODE 4/1/25-4/30/25 FIRE PLAN CHECKS 37382 3958 1,388.00 TOTAL FIRE PREVENTION 1,397.31
10070700 PATROL
05/15/25 AT&T MOBILITY PD CELL PHONES - 5/27-4/26/25 37429 2315186 3,228.78 05/15/25 AMAZON RECORDS SUPPLIES 37426 3919 100.39
05/15/25 AMAZON RECORDS SUPPLIES 37436 3919 159.03
05/15/25 PETTY CASH FIELD SER REIMBURSE PETTY CASH 37288 2315212 428.92 05/15/25 FORENSIC NURSE SPECI VICTIM EXAMS 25-10507 & 25-12950 37423 2315196 2,100.00 05/15/25 MAVRITSAKIS, GEORGE MEALS/MILEAGE TASER INSTRUCTOR 37433 3931 201.08 05/15/25 DALE, MADISON MEALS/MILEAGE TASER INSTRUCTOR 37434 3922 201.08 05/15/25 FLORES RODRIGUEZ, JO HOTEL - EVOC TRAINING 37438 3924 994.40 05/15/25 BAILEY, JACOB HOTEL - EVOC TRAINING 37439 3920 799.87 05/15/25 STEPHENSON, BRYAN HOTEL - EVOC TRAINING 37440 3937 860.95 05/15/25 HEISE, GARRETT HOTEL - EVOC TRAINING 37441 3926 860.95 TOTAL PATROL 9,935.45
10070701 INVESTIGATION
05/15/25 COUNTY OF ORANGE APRIL 2025 - AFIS 37430 2315194 1,704.00 05/15/25 AMAZON FIRST AID KIT 37424 3919 35.28
05/15/25 AMAZON PROPERTY SUPPLIES 37425 3919 526.24
05/15/25 AMAZON TRAUMA REFILL KIT 37427 3919 53.28
05/15/25 PETTY CASH FIELD SER REIMBURSE PETTY CASH 37288 2315212 123.23 05/15/25 MARQUEZ, ISAAC E REIMBURSE FOR RNSP CALLOUT 37437 3930 153.67 TOTAL INVESTIGATION 2,595.70
10070703 CANINE
05/15/25 COMMUNITY VETERINARY K9 POMIX BOARDING 37435 2315190 345.00 TOTAL CANINE 345.00
10070705 L.E. COMMUNICATIONS
05/15/25 PETTY CASH FIELD SER REIMBURSE PETTY CASH 37288 2315212 25.05 TOTAL L.E. COMMUNICATIONS 25.05
10070707 CRIME PREVENTION
05/15/25 PETTY CASH FIELD SER REIMBURSE PETTY CASH 37288 2315212 140.08

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TOTAL CRIME PREVENTION 140.08
10070708 RANGE
05/15/25 CITY OF WESTMINSTER RANGE - 3/12/25 & 3/26/25 37432 2315189 806.00 TOTAL RANGE 806.00
10070800 ANIMAL CARE SVCS
05/22/25 COUNTY OF ORANGE ANIMAL CARE SERVICES 1/1/25-3/31/25 37428 2315259 224,442.19 TOTAL ANIMAL CARE SVCS 224,442.19
10080810 SENIOR & COMM CENTER
05/22/25 AMAZON HDMI WALL PLATE 37486 3940 18.43
05/22/25 AMAZON HDMI CABLE 37487 3940 15.21
05/15/25 AMAZON ACPD DANCE SUPPLIES 37373 3919 91.31
05/22/25 BLDG REFUND REFUND FOR TENAL ON JUNE 7, 2025 37482 2315249 320.00 05/22/25 S.C. GYM REPAIR SC FITNESS ROOM MONTHLY SERVICE & 37496 2315290 200.00 TOTAL SENIOR & COMM CENTER 644.95
10080820 CONTRACT CLASSES
05/15/25 JACKSON, VICKIE LEE INSTRUCTOR PAYMENT FOR CLASSES ENDING 37224 3928 409.50 05/22/25 REC SVCS REFUND REFUND FOR CLASS 433051-A1 37242 2315285 105.00 05/22/25 REC SVCS REFUND REFUND FOR CLASS 412012-B2 37243 2315286 96.00 05/22/25 WARDECKI, CARRIE L. INSTRUCTOR PAYMENT FOR CLASSES ENDING 37244 3959 965.25 05/22/25 REC SVCS REFUND REFUND FOR CLASS 471037-A2 37380 2315287 86.00 05/22/25 REC SVCS REFUND REFUND FOR CANCELED CPR CLASS 455091-A1 37392 2315283 213.00 05/22/25 REC SVCS REFUND REFUND FOR YOUTH BASKETBALL LEAGUE 37402 2315282 70.00 05/22/25 REC SVCS REFUND REFUND RECEIPT FOR YOUTH BASKETBALL 37408 2315284 70.00 05/22/25 CS DANCE FACTORY INSTRUCTOR PAYMENT 371130-A2 37459 2315260 2,100.80 05/22/25 POSTMASTER/U.S.POSTA POSTAGE FOR SUMMER FP 37479 2315279 3,200.00 TOTAL CONTRACT CLASSES 7,315.55
10093001 GENERAL FUND
05/22/25 THE PLANNING CENTER APR 2025 GENERAL PLAN UPDATE 37446 2315299 412.50 TOTAL GENERAL FUND 412.50
10095000 GENERAL FUND
05/22/25 GRAINGER, INC. PARK/PLAYGROUND LIGHTING CONTROL 37450 2315265 423.21 TOTAL GENERAL FUND 423.21
10095001 GENERAL FUND
05/15/25 PSOMAS MAR 2025 - I 405 IMPROVEMENT PROJECT 36771 2315213 3,467.75 05/15/25 PSOMAS APR 2025 - I405 IMPROVEMENT PROJECT 37331 2315213 5,335.00 TOTAL GENERAL FUND 8,802.75
11010050 ISF IS ADMIN CAPITAL
05/22/25 CHARTER COMMUNICATIO 5/1 - 5/31/25 CH FIBER 37338 2315252 1,975.00 05/22/25 CHARTER COMMUNICATIO 5/1 - 5/31/25 DIGITAL BOXES 37339 2315253 204.02 05/22/25 CHARTER COMMUNICATIO 5/1 - 5/31/25 PD CABLE TV 37340 2315254 166.91 05/22/25 CHARTER COMMUNICATIO 5/1 - 5/31/25 PD CABLE TV 37342 2315255 95.88 05/15/25 ADVANCED OFFICE / IN 4/3 - 5/2/25 CONTRACT 41635 OVERAGE 37319 2315174 96.72 05/22/25 NMK CORPORATION CISCO SWITCHES - CITY NETWORK UPGRADE 37517 2315277 10,710.16 TOTAL ISF IS ADMIN CAPITAL 13,248.69
11110000 ISF GB CITY HALL

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05/15/25 SOUTH COAST AIR QUAL 7/2024-6/2025 AQMD-CITY HALL 37256 2315233 167.47 05/15/25 CALIFORNIA WATERS, L 4/2025 SERVICE 37239 2315187 830.00 05/15/25 ROAD RUNNER EXTERMIN 5/2025 PEST CONTROL- CITY HALL 37279 3934 76.00 05/15/25 JMG SECURITY SYSTEMS 5/2025 BURG ALARM-CITY HALL 37282 3929 515.65 05/15/25 SO CALIF GAS CO 4/3/25-5/2/25 CITY HALL 37371 2315231 758.13 05/15/25 SO CALIF EDISON CO 4/7/25-5/6/25 CITY HALL 37395 2315225 6,883.03 05/22/25 PROFESSIONAL PLUMBIN DRINKING FOUNTAIN INSTALLATION AT CITY 37495 3950 2,050.00 TOTAL ISF GB CITY HALL 11,280.28
11150000 ISF GB CITY YARD
05/15/25 SOUTH COAST AIR QUAL 7/2024-6/2025 AQMD FEE 37281 2315233 167.47 05/15/25 MARCOM COMMUNICATION 3/25/25-4/25/25 MONTHLY ELEVATOR CHARGE 37252 2315209 48.00 05/15/25 SO CALIF EDISON CO 4/3/25-5/4/25 CITY YARD 37236 2315227 1,696.51 05/15/25 GRAINGER, INC. SHOP TOOLS, EXTENSION CORDS 37273 2315200 206.70 05/15/25 TURTLE & HUGHES REPLACE STOLEN COPPER CABLE-CITY YARD 37276 2315234 239.18 05/15/25 SO CALIF GAS CO 4/4/25-5/5/25 YARD 37347 2315231 160.06 05/22/25 GRAINGER, INC. REPLACE STOLEN WIRE FROM CY FIRE 37449 2315265 198.37 05/22/25 GRAINGER, INC. REPAIR FIRE BACKFLOW ALARM WIRING 37448 2315265 97.61 TOTAL ISF GB CITY YARD 2,813.90
11160001 ISF GB FS1
05/15/25 SO CALIF GAS CO 4/3/25-5/2/25 FIRE STATION #1 37369 2315232 427.06 TOTAL ISF GB FS1 427.06
11160002 ISF GB FS2
05/15/25 SO CALIF GAS CO 4/4/25-5/5/25 FIRE STATION #2 37346 2315231 102.79 05/22/25 SO CALIF EDISON CO 4/22/25-5/20/25 FIRE STATION NO 2 37578 2315294 730.20 TOTAL ISF GB FS2 832.99
11170000 ISF GB POLICE DEPARTMENT
05/15/25 DUNN-EDWARDS CORPORA PAINT FOR PD LOBBY DISPLAY 37283 2315195 56.31 05/15/25 SOUTH COAST AIR QUAL 7/2024-6/2025 AQMD FEE-PD 37259 2315233 167.47 05/15/25 AT&T MOBILITY 3/27 - 4/26/25 PD MDC 37337 2315185 155.10 05/15/25 COUNTY OF ORANGE APRIL 2025 - OCATS 37431 2315194 1,374.20 05/15/25 SMARDAN SUPPLY CO. SANI IN PD'S JANITOR CLOSET 37270 3936 23.55 05/15/25 ROAD RUNNER EXTERMIN 5/2025 PEST CONTROL PD 37280 3934 112.00 05/15/25 SO CALIF GAS CO 4/3/25-5/2/25 PD 37372 2315231 1,341.79 05/15/25 SO CALIF EDISON CO 4/7/25-5/6/25 PD 37398 2315226 6,351.38 TOTAL ISF GB POLICE DEPARTMENT 9,581.80
11180000 ISF GB REC CENTER
05/22/25 SMARDAN SUPPLY CO. A/C DRAINLINE LEAKING ON ROOFTOP. 37451 3954 3.66 05/15/25 SMARDAN SUPPLY CO. FAUCET REPAIR-MEN'S RESTROOM-TENNIS 37269 3936 211.90 05/15/25 ROAD RUNNER EXTERMIN 5/2025 PEST CONTROL-SPORTS PARK 37278 3934 184.00 05/15/25 ROAD RUNNER EXTERMIN 5/2025 PEST CONTROL-REC CENTER 37277 3934 86.00 05/15/25 SO CALIF GAS CO 4/4/25-5/5/25 REC CENTER 37348 2315231 200.96 05/15/25 SO CALIF EDISON CO 4/7/25-5/6/25 PARK AND RIDE 37444 2315230 1,922.70 TOTAL ISF GB REC CENTER 2,609.22
11180001 ISF GB SR CENTER
05/15/25 SMARDAN SUPPLY CO. SINK DRAIN REBUILD 37271 3936 24.50

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05/15/25 GRAINGER, INC. AC THERMOSTAT COVERS-SENOR CENTER 37275 2315200 90.95 05/15/25 SO CALIF GAS CO 4/3/25-5/2/25 SENIOR CENTER 37370 2315231 448.44 05/22/25 ROAD RUNNER EXTERMIN 5/2025 MONTHLY PEST CONTROL SERVICE 37494 3952 144.00 TOTAL ISF GB SR CENTER 707.89
11250001 PW - FLEET MGMT
05/22/25 RED WING BUSINESS AD SAFETY BOOTS - C ROARK 37480 3951 211.67 05/22/25 RINCON TRUCK CENTER, STOCK PARTS 37466 2315288 127.82 05/22/25 GARDEN GROVE HYUNDAI BATTERY FOR UNIT 309 37464 2315264 175.22 05/22/25 AAA INSPECTIONS LLC DIESEL SMOG INSPECTIONS 37463 3939 225.00 05/22/25 LONG BEACH BMW MOTORCYCLE BATTERY FOR UNIT 424 37462 2315271 182.44 05/22/25 HOIST SERVICE INC. ANNUAL HOIST INSPECTIONS 37461 2315269 625.00 05/22/25 MCFADDEN DALE INDUST STOCK PARTS 37460 2315275 18.53 05/22/25 FACTORY MOTOR PARTS PART FOR UNIT 8923 37465 2315263 277.40 05/22/25 SC COMMERCIAL LLC BULK GAS FOR FIRE STATION 1 37529 3953 1,868.23 05/22/25 THEODORE ROBINS FORD PART FOR UNIT 306 37527 2315300 190.70 05/22/25 NAPA AUTO PARTS PART FOR UNIT 8922 37530 2315276 367.42 05/22/25 FACTORY MOTOR PARTS STOCK PARTS 37522 2315263 267.35 05/22/25 FACTORY MOTOR PARTS BATTERY FOR UNIT 405 37524 2315263 121.32 05/22/25 THEODORE ROBINS FORD PART FOR UNIT 8922 37525 2315300 485.80 05/22/25 HUNTINGTON BEACH HON BATTERIES FOR BMW MOTOR CYCLE 37526 2315270 215.37 05/22/25 FACTORY MOTOR PARTS PART FOR UNIT 8927 37523 2315263 166.39 TOTAL PW - FLEET MGMT 5,525.66
11270052 ISF FL PD CAPITAL
05/15/25 AIRWAVE COMMUNICATIO OUTFITTING DURANGO (UNIT 436) 37305 2315176 25,196.11 05/15/25 AIRWAVE COMMUNICATIO OUTFITTING DURANGOS (UNITS 433) 37309 2315176 25,196.11 TOTAL ISF FL PD CAPITAL 50,392.22
11370053 ISF EQ PD R&C CAPITAL
05/15/25 GALLS, LLC VEST - J. LEE 37421 2315199 898.61
TOTAL ISF EQ PD R&C CAPITAL 898.61
11400400 SELF INSURANCE
05/22/25 ATHENS ADMINISTRATOR PREFUNDING CLAIM 37565 3941 281,978.57 TOTAL SELF INSURANCE 281,978.57
11400411 SELF INSURANCE
05/15/25 HARPER AND BURNS, LL APR '25 CLAIMS LITIGATION 37245 2315203 4,581.35 TOTAL SELF INSURANCE 4,581.35
11400430 SELF INSURANCE
05/15/25 TRUST OF PORAC JUNE 2025 - PORAC LTD (ACCT 54541) 37312 3938 1,449.00 05/22/25 FOUNTAIN VALLEY FIRE JUNE 2025 - FVFA LTD 37322 3944 682.50 TOTAL SELF INSURANCE 2,131.50
11500000 ISF EMPLOYEE BENEFITS
05/10/25 CALPERS MAY 2025 - CALPERS MEDICAL 36758 3784 314,127.75 05/15/25 AFLAC MAY'25 AFLAC ACCT HH049 37286 2315175 6,547.11 05/14/25 FOUNTAIN VALLEY POLI PR PPE250509 - DED 8002 37352 3909 2,250.00 05/14/25 FOUNTAIN VALLEY CRED PR PPE250509 - DED 9500 37353 3907 33,081.10 05/14/25 FOUNTAIN VALLEY FIRE PR PPE250509 - DED 8000 37354 3908 2,803.12

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05/15/25 EMPOWER/BENEFITS COR PR PPE250509 - DED 7031, 7032, 7033, 7036 37355 3903 68,735.73 05/15/25 CALIFORNIA STATE DIS PR PPE250509 - DED 6004, 6005, 6007 37356 3904 1,104.35 05/15/25 FRANCHISE TAX BOARD ACCOUNT: 110-09523-33 37357 2315197 598.28 05/14/25 MISSION SQUARE RET P PLAN #803216 - PR PPE250509 - DED 2013, 2015 37358 3911 2,756.17 05/14/25 MISSION SQUARE RET P PLAN #800389 - PR PPE250509 - DED 2011 37359 3912 852.05 05/14/25 MISSION SQUARE RET P PLAN #800414 - PR PPE250509 - DED 2014 37360 3913 218.03 05/14/25 MISSION SQUARE RET P PLAN #108536 - PR PPE250509 - DED 2018 37361 3914 461.52 05/14/25 U.S. BANK N.A. PR PPE250509 - DED 7029, 7030 37362 3918 4,092.33 05/14/25 FVPOA PAC PR PPE250509 - DED 8005 37363 3910 480.00 05/15/25 INTERNAL REVENUE SER PR PPE250509 - DED 1100, 3000 37364 3905 173,675.36 05/15/25 EMPLOYMENT DEVELOPME PR PPE250509 - DED 4000 37365 3906 56,993.42 05/14/25 TEAMSTERS LOCAL UNIO PR PPE250509 - DED 8003 37366 3915 237.50 05/14/25 TEAMSTERS LOCAL UNIO PR PPE250509 - DED 8004 37367 3916 362.50 05/14/25 TEAMSTERS LOCAL UNIO PR PPE250509 - DED 8001 37368 3917 362.50 05/22/25 STANDARD INSURANCE C MAY 2025 - VISION COBRA 37532 2315295 197.08 05/22/25 STANDARD INSURANCE C MAY 2025 - VISION ACTIVE 37533 2315296 2,792.04 TOTAL ISF EMPLOYEE BENEFITS 672,727.94
11500450 EMPLOYEE BENEFITS
05/12/25 CALPERS 2025 RBF CHARGES CTY OF FV 37254 3902 2,772.36 05/10/25 CALPERS MAY 2025 - CALPERS MEDICAL 36758 3784 31,158.25 05/22/25 STERLING HEALTH SERV APR 2025 FSA ADMIN FEES 37311 3955 80.50 05/22/25 BREELER, DAMON TUITION REIMBURSEMENT (ORG 420) 37509 3943 819.80 TOTAL EMPLOYEE BENEFITS 34,830.91
23030313 CDBG NEIGHBOORHOOD REVITA
05/15/25 YOU CHECK CREDIT.COM HIP CREDIT CHECK - APRIL 37258 2315245 9.95 05/22/25 LEIFKES CONSULTING, CDBG HOME IMPROVEMENT PROGRAM 37521 3945 3,440.00 TOTAL CDBG NEIGHBOORHOOD REVITA 3,449.95
24000000 GT NON-DEPARTMENTAL
05/15/25 R J NOBLE CON 1218 RETENTION RELEASE PRJ 37399 3933 140,455.03 TOTAL GT NON-DEPARTMENTAL 140,455.03
24200000 TI NON-DEPARTMENTAL
05/15/25 R J NOBLE CON 1230 RETENTION RELEASE PRJ 37403 3933 82,337.53 TOTAL TI NON-DEPARTMENTAL 82,337.53
30000000 CIP NON-DEPARTMENTAL
05/15/25 DASH CONSTRUCTION CO CON 1430 RETENTION RELEASE PRJ 24010 37405 3923 141,169.26 TOTAL CIP NON-DEPARTMENTAL 141,169.26
30095300 CAPITAL IMP - FACILITIES
05/15/25 INTERWEST CONSULTING MAR 2025 - PD LOCKER IMPROVEMENTS 37329 3927 3,520.00 TOTAL CAPITAL IMP - FACILITIES 3,520.00
30095302 CAPITAL IMP - PAVEMENT REHAB
05/22/25 BUCKNAM INFRASTRUCTU APR 2025 - PAVEMENT MANANAGEMENT PROG 37379 2315251 499.00 TOTAL CAPITAL IMP - PAVEMENT REHAB 499.00
50000000 WF NON-DEPARTMENTAL
05/22/25 UTILITY REFUND UTILITY REFUND - FINALED 4/7/25 36766 2315302 39.69 05/22/25 DEL MAR PETROLEUM UB 1008001000 9020 EDINGER 37019 2315261 324.00

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05/22/25 LOS CABELLEROS REAL UB 4184374000 17200 NEWHOPE 37020 2315272 73.28 05/22/25 GUTSMIEDL, JOHN J JR UB 5092005000 8937 SWORDFISH 37021 2315267 19.26 05/22/25 MAI, LONG UB 7145323000 18699 DIDDY 37564 2315273 6,502.38 TOTAL WF NON-DEPARTMENTAL 6,958.61
50050570 WF WTR PROD. OPNS
05/15/25 GRAINGER, INC. ACID WASH CART 36739 2315200 304.50 05/15/25 ULINE SAMPLE JARS FOR TASTE TEST 37406 2315235 53.07 05/22/25 GRAINGER, INC. CHART RECORDER THERMAL PAPER` 37008 2315265 1,557.51 05/22/25 ULINE ORGANIZATION BINS 37326 2315301 178.52
05/22/25 TESCO CONTROLS, LLC PERSONNEL ACCESS CHANGES 36941 2315297 618.75 05/15/25 VERIZON WIRELESS 3/25/25-4/25/25 CELLS, CPS, USB, MODEMS 37310 2315241 855.79 05/22/25 HARRINGTON INDUSTRIA TANKS FOR ACID WASH CART 37012 2315268 173.07 05/22/25 HARRINGTON INDUSTRIA SKID PROJECT 37323 2315268 3,289.14 05/22/25 CHARTER COMMUNICATIO 5/1 - 5/31/25 SCADA INTERNET 37344 2315256 1,135.00 05/22/25 SO CALIF EDISON CO 4/8/25-5/7/25 RES#2 & WELLS 37531 2315292 81,736.85 TOTAL WF WTR PROD. OPNS 89,902.20
50050571 WF DISTRIBUTION SYSTEM
05/15/25 HANSON AGGREGATES, L WASH CON SAND 37378 2315202 1,173.10 05/22/25 YO FIRE SERVICE MATERIAL 37546 2315306 1,089.78 05/15/25 OMEGA INDUSTRIAL SUP SUPPLIES 37376 3932 1,052.71 05/15/25 UNDERGROUND SERVICE USA DIGALERT 37272 2315236 87.12 05/15/25 UNDERGROUND SERVICE USA DIGALERT 37274 2315236 276.40 05/22/25 YO FIRE SERVICE PARTS 37454 2315306 567.60
05/22/25 YO FIRE SERVICE PARTS 37455 2315306 249.54
05/22/25 YO FIRE SERVICE BRASS 37541 2315306 849.03
05/22/25 GRAINGER, INC. SAFETY EAR PLUGS 37542 2315265 74.66 05/22/25 GRAINGER, INC. PAINT 37543 2315265 1,467.28
TOTAL WF DISTRIBUTION SYSTEM 6,887.22
50050572 WF WTR QUAL & TREATMENT
05/15/25 GALLADE CHEMICAL, IN CHLORINE BLEACH FOR DISINFECTION 37397 2315198 97.88 TOTAL WF WTR QUAL & TREATMENT 97.88
50050574 WF METER M & R
05/22/25 AQUA-METRIC SALES METERS AND METER PARTS 37478 2315248 1,048.76 05/22/25 AQUA-METRIC SALES METERS AND METER PARTS 37445 2315248 4,726.82 05/15/25 AQUA-METRIC SALES METERS AND METER PARTS 37375 2315182 3,143.49 TOTAL WF METER M & R 8,919.07
50095001 WATER FUND
05/15/25 PSOMAS APR 2025 - MT BALDY EUCLID WATERLINE 37330 2315213 6,324.92 TOTAL WATER FUND 6,324.92
50150580 SF SEWER MAINTENANCE
05/22/25 SO CALIF EDISON CO 4/15/25-5/13/25 SEWER LIFT STATION 37514 2315291 464.92 TOTAL SF SEWER MAINTENANCE 464.92
60000000 CUSTODIAL - ASSET SEIZURE
05/15/25 CITY OF FOUNTAIN VAL PD ASSET SEIZURE DR#25-13566 TRAN, MINH 37350 2315188 21,894.00 TOTAL CUSTODIAL - ASSET SEIZURE 21,894.00

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TOTAL $2,070,290.02

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 17, 2025
Members of the City Council
SUBJECT: Release of Subdivision Improvements Securities – Tract No. 19069 Adopt A Resolution of the City Council of the City of Fountain Valley Authorizing the Release of Improvement Securities for Tract 19069.

Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☒ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:

Subdivider Brookfield Homes Southern California, LLC (“Subdivider”), for Tract No. 19069 entered into a Subdivision Improvement Agreement with the City of Fountain Valley (“City”) as a condition of the final map approval. In accordance with that agreement, Subdivider furnished a Performance Bond, a Labor and Materials Bond and a Monumentation Bond to guarantee completion of the improvements.

The improvements have been completed to the satisfaction of the City Engineer, and the required one-year maintenance period has expired without defect or claim. Staff therefore recommends that City Council adopt A Resolution of the City Council of the City of Fountain Valley Authorizing the Release of Improvement Securities for Tract 19069.

DISCUSSION:

On December 7, 2021, the City entered into a Subdivision Agreement with Subdivider for Tract No. 19069. The Agreement required Subdivider to complete various public improvements. The Subdivider provided the following bonds under the Subdivision Improvement Agreement:
 Performance Bond; $2,136,965
 Labor and Materials Bond: $2,136,965
 Monumentation Bond: $5,000

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Approve Resolution of the City Council of the City of Fountain Valley Authorizing the Release of Improvement Securities for Tract 19069
June 17, 2025

Page 2 ends

These bonds guaranteed the construction of the improvements as well as the placement of the final survey monuments and centerline ties.

The improvement securities must be released upon satisfactory completion and acceptance of the improvements. The City Engineer has verified that all improvements were completed and has confirmed that the one-year maintenance period required under the Agreement has expired without defect or claims, and all required monumentation has been completed.

Accordingly, staff recommends that the City Council adopt A Resolution of the City Council of the City of Fountain Valley Authorizing the Release of Improvement Securities for Tract 19069.

FISCAL REVIEW:

There is no fiscal impact to the City.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

Attorneys for the City have reviewed and approved the recommendation.

ALTERNATIVES:

Alternative No. 1: Adopt A Resolution of the City Council of the City of Fountain Valley Authorizing the Release of Improvement Securities for Tract 19069.

Alternative No. 2: Do not adopt A Resolution of the City Council of the City of Fountain Valley Authorizing the Release of Improvement Securities for Tract 19069.

RECOMMENDATION:

Staff is requesting City Council’s approval of Alternative No. 1 to Adopt A Resolution Of the City Council of the City of Fountain Valley Authorizing the Release of Improvement Securities for Tract 19069.

Prepared by: Vanessa Lassooy, Attorneys for the City
Reviewed by: Kyle Hilton, Associate Engineer
Fiscal review by: Ryan Smith, Finance Director / City Treasurer

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Approve Resolution of the City Council of the City of Fountain Valley Authorizing the Release of Improvement Securities for Tract 19069
June 17, 2025

Page 3 ends

Approved by: Maggie Le, City Manager
Attachments:

1. Resolution

2. Subdivision Improvement Agreement

Page 36 ends

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY AUTHORIZING THE RELEASE OF IMPROVEMENT SECURITIES FOR TRACT 19069 WHEREAS, the Subdivider Brookfield Homes Southern California, LLC (“Subdivider”), prepared and filed a final subdivision map for Tract 19069; and WHEREAS, as a condition precident to approval of the final map, the Subdivider entered into a Subdivision Improvement agreement with the City in accordance with the Subdivision Map Act; and
WHEREAS, the Subdivider furnished a performance bond and a labor and materials bond, each in the amount of $2,136,965 and a monumentation bond of $5,000; and
WHEREAS, the City Engineer has verified that all required improvements have been completed in accordance with the approved improvement plans, and the one-year maintenance period has expired without defect or claim; and WHEREAS, the City desires to release the improvement securities upon satisfactory completion and acceptance of the improvements; THEREFORE, BE IT RESOLVED THAT the Fountain Valley City Council hereby:

1. All required improvements for Tract No. 19069 have been completed and accepted by the City

2. The City Council hereby authorizes the release of the following securities:
 A performance bond in the amount of $2,136,965
 A labor and maintenance bond in the amount of $2,136,965  A monumentation bond in the amount $5,000

3. The City Clerk is directed to provide notice of this action to the Subdivider and the applicable surety companies.
.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Fountain Valley, California, held on June 17, 2025, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

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ATTEST:
___________________________ _________________________
Rick Miller, City Clerk Ted Bui, Mayor
APPROVED AS TO FORM:

HARPER & BURNS LLP
____________________________
Vanessa Lassooy, Attorneys for the City

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: The Honorable Mayor and Agenda Date: June 17, 2025
Members of the City Council
Subject: Extend Contract # 22-40 from July 1, 2025, through June 30, 2027, with All City Management Services (ACMS) School Year 2025-2026 in the amount of $204,114.38 and School Year 2026-2027 in the amount of $211,154.26 EXECUTIVE SUMMARY:

In 2022, All City Management Services (ACMS) was selected by Staff to provide crossing guard services at nine locations within Fountain Valley. These locations employ 11 crossing guards and serve schools in both the Fountain Valley and Garden Grove Unified School Districts. The current contract with ACMS is set to expire on June 30, 2025. Staff recommends extending this contract for an additional two-year term to ensure the continued safety of students in the City.

DISCUSSION:

The City’s partnership with ACMS began in 2022. The vendor employs 11 crossing guards in nine locations throughout the City. Over the last several years, ACMS has provided a safe and professional school crossing guard program. ACMS has been responsive to community concerns and has collaborated well with school administration, parents, and the Fountain Valley Police Department.

At the start of the 2024/2025 school year, the Fountain Valley Police Department received several complaints about insufficient crossing guard coverage at various school locations. Upon investigation, it was found that school hours had changed at the middle and elementary schools. To address this, Staff collaborated with ACMS to modify the crossing guard schedules, aiming to enhance coverage at the affected schools. ACMS was very cooperative and adjusted their crossing guard hours accordingly with no additional cost. Throughout this process, ACMS adopted a solution-oriented approach and promptly addressed community concerns.

The Fountain Valley Police Department recently spoke to several school administrators about their experiences with ACMS. The comments received highlighted the professionalism of ACMS, their punctuality in ensuring they are at their posts on time, and most importantly, their consistent prioritization of student safety.

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Council Action Request

ALL CITY MANAGEMENT SERVICES
June 17, 2025

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FINANCIAL ANALYSIS:

ACMS provided updated pricing for School Years 2025-2026 and 2026-2027. These amounts have already been included with the proposed FY 2025-27 budget. The cost will be expensed to Police Department Traffic Non-Professional account 100.70.70702.53006.

ATTORNEY REVIEW:

The Attorney for the City has reviewed this Council Action Request and concurs.

PUBLIC NOTIFICATION:

Public notification was accomplished through the normal agenda process.

ALTERNATIVES:

Alternative No. 1: Approve a two-year extension with All City Management Services to perform crossing guard services beginning with School Year 2025-2026 and concluding with School Year 2026-2027, with the option to extend the contract for one additional two-year term.

Alternative No. 2: Do not approve a two-year extension with All City Management Services to perform crossing guard services beginning with School Year 2025-2026 and concluding with School Year 2026-2027, with the option to extend the contract for one additional two-year term.

RECOMMENDATION:

Staff recommends a two-year extension with All City Management Services to perform crossing guard services beginning with School Year 2025-2026 and concluding with School Year 2026-2027, with the option to extend the contract for one additional twoyear term.

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Council Action Request

ALL CITY MANAGEMENT SERVICES
June 17, 2025

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Prepared by: Jarrod Frahm, Police Lieutenant
Approved by: Rodney Cox, Interim Chief of Police
Fiscal Review by: Ryan Smith, Finance Director
Procurement By: Amanda McCall, Finance Mgmt Analyst/Purchasing Officer Legal Review by: Colin Burns, Attorney for the City
Approved by: Maggie Le, City Manager
Attachments:

A: Contract with All City Management Services (Contract #22-40) B: All City Management Services Cost Proposal (2025-2027)

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AMENDMENT NO. 1 TO CON 22-40 FOR CROSSING GUARD SERVICES This FIRST AMENDMENT to CON-22-40 is made and entered into this 17th day of June, 2025, by and between the City of Fountain Valley, a municipal corporation (hereinafter “CITY” and All City Management Services, Inc., a corporation (hereinafter “CONTRACTOR”.

Recitals
WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for Crossing Guard Services CON-22-40 dated July 1, 2022, (“AGREEMENT”; and WHEREAS, the AGREEMENT was for a term of three years, ending June 30, 2025; and WHEREAS, the AGREEMENT provided CITY an option, with CONTRACTOR concurrence, to extend the AGREEMENT for two additional two year terms; and WHEREAS, CONTRACTOR has demonstrated superior performance in providing services; and
WHEREAS, the parties do now desire to enter into the first two-year extension, extending the term of the AGREEMENT until June 30, 2027, and to provide for CONTRACTOR’s compensation during said two year term. (“FIRST AMENDMENT”.

NOW, THEREFORE, the parties hereto agree as follows:

1. That the term of the AGREEMENT shall be extended until and including June 30, 2027.

2. That the compensation provided to CONTRACTOR for work performed during said two-year extension shall be as provided in Attachment “A”.

3. Except as provided in this FIRST AMENDMENT, all other terms and conditions of the AGREEMENT shall remain in effect.

In witness whereof, the parties hereto have entered into this FIRST AMENDMENT the date and year first above written.

ATTEST: CITY OF FOUNTAIN VALLEY
________________________________ ________________________________________ City Clerk Mayor
APPROVED AS TO FORM: CONTRACTOR:
_______________________________ _______________________________________ Attorney for the City Owner

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ATTACHMENT A

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ATTACHMENT A

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 17, 2025
Members of the City Council
SUBJECT: Award a contract to Merchants Landscape Services, Inc. in an annual amount not to exceed $1,018,139.93 for Sports Park, Parks, and Civic Facilities Landscape Maintenance Services
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:

Staff is requesting that the City Council award a contract to Merchants Landscape Services, Inc. in an annual amount not to exceed $1,018,139.93 for Sports Park, Parks, and Civic Facilities Landscape Maintenance Services.

The City’s current contract for landscape maintenance services at the Sports Park, parks, and Civic Facilities expires on June 30, 2025, and there are no extensions remaining on the contract. Therefore, Public Works staff, with input from Community Services, issued a comprehensive request for proposal (RFP) that detailed the scope of work for the Sports Park, Parks, and Civic facilities Landscape Maintenance Services, to which the City received nine (9) proposals on April 9, 2025.

After carefully evaluating the proposals utilizing a Best Value methodology, City staff is recommending that Merchants Landscape Services, Inc. (Merchants) be awarded the contract for landscape maintenance services at the Sports Park, parks, and Civic facilities. They are the City’s current contractor and have proven their ability to provide the required services to the City’s satisfaction over the past six (6) years. Merchants has the staff, equipment, and expertise to meet the City’s landscape maintenance needs and provide quality service. They were the highest ranked firm based upon the evaluation criteria, submitted the lowest cost proposal of the top three (3) companies, and agreed to reduce their base bid amounts for the

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Sports Park (Schedule A), parks (Schedule B), and Civic facilities (Schedule C) by 5%, for a total reduction of $43,994.85.

The resulting total annual cost of the contract is an amount not to exceed $1,018,139.93, which includes a contingency of $36,750 for extra work and $135,678 for optional work.

DISCUSSION:

Fountain Valley has contracted for landscape maintenance services at the Sports Park since 2013 and Parks and Civic Facilities since 2010 as a cost-saving measure. After a thorough evaluation of services performed, cost, and contract administration, it was decided in 2019 to combine the landscape maintenance at the Sports Park, parks, and Civic facilities into one (1) contract. This enabled the City to take advantage of economies of scale, a larger group of contract employees for special projects and events, and more efficient contract management.

The current contract with Merchants Landscape Services, Inc. (CON-19-28 / #1085) for landscape maintenance services at the Sports Park, parks, and Civic facilities expires on June 30, 2025, and there are no extensions remaining on the contract. Therefore, the City must seek a new contract at this time.

Public Works staff, with input from Community Services, developed a comprehensive request for proposal (RFP 25-001) that detailed the scope of work for Sports Park, parks, and Civic Facilities Landscape Maintenance Services. The scope of work covered all landscape maintenance at the Sports Park, 18 neighborhood parks, the City Hall Campus, Founders Village, Fire Station Nos. 1 and 2, and Reservoir No. 1, including:
 General/daily maintenance
 Chemical application
 Weed and pest control
 Turf mowing and edging
 Turf renovation and aeration
 Fertilization and fertigation
 Shrub and groundcover
maintenance
 Irrigation and irrigation maintenance
 Sports field maintenance
 Hardscape maintenance
 Playground maintenance
Spraying of synthetic weed control along the City’s residential and commercial right-of-ways twice a year was also included in the scope of work.

In addition to the core maintenance services identified above, the City incorporated $36,750 in contingency funds for extra work ($15,750 for the Sports Park; $21,000 for Parks) and requested pricing for additional turf renovation following high impact special events at the Sports Park, such as Summerfest, The Crawfish Festival, and The Lobster Festival, and additional infield prep for the City’s baseball and softball fields during tournaments. These additional services are optional and not guaranteed, but may be awarded to the Contractor, or other forces, by the Director of Public Works or his/her authorized representative at his/her discretion on an as needed basis during the term of the contract.

The additional infield prep was not included in the previous contract and was added to the RFP at the request of the Community Services Department. They currently have staff working late

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into the night prepping infields for tournaments. Their desire is to have professional landscape workers do the additional infield prep to reduce the burden on their limited staff.

In accordance with the City’s Purchasing Policies, the City of Fountain Valley issued RFP 25- 001 for Sports Park, Parks, and Civic Facilities Landscape Maintenance Services on March 5, 2025. The RFP was publicly advertised through PlanetBids with an invitation through the City’s website. Thirty (30) contractors were interested and downloaded the RFP. Sixteen (16) contractors attended the mandatory pre-proposal meeting at the Fountain Valley Recreation Center on March 17, 2025. The RFP closed on April 9, 2025, and nine (9) landscape companies submitted proposals.

The proposals were evaluated and rated utilizing a Best Value methodology based on the following evaluation criteria:

1. Ability to Provide Service 50%

2. Previous Performance & References 10%

3. Responsiveness to Specifications 5%

4. Unspecified Value-Added Offerings 5%

5. Annual Cost _30%
100%
During the initial evaluation of the proposals, a panel of three staff members scored each proposal on a ten (10) point scale for criteria 1-4 above. The scores were calculated utilizing the weighted score and placed highest to lowest score. The 3 lowest scores were eliminated from cost opening. Then the cost proposals submitted were opened, scored, and added to the proposal scores to get a complete average weighted score for each company. The evaluation results are shown below.

Landscape Company Criteria 1-4
Average
Weighted
Score
(Max. 700)
Cost
Average
Weighted
Score
(Max. 300)
Total
Average
Weighted
Score
(Max. 1000)
Merchants Landscape Services, Inc. 605.00 227.45 832.45 Mariposa Landscapes, Inc. 596.67 202.06 798.73
Nieves Landscape, LLC 571.66 211.57 783.23
DMS Facility Services 436.67 300.00 736.67
SGD Enterprises 436.66 163.93 600.59
Parkwood Landscape Maintenance Inc. 423.33 148.29 571.62 EMTS, Inc. 370.01 0*
Greenfield Management 315.01 0*
Evolution Landscaping, Inc. 288.33 0*
*Did not meet minimum requirements. Excluded from cost opening.

The top three (3) companies with total weighted scores of 750 (75%) or above moved on to the interview phase, which consisted of each company being given an opportunity to do a

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presentation and the evaluators asking each company the same set of questions to clarify their experience/qualifications, proposed workforce, equipment, and cost/fees.

Following the interviews, the City entered into negotiations with Merchants Landscape Services, Inc. (Merchants), the highest ranked company based upon the Best Value evaluation. Although Merchants submitted the lowest cost proposal of the top three companies, staff asked them to reconsider their proposal because the City was facing budget restrictions in FY 25/26 and FY 26/27. Merchants responded by offering to reduce their base bid amounts for the Sports Park (Schedule A), Parks (Schedule B), and Civic Facilities (Schedule C) by 5%, for a total reduction of $43,994.85.

Merchants is a large landscape maintenance company that provides similar services to a number of municipal agencies. They are the City’s current contractor for Sports Park, Parks, and Civic Facilities and have proven their ability to provide the required services to the City’s satisfaction over the past six years. Merchants has the staff, equipment, and expertise to meet the City’s landscape maintenance needs and provide quality service.

After carefully evaluating the written proposals, factoring in the cost proposals, and interviewing the top three (3) companies, staff is recommending that Merchants be awarded the Sports Park, Parks, and Civic Facilities Landscape Maintenance Services contract.

The new contract with Merchants will support the City’s strategic goal of enhancing the culture and environment of “A Nice Place to Live” by maintaining the landscape, hardscape, athletic fields, and playgrounds at the City’s Sports Park, Parks, and Civic Facilities in a safe, healthy, sustainable, and attractive condition for the purpose of community enjoyment. It will also support the City’s strategic goal of attracting and retaining revenue producing businesses / opportunities that utilize the Sports Park for special events and sports activities. In addition, the spraying of synthetic weed control chemicals along the City’s residential and commercial right-of-ways will support the City’s strategic goal of maintaining infrastructure to support growth and future needs of the City by killing weeds that can damage the City’s roads, curbs, gutters, and sidewalks.

FISCAL REVIEW:

The total annual cost of the new contract is an amount not to exceed $1,018,139.93, which includes a contingency of $36,750 and $135,678 for optional work. This is an increase of 17% ($144,897.21) over the previous annual contract amount of $873,242.72. It will be expensed to three separate Public Works’ Service Contract accounts within the General Fund: Sports Park (100.50.50558.53010), Parks & Civic Facilities (100.50.50552.53010), and Medians & ROW (100.50.50550.53010). The full financial impact of the new contract will not exceed $2,036,279.86 for the two-year term.

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New Contract Summary
Sports Park, Parks, and Civic Facilities Landscape Maintenance Services FY 25/26 FY 26/27
Adopted Budget $846,934.00 $879,699.00
Total – Base Contract $845,711.93 $845,711.93
Difference – Budget and Base Contract $1,222.07 $33,987.07 Total Unfunded – Optional Work $172,428.00 $172,428.00
Total Contract Value (including optional work) $1,018,139.93 $1,018,139.93 New Contract Breakdown
General Fund
Public Works Department – Sports Park – Service Contracts 100.50.50558.53010
FY 25/26 FY 26/27
Sports Park – Adopted Budget $521,900.00 $526,572.00
Sports Park – Base Contract $521,886.21 $521,886.21
Difference - Budget and Base Contract $13.79 $4,685.79
Unfunded Optional Work
Sports Park – Extra Work “Contingency” $15,750.00 $15,750.00 Sports Park – Additional Turf Renovation $95,878.00 $95,878.00 Sports Park – Additional Infield Prep $30,000.00 $30,000.00 Sub-Total of Optional Work $141,628.00 $141,628.00
Contract Value (including optional work) $663,514.21 $663,514.21 General Fund
Public Works Department – Parks & Civic Facilities – Service Contracts 100.50.50552.53010
FY 25/26 FY 26/27
Parks & Civic Facilities – Adopted Budget $314,450.00 $314,450.00 Parks – Base Contract $263,823.24 $263,823.24
Civic Facilities – Base Contract $50,202.48 $50,202.48
Sub-Total of Base Contracts $314,025.72 $314,025.72
Difference - Budget and Base Contract $424.28 $424.28
Unfunded Optional Work
Parks – Extra Work “Contingency” $21,000.00 $21,000.00
Contract Value (including optional work) $335,025.72 $335,025.72

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General Fund
Public Works Department – Medians & ROW – Service Contracts 100.50.50550.53010
FY 25/26 FY 26/27
Weed Control Spraying – Adopted Budget $10,584.00 $38,677.00 Weed Control Spraying – Base Contract $9,800.00 $9,800.00 Difference – Budget and Base Contract $784.00 $28,877.00 Unfunded Optional Work
Weed Control Spraying – Second Application $9,800.00 $9,800.00 Contract Value (including optional work) $19,600.00 $19,600.00 The adopted FY 25/26 and FY 26/27 budgets include sufficient funding for the base contract.

Optional work has not been included in the FY 25/26 or FY 26/27 budgets. If the new contract is approved by City Council, staff will issue a purchase order (PO) for the base contract amount. The following items are not included in the adopted budget and will be excluded from the initial PO:

Sports Park – Extra Work “Contingency“ $ 15,750
Sports Park – Additional Turf Renovation $ 95,878
Sports Park – Additional Infield Prep $ 30,000
Parks – Extra Work “Contingency” $ 21,000
Weed Control Spraying – Second Application $ 9,800
Total $172,428
At mid-year, staff will reevaluate the budget to see if additional funding is available to be added to the respective accounts to fund some or all of the optional work items.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the contract.

ALTERNATIVES:

Alternative No. 1: Award a contract to Merchants Landscape Services, Inc. in an annual amount not to exceed $1,018,139.93 for Sports Park, Parks, and Civic Facilities Landscape Maintenance Services.

Alternative No. 2: Do not award a contract to Merchants Landscape Services, Inc. for Sports Park, Parks, and Civic Facilities Landscape Maintenance Services, and direct staff to perform the necessary landscape maintenance services with City staff and equipment. This is not

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recommended, as the City does not have the staff or equipment to perform the work needed. In order to implement this alternative, the City would need to hire additional staff and purchase new equipment and vehicles.

Alternative No. 3: Reject the proposals received in response to Request for Proposal (RFP) #25-001, and direct staff to issue a new RFP for Sports Park, Parks, and Civic Facilities Landscape Maintenance with reduced levels of service. This is not recommended as regular landscape maintenance is necessary to maintain the Sports Park, Parks, and Civic Facilities in a safe, healthy, sustainable, and attractive condition for the purpose of community enjoyment.

RECOMMENDATION:

Staff is requesting that the City Council approve Alternative No. 1, which is to award a contract to Merchants Landscape Services, Inc. in an annual amount not to exceed $1,018,139.93 for Sports Park, Parks, and Civic Facilities Landscape Maintenance Services.

Prepared by: Christine Smith, Senior Management Analyst Reviewed by: Mark Sprague, Field Services Manager
Approved by: Scott Smith, Director of Public Works
Fiscal review by: Ryan Smith, Finance Director / City Treasurer Approved by: Maggie Le, City Manager
Attachment:

1. Contract

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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.

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CONTRACT
CONTRACT #_________
This AGREEMENT is made and entered into this 17th day of _June_, 2025, by and between the CITY OF FOUNTAIN VALLEY, hereinafter referred to as “CITY,” and Merchants Landscape Services, Inc., 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 NINE HUNDRED EIGHTY-ONE THOUSAND THREE HUNDRED EIGHTYNINE AND 93/100 DOLLARS ($981,389.93) 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 as provided herein, including a provision for a Consumer Price Index (CPI) adjustment in the cost

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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.

All contractors and subcontractors working on this job shall be registered with the Department of Industrial Relations using online form 100.

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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 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.

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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

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

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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.

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

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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 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

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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 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

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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 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

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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.

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

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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 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.”

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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 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

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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.

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:

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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 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;

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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 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.

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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: Mark Brower, President
Merchants Landscape Services, Inc.
1510 S. Lyon Street
Santa Ana, California 92705

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 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.
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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.

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EXHIBIT A

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City of Fountain Valley
Sports Park, Parks, and Civic Facilities Landscape Maintenance Services (RFP 25-001) - Revised Bid Item # Item Code Type Item Description UOM Qty Unit Price Line Total $ 537,636.21
1 General / Daily Maintenance - Approx. 78.09 Acres Per Month 12 $ 5,249.85 $ 62,998.20 2 Chemical Application / Pest Control Per Month 12 $ 898.88 $ 10,786.56 3 Turf Mowing & Edging Per Month 12 $ 8,548.29 $ 102,579.48 4 Turf Renovation / Aeration / Dethatching Per Month 12 $ 13,623.80 $ 163,485.60 5 Fertigation & Fertigation System Maintenance Each 9 $ 1,162.33 $ 10,460.97 6 Shrub, Groundcover & Tree Maintenance Per Month 12 $ 4,800.43 $ 57,605.16 7 Irrigation & Irrigation Maintenance Per Month 12 $ 2,324.66 $ 27,895.92 8 Sports Field Maintenance Per Month 12 $ 3,272.60 $ 39,271.20 9 Infield Maintenance Per Month 12 $ 3,900.26 $ 46,803.12 10 Extra Work (Contingency Max $15,750) Set Amount 15750 $ 1.00 $ 15,750.00 $ 284,823.24
11 Allen Park - Approx. 3.90 Acres Per Month 12 $ 1,093.88 $ 13,126.56 12 Colony Park - Approx. 0.68 Acres Per Month 12 $ 297.05 $ 3,564.60 13 Cordata Park - Approx. 6.23 Acres Per Month 12 $ 1,542.02 $ 18,504.24 14 Courreges Park - Approx. 12.31 Acres Per Month 12 $ 3,047.89 $ 36,574.68 15 Ellis Park - Approx. 3.02 Acres Per Month 12 $ 736.15 $ 8,833.80 16 Fulton Park - Approx. 13.27 Acres Per Month 12 $ 3,280.35 $ 39,364.20 17 Harper Park - Approx. 8.14 Acres Per Month 12 $ 2,014.70 $ 24,176.40 18 Helm Park - Approx. 3.10 Acres Per Month 12 $ 831.71 $ 9,980.52 19 La Capilla Park - Approx. 2.37 Acres Per Month 12 $ 586.33 $ 7,035.96 20 Los Alamos Park - Approx. 3.99 Acres Per Month 12 $ 986.68 $ 11,840.16 21 McDowell Park - Approx. 1.00 Acre Per Month 12 $ 375.82 $ 4,509.84 22 Moiola Park - Approx. 1.12 Acres Per Month 12 $ 1,186.01 $ 14,232.12 23 Monroe Park - Approx. 3.80 Acres Per Month 12 $ 940.21 $ 11,282.52 24 Nieblas Park - Approx. 1.00 Acre Per Month 12 $ 375.82 $ 4,509.84 25 Plavan Park - Approx. 2.06 Acres Per Month 12 $ 573.41 $ 6,880.92 26 Stonecress Park - Approx. 2.22 Acres Per Month 12 $ 548.87 $ 6,586.44 27 Vista View Park - Approx. 3.03 Acres Per Month 12 $ 749.06 $ 8,988.72 28 Westmont Park - Approx. 11.39 Acres Per Month 12 $ 2,819.31 $ 33,831.72 29 Extra Work (Contingency Max $21,000) Set Amount 21000 $1.00 $ 21,000.00 $ 50,202.48
30 City Hall Campus - Approx. 10.30 Acres Per Month 12 $ 2,686.27 $ 32,235.24 31 Founders Village - Approx. 2.80 Acres Per Month 12 $ 710.32 $ 8,523.84 32 Fire Station No. 1 - Approx. 0.49 Acres Per Month 12 $ 51.66 $ 619.92 33 Fire Station No. 2 - Approx. 0.41 Acres Per Month 12 $ 43.04 $ 516.48 34 Reservoir No. 1 - Approx. 2.80 Acres Per Month 12 $ 692.25 $ 8,307.00 $ 19,600.00
35 Residential Quadrants - Approx. 280 Curb Miles Each 2 $ 9,500.00 $ 19,000.00 36 Commerical Quadrants - Appox. 3.5 Curb Miles Each 2 $ 300.00 $ 600.00 $ 95,878.00
37 Sports Park - Field A - Approx. 1.5 Acres Each 1 $ 12,361.00 $ 12,361.00 38 Sports Park - Fields B & C - Approx. 3.0 Acres Each 1 $ 24,681.00 $ 24,681.00 39 Sports Park - Field D & Great Lawn - Approx. 2.9 Acres Each 1 $ 24,336.00 $ 24,336.00 40 Additional Sod - Bermuda Tifway 419 1" Cut Large Roll Per Sq. Ft. 15,000 $ 2.30 $ 34,500.00 $ 45,000.00
41 Infield Prep Scheduled for Early AM Hours Each 300 $ 50.00 $ 15,000.00 42 Infield Prep Scheduled for Late PM Hours Each 300 $ 100.00 $ 30,000.00 $ 1,033,139.93
Schedule F - Additional Infield Prep
Grand Total
Schedule A - Sports Park - Base Bid
Schedule B - Parks - Base Bid
Schedule C - Civic Facilities - Base Bid
Schedule D - Spraying - Base Bid
Schedule E - Additional Turf Renovation

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City of Fountain Valley
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Date Issued: March 5, 2025
City of Fountain Valley
Electronic Submittal of Request for Proposal
RFP 25-001
Sports Park, Parks, and Civic Facilities
Landscape Maintenance Services
Pre-Proposal Meeting (MANDATORY):
1:00 p.m. (PST), Monday, March 17, 2025
Location: Fountain Valley Recreation Center
16400 Brookhurst St., Fountain Valley, CA 92708
Questions Deadline:
4:00 p.m. (PST), Monday, March 24, 2025
Proposals Due Date:
4:00 p.m. (PST), Wednesday, April 9, 2025
City Contact:

Amanda McCall, Mgmt. Analyst / Purchasing Officer
email: [email protected]
Phone No. (714) 593-4413
CITY OF FOUNTAIN VALLEY’S ELECTRONIC BIDDING SITE, PLANETBIDS *Read Upload Instructions*
for important information on the best time to upload proposals

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RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services March 2025 – City of Fountain Valley 2 | P a g e
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RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services March 2025 – City of Fountain Valley 3 | P a g e

CITY OF FOUNTAIN VALLEY

REQUEST FOR PROPOSAL

SPORTS PARK, PARKS, AND CIVIC FACILITIES

LANDSCAPE MAINTENANCE SERVICES
The City of Fountain Valley (hereinafter referred to as “City”) is soliciting proposals from qualified contractors to provide professional landscape maintenance services at the Sports Park, Parks, and Civic Facilities. This request for proposal (RFP) is intended for contractors that possess a valid Class C27 – Landscaping license and a minimum of 5 years in business performing commercial landscape maintenance services similar to the scope of work required.

The objective is to maintain the landscape, hardscape, athletic fields, and playgrounds at the City’s Sports Park, Parks, and Civic Facilities in a safe, healthy, sustainable, and attractive condition for the purpose of community enjoyment. 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 and another seven (7) full-time maintenance workers for the Parks & Civic Facilities.

The selected contractor will perform the landscape maintenance services under the general direction of the Director of Public Works or his/her authorized representative in accordance with the terms of the Contract and the General and Special Provisions. The Contract will be effective July 1, 2025, and will have an initial term of two (2) years, with the option for two (2) two-year extensions.

This RFP describes the project, the required scope of the services, the selection process, and the minimum information that must be included in the proposal. Failure to submit information in accordance with the RFP requirements and procedures may be cause for disqualification.

A MANDATORY pre-proposal meeting and tour of the Sports Park is scheduled for 1:00 p.m. (PST) on Monday, March 17, 2025, at the Fountain Valley Recreation Center, located at 16400 Brookhurst Street, Fountain Valley, CA. Contractors that arrive later than the 1:00 p.m. start time will not be admitted to the mandatory pre-proposal meeting and tour. Any contractor who does not attend the mandatory pre-proposal meeting and Sports Park tour will have their proposal rejected. Contractors should allow 3 hours for the mandatory preproposal meeting and Sports Park tour.

I. ABOUT THE CITY
The City of Fountain Valley is a general law city that has operated under the council-manager form of government since its incorporation in 1957. The City is located in Orange County, California, roughly 30 miles southeast of Los Angeles and 90 miles northwest of San Diego.

The City has an estimated population of 56,920 and covers a land area of 9.75 square miles.

Fountain Valley is a full-service city that provides a wide range of municipal services that help keep the City “A Nice Place to Live.” These services include, but are not limited to: police and fire protection; water and sewer utilities; infrastructure and maintenance services; environmental protection; building and safety; land use planning and zoning; housing and community development; and recreational activities.

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II. PROJECT DESCRIPTION
The City of Fountain Valley is seeking proposals from qualified contractors for professional landscape maintenance services. The objective is to maintain the landscape, hardscape, athletic fields, and playgrounds at the City’s Sports Park, Parks, and Civic Facilities in a safe, healthy, sustainable, and attractive condition for the purpose of community enjoyment.

The selected contractor will perform the services under the general direction of the Director of Public Works or his/her authorized representative. The Contract shall commence on July 1, 2025, and shall remain in full force and effect for a two-year period ending June 30, 2027, with the option for two (2) two-year extensions.

The City, at its option and with Contractor concurrence, may extend the term of the Contract for two (2) additional two-year periods on the same terms and conditions, including a provision for a Consumer Price Index (CPI) adjustment in the cost of the contract. If agreed to, Contract Extension No. 1 would be effective July 1, 2027, through June 30, 2029, and the CPI adjustment would be based on the published CPI from July 2025 to November 2026. If agreed to, Contract Extension No. 2 would be effective July 1, 2029, through June 30, 2031, and the CPI adjustment would be based on the published CPI from November 2026 to November 2028. This option may be exercised only if the Contractor demonstrates superior performance in providing services.

Compensation increases shall only be considered at the expiration of each contract period.

If an increase in compensation for service in succeeding option periods is requested, the Contractor must submit a written request, along with detailed supporting documentation to justify the rate increase, at least six (6) months before the end of the then-current term. The request for an increase in compensation is subject to negotiation or rejection by the City. The contract compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the Consumer Price Index for All Urban Consumers (CPI-U) for Los Angeles-Long Beach-Anaheim, CA, all items index, not seasonally adjusted, changes over the previous contract period as published by the U.S. Bureau of Labor Statistics https://www.bls.gov/regions/west/news-release/ConsumerPriceIndex_LosAngeles.htm .

III. SCOPE OF WORK
The City of Fountain Valley is soliciting landscape maintenance services for the Sports Park, Parks, and Civic Facilities. The work shall consist of furnishing all labor, materials, tools, equipment, appurtenances, and incidentals required to perform the maintenance services as set forth in the General and Special Provisions included in this RFP and in keeping with the highest standards of quality and performance.

The work to be performed under this Contract shall consist of providing the contractually required landscape/hardscape maintenance, athletic field maintenance, synthetic weed control spraying, and associated maintenance services for the City of Fountain Valley, California, in pre-designated areas of the City (Schedules A-D) at City determined frequencies and at City selected hours of each day of the week. Schedule “E” – Additional Turf Renovation and Schedule “F” – Additional Infield Prep may be awarded by the City, but is not guaranteed. Work areas include, but are not limited to, the Sports Park, Parks, Civic Facilities, other developed landscaping/open space as detailed in the Contract, and/or Residential and Commercial Quadrants. Landscape maintenance shall consist of, but not be limited to, turf mowing and renovation, weeding, field marking, infield maintenance and

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RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services March 2025 – City of Fountain Valley 5 | P a g e
renovation, shrub pruning, groundcover trimming, litter pickup, trash removal, hardscape and sidewalk sweeping and cleaning, irrigation maintenance/repair, fertilization, fertigation, chemical application, pest control, legal disposal of all materials, shrub planting, plant removal, application of City supplied mulch, playground maintenance, cleaning of appurtenances, and other work as may be requested by the City, in accordance with the requirements set forth for each individual area as detailed in this Contract. All work will be in compliance with all applicable local, state, and federal regulations for the prevention of water and air pollution.

IV. 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. Contractor shall pay prevailing wages, unless exempt. All contractors and subcontractors working on this job shall be registered with the Department of Industrial Relations. Refer to the Sample Contract for details.

Proposals shall not be accepted if the contractor and all subcontractors are not registered with the Department of Industrial Relations. City shall file a DIR Form 100 upon awarding a job. (Labor Code, § 1725.5.) No contract shall be awarded to Contractor unless contractor and all its subcontractors are registered with the Department of Industrial Relations. (Labor Code, § 1725.5.) This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

V. QUALIFICATIONS
In accordance with the provisions of Section 3300 of the Public Contract Code, the City has determined that the Contractor shall possess a valid Class C27 – Landscaping license at the time that the Contract is awarded. Failure to possess the specified license shall render the proposal as not responsible and/or non-responsive and shall act as a bar to award the Contract to any contractor not possessing said license at the time of award.

The Contractor shall have a Pest Control Advisor and/or Qualified Applicator Licensed (QAL) / Qualified Applicator Certified (QAC) applicator to recommend and supervise all chemical applications as required by the Special Provisions of this RFP.

At a minimum, the Contractor’s Irrigation Technician shall be fully trained, Qualified Water Efficient Landscaper (QWEL) Certified, and capable of recommending and supervising all irrigation maintenance, repair, testing, and scheduling as required by the Special Provisions of this RFP.

The Contractor is required to have a minimum of five (5) years in business performing commercial landscape maintenance services similar to the scope of work required by these specifications.

VI. CLARIFICATIONS / ADDENDA
Questions may be submitted through 4:00 p.m. (PST), Monday, March 24, 2025.

All questions regarding this project shall be submitted electronically in PlanetBids up to the Question and Answer (QA) deadline. All project correspondence will be posted in PlanetBids.

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It is the responsibility of the Proposers to check the website regularly for information updates, clarifications, and addenda. At the Agency’s discretion, Proposers requests for clarifications may or may not be responded to.

If the Proposer is in doubt as to the meaning or finds discrepancies and/or omissions from any part of the RFP and Agreement Documents, the Proposer must submit a written request for clarification via PlanetBids.

All revisions of the RFP by the City will be made in writing and will be posted on PlanetBids in accordance with the procurement schedule. Proposers shall electronically acknowledge receipt of all addenda at time of submittal and all addenda so issued shall become part of the RFP and the effects of all Addenda shall be considered in the proposal.

VII. PROPOSAL REQUIREMENTS
A. Submission of Proposals
Proposals must be received no later than 4:00 p.m. (PST) on Wednesday, April 9, 2025 via PlanetBids. Submissions after 4:00 p.m. will not be accepted.

Proposals shall be received in electronic format EXCLUSIVELY at the City of Fountain Valley’s electronic bidding (ebidding) site, at:
https://www.fountainvalley.gov/926/Bid-Results and are due by the date, and time shown on this solicitation. See “upload instructions” document for all the details. Files are to be uploaded accordingly:
• General Attachments:
▪ Response File: Upload proposal with no cost attached. ▪ Forms Packet: Fill out all forms in the packet following the instructions on the forms. Upload the completed forms packet in its entirety. • Subcontractors: List all subcontractors for this project. If no subcontractors, you must check the corresponding box.
• Acknowledgement of Receipt of RFP Addenda, if any.
• Non-Collusion Declaration
• Line Items: This is the Cost Proposal. Be sure to input an amount for each line item; use the notes section to clarify your amount, if needed. (See “upload instructions” for more information.)
If an individual submits the proposal, his/her name, address, and telephone number shall be shown. If a firm or partnership submits a proposal, the name and post office address of each co-owner shall be shown. If a proposal is submitted by a corporation, the name of the State under the laws of which the corporation was chartered and the names, titles, and business address of the president, secretary, and treasurer shall be shown.

By responding to this Request for Proposal, the Contractor declares he/she has carefully examined the locations of the work, read the Request for Proposal, examined all specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work in this Sports Park, Parks, and Civic Facilities Landscape Maintenance Services Agreement in accordance with the specifications of the City of Fountain Valley, and the General and

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RFP-25-001 Sports Park, Parks, and Civic Facilities Landscape Maintenance Services March 2025 – City of Fountain Valley 7 | P a g e
Special Provisions, and that he/she will accept in full payment the unit prices as shown in the Cost Proposal.

The City reserves the right to reject any and all proposals which do not meet the requirements of this RFP and/or any portion of the requirements of this project.

B. Response File – Proposal Format and Content
The following instructions describe the form in which proposals must be presented.

Proposal documents must be prepared simply, economically, and provide a straight forward, concise response to the requirements of the RFP. Completeness and clarity of content must be emphasized. The requirements stated do not preclude contractors from furnishing additional reports, functions, and costs as deemed appropriate.

Proposals shall contain no more than twenty (20) pages, excluding forms.

The following features must be included or incorporated in the proposal:

1. Cover Letter – The cover letter shall be addressed to the Purchasing Officer for the City of Fountain Valley and contain the following:
• Name of individual, partnership, company, or corporation submitting proposal.
• Statement which indicates that the contractor thoroughly examined and became familiar with the work required under this RFP and is capable of performing quality work to achieve the objectives of the City. • Confirmation that all terms and conditions of the RFP are understood and acknowledged by the undersigned.
• Signature(s) of representative(s) legally authorized to bind the proposal.

2. Table of Contents

3. Team Organization – Provide an organizational chart with names and titles of key personnel to be used for this project, including subcontractors. The chart should illustrate the relationship between the City, the manager, and key staff.

4. Subcontractors – If using subcontractors, provide a description of each subcontractor’s professional experience, qualifications, and training applicable to this RFP. Be sure to list all subcontractors under the Subcontractors tab on PlanetBids.

5. General Approach and Plans – Provide an introduction and discussion of contract understanding, including a description of the firm’s approach to the contract, methodology, and work plan.

This section must also identify a representative/manager and an alternate representative/manager who will be responsible for coordinating all activities with the City for the duration of the project. Should the contractor's primary representative be unable to continue with the project, the contractor's

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alternate representative shall become the primary representative. No personnel changes will be accepted without prior approval by City. City reserves the right to reject any changes in personnel at any time during the course of this project. City also reserves the right to terminate the contract if, in the opinion of City, substantial changes in project management may jeopardize the successful completion of this project to the satisfaction of the City.

6. Qualifications and Experience – Provide a brief description of company, including history, length of existence, qualifications, experience with municipal landscape maintenance services, company size, and business type (e.g., sole proprietorship, corporation).

Describe pertinent experience on projects of similar scope and size, including a summary of work performed, adherence to schedules, contract duration, contract dollar amount, and the name, title, and phone number of at least three municipal clients that may be contacted for reference. The Contractor must grant the City permission to contact all references provided.

Include brief resumes for key personnel who will provide the required services.

The resumes should highlight education, relevant experience, licenses, and specific responsibilities that demonstrate their qualifications and experience related to this RFP.

7. Ability to Provide Services – The Contractor is required to make a statement of how services will be provided. Contractor shall include time period between award and start of service; number of dedicated personnel to be used for providing services for Schedule “A” – Sports Park and Schedules “B” & “C” – Parks & Civic Facilities; experience of personnel; numbers and type of equipment to be used: how quickly urgent but unplanned services can be provided; and any other information that will help determine Contractor’s ability to provide the described services.

8. Proposed Fertigation Schedule for Sports Park – The Contractor shall be responsible for performing Fertigation and Fertigation System Maintenance per the specifications set forth in Section A-5 of Special Provisions for Schedule “A” – Sports Park. Fertigation will be applied through the City’s three existing EZ025 fertigation tanks (25 gallon tanks) at three points of connection (POC) to the reclaimed water irrigation system at the Sports Park. Based on the current soil report analysis provided, describe your proposed Fertigation Schedule for the Sports Park, including the month of application, name of product, manufacturer of product, amount, and POC location.

9. Contractor’s Reports – The Contractor shall provide sample reports that outline the following areas:
• Monthly reports used for processing of invoices for payment • Work Order system for requests for service
• Scheduling calendar for daily, weekly, biweekly, monthly, annual work to be completed

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• Additional Work/Damage Reports
These reports shall be provided in a size that is legible and easily reproducible for internal use. If the Contractor will be providing these documents electronically during the Contract period, indicate the format that will be used to transfer the data (PDF, Excel, Word, etc.). If the Contractor is using proprietary software that does not export easily into a commonly used file type, the Contractor, at their expense, shall provide at least a “view-only” application.

The Contractor is required to submit data that indicates the use of a uniform and detailed method by which he proposes to define, schedule, record, update, and process preventative maintenance tasks and service reports.

This program shall be computer generated and will be based on run time, manufacturer’s recommendations, and historical data of similar equipment.

Provide a sample of detailed service report for approval.

10. Waste Disposal Plan – The Contractor is required to describe how waste collected and/or created during the performance of the described services will be disposed of. Waste includes all litter, paper, glass, trash, fecal matter, undesirable materials, silt, and other accumulated debris removed during maintenance, in addition to green waste such as leaves, branches, weeds, and clippings. Green waste produced as a result of this Contract will be reduced, reused, recycled, and/or transformed to the greatest extent possible.

The description should include where the waste will be disposed of; how the green waste will be reduced, reused, recycled, or transformed; any costs associated with the disposal of materials; and the documentation that will be provided to the City regarding disposal of materials. The City strongly encourages the Contractor to dump all waste collected under this Contract free of charge at the designated Republic Services Transfer Station (refer to Special Provisions, Sections 7, 41, 75, and 106 regarding Disposal of Materials). The cost of waste disposal, if applicable, should be calculated into the line item costs provided by the Contractor.

11. Exceptions and Deviations – Any exceptions and deviations to the requirements of this RFP must be described and included in the contractor's proposal. Such exceptions and deviations must be included as a separate element of the proposal entitled "Exceptions and Deviations." C. Forms Packet
All forms must be completed and all blank spaces must be filled in. The information provided is for the purpose of determining the Contractor’s commitment and preparedness to perform the described services and assuring that the Contractor’s proposal is reasonable and complete. Nothing in the forms shall in any way be construed to remove, lessen, or relieve the Contractor from any responsibility prescribed by the Contract.

D. Line Items
The line item cost proposal includes forty-two (42) items, thirty-six (36) in the Base Scope of Work (Schedules “A” – “D”) and six (6) additional work items (Schedules “E” and “F”), upon which the City requests a quote. Please note that the numbers listed

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for “Estimated Annual Quantity” are estimates only, and will not be used for any purpose other than to compare quotes received in response to this Request for Proposal. The Vendor is required to verify actual quantities and measurements in the field. The actual payments made to the Vendor will be based on the Vendor’s actual work performed for the City consistent with the terms and conditions of the contract documents.

Contractors shall guarantee the “Total Annual Contract Cost” for no less than one hundred eighty (180) calendar days from the date of the proposal opening.

Line items E-1 thru E-4 and F-1 thru F-2 are for additional services that the Director of Public Works or his/her authorized representative may award to the Contractor, or other forces, at his/her discretion on an as needed basis during the term of the contract. There is no guarantee that extra work will be awarded to the Contractor. The City requests that each vendor supply a bid for the additional turf renovation and additional infield prep services listed in accordance with the specifications. The Contractor is advised that the unit prices provided for additional turf renovation and additional infield prep services may enter into the determination of the contract award.

The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions for work not performed, the Contract Sum shall be adjusted in accordance with the unit prices provided when the City elects to use this method in determining costs.

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 extra work.

E. Other Information – Other information that might aid the City in ascertaining your firm’s qualifications.

VIII. GENERAL REQUIREMENTS
A. Insurance Requirements
The contractor shall maintain and provide current copies to the City of minimum insurance coverage for the duration of this project as detailed in the Sample Contract provided.

B. Performance Bond
The contractor shall maintain and provide a Performance Bond issued by an admitted surety insurer for the duration of this project as detailed in the Sample Contract provided.

C. Business License
The contractor shall obtain a City Business License and renew it annually during the duration of this project.

IX. TENTATIVE SCHEDULE OF EVENTS
The following is the schedule of events that the City plans to follow in conducting this

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solicitation:

Event Tentative Date
Issuance of RFP Wednesday, March 5, 2025
Mandatory Pre-Proposal Meeting Monday, March 17, 2025
Clarification Questions Due Monday, March 24, 2025
Proposals Due Wednesday, April 9, 2025
Interviews of Finalists, if applicable Week of April 28, 2025 Tentative Selection and City Council Award Tuesday, June 3, 2025 Term of Contract Begins July 1, 2025
X. PROPOSAL EVALUATION, INTERVIEWS, AND AWARD PROCESS
A. Evaluation Criteria
Evaluation criteria used to select the contractor shall include, but not be limited to, cost, ability to provide service, previous performance and references, responsiveness to specifications, and unspecified value-added offerings. The lowest responsive contractor may not be awarded the contract.

The City of Fountain Valley reserves the right to consider the competency and responsibility of all service companies and to use any information deemed necessary to establish the ability of any company to perform all conditions of the contract in order to avoid awarding a contract to a firm unable to produce the quality of service required and intended by these specifications.

B. Evaluation Procedure
An evaluation committee will be appointed to review all proposals received for this RFP. The committee is chaired by the Purchasing Officer, comprised of City staff, and may include outside personnel. The committee members will evaluate the written proposals using the evaluation criteria identified. A list of top ranked proposals, firms within a competitive range, will be developed based upon the average composite scores for each proposal. During the evaluation period, the City may interview some or all of the proposing firms (see Paragraph C below).

C. Interviews (at the discretion of the evaluation committee) During the evaluation process, the evaluation committee may, at its discretion, request any one or all contractors to make oral presentations. If interviews are needed, notification will be sent via email a few days prior. All contractors may NOT be asked to make such oral presentation.

The City has established the week of April 28, 2025, as the tentative dates to conduct interviews, if needed. All contractors are asked to keep these dates available. No other interview dates will be provided. Therefore, if a contractor is unable to attend the interview on the selected date(s), its proposal may be eliminated from further discussion. The interview may consist of a short presentation by the contractor after which the evaluation committee will ask questions related to their proposal and qualifications.

The City reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.

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D. Notification of Intent to Award
After the completion of the evaluation process, the successful contractor will receive a notice of intent to award. Upon successful negotiations and contract preparation, a recommendation to award a contract to the successful contractor will be presented to the City Council for their review and approval, and unsuccessful firms will be notified.

XI. CONTRACT / AGREEMENT
The successful contractor shall enter into a Contract (see Sample Contract provided) with the City, subject to formal approval by the City Council, based on the contents of this RFP and the contractor's proposal, after furnishing the required Performance Bond, Certificate of Insurance and Endorsement, and Certificate of Insurance (Workers' Compensation), in conformance with the requirements and samples set forth in this RFP. Where two or more contractors desire to submit a single proposal, only one contractor shall be listed as prime contractor. All others shall be listed as subcontractors. The City shall enter into a Contract for this project with a single contractor and not with multiple contractors doing business as a joint venture. Award of a Contract by City Council is tentatively scheduled for Tuesday, June 3, 2025.

XII. DISCLAIMER
Issuance of this RFP and receipt of proposals does not commit the City to award a Contract or pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, accept or reject any or all proposals received in response to this RFP, negotiate with any qualified contractor, cancel the RFP in part or in its entirety, or postpone award of a Contract for its own convenience. The City may require the selected contractor to participate in negotiations and to submit such technical, cost, or other revisions of their proposals as may result from negotiations.

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GENERAL AND SPECIAL

PROVISIONS

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GENERAL PROVISIONS
SECTION 1. GENERAL

1. DESCRIPTION – Under the terms of the Contract the work shall consist of furnishing all labor, materials, tools, equipment, appurtenances, and incidentals required to perform the maintenance services as set forth in these specifications and in keeping with the highest standards of quality and performance.

2. PENALTY – WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT BY CONTRACTOR – Continuous inspection shall be conducted by the City’s Director of Public Works or his/her authorized representative. Deficiencies shall be called to Contractor’s attention immediately.

Should the Contractor fail to correct deficiencies or public nuisance within one (1) business day after notification from the City, then these will be considered to be of an emergency nature and cause for the City to move in on the project and to take corrective action. Such work shall be done on a force account and any and all cost shall be charged to the Contractor. It also should be noted that there is a minimum two-hour charge at premium time for labor and equipment on any after-hours callout.

Should the Contractor fail to complete the scheduled daily work due to equipment failure or unsuitable materials, the City shall be entitled to recover costs incurred for the printing and distribution of notices, additional labor costs, and any other costs involved in rescheduling the affected areas.

A. It is agreed and understood that if the Contractor fails to perform the work as specified herein, the Director of Public Works or his/her authorized representative –

1. Will only pay for the amount of service received as determined by the Director of Public Works or his/her authorized representative with an appropriate downward adjustment in Contract price, and

2. May have such specified work done by City forces or other service provider, and charges therefore assigned to the Contractor. Such adjustment will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work.

B. The Director of Public Works or his/her authorized representative may make a billing adjustment in monthly payments for incomplete or deficiencies in service rendered by the Contractor. Billing adjustments for this unsatisfactory service may be permanent retention of 100% of the estimated monthly cost for work that is incomplete or deficient as stated herein.

C. If the Contractor performs the work in such a manner that the amount of payment withheld due to sub-standard performance, non-performance, and forfeiture for noncompletion per schedule totals five percent (5%) of the total Contract price, preliminary notice shall be given to the Surety. If the Contractor continues to perform the work in such a manner that the amount of payment withheld due to sub-standard

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performance, non-performance, and forfeiture for non-completion per schedule totals ten percent (10%) of the total Contract price, the Surety shall be notified to assume control of the work and provide an alternate Contractor to complete the term of the Contract.

D. The Contractor shall be responsible to correct any maintenance deficiencies which may exist upon commencement of this contract.

3. SAFETY PRACTICES / TRAFFIC CONTROL – Pursuant to the City of Fountain Valley Standard Plans, the Contractor shall be allowed to work at each site adhering as set forth in the Scope of Work.

Traffic Control shall be in accordance with the City of Fountain Valley Traffic Control Standard Notes (https://www.fountainvalley.gov/448/City-Standard-Plans) and the Work Area Traffic Control Handbook (WATCH) which by reference shall become part of the Project Specifications.

The Contractor shall perform all work outlined in the Scope of Work in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local, County, State or other legal requirements including, but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL. O.S.H.A. Safety Orders at all times so as to protect all persons, including Contractor’s employees, agents of the City, vendors, members of the public, or others from foreseeable injury or damage to their property. The Contractor shall inspect all potential hazards at said areas under maintenance and keep a log indicating date inspected and action taken.

It shall be the Contractor’s responsibility to inspect and identify any condition(s) that renders any portion of the areas under maintenance unsafe, as well as any unsafe practices occurring thereon.

The City’s Director of Public Works or his/her authorized representative shall be notified immediately of any unsafe condition that requires major correction. The Contractor shall cooperate fully with the City in the investigation of any accidental injury or death occurring on the Contracted areas, including a complete written report thereof to the Authorized City Representative within five (5) days following the occurrence.

Note: It is intended that most maintenance work be performed without obstructing the flow of traffic whenever possible. However, if lane closure is required, all traffic delineation and work area protection shall conform to the California Manual on Uniform Traffic Control Devices (CA MUTCD) Most Recent Edition. Failure to conform to the CA MUTCD will result in all work being suspended until such time as traffic control does comply with the CA MUTCD.

The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make arrangements relative to keeping the working area safe and clear of vehicles.

4. MAINTENANCE FUNCTION REPORT – The Contractor shall maintain and keep current a report form that records all On-going, Seasonal, and Additional Work, and maintenance functions performed on a weekly basis by Contractor’s personnel. Said report shall be in a form and content acceptable to the Authorized City Representative and shall be submitted to the City concurrent with the monthly invoicing. The monthly payment will not be made until such

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report is received by the City.

5. WORK / PERFORMANCE SCHEDULE – The Contractor shall, within thirty (30) days after the effective date of this Contract, submit two (2) work schedules, an Annual Calendar and a Routine Operations Schedule, to the Director of Public Works or his/her authorized representative for review and approval. Said work schedules shall identify required operations and delineate the time frames for performance. The Contractor shall submit an Annual Calendar which includes all required operations that occur less than monthly. The Contractor shall also submit a Routine Operations Schedule which shall include all tasks required at least monthly.

The Director of Public Works or his/her authorized representative will review and return to the Contractor, with any comments, the Annual Calendar and Routine Operations Schedule within 15 working days of submittal. The schedules will be returned marked as per definitions below. “Accepted.” The Contractor may proceed with the work upon issuance of the Notice to Proceed. “Accepted with Comments.” The Contractor may proceed with the work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments within 15 working days.
“Not Accepted.” The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to proceeding with the work. The Notice to Proceed will not be issued by the Director of Public Works or his/her authorized representative if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Director of Public Works or his/her authorized representative. The Contractor, at the sole option of the Director of Public Works or his/her authorized representative, may be considered as having defaulted the contract if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Director of Public Works or his/her authorized representative.

The Contractor shall submit revised schedules when actual performance differs substantially from planned performance, and from time to time as requested by the Director of Public Works or his/her authorized representative. Said revisions shall be submitted to the Director of Public Works or his/her authorized representative for review and approval, no less than five (5) working days prior to the original or revised scheduled time for the work, whichever is earlier.

The Contractor shall also submit to the Director of Public Works or his/her authorized representative a Weekly Work Schedule for the Sports Park the Wednesday before the week of the scheduled work for review and approval. Said work schedule shall identify all required operations and delineate the time frames for performance for all work to be performed in the week identified. The Weekly Work Schedule will be returned marked as per definitions below. “Accepted.” The Contractor may proceed with the work upon issuance of the accepted Weekly Work Schedule.
“Accepted with Comments.” The Contractor may proceed with the work upon issuance of the comments to the Weekly Work Schedule. The Contractor must resubmit the schedule incorporating the comments within 24 hours.
“Not Accepted.” The Contractor must resubmit the Weekly Work Schedule incorporating the

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corrections and changes within 24 hours and prior to proceeding with the work.

The Contractor’s preparation, revision, and maintenance of the Annual Calendar, Routine Operations Schedule, Sports Park Weekly Work Schedule, and revised schedules are incidental to the work and no separate payment will therefore be made.

6. COMMUNICATIONS – The Contractor shall, during the term of this Contract, maintain a single telephone number, toll free to an ORANGE COUNTY region area code, at which the Contractor or Contractor’s responsible employee may be contacted at any time, twenty-four hours per day, to take the necessary action regarding all inquiries, complaints, and the like, that may be received from the Director of Public Works or his/her authorized representative or other City personnel. For hours beyond a normal 8 a.m. to 5 p.m. business day, an answering service shall be considered an acceptable substitute for full-time, twenty-four-hour coverage, provided that the Contractor responds to the City by return call within two hours of the City’s original call.

The Contractor shall provide staff with an email address to provide Work Orders issued by the City. These Work Orders may be notations on current work, additional work to be completed as part of the Extra Work provision of this contract, or as needed services at the request of the City.

The Contractor shall provide an English-speaking supervisor and/or foreman who is fully trained in all maintenance responsibilities for the Contract areas. This supervisor and/or foreman shall carry cellular telephones with a local Orange County region area code to enable immediate contact by the Director of Public Works or his/her authorized representative. This supervisor and/or foreman assigned shall be within close proximity to the Contracted area and be accessible by cellular telephone during normal work hours. The Contractor’s supervisor and/or foreman shall respond to any call from the City within thirty (30) minutes at any time during working hours.

Whenever immediate action is required to prevent possible injury, death, or property damage, City may, after reasonable attempt to notify the Contractor, cause such action to be taken by alternate work forces and, as determined by the Director of Public Works or his/her authorized representative, charge the cost thereof to the Contractor, or deduct such cost from any amount due to the Contractor.

All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Director of Public Works or his/her authorized representative. If any complaint is not abated within 24 hours, the Director of Public Works or his/her authorized representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director of Public Works or his/her authorized representative within five (5) working days. If the complaints are not abated within the time specified or to the satisfaction of the Director of Public Works or his/her authorized representative, the Director of Public Works or his/her authorized representative may correct the specific complaint with City or other contract forces and the total cost incurred by the City will be deducted and forfeit from payments owing to the Contractor from the City.

The Contractor shall maintain a written log of all communications, including the date and the time thereof, and the action taken pursuant thereto or the reason for non-action. Said log of complaints shall be open to the inspection of the Director of Public Works or his/her authorized representative at all reasonable times.

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7. CONTRACTOR’S EMPLOYEES / UNIFORMS / PPE
Employees: The employees shall present a neat, well-groomed appearance at all times. Hair (including facial hair) shall be maintained in a neat, well-groomed fashion. Employees with tattoos and/or body piercings that are determined by the Director of Public Works or his/her authorized representative to be objectionable shall be immediately covered with appropriate clothing or the employee will be replaced with a satisfactory employee.

The employees shall act in a courteous, professional manner at all times while working on the project. Every effort shall be made to perform the work while creating minimum disturbance to the citizens.

The City of Fountain Valley will be the sole judge of the suitability of the Contractor’s employees to perform any work for the City of Fountain Valley. Any employee who is determined by the Director of Public Works or his/her authorized representative to be incompetent, disorderly, intemperate, or otherwise objectionable shall be immediately removed from the project and replaced with a satisfactory replacement.

The Contractor’s employees may be required to pass a background check. The City of Fountain Valley will determine the frequency of background checks and will notify the Contractor in writing of the acceptability of the Contractor’s employees.

Uniforms: The Contractor shall pay for and bear the maintenance cost of uniforms for all employees working on the project. The uniforms shall bear the Contractor’s company name, as well as the employee’s name.

The uniform shall be worn as a complete unit and be fitted properly. The uniform shall be maintained in a clean and neat order with no rips, tears, or permanent stains present.

Personal Protective Equipment (PPE): The Contractor shall make sure that each employee has the correct Personal Protective Equipment (PPE) appropriate for the job. Contractor shall comply with Cal/OSHA and California Department of Public Health regulations regarding COVID-19.

8. THE CITY’S RIGHT TO DO WORK – The City reserves the right to do work or to have work performed by other vendors as required within the Contract area.

9. SERVICE-LEVEL INSPECTIONS – The Contractor shall provide an English-speaking representative to tour the Contracted area with the Director of Public Works or his/her authorized representative on a monthly or more frequent basis for the purpose of determining compliance with the specifications or to discuss required work. The Contractor’s representative must be authorized to sign documents and/or effect changes to the work being performed.

10. INCLEMENT WEATHER – During inclement weather, the Contractor will provide supervisory inspection of the maintenance areas during regular hours to prevent or minimize possible damage during and from inclement weather. The Contractor shall submit a report identifying any storm damage to the Director of Public Works or his/her authorized representative attached to a site map identifying location of damage and cost estimate for repair/replacement. If remedial work is required beyond the scope of this Contract, it shall be considered as extra work and completed on a Negotiated Proposal and Acceptance or on a Time and Materials basis.

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During periods of inclement weather, i.e. rain/wind, the Contractor’s workforce shall accomplish work not affected by such weather, i.e. litter pickup, spent blossom removal, preventative maintenance, restaking/retieing trees, picking up downed branches, etc.

11. PROTECTION OF EXISTING FACILITIES AND STRUCTURES – All damages incurred to existing landscape, hardscape, playground equipment, or other City Facilities by the Contractor’s operation shall be repaired or replaced by the Contractor or by other forces all at the discretion of the Director of Public Works or his/her authorized representative and all at the Contractor’s expense.

All such repairs or replacements, which are directed by the Director of Public Works or his/her authorized representative to be done by the Contractor, shall be completed within the following time limits.
• Irrigation damage shall be repaired or replaced before the next scheduled watering cycle. Any active water leaks shall be capped as soon as possible and no later than 24 hours after becoming aware of the occurrence.
• All other damages to asphalt, concrete, landscape, turf, furnishings, lighting, or other items shall be secured as soon as possible and repaired or replaced within five (5) working days.

Damaged trees and shrubs shall be repaired or replaced in accordance with the following maintenance practices:
• Trees: Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. If damage results in loss or significant compromise to the health or quality of a tree, the damaged tree shall be removed and replaced to comply with City Standards and/or the specific instructions of the Director of Public Works or his/her authorized representative.
• Shrubs: Minor damage may be corrected by appropriate pruning. Major damage shall be corrected by removal and replacement of the shrub.

12. SOUND CONTROL – The operator shall comply with all local sound control and noise level rules, regulations, and ordinances (FVMC 6.28) which apply to any work performed pursuant to the Contract.

Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler.

13. SUPERINTENDENCE OF LABOR COMPETENCY – All work shall be performed by competent personnel supervised by a competent supervisor with experience and technical training in the maintenance field. The Contractor shall provide an experienced supervisor authorized to act on behalf of the Contractor. This supervisor shall be continually in charge of the work and shall be able to communicate in English. This supervisor shall be within close proximity to the Contracted area and be accessible by cellular telephone during normal work hours. The Contractor’s supervisor shall respond to any call from the City within thirty (30) minutes at any time during working hours.

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Information given by the City’s Director of Public Works or his/her authorized representative to Contractor’s Superintendent or his/her designee shall be as binding as though given to the Contractor in person. No worker, foreman, or superintendent shall be continued on the job that, in the judgment of the City’s Director of Public Works or his/her authorized representative, is negligent or incompetent.

14. COOPERATION WITH OTHERS / PUBLIC RELATIONS – The Contractor shall maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference with or annoyance to the public. The Contractor shall maintain a manned telephone during normal company business hours to receive and resolve all complaints from the public or as received from the City. The Contractor shall make available a representative to investigate all complaints, make personal contact responses, and to affect resolution. The Contractor shall maintain a log of all complaints and resolutions and shall submit a report or log summary along with each monthly invoice. This is in addition to the City’s complaint control process.

15. PARKING OF THE CONTRACTOR’S VEHICLES – At any given location on City streets, parking of Contractor’s vehicles for more than 24 hours shall not be permitted. Overnight parking of Contractor’s vehicles on residential streets is prohibited.

16. USE OF MAINTENANCE COMPOUND – The Contractor will be allowed use of portions of the maintenance compound and the maintenance building located on the Sports Park property.

Use of this facility shall be limited to storage of equipment, materials, and resource needs required for completing service at the Sports Park under the Contract. Any other use shall be prohibited.

The City shall continue to have access to the compound and the maintenance building at all times.

The City reserves the use of one bay in the maintenance building and one covered materials bin in the compound yard. The Contractor shall not block City access to the City bay in the building or the City covered materials bin.

The Contractor shall be responsible for all maintenance to the interior of the maintenance building (with the exception of the City controlled bay) including lighting, electrical, plumbing, painting, and custodial maintenance. The City shall maintain the exterior of the building only.

The Contractor shall be responsible for all maintenance to the exterior areas of the maintenance yard (with the exception of the City controlled materials bin) including maintenance of the bin covers, housekeeping of the compound, maintenance and repair of the automatic gate, lighting, and maintenance of other outside appurtenances. The City shall maintain the concrete surface, and the exterior and interior block walls (with the exception of damages caused by the Contractor).

The Contractor shall keep all materials stored outside of the building covered when not in use.

The Contractor shall store all chemicals, fertilizers, pesticides, or any other similar items with proper containment and ventilation whether inside the maintenance building or within the outdoor compound.

The City will be responsible for the electrical and water costs for the compound.

17. COMPLETION OF WORK – All work shall be completed to the satisfaction of the Director of Public Works or his/her authorized representative.

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18. ACCESS TO PRIVATE PROPERTY – Prior to any work that will restrict access to private property, the Contractor shall notify each affected property owner or responsible person, informing him/her of the nature of and the approximate duration of the restriction.

19. LEGAL RELATIONS AND RESPONSIBILITY – The Contractor work shall conform to the requirements in Division I, Section 7, "Legal Relations and Responsibility to the Public," of the State of California, Department of Transportation, Standard Specifications, Current Edition, and these special provisions.

20. BILLING
A. Monthly payments will be made to Contractor only upon submittal of invoices to the City.

B. Contractor will submit invoices to the City of Fountain Valley on or about the first day of each month for actual services performed. Billing shall be for the services provided to date and shall include the appropriate data as required to support the charges billed in a manner acceptable to the City. The billing will be provided by a hard copy report.

C. Upon satisfactory final inspection and subsequent acceptance, the Contractor shall submit an original invoice and duplicate via email or mail as noted below.

Email to: [email protected]
Mail to: City of Fountain Valley
Finance - Accounts Payable
10200 Slater Avenue
Fountain Valley, CA 92708
D. The City of Fountain Valley reserves the right to adjust quantities to this Contract.

These adjustments will be determined by the Director of Public Works or his/her authorized representative relative to the needs of the City of Fountain Valley.

21. 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 Board, 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.

Conformance with the requirements of this section shall not relieve the Contractor from the Contractor's responsibilities, as provided in Section 11, "Protection of Existing Facilities and Structures," of the General Provisions.

22. OWNERSHIP OF REPORTS AND DOCUMENTS – All original or electronic documents,

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databases, letters, drawings, design calculations, estimates, specifications, field notes, daily diaries, as-builts, and other documents and data produced under the terms of the Contract shall become the property of the City. The City shall retain all rights in copyright. Copies may be made and retained by the Contractor for its records but shall not be furnished to others without the written consent of the City for a period of three (3) years from the date of acceptance, by City, of all requirements of this project.

23. MAINTENANCE STANDARDS AND SPECIFICATIONS
A. The premises shall be maintained with a healthy, crisp, clean appearance and all work shall be performed in a professional, workmanlike manner using quality equipment and materials.

B. Contractor shall provide the labor, materials, equipment, tools, services, and special skills necessary for the provision of landscape/hardscape and athletic field maintenance services, except as otherwise specified hereinafter. The premises shall be maintained to the highest of standards at no less than the frequencies set forth herein.

C. The Contractor shall provide full staffing at the Sports Park, Parks, and Civic Facilities, Monday through Friday, including during staff absences and inclement weather.

Failure to comply shall result in a performance deduction of $250 per incident, per day.

D. Contractor agrees to perform all work outlined in this Contract in such a manner as to meet all accepted standards for safe practices including, but not limited to, CAL OSHA and the American National Standard Institute, (ANSI) A-133.1.1998 Safety Requirements during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State, or Federal requirements at all times so as to protect all persons, including Contractor’s employees, agents of the City, vendors, members of the public, or others from foreseeable injury or damage to their property. Contractor shall make weekly inspections for any potential hazards at said maintenance locations and keep a log indicating date inspected and action taken.

E. It shall be the Contractor’s responsibility to inspect and identify any condition(s) that renders any portion of the premises unsafe, as well as any unsafe practices occurring thereon. The Director of Public Works or his/her authorized representative shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections including, but not limited to, filling holes, including gopher holes, in ground, turf, landscape areas and paved areas; using barricades, caution tape or traffic cones to alert patrons of the existence of hazards; replacing valve box covers; and the like, so as to protect members of the public or others from injury.

F. Contractor shall notify the Director of Public Works or his/her authorized representative immediately of any occurrence on the premises of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the Director of Public Works or his/her authorized representative within five (5) calendar days following the occurrence. Contractor shall cooperate fully with the City in the

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investigation of any such occurrence.

G. Contractor is hereby required to render and provide landscape/hardscape, athletic field, and associated appurtenance maintenance services including, but not limited to, turf mowing; turf renovation; shaping, trimming and training of shrubs and groundcover plants; fertilization; fertigation; cultivation; weed control; control of all plant diseases and pests; sweeping; maintenance of drainage systems; litter pick up; removal of illegal dumps; plant replacement; trash removal; washing of equipment; maintenance of playgrounds; and all other maintenance required to maintain the Sports Park, Parks, and Civic Facilities in a healthy, safe, and attractive manner.

H. Upon commencement of work under this Contract, Contractor shall be fully equipped and staffed; thoroughly familiar with Contract requirements and prepared to provide all services required. Failure to provide full services from the first day of work under this Contract may result in deductions from payment.

I. Contractor shall be responsible to correct any maintenance deficiencies, which may exist upon commencement of work under this Contract.

J. Contractor shall, during the term of this Contract, respond to all emergencies, to the satisfaction of the Director of Public Works or his/her authorized representative, within thirty (30) minutes during normal working hours and within two (2) hours of notification after normal working hours. Failure to respond within this timeframe will result in City personnel response at the expense of the Contractor.

K. The Contractor shall perform a weekly maintenance inspection during daylight hours of all areas within the premises. All items described as “Continuous” shall be addressed. Such inspection shall be both visual and operational.

L. On a monthly basis or more frequently, the Contractor shall meet with the Contract Administrator or designee to have a walk-through inspection.

M. Contractor shall clearly identify and equip each vehicle used at said maintenance locations with decals on the exterior right and left front door panels, identifying the Contractor’s name, address, and phone number. In addition, each vehicle shall be clearly marked “Under Contract to the City of Fountain Valley.” All vehicles shall be no older than 10 years.

N. Contractor shall report to the Director of Public Works or his/her authorized representative all observations of graffiti and other vandalism; illegal activities; transient camps; missing or damaged equipment or signs; hazards; or potential hazards.

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SPECIAL PROVISIONS

SPORTS PARK, PARKS, AND CIVIC FACILITIES

LANDSCAPE MAINTENANCE
SECTION 2, GENERAL – BASE SCOPE OF WORK

1. BASE SCOPE OF WORK – The work to be performed under this Contract shall consist of providing the contractually required landscape/hardscape maintenance, athletic field maintenance, synthetic weed control spraying, and associated maintenance services for the City of Fountain Valley, California, in pre-designated areas of the City (Schedules A-D) at City determined frequencies, and at City selected hours of each day of the week. Schedule “E” – Additional Turf Renovation and Schedule “F” – Additional Infield Prep may be awarded by the City, but is not guaranteed. Work areas include, but are not limited to, the Sports Park, Parks, Civic Facilities, other developed landscaping/open space as detailed in the Contract, and/or Residential and Commercial Quadrants. Landscape maintenance shall consist of, but not be limited to, turf mowing and renovation, weeding, field marking, infield maintenance and renovation, shrub pruning, groundcover trimming, litter pickup, trash removal, hardscape and sidewalk sweeping and cleaning, irrigation maintenance/repair, fertilization, fertigation, chemical application, pest control, legal disposal of all materials, shrub planting, plant removal, application of City supplied mulch, playground maintenance, cleaning of appurtenances, and other work as may be requested by the City, in accordance with the requirements set forth for each individual area as detailed in this Contract. All work will be in compliance with all applicable local, state, and federal regulations for the prevention of water and air pollution.

2. BID ITEMS – The City reserves the right to eliminate any bid item in its entirety. Should any bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Director of Public Works or his/her authorized representative so stating its elimination. If material conforming to the Scope of Work is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Director of Public Works or his/her authorized representative, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the City. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned, and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work.

In the event the City transfers title or maintenance responsibility of the premises or a portion thereof, this Contract shall continue in full force and effect except said portion, which at the discretion of the Director of Public Works or his/her authorized representative may be deleted from the premises to be maintained and the Contract sum shall be reduced accordingly.

The Director of Public Works or his/her authorized representative may, at his/her discretion, add additional or new areas to be maintained, and/or require additional services. The Contractor shall be compensated for the additional services that are designated after the date of the commencement of this Contract based on an extension of bid item prices consistent in all respects with this Contract.

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3. HOURS AND DAYS OF MAINTENANCE SERVICES – All maintenance services shall be performed between 8 a.m. and 5 p.m., Monday through Friday, unless otherwise specified or authorized by the Director of Public Works or his/her authorized representative.

4. HOLIDAY SCHEDULES – City Hall and the City Yard will be closed in observance of the following holidays (observance days subject to change each calendar year):

New Year’s Day Labor Day
Martin Luther King Jr. Day Veterans Day
Presidents’ Day Thanksgiving Day
Memorial Day Day After Thanksgiving
Independence Day Christmas Day

5. PICTURES – Upon request, the Contractor will supply the City’s Director of Public Works or his/her authorized representative with pictures “Before and After” maintenance that are suitable for reproduction.

6. CLEANUP – All litter and debris generated during the performance of this Contract shall be removed from the project areas the same day it is generated and disposed of in the proper manner at the Contractor’s expense. Contractor may dispose of waste free of charge at the Republic Services Transfer Station (see Special Provisions, Section 7.B for details). All laws and ordinances applicable to and governing such disposal shall be fully complied with.

7. DISPOSAL OF MATERIALS
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.

8. STAFFING – In addition to any supervisors or specialist positions, the Contractor shall supply a dedicated crew to perform the regularly scheduled landscape maintenance services as specified for Schedule “A” – Sports Park and a separate dedicated crew to perform the regularly scheduled landscape maintenance services as specified for Schedules “B” & “C” – Parks & Civic Facilities. 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 and another seven (7) full-time maintenance workers for the Parks & Civic Facilities. All other work, including, but not limited to, Schedule “D” – Spraying of Synthetic Weed Control, Schedule “E” – Additional Turf Renovation, and Schedule “F” – Additional Infield Prep, shall be completed by other staff.

9. EXTRA WORK – All extra work shall not be completed by normal maintenance crews.

Extra work includes any and all landscape areas within the City, as well as locations described in this RFP. Extra work can include, but is not limited to, emergency work. Contractor will be required to provide separate crews to provide all extra work. Regularly scheduled maintenance work shall be completed in conjunction with extra work and cannot be postponed in order to complete extra work.

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SCHEDULE “A” – SPORTS PARK

10. STAFFING – The Contractor shall supply a dedicated crew to perform the landscape maintenance at the Sports Park. 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) fulltime maintenance workers at the Sports Park.

11. LANDSCAPE INVENTORY – SCHEDULE “A” – SPORTS PARK – The following represents the Fountain Valley Recreation Center and Sports Park 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.

A-1
General / Daily Maintenance – 78.09 Acres*
A-2
Chemical Application / Pest Control
A-3
Turf Mowing and Edging
A-4
Turf Renovation / Aeration / Dethatching
A-5
Fertigation and Fertigation System Maintenance
A-6
Shrub, Groundcover, and Tree Maintenance
A-7
Irrigation and Irrigation Maintenance
A-8
Sports Field Maintenance
A-9
Infield Maintenance
A-10
Extra Work** – Stipulated Amount
**Extra Work is not guaranteed and is subject to approval by the City.

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(A-1) SCOPE OF WORK FOR GENERAL / DAILY MAINTENANCE – SPORTS PARK

12. LITTER, LEAF, AND DEBRIS CONTROL (SPORTS PARK)
A. Perform Litter, Leaf, and Debris Control according to frequencies specified in Section A-1 herein and as specified in Section 63.

B. Remove all litter, paper, glass, trash, fecal matter, undesirable materials, silt, and other accumulated debris daily from all areas to be maintained.

C. Complete policing, litter pick up, and supplemental hand sweeping of sidewalks, concrete bleachers, and parking lot edges, corners, and other areas inaccessible to power equipment shall be accomplished to ensure a neat appearance.

D. 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.

E. 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.

F. Increases in frequencies of clean-ups for seasonal plant defoliation and additional clean-up after storms shall be the Contractor’s responsibility.

G. Removal of litter shall occur at the frequencies specified in the Contract.

H. Contractor shall employ appropriate safety equipment and procedures for litter removal.

I. 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 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 are in violation of Municipal Ordinance.

13. HARDSCAPE MAINTENANCE (SPORTS PARK)
A. Perform Hardscape Maintenance according to frequencies specified in Section A-1 herein and as specified in Section 63.

B. All hardscape (concrete flatwork, stamped concrete, paving stones, curbs, gutters, etc.) shall be swept at the frequencies required in this agreement. Using blowers to transfer dirt, litter, or other deleterious materials to streets and/or landscape areas other than for immediate pickup is prohibited.

C. 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

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with the City’s water quality regulations and best management practices.

D. All hardscape 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.

14. DECOMPOSED GRANITE WALKING PATHS (SPORTS PARK)
A. Perform Decomposed Granite Walking Path Maintenance according to frequencies specified in Section A-1 herein and as specified in Section 63.

B. Loose aggregate will appear on the surface over time which is a natural occurrence. If excessive aggregate over 1/4" occurs, redistribute the stabilized decomposed granite over the entire surface, water thoroughly, and re-compact with a minimum one-ton drum roller. This process can be repeated as needed.

C. To repair, excavate damaged area leaving a minimum one inch depth of existing stabilized decomposed granite, water, and scarify. Scarifying existing stabilized decomposed granite will prevent a cold joint layer between the existing stabilized decomposed granite and the newly imported pre-blended stabilized decomposed granite.

Add water to the pre-blended stabilized decomposed granite to activate. Apply moistened pre-blended stabilized decomposed granite to excavated area at or above finished grade.

Compact with a walk behind drum roller. During curing time, do not allow pedestrian traffic.

D. Decomposed granite material shall match as closely as possible to the existing material on site. The current color is Gail Gold and available through the vendor listed below. The Contractor has the right to procure materials from any vendor as long as the color and composition match and is approved by the Director of Public Works or his/her authorized representative prior to installation. Purchase of replenishing materials is to be performed at the expense of the Contractor.

Gail Materials, Inc.
11762 De Palma Road, Suite 1C, PMB 302
Corona, California 92883
(951) 667-6106 Office
E. At the direction of the Director of Public Works or his/her authorized representative, the Contractor shall place and remove closure signs during inclement weather, or during maintenance operations. The City shall provide the closure signs at its expense.

Signage shall be placed and removed at the expense of the Contractor.

15. PLAYGROUND EQUIPMENT (SPORTS PARK)
A. Perform Playground Equipment Maintenance according to frequencies specified in Section A-1 herein and as specified in Section 63.

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B. The Contractor shall be responsible for removing accumulation of leaves and debris from playground equipment areas, including sweeping/blowing off pour in place surface daily and as needed.

C. All play and sports equipment shall be inspected for vandalism, safety hazards, and serviceability daily. Deficiencies shall be reported in writing immediately to the Director of Public Works or his/her authorized representative.

D. As necessary, the Contractor shall wash or power-wash play equipment as recommended by the manufacturer. At no point shall this be completed less than quarterly.

E. As necessary, the Contractor shall wash or power-wash the playground surface areas as recommended by the manufacturer for maintenance. At no point shall this be completed less than every two months.

F. 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.

G. The Contractor shall provide written inspection forms to the City upon completion of the required inspections.

16. SWEEPING / WASHING (SPORTS PARK)
A. Perform Sweeping/Washing according to frequencies specified in Section A-1 herein and as specified in Section 63.

B. Sweep hard surface areas, parking lot corners, walkways, steps, picnic hard surface areas, and hard court areas according to frequencies specified.

C. 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.

D. Walkways, steps, picnic hard surface areas, curbs, and gutters shall be cleaned, including, but not limited to, the removal of all foreign objects from surfaces such as gum, food or drink spills, grease, paint, graffiti, broken glass, staples, etc.

E. Supplemental hand sweeping of parking lot edges, corners, and other parking lot areas shall be required in those areas inaccessible to power equipment or where use of power equipment would have an adverse community effect.

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F. Blowers used in performance of this CONTRACT shall be low-noise type, rated at or below 65 dB.

G. The City utilizes a separate contractor to sweep the asphalt parking lots. Sweeping of this area with the exceptions noted in this section is not the responsibility of the Contractor.

17. DRINKING FOUNTAIN MAINTENANCE (SPORTS PARK)
A. The Contractor shall perform the following drinking fountain maintenance in all areas within the Contract according to frequencies specified in Section A-1 herein and as specified in Section 63.
• 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 spout to insure proper operation.

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.

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.

18. BENCH AND PICNIC TABLE MAINTENANCE (SPORTS PARK)
A. All benches and picnic tables shall be dusted off and wiped down in all areas within the contract weekly. 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 shut-off device, or a lowvolume, 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 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).

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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.

19. COLOR PLANTERS (SPORTS PARK)
A. The Contractor shall renovate the planter located at the main entrance to the Sports Park and the two (2) walkway planters located near the Recreation Center front 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 • 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

20. PENALTY FOR NONCOMPLIANCE
A. Failure to comply with the scope of work for General / Daily Maintenance – Sports Park shall result in a performance deduction of $250 per incident, per day.

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(A-2) SCOPE OF WORK FOR CHEMICAL APPLICATION / PEST CONTROL –

SPORTS PARK

21. WEED CONTROL (SPORTS PARK)
A. Perform Weed Control according to frequencies specified in Section A-2 herein and as specified in Section 63.

B. 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.

C. 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; nonconcrete walkways (i.e. decomposed granite); expansion joints; and natural soil. No dyes shall be used when applying liquid weed control to all paved and non-concrete walkways.

D. All shrub beds, planters, and other landscaped areas shall be maintained weed free.

E. 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.

F. 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.

G. 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.

H. 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.

I. 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.

J. Pre-emergent herbicide applications shall be made annually and as required for optimum control of target weeds.

K. The Contractor shall provide any legally required posting prior to utilizing herbicides and shall remove the postings at the appropriate time.

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22. DISEASE AND PEST CONTROL (SPORTS PARK)
A. Perform Disease and Pest Control according to frequencies specified in Section A-2 herein and as specified in Section 63.

B. 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.

C. The Director of Public Works or his/her authorized representative shall be notified immediately of any disease, insects, or unusual conditions that might develop.

D. 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.

E. 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.

F. Gophers and other rodents shall be eliminated immediately by appropriate, approved exterminating techniques (traps, poison, etc.).

G. 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.

H. 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.)
I. When using pesticides, the instructions on the label shall be followed explicitly and special care shall be exercised in application.

J. 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.

K. The Contractor shall provide any legally required posting prior to utilizing pesticides and shall remove the postings at the appropriate time.

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23. USE OF CHEMICALS (SPORTS PARK)
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.

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 shall include, but not be 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 with 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.

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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 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.

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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.

24. PENALTY FOR NONCOMPLIANCE
A. Failure to comply with the scope of work for Chemical Application / Pest Control – Sports Park shall result in a performance deduction of $250 per incident, per day.

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(A-3) SCOPE OF WORK FOR TURF MOWING AND EDGING – SPORTS PARK

25. TURF MOWING (SPORTS PARK)
A. Perform Turf Mowing and Edging according to frequencies specified in Section A-3 herein and as specified in Section 63.

B. All common mowing operations shall be performed a minimum of weekly throughout the contract period in common use areas (not including athletic fields). Mowing operations shall be scheduled at times of low public use between 7:00 a.m. and 5:00 p.m., Monday through Friday for all non-athletic field (common) areas.

C. All active mowing operations on athletic fields shall be performed a minimum of twice weekly year-round. Mowing, with the exception of July and August, should be performed on Mondays and Thursdays, weather permitting, or as directed by the Director of Public Works or his/her authorized representative. In July and August, mowing may be completed Monday through Friday or as directed by the Director of Public Works or his/her authorized representative.

D. Mowing of athletic fields, with the exception of July and August, shall be completed between the hours of 6:30 a.m. and 3:00 p.m., at the discretion of the Director of Public Works or his/her authorized representative, on Mondays and Thursdays. Mowing of athletic fields in July and August shall be completed between the hours of 6:30 a.m. and 8:30 a.m., Monday through Friday, unless otherwise notified. All maintenance shall be planned around scheduled events in the RecTrac system. Schedules will be provided to the Contractor on a weekly basis. Contractor agrees to make any required schedule changes when provided with a 48-hour notice at no additional cost to the City.

E. Exact dates shall be set on an annual calendar. Failure to provide a weekly or twice weekly mowing shall result in a performance deduction.

F. 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.

G. Mowing patterns shall be crosscut on an alternating mowing schedule. This shall be defined as mowing in a cross directional manner to most effectively maintain turf areas.

The “1/3” rule (no more than one-third of the total length of the leaf blade shall be removed with any single mowing) shall be followed as closely as possible to minimize mowing stress to the turf grass.

H. Mow turf to the following heights or as directed by the Director of Public Works or his/her authorized representative:

1. Bermuda (Hybrid): 3/4 – 1 inch

2. Cool season turf, including bluegrass, perennial rye, and fescues: 1 1/2 – 3 inches

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3. Kikuyu: 3/4 – 1 1/4 inches
I. All walkways, roadways, trails, 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. Walkways/hardscape surrounding the Recreation Center and Tennis Center dirtied by mowing operations shall be cleaned immediately.

J. 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.

K. 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.

L. Turf shall be mowed with a mower appropriate to the particular turf type being mowed.

Bermuda should be mowed with a 7-blade reel mower with roller. Equipment shall be properly maintained, cleaned, adjusted, and sharpened.

M. All mowing equipment shall be thoroughly cleaned following each mowing operation and prior to being transported to any other site.

N. 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.

O. 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 damage is incurred, Contractor will immediately schedule repairs at their expense.

P. Animal and human fecal matter shall be removed during daily maintenance operations and as needed.

26. TURF AND GROUNDCOVER EDGING (SPORTS PARK)
A. All turf edges shall be kept neatly edged on a continuous basis. All grass invasions into adjacent areas shall be eliminated. All turf grass and groundcover borders shall be neatly and uniformly edged or trimmed on the same schedule as the mowing operations, unless otherwise specified. String trimmers shall not be used to edge.

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. String trimmers shall not be used to trim around trees. Turf and groundcover shall be maintained a minimum of 12 inches from the trunks of trees by use of appropriate chemicals.

D. A 36-inch diameter circle shall be maintained around young trees with immature bark or caliper of less than 6 inches. Circles may include a watering basin, and/or a 2-inchdeep layer of mulch, where appropriate, as directed by the Director of Public Works or his/her authorized representative. Mulch shall not be placed directly against the trunk of trees. Circles shall be kept free of weeds and grasses by use of appropriate chemicals.

E. Turf shall be trimmed or limited around valve boxes, meter boxes, backflow devices, park equipment, and other obstacles; and around sprinklers as needed to provide visibility and optimum water coverage.

F. All groundcover and flower bed areas shall be kept neatly edged on a weekly basis and free of weed/turf grass invasion.

G. All walkways shall be cleaned immediately following each mechanical edging.

H. Chemical edging of turf 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 turf edge and limits turf encroachment into beds or across boundaries where it is impractical to edge mechanically. A 12-inch barrier width shall be considered normal. No use of dye will be allowed for chemical edging.

27. PENALTY FOR NONCOMPLIANCE
A. Failure to comply with the scope of work for Turf Mowing and Edging – Sports Park shall result in a performance deduction of $250 per incident, per day.

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(A-4) SCOPE OF WORK FOR TURF RENOVATION / AERATION / DETHATCHING –

SPORTS PARK

28. AERATION (SPORTS PARK)
A. Perform Turf Renovation/Aeration/Dethatching according to frequencies specified in Section A-4 herein and as specified in Section 63.

B. All turf areas shall be aerated three (3) times per contract year. The aeration between February 15 and March 15 shall utilize the “slice” or “solid tine” method. The aeration between October 1 and December 1, at the City’s discretion, shall utilize the “core” method. The third aeration method and scheduling will be at the discretion of the Director of Public Works or his/her authorized representative.

In addition, the Contractor shall aerate all athletic fields and common areas, including around the playground area, six (6) additional times using the “slice” or “solid tine” method in one direction between April 1 and August 31.

The aeration is performed to reduce a compaction/ stress condition, which will offer greater water penetration and reduce runoff. In those areas, when soil condition is poor, top dress may be required by the Director of Public Works or his/her authorized representative.

C. 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. When slicing, penetration shall be between six (6) and ten (10) inches.

D. Contractor shall assure that turf areas to be aerified are properly and evenly moist prior to aerification operation to achieve maximum penetration.

E. Contractor shall aerate entire area first in one direction (east to west), then repeat the operation in the opposing direction (north to south).

F. Remove or shred cores so that they are not unsightly or a nuisance.

G. 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.

29. RENOVATION (SPORTS PARK)
A. Contractor shall be responsible for remediation of all landscape and irrigation damage caused by special events from vehicles, large crowds, tents, fencing, carnival equipment, etc. and will coordinate the installation and removal of these items for the following events and any other scheduled event:

1. Summer Concerts in the Park series (Great Lawn & Field D)

2. Special Olympics (Fields A, B, C & D)

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3. Pho Festival (Field A)

4. Tree Lighting (Great Lawn & Field D) – this includes renovation of the shrubs on the snow hill
*Locations and events subject to change
B. The Contractor will renovate the turf areas per Section 30 after each of the four annual special events listed. Contractor shall provide details of renovation, including type of aeration, seed, fertilizer, sod, shrubs, and recommendations. If Contractor advises that major renovation is needed beyond the events described above, they shall notify the Director of Public Works or his/her authorized representative prior to proceeding.

30. TURF RESEEDING / RESTORATION (SPORTS PARK)
A. Damaged, vandalized, bare, or unacceptably thin turf areas shall be overseeded with perennial, plugged, or sodded with Bermuda Tifway 419 1” cut large roll sod as often as needed and as required by the Director of Public Works or his/her authorized representative, to re-establish turf to an acceptable quality.

B. 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.

C. 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.

D. 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.

E. Repaired areas shall receive supplemental water by hand or portable sprinkler as needed to establish turf.

F. Upon the completion of dethatching all creeping-type grass areas in the fall, winter overseeding of all turf areas will be required. All Bermuda grasses will be lowered in two continuous stages by mowing with mowers that have sharp, properly adjusted cutting units. This process will be done until grass height is at 1/2”. After the Bermuda grass is lowered, the entire area will be vacuumed. Contractor shall sow perennial rye grass at the rate of 8 lbs. per 1,000 sq. ft. or as approved by the Director of Public Works or his/her authorized representative.

G. Topdressing, when applicable, shall be applied with materials and methods approved by Director of Public Works or his/her authorized representative.

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H. 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.

I. 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.

J. 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.

K. The perennial rye grass overseeding shall be completely established by November 15 of each year.

L. After first mowing, and subsequently thereafter, fertilize with 1 lb. N/1,000 sq. ft. through the winter fertilization period.

31. BERMUDA GRASS MAINTENANCE – APRIL – OCTOBER (SPORTS PARK) A. Mowing: Once Bermuda grass comes out of dormancy begin mowing at 1” height to reduce shade from cool-season grasses and allow more heat to the crown of the Bermuda plant with a 7-blade reel mower. Mowing frequency should be 1x per week.

Clippings can be left if the 1/3 rule is followed. Hybrid Bermuda prefers a mowing height of 1/2”-3/4”.

B. Fertilization: Apply a complete fertilizer at a rate of 1 lb. of N per 1,000 sq. ft. per month of the growing season (May-Oct). In June and July, the amount of N can be increased to 1.5 lbs. per 1,000 sq. ft. or an additional application of 1/2 lb. per 1,000 sq. ft. can be applied two weeks following the 1 lb. N application. 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 June and July – this can be either in granular form or liquid form if spray equipment is available.

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 40 cubic yards per acre.

32. PERENNIAL RYEGRASS MAINTENANCE – OCTOBER – APRIL (SPORTS PARK) A. Mowing: Raise the height of cut to 1 1/2” to 2” and mow 1x per week. Mowing should be done with a rotary type mower. Clippings can be left if the 1/3 rule is followed.

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B. 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.

C. Aeration: All turf grass areas should be core aerified in January or February. Cores can be broken up by mowing and/or dragging. Since the fields are in heavy use during this time of the year solid-tine aeration and/or slicing can be used effectively to minimize surface disruption. It is, however, important to create an avenue at the soil surface for water, oxygen, and carbon dioxide exchange with the atmosphere.

D. 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.

E. Overseeding: Overseeding is necessary to support field activity because of the heavy use periods during the winter when the preferred Bermuda grass is dormant.

Overseeding should be performed as follows:

1. Overseed in late September to mid-October.

2. Mow grass at 3/4” height and leave clippings.

3. Spike with solid-tines or slice to a 1/2” depth.

4. Uniformly apply 3-way blend of perennial ryegrass with a broadcast spreader (Lely pull-behind, etc.) at 10-15 lbs. per 1,000 sq. ft.

5. Top dress with a mix of 80% medium washed sand and 20% organic at a rate of 40 cubic yards per acre.

6. Fertilize with a pre-plant fertilizer (BEST 6-20-20, etc.) at 1 lb. P and K per 1,000 sq. ft.

7. Irrigate with enough water to move seed down to the soil surface (amount of water dependent on scheduled field activity).

8. Seed must remain in contact with soil; seed kept moist until germination; seedling not allowed to dry out during establishment (10 days typically).

33. FERTILIZATION (SPORTS PARK)
A. Apply fertilizers so as to provide sufficient nutrients on a regular basis per label instructions to keep turf grass in healthy looking condition. Fertilizer will be applied as per the fertilization schedule, or as otherwise directed to maintain an aesthetically pleasing turf grass stand. Type of turf and time of year will determine type of fertilizers

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used. The frequency of application will greatly depend on amount of leaching caused by excess use of water. The type of fertilizer used, and frequency applied will be recorded.

B. Use 6-20-20 starter fertilizer at a rate of 1 lb. P and K per 1,000 sq. ft. during overseeding process until first mowing, and subsequently thereafter use 15-15-15 fertilizer at a rate of 3/4 lb. N / 1,000 sq. ft. per month through the winter fertilization period.

C. Winter fertilization period shall begin November 1 and continue until the end of March.

A 16-20-20 commercial fertilizer shall be required.

D. Summer fertilization period shall begin May 15 and continue until the end of September. A 25-5-5 slow release commercial fertilizer, or comparable product, shall be required.

E. For additional or special applications of nutrients (i.e., application of additional nitrogen, iron, calcium, or gypsum) requested by the City, the Contractor will be paid extra for the special applications in accordance with the Extra Work provisions of the agreement.

F. The Contractor shall supply to the City a list of dates and approximate times each field or passive use area is scheduled for fertilizer application before the Contractor begins fertilization.

G. All proposed changes in formulation shall be submitted to the Director of Public Works or his/her authorized representative for approval prior to use.

H. Turf shall be free of moisture at the time of fertilizer application. Application of the fertilizer shall be done in sections, determined by the areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast. Adequate irrigation shall immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface.

I. The Contractor shall take precautions to contain the fertilizer to planting areas only.

The Contractor shall be responsible for removing all fertilizer stains from concrete caused by his application.

J. Products and rates of application shall be determined by the Director of Public Works or his/her authorized representative.

K. Contractor shall include scheduling of fertilizations on Annual Calendar.

L. Contractor shall give written notice to the Director of Public Works or his/her authorized representative at least ten (10) City business days in advance of fertilizer application at a given site.

M. 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

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authorized representative’s inspections and shall be removed promptly following inspection.

N. Turf Fertilization Schedule:

FREQUENCY TYPE & SOURCE TIME OF YEAR
Two Times/Year 15-15-15 Commercial Winter (Oct. 1 - April 1) Two Times/Year 25-5-5 (or comparable) Summer (May 1 – Sept. 1)

34. SOIL TESTING (SPORTS PARK)
A. The Contractor shall perform soil testing in designated areas to be determined by the Director of Public Works or his/her authorized representative. This shall be completed by an outside approved laboratory. The findings of which shall be used to dictate the fertilization and amendment requirements on the fields.

B. Testing shall be completed twice a year on or about April 1 and October 1 of each contract year.

35. PENALTY FOR NONCOMPLIANCE
A. Failure to comply with the scope of work for Turf Renovation / Aeration / Dethatching – Sports Park shall result in a performance deduction of $250 per incident, per day.

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