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R. DISEASE PEST AND RODENT CONTROL
1. Contractor shall be responsible for identifying, complete and continuous control and/or eradication of all fungus, insects, plant pests, diseases, rodents, and any other diseases. The Contractor shall obtain any necessary permits to comply with City, County, State, and Federal regulations or laws. Frequency of disease and pest control operations shall be daily as needed.
2. 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. Plants shall be observed closely for leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliated, or wilted.
3. The City shall be notified immediately of any disease, insects or unusual conditions that might develop.
4. Contractor shall use integrated pest management practices whenever possible.
Applying chemicals and insecticides shall be used only if other natural practices have failed.
5. 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 licensed California Pest Control Advisor.
6. Contractor shall notify the City when applying any chemicals or insecticides to any areas under Contractor’s care.
7. Contractor will assume responsibility and liability for the use of all chemical controls. Pests and diseases shall include, but not be limited to, all insects, aphids, mites, other invertebrates, pathogens, and nematodes. Controls shall include necessary use of integrated pest management systems involving the use of life history information and extensive monitoring. Control shall be through prevention, cultural practices, pesticide applications, exclusion, natural enemies, biological control, and host resistance.
8. All material used shall be in strict accordance and applied within the most current EPA regulations and the California Department of Food and Agricultural Code
9. City shall be notified prior to the application of pesticides and other chemicals.
Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with City. Material use reports for all pesticides shall be filed with the City no later than the 10th of every month for the preceding month.
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10.Application of Pesticides
A. Timing: Pesticides shall be applied at times which minimize 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.
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 which each area is capable of receiving without runoff.
B. 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 which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Department of Food and Agricultural Code or EPA regulations.
C. Equipment and Methods: Spray equipment shall be in good operating conditions, quality, and design to efficiently apply materials to the target area. Drift will be minimized by avoiding high pressure applications and using water soluble drift agents.
D. Selection of Materials: Pesticides shall be selected from those materials which characteristically have the lowest residual persistence. Use of 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.
E. Substitution: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the City.
F. Certification of Materials: All materials shall be delivered on the site in original unopened containers. Materials shall be subject to inspection by the City.
11.The Contractor shall eradicate or remove bees, ants, insects, snails, sowbugs, rodents and other pests, which the City deems to be a public hazard or nuisance. The 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 City.
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12.Gophers and other rodents shall be eliminated immediately by appropriate, approved exterminating techniques (traps, poison, etc.).
13.Identify the cause of injury and consult a Pest Control Advisor before application of chemical treatments.
A. The State of California Agricultural Code requires that toxic pest control chemicals may be used only after a written recommendation by a State of California licensed Pest Control Advisor is obtained. A recommendation consists of all the applicator should know for an accurate and safe usage. The recommendation must be time and site specific.
B. Application of all pesticides shall be only by a properly State Licensed Pest Control Operator.
C. There shall be no application of a pesticide without written permission of the City
D. In case a Restricted Use Pesticide is recommended, the City must have a use permit issued only by the County of Orange Agricultural Commissioner's office.
14.Contractor shall start preventative cultural methods before a pest is visible. At certain times of the year, and with certain environmental conditions, the presence of certain pests can be anticipated. Look at new growth for the presence of aphids, leaf hoppers, scale, mealy bugs, and mites. Look for ants on soil, along walks, and trunks of shrubs and trees. When ants are present, there will be sucking insects. Control of ants will aid in the control of plant feeding insects. Do not use toxic pesticides to control pests when predatory or parasitic insects are present.
15.Dusty foliage and warm temperatures are indicators of mites. Keep mite populations low by washing foliage to prevent plant injury. Conifers are especially susceptible and often killed by mites.
16.Bark beetles feed in the cambium of scaffold branches and trunks. Older and weaker trees are the first to be infested. Any cause of stress is cause to inspect trees. Look for ants on the ground or in crotches of branches. Also, there may be branches dying. Control adult beetles before they lay eggs on bark in the spring. All trees near one infested the previous year shall be sprayed in March and again in May. On-going inspections are necessary to determine if there is a summer brood.
17.Snails shall be controlled before becoming epidemic. They can be anticipated as a menace from spring until the advent of high temperatures, wherever moist soil prevails. Control with weekly applications of toxic bait until the youngest brood is gone. The City will not allow epidemics of snails.
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18.Pruning is an effective prevention of an epidemic of insects and diseases.
Pruning away infected parts and disposing of them off-site separates the pest or pathogen from the host. Examples are Pine tree tip moth, Juniper twig girdler, Verticillium wilt, fireblight, and some other blights of foliage.
A. Some thinning of tree foliage, to provide light and aeration for ground cover, is a type of disease prevention.
B. Use care when pruning not to spread disease by keeping all cutting edges sterile by dipping in an alcohol or bleach solution after each cut.
19.The Contractor shall establish a continuing program to control insects and rodents.
20.With the pest control program, the following information shall be provided to the City on a monthly basis:
A. The pest to be controlled
B. Method of control
C. The product labels
D. A schedule as to frequency of control
E. Applicable M.S.D.S. Sheets
F. All mandatory signage
21.Monthly, the Contractor shall complete a pesticide spray log for any pesticides used.
22.When using pesticides, the instructions on the label shall be followed explicitly and special care shall be exercised in application.
23.Contractor shall be responsible for controlling all rodents, as required, on a continual basis. All turf and landscaped areas shall be maintained free of rodents to include gophers, ground squirrels, and pests to include, but not be limited to, snails, sow bugs, aphids, caterpillars, etc., that could cause damage to any plants, shrubs, ground cover, trees, irrigation systems, facilities or cause erosion.
24.All methods employed to perform Rodent Control shall conform to all Federal, State, and County environmental regulations.
25.Rodent Control shall be performed in accordance with the following criteria:
A. All rodents to be controlled shall be identified and feeding habits determined prior to treatment of the area.
B. All mounds shall be raked level a minimum of 24 hours prior to treatment.
C. Soil shall be checked in the area to be treated to ensure proper soil moisture exists prior to treatment with treated baits.
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D. All treated bait, traps, and gases used to control rodents shall be placed in the tunnel. Traps shall be covered with soil once inserted into tunnel to prevent vandalism and to ensure public safety.
E. All bait containers and/or applicators shall be of the type that will minimize spills.
F. Any and all spilled bait shall be picked up or buried immediately.
G. All treated areas shall be inspected after treatment for dying animals. Contractor shall remove all dying animals and/or carcasses and dispose of them off-site prior to the end of each work day until area no longer requires further treatment.
26.Care should be taken to minimize or control use where domestic pets may come into contact with the poisons. Signage around applied area shall be considered.
27.Exceptions: Contractor shall be allowed to use Strychnine for Rodent control without prior submittal of a written recommendation from a certified Pest Control Advisor when applied in accordance with the following: All mounds shall be raked level 24 hours prior to treatment with bait. Soil shall be inspected for proper moisture content. Bait shall not be applied to saturated soil. All raked bare soil areas shall be re-seeded upon conclusion of treatment.
28.Equipment required for bait application shall consist of a probe, pail, tablespoon, waterproof gloves, respirator, and probing bait run.
29.Bait shall be applied in areas where active gophers have created new mounds.
Tunnels shall be probed to locate active runs and treated bait shall be applied in amounts specified in product label recommendations.
30.All treated bait shall be placed in the tunnel with a tablespoon or probing bait gun. Strychnine of 1.8 percent or higher shall be applied with a probing bait gun only. All holes shall then be covered. All containers shall be of the type to minimize spills. Any spilled bait shall be picked up immediately or buried in gopher hole.
31.Contractor may also, at his cost hire a licensed private pest control company to conduct rodent control in City Parks. Contractor shall provide to the City the company name, address, contact person, contact person’s phone number and insurance meeting the requirements of the Maintenance Services Agreement.
Any damage caused by private pest control companies shall be repaired at landscape contractor’s expense.
S. CLEAN-UP MAINTENANCE SPECIFICATIONS
1. At no time shall grass cuttings/debris be permitted to blow on or otherwise be deposited upon public streets or private property.
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2. Contractor shall remove all debris resulting from the maintenance operations and dispose of it off-site. All grass clippings and debris shall be picked up immediately after each mowing, trimming, or other operation. In no event shall any clippings or debris be allowed to remain on-site for more than two (2) hours.
3. All debris resulting from any of the Contractor’s operations shall be removed and disposed of legally at the Contractor’s expense. No debris will be allowed to remain at the end of the work day.
4. All walkways will be kept clean/clear of debris daily. Care shall be taken not to create unnecessary hazards to foot traffic.
5. All shrub areas not under planted with ground cover will be raked clean and cultivated monthly. Care shall be exercised in cultivation not to damage susceptible plant roots.
6. The Contractor shall provide a general clean-up operation on a daily basis, remove papers, trash, or debris which may accumulate in the landscape areas, and empty trash cans throughout the parks and landscaped areas.
7. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor’s operations and at other times as required.
8. Contractor may place debris in the City’s green waste bins.
T. IRRIGATION SYSTEM MAINTENANCE SPECIFICATIONS
The following specifications on Irrigation System Maintenance shall apply to all irrigation systems regardless of location or purpose on all landscape areas as designated in the Inventory for Landscape Maintenance Areas (see Appendix II).
1. Efficient Use of Water
a. The Contractor shall establish the irrigation watering cycle, frequency and schedule. The Contractor shall review all existing irrigation controller programs and shall implement any irrigation schedule changes. Contractor shall maintain an accurate record of all irrigation controller programs and schedules and provide a written copy of same to City on a monthly basis. Additionally, Contractor shall maintain an accurate record of all irrigation water usage, quantity, and frequency and provide a written record of the irrigation water usage on a monthly basis in a form satisfactory to the City.
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b. Irrigation water application rates shall not exceed the amount the planting areas are capable of receiving without runoff and shall be consistent with the optimum moisture content for the existing soil conditions.
c. The irrigation system schedule shall be monitored and adjusted accordingly to maintain efficient use of water is applied and to eliminate overspray on hardscape.
d. In determining rates of irrigation water application, the soil type and condition, topography, and weather conditions will be utilized. The landscape areas are equipped with an automatic system that provides for repeat cycles, applying water over shorter periods that will allow for proper infiltration and thereby minimize runoff. e. The irrigation system shall be physically observed a minimum of once per month to confirm the system is operating at an optimum level of efficiency.
f. Contractor shall turn off all irrigation controllers when it is unnecessary to irrigate due to soil moisture conditions determined by Contractor to be adequate for the health and growth of the landscape materials and consistent with the optimum moisture for the soil type and conditions. System shall not be off for more than 30 days without allowing the system to operate a minimal time for good maintenance practices of the irrigation system.
g. Contractor will adjust or clean as necessary all sprinkler heads, quick couplers, or valves to continue operation of maximum efficiency and performance. Contractor shall replace these parts as needed and as directed with like in-kind or better parts.
h. Sprinkler heads shall be kept clear of overgrowth, which may obstruct maximum operation, shall be directed to the intended landscaped area, shall not overspray into other areas and shall be maintained in good condition.
i. Contractor will avoid manual activation of automatic valves. j. Contractor will keep system in adjustment by valve or head adjustment to keep all systems operating at manufacturer’s recommended operating pressures. This shall be accomplished by valve throttling and pressure gauging. At all times, the valves should be throttled to prevent sprinkler heads from fogging, allowing droplets for effective watering. At any time, the City Parks Supervisor
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may request a coverage test to evaluate proper settings, timing, usage, or maintenance of the system.
k. Contractor will be responsible for hand watering any landscape areas for which the automatic irrigation system is not functioning for any reason or in landscape areas that require spot irrigation to temporarily enhance the landscape health.
l. In those areas where a drip/water saver system is used, the Contractor may be required to hose off or wash dust/soot off plant material if required to prevent plant damage.
m. Contractor will be expected to use a minimal amount of water in all areas to maintain healthy plant growth and comply with all water conservation requirements/regulations as issued by MNWD, ETWD, and/or the State. Should any fines or increases in water rates/charges be imposed on the City due to water usage exceedance or higher water tier assessments as invoiced by any Water District above the water allowance/budget for each landscape area, the Contractor shall reimburse the City for these costs as a part of the next month’s invoice cycle. An exception to this reimbursement may be made if there was an irrigation system failure that was not the responsibility of the Contractor as solely determined by the City Parks Supervisor.
2. Reclaimed Water
a. The installation and repair of the reclaimed water system shall conform to the regulations for the construction of reclaimed water systems within the Moulton Niguel Water District (MNWD) and El Toro Water District (ETWD).
b. All on-site constant pressure reclaimed and potable water, mainline piping and buried laterals installed on this Project shall be identified in accordance with the Water District’s regulations.
• All constant pressure reclaimed water main line piping and buried laterals shall be alertline, violet-colored PVC, as manufactured by “Brownline, Inc.” or an approved equal.
Words reading “CAUTION RECLAIMED WATER” shall be
along the full length of pipe on both sides. Warning tape shall be used if standard specification PVC or galvanized pipe is used.
• Warning tapes shall be used on all constant pressure main line piping and buried laterals carrying potable water.
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• Warning tapes shall be a minimum of three inches wide and shall run continuously for the entire length of all constant pressure main line piping and all buried laterals. The tape shall be attached to the top of the pipe with a ¾” underwriter’s laboratories listed PVC electrical tape banded around the warning tape and the pipe every five (5) feet on center. • Warning tape for the constant pressure potable water piping and buried laterals shall be blue in color with the words “CAUTION WATERLINE BELOW” imprinted in a minimum
one-inch high letters, black in color. Imprinting shall be continuous and permanent. Tape shall be attached as
described above.
• Warning tape for the potable water main line and buried lateral sleeving shall be a minimum of three inches wide and shall be blue in color with the words “CAUTION WATERLINE BURIED
BELOW” imprinted in a minimum one-inch high letters, black in color. Imprinting shall be continuous and permanent. • Warning tape for all constant pressure reclaimed water piping and buried laterals shall be purple in color with the words “CAUTION RECLAIMED WATER” imprinted in a minimum
one-inch high letters, black in color. Imprinting shall be continuous and permanent. Tape shall be attached as
described above.
• Warning tape for the reclaimed water main line and buried lateral sleeving shall be a minimum of three-inches wide and shall be purple in color with the words ‘CAUTION
RECLAIMED WATER” imprinted in a minimum of one-inch
high letters, black in color. Imprinting shall be continuous and permanent. Tape shall be attached as described above.
c. All pressurized main line piping from the reclaimed water system shall be installed to maintain a ten foot (10’) minimum horizontal separation from all pressurized potable water piping. Where reclaimed and potable water pressurized main line piping cross, the reclaimed water piping shall be installed below the potable water piping in a PVC Class 150 or 200 pipe sleeve with warning tape. The sleeve shall extends a minimum of five feet (5’) on either side of the potable water piping. Provide a minimum vertical clearance of one foot.
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d. All main line piping depths are as follows: 2” piping and up to be 24” deep, 1 ½” piping and under to be 18” deep, non-pressure laterals to be 12” deep.
e. Adjust spray heads to eliminate overspray, ponding and runoff onto areas not under control of the customer, i.e., pool decks, patios, streets, and sidewalks. Reclaimed water shall not leave the use area.
f. Anti-drain check valves for the sprinkler heads are required where runoff may occur due to elevation changes.
g. All potable and reclaimed irrigation meters, strainers, control valves, and gate vales shall have a warning tag affixed to them. • Reclaimed water tags shall be weatherproof, plastic 3” x 4”, purple in color with the words “WARNING – RECLAIMED
WATER – DO NOT DRINK” imprinted on one side, and
“AVISO – AGUA IMPURA – NO TOMAR” on the other side,
imprinting shall be permanent and black in color.
• Potable water tags shall be weatherproof, plastic 3” x 4”, blue in color with the words “POTABLE WATER” imprinted on one side. Imprinting shall be permanent and black in color.
One tag shall be attached to each valve as follows:
1. Attach to valve stem directly or with plastic tie wrap OR
2. Attach to solenoid wire directly or with plastic tie wrap OR
3. Attach to valve cover with existing valve cover bolt.
4. Other equipment shall be tagged as directed by the
District’s reclaimed water specialist.
i. Hose bibs and drinking fountains are prohibited on the reclaimed water irrigation system.
j. All plastic boxes containing remote control valves, master valves, strainers, pressure regulators, gate valves, moisture sensors, wire pull boxes, quick couplers, etc. shall have their lids branded to identify each as potable water or reclaimed water and the equipment located within the boxes.
k. Obtain prior approval for all proposed changes and modifications to any on-site facilities. Such changes must be submitted to and approved by the appropriate Water District engineering office and
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designed in accordance with that Water District’s standards before installation.
l. Educate all maintenance personnel, on a continuous basis, of the presence of reclaimed water and the fact that it is not approved for drinking purposes. Given the high turnover rate of employees in the landscape industry, it is important that this information be disseminated on an almost daily basis. It is you, the landscape Contractor, who is responsible for educating each and every one of your employees.
m. All automatic controllers must be set to operate only between the hours of 9:00 p.m. and 6:00 a.m. Utilization of operating hours outside of the above-stated hours may result in additional electricity usage charges to the City. Should any fines or increases in electricity rates/charges be imposed on the City, as invoiced by Southern California Edison or San Diego Gas & Electric, the Contractor shall reimburse the City for these costs as a part of the next month’s invoice cycle.
n. Failure to comply with any or all of the above guidelines and/or Moulton Niguel Water District and El Toro Water District Regulations Manual will put your system in violation of the District’s rules and regulations and will result in termination of service until appropriate corrective steps have been taken.
3. Maintenance/Repairs
a. All repairs made by the Contractor shall be in accordance with the original details and to the satisfaction of the City Parks Supervisor. b. Contractor shall make all irrigation repairs under the Agreement regardless of the reason for the repair and are deemed included in the lump sum price proposed for Citywide Landscape Maintenance Services, except as noted in Extra Work.
c. Contractor shall be responsible for adjusting height of sprinkler risers and adjusting heads necessary to compensate for growth of plant material.
d. Until the ground cover plantings are established, care shall be exercised to minimize silting of walks from soil erosion by the use of proper irrigation programming. The Contractor shall use repeat cycles to minimize runoff when possible.
e. Automatic controllers will be kept locked at all times.
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f. All painted controller enclosures shall be painted a minimum of once per annual contract term, and as needed to keep from rusting and in good appearance. Color and paint material will be determined by the City Parks Supervisor.
g. Irrigation work performed by the Contractor will be guaranteed for a period of one year by the Contractor.
U. DRAINAGE FACILITIES
Surface Drains
1. The Contractor shall be responsible for quarterly inspections during the dry season of surface drains located within the landscaped areas. These drains shall be checked to assure proper functioning. Remove any debris, soil or vegetation that might accumulate within the drain or at the inlet to prevent proper flow of water.
2. All concrete “V” drains to include the portion under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow.
All “V” ditches will be cleared by the end of October prior to the rain season and then checked and cleaned after each major rain event.
3. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and fastened as necessary. Missing or damaged grates shall be reported to the City Parks Supervisor.
4. All surface drains in parks and other active recreation areas shall be maintained in a locked condition not allowing removal by the public. Any locking mechanism found to be in disrepair shall be replaced in kind or better by the Contractor at no additional cost.
V. INTEGRATED PEST MANAGEMENT OF LANDSCAPE MAINTENANCE AREAS Contractor shall comply with all aspects of the City’s Integrated Pest Management Policy and Implementation Guidelines (See Appendix III). In addition, the Contractor shall develop and provide its own Integrated Pest Management Program (IPM) which shall be based upon:
• Prevention
Goodpestpreventionpractices are criticalto any IPM program,and can be very effective in reducing pest incidence. Numerous practices can be used to prevent pest incidence and reduce pest population buildup such as the use of resistant varieties, good sanitary practices and proper plant culture.
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• Pest & Symptom Identification
It is important to learn to identify all stages of common pests at each site. It is also important to be sure that a pest is actually causing the problem. Often damage is caused by an
underlying problem not immediately evident.
• Regular Surveying of Pest
The basis of IPM is the development and use of a regular monitoring or scouting program. Monitoring involves examining plants and surrounding areas for pests. This information can be used to determine if pest populations are increasing,
decreasing,or staying the same.
• Action Thresholds & Guidelines
In order to have a way to determine when a control measure shouldbe taken, injury levels and actionthresholds must be set for each pest. An injury level is the level of unacceptable damage.
• Sound Management Methods
Integratedpest management programs use a variety of pest controltactics in a compatible mannerthat minimizes adverse effects to the environment. The primary pest control tactics to choose from include:
• Cultural
• Mechanical
• Biological
• Pesticide
• Contractor shall post 24hrs prior to applying any pest control products with the name of the product used and remove the sign only when the reentry period has expired.
In addition, Contractor shall produce an annual report on the usage of all pest control products, a narrative description of the benefits of this usage, the costs for the products applied, the quantities of the products applied and any recommendations for changes to the IPM, in a report form as approved by the City.
W. NON-LANDSCAPE OPERATIONS MAINTENANCE SPECIFICATIONS:
Contractor shall, on a daily basis, seven days per week, except for Holidays designated in these specifications, perform the following:
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1. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times.
2. All animal feces or other material detrimental to human health shall be removed.
3. All broken glass and sharp objects shall be removed.
4. All play sports equipment, sports fields, and play areas shall be inspected for vandalism, safety hazards, and serviceability. Deficiencies shall be reported in writing immediately to the City Parks Supervisor.
5. All litter, debris, and trash shall be cleaned up, removed and disposed of into City dumpsters.
6. Trash cans provided shall be emptied daily and washed after emptying (when necessary) as determined by the City Parks Supervisor. Contractor shall provide plastic liners for all trash cans at Contractor’s expense.
7. All barbecue grills shall be emptied of all ashes and grills cleaned.
8. All drinking fountains shall be kept clean at all times. Drinking fountains found to be clogged or not working shall be reported to the City Parks Supervisor.
9. All City gated areas shall remain closed and locked on a daily basis.
X. GUARANTEE AND/OR REPLACEMENT POLICY
All new plant material shall be guaranteed for a period of one calendar year.
Contractor will not be responsible for “Acts of Nature” defined as damage or death of plant material due to wind or storm events as determined by the City Parks Supervisor. Existing plants shall be replaced by Contractor if they are damaged or die for any reason while under the Contractor’s care at the Contractor’s expense. Replacement plant material shall be covered by a new full one-year warranty.
Y. ANNUAL BACKFLOW PREVENTER TESTING AND CERTIFICATION
Contractor shall be responsible for the annual testing, repair and certification of all City Backflow Preventers (see Appendix VII) in both the ETWD and MNWD service territories at no additional cost. City will provide the certification form and Contractor shall utilize a certified inspector to field review, repair and certify each Backflow Preventer per the schedule of each particular Water District. Contractor shall pay for any fines or penalties for late completion of the certifications.
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Z. AGENCY SPECIAL EVENTS
The Contractor shall provide additional special maintenance services before, during, and immediately following Agency Special Events, on any day or time that they occur, including but not limited to:
EVENT ANNUAL NO. OF OCCURRENCES
Memorial Day – Half Marathon 1
4th of July 1
Heritage Day 1
Volunteer Planting Days (“Rooted Events”) 4
Other City Events 2
The special maintenance services shall include dedicated staffing for irrigation control, litter and debris removal, set-up and tear-down of chairs, tables and popup canopy tents, emptying of waste receptacles, and restoring damaged landscape as a result of these events.
AA. REPORTS AND SCHEDULES
The Contractor, as part of the Agreement, shall submit reports and schedules as requested. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a performance deficiency deduction. Such reports must be detailed and thorough and may include, but not be limited to, the following:
1. Suggestions for improving problem areas.
2. Reports of work planned in the next calendar interval.
3. Cost information to perform extra work for upgrading specific areas.
4. Monthly Maintenance Schedule(s).
Contractor will be provided a monthly maintenance schedule. The Contractor will on the following week report what work was completed and what work was not complete and indicate why. If work was not completed as scheduled, Contractor shall provide a corrective maintenance schedule to the City. Notification of change in scheduled work must be received by the City Parks Supervisor at least 12 hours prior to the scheduled time for the work.
5. Monthly Irrigation Management Schedule Form(s).
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The following forms are to be filled out by the water management personnel for the previous month and turned in on the first working day of each month. • Irrigation Controller Program Log;
• Irrigation System Inspection Sheet;
• Integrated Pest Management Reports;
• Accident Reports; and
• Incident Reports.
BB. VOLUNTEER PLANTING / “ROOTED” EVENT DONATIONS
Annually, upon request, Contractor shall donate and deliver to City up to 300 onegallon plants and 15 fifteen-gallon trees of species as selected by City in support of City Volunteer Planting / “Rooted” Events. Contractor shall also assist with delivering, locating plants/trees, digging holes for trees, cleaning the planting areas, watering the new plant material, and assisting the Parks Supervisor as needed.
CC. COMMUNITY CENTER AND SPORTS COMPLEX - SPECIAL MAINTENANCE
REQUIREMENTS
Daily landscape maintenance work at this facility shall occur five (5) days per week. Cleanup, trash and debris removal at this facility shall occur seven (7) days per week, including holidays.
General: The following operational checklist shall be implemented every week as part of a Contractor’s performance and reporting requirements. The Contractor shall schedule irrigation and landscape maintenance operations so they will not interfere with sports field use or activities.
1. Inspect the sports field or play area for areas where grade changes have occurred indicated by low spots that collect water on which grass fails to grow. All sports fields shall be kept at a level grade to provide a uniform height of turf grass. This is done by topdressing low places with a sports field sand.
2. Inspect the sports field or play area for proper water drainage away from the playing surface. If drainage is not evident, irrigation management in the affected area is critical to prevent landscape failure.
3. Inspect the sports field or play area for hazardous holes or depressions that may cause a player to trip. Those found should be filled. Stones and other debris that may interfere with play or cause injury should be removed.
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4. Inspect the sports field play area to see that the soil absorbs irrigation and rainwater rapidly enough to provide reasonably good footing on the surface of the field. If improvement is indicated, schedule aerification immediately.
5. Inspect the sports field or play area to see if the turf surface is being irrigated evenly with a reasonable volume of water.
6. Inspect the sports field or play area for the conditions of turfgrass cover.
Uniform thinning over the entire area is to be corrected with additional seeding. If thinning or bare spots occur in isolated areas, replanting will be necessary.
7. Inspect brick dust areas for depressions. All brick dust areas shall be raked level and depressions filled on Friday of each week. Annually, acquire and spread replacement brick dust at no additional cost.
Contractor shall perform the following daily duties:
A two (2) person crew shall be assigned full-time at this facility and shall accomplish the following work (Monday through Friday).
MONDAYS
1. Clean and rake all playground sand areas and blow off rubber surfaces.
2. Pick up litter from entire site, change trash liners, and clean BBQs.
3. Blow out baseball and softball dugouts.
4. Clean skate park area
5. Blow out hockey rink
6. Maintain skate park slopes and planters.
7. Spray around trees and planters as needed.
8. Early a.m. blow off Community Center Plaza.
9. Detail shrub and flower planter areas.
10. Remove weeds.
11. Move and lock up soccer goals.
12. Clean drinking fountains.
13. Clean the parking lots.
14. Clean hockey rink.
TUESDAYS
1. Clean and rake all playground sand areas.
2. Pick up litter from entire site and change trash liners as needed.
3. Mow all sports fields and grade brick dust at little league field.
4. Clean skate park area
5. Blow out hockey rink
6. Prune and clean all rose planters/color.
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7. Detail shrub and flower planter areas.
8. Remove weeds.
WEDNESDAYS
1. Clean and rake all playground sands areas and blow off rubber surfaces.
2. Pick up litter from entire site and change liners as needed.
3. Clean skate park area
4. Blow out hockey Rink
5. Mow all fescue areas, Skate Park, Sports Park, and Community Center.
6. Maintain playground slopes and planters.
7. Blow out baseball and softball dugouts.
8. Detail shrub and flower planter areas.
9. Remove weeds.
THURSDAYS
1. Clean and rake all playground sand areas.
2. Pick up litter from entire site and change liners as needed.
3. Clean skate park area
4. Blow out hockey rink
5. Mow all sports fields and grade brick dust at little league field.
6. Maintain shrub-beds on upper and lower parking lot areas.
7. Early a.m. blow off Community Center Plaza.
8. Detail shrub and flower planter areas.
FRIDAYS
1. Clean and rake all playground sand areas and blow off rubber surfaces.
2. Pick up litter from entire site and change liners as needed.
3. Clean skate park area
4. Maintain bike trail slope.
5. Blow off all hardscape and lower parking lots.
6. Clean up storage areas and trash receptacle areas.
7. Detail shrub and flower planter areas.
A one-person crew shall be assigned full-time at this facility and shall accomplish the following work (Saturday/Sunday).
SATURDAYS
1. Clean and rake all playground sands areas.
2. Pick up litter from entire site and change liners as needed.
3. Clean skate park area
4. Detail shrub and flower planter areas.
5. Clean and organize storage garage.
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SUNDAYS
1. Clean and rake all playground sand areas.
2. Pick up litter from entire site and change liners as needed.
3. Clean skate park area
4. Detail shrub and flower planter areas.
FERTILIZATION
Apply fertilization materials in accordance with the Sports Complex Turf Management Schedule herein.
SEASONAL WORK
Change out color five (5) times per year with 74 flats each time at various locations/planters on site at no additional cost.
DD. COMMUNITY CENTER AND SPORTS COMPLEX - ANNUAL MAINTENANCE
PROGRAM
Contractor shall perform the following:
TURFGRASS
Annual Hybrid Bermuda Grass Maintenance Program
The turfgrass program set forth here addresses rootzone chemical properties while still providing a prudent nutritional program for healthy plant growth.
Mowing
Mowing height and frequency is based on the turfgrass species and growth activity.
The hybrid Bermuda grass at Laguna Hills prefers to be mowed at a height of ½ to ¾ inch. The City recommends that the height-of-cut for the fields at Laguna Hills be at the upper end of the range due to the high amount of traffic that they will receive (¾ inch).
Mowing frequency is based on the one-third rule, which means that no more than 1/3 of the leaf is removed during mowing at any one time. During the growing season (spring, summer, and the first half of autumn), the field should be mowed two days per week to satisfy the one-third rule and to maintain a dense tight canopy that will support heavy use. As the Bermuda growth slows (during cooler temperatures) mowing frequency will be lessened to perhaps once a week. During dormancy (December to March) the field may only require mowing monthly, if that.
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Clippings should be left and not collected, except on the Little League infield.
Mowing should be done with a reel-type mower with the proper reel-to-bedknife adjustment to avoid tearing and ripping the grass. The type of unit used in mowing should have both a front and rear roller on each of the cutting units to maintain an even uniform cut. Alternating directions with each mowing will minimize grain and help prevent the grass from laying down in one direction or the other. Alternating mowing directions is important in maintaining a tight dense canopy for wear tolerance.
Verticutting
Periodically during the growing season, it is necessary to “thin out” the aggressively growing Bermuda. Verticutting removes thatch and severs stolons and stems that help to maintain a dense tight canopy. Removing the thatch slows for more efficient use of water and nutrients. De-thatching also helps control the sponginess of the surface creating a better growing environment for the grass and better playing conditions for users. It also prevents the potential for scalping when mowing.
Verticutting shall be done at least once each year during the summer months when the schedule allows. The debris generated from the verticutting process should be removed and discarded in the appropriate manner.
Irrigation
One of the most important items in providing and maintaining optimum growing conditions for the grass and playing conditions for the users is proper water management. Too much water is usually worse than too little water. With the high sand rootzone in Laguna Hills, proper irrigation is extremely important for plant health and field playability.
Proper irrigation scheduling is something that must be monitored daily. Climatic conditions dictate the amount of water to apply. Obviously, hot sunny days in the summer require more water than cool cloudy days in the winter. Scheduling when to water and how much to water is something that must be looked at each day.
The irrigation should be scheduled in such a way that it will not interfere with any activity on the fields. If games are scheduled only in the evenings then it should be scheduled to complete watering by 6 a.m. to allow for a drying period before activity. This will also allow for mowing and other fieldwork to take place during the day without interference. If early morning play is scheduled then the irrigation system would need to be started earlier to avoid interference with activity. The very best time to irrigate during the summer months is in the early morning hours (2 a.m. to 6 a.m.). The idea is to avoid water on the leaf tissue for any length of time. Watering in the early morning allows the water on the leaves to be quickly
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evaporated by the rising sun. Watering in the early evening is perhaps the worse time to irrigate because water will remain on the leaf tissue all night and into the morning hours until the sun can finally evaporate it from the leaf surface. The longer water remains on the leaf tissue the more susceptible the plant is to disease.
The precipitation rate of the irrigation system at Laguna Hills is approximately ½ inch per hour based on the head spacing of the Hunter I-40 system. The nozzle used will affect water output from each head and will affect the precipitation rate.
The booster pump, when operating, will also affect the precipitation rate. The precipitation rate of the irrigation system is important to know since it affects how the system is scheduled and operated during the course of the year. An irrigation specialist should verify the precipitation rate of the system at Laguna Hills.
Aeration
At least four times per year, the fields should be core aerated to help relieve soil tension caused by compaction. Even sand-based rootzones require periodic core aeration.
Core aeration should be done during the growing season so the grass can repair itself from the damage created by this beneficial process. The cores or plugs generated from this process should be removed; however, they can be broken up by dragging with a dragmat or mowed.
Topdressing
Topdressing is an important part of turfgrass management. It not only helps to level the surface area; it also assists in the decomposition of thatch and enhances the environment for beneficial microbial activity.
The topdressing material used should be very similar to the composition of the rootzone to avoid any potential problems with layering. Topdressing material shall be composed of washed medium sand (0.25 mm to 0.50 mm) combined with a well-decomposed peat moss at a ratio of 10 parts sand to 1 part peat. The two could be applied separately and dragged in with a dragmat or brush.
Application rate should not exceed ¼ inch in depth. To apply topdressing at ¼ depth it will require 34 cubic yards of material per acre. Topdressing should be done in conjunction with core aeration during the summer months or at a time when the field has no scheduled activity.
The topdressing equipment should be capable of evenly and uniformly distributing the material.
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Topdressing of the entire athletic playing surface shall be done as needed on an annual basis. Contractor shall provide topdressing machine and silica sand materials and shall be responsible for application of topdressing at no additional cost.
Sodding
With the anticipated field scheduling it will most likely be necessary to periodically re-sod certain areas of both the soccer field and the baseball field. The Contractor shall sod worn out areas as directed on an ongoing basis. In particular, the goal mouths and sideline areas of the soccer field and the areas in front of the dugouts, around home plate, and in front of the pitcher’s mound on the baseball field.
The soccer goal mouths and sideline areas may not require sodding if the fields are occasionally moved or rotated to spread out the wear. The baseball field however cannot be moved and annual re-sodding in the highest traffic areas will most certainly be required.
It’s important to resod with the same turfgrass species and variety that presently exists to maintain uniformity and growth habits. The grass at all three fields is hybrid Bermuda as specified by the City Parks Supervisor.
When re-sodding it’s equally important to maintain the same or similar growing medium that the field is constructed with to avoid severe layering. Creating a significantly different layer of soil on top of the constructed rootzone will have an adverse effect of turfgrass growth. Maintaining a similar soil medium at the sod/rootzone interface will minimize problems in achieving healthy turfgrass growth.
Any re-sodding should be done during the growing season for hybrid Bermuda grass. The best times to re-sod are during the months of June, July, or August.
This re-sodding work is designated as Extra Work.
Every two years, the City completely re-sods the two soccer fields. From July 5th to September 1st during the time of re-sodding, these two fields will be closed. This work is extra work that may or may not be performed under the Agreement at the City’s discretion. A separate specification will be provided at the time of that work.
Overseeding
The City requires a prudent interseeding program for Laguna Hills soccer fields with minimum overseeding during the winter months. During the month of December thru February, the soccer fields shall be overseeded with VIP perennial ryegrass, 3 Blends @ 12 lbs per 1,000 sf.
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Contractor shall be responsible for renting and installing at no additional cost to the City, Temporary chain link fence to close of the three-acre soccer field parcel while overseeding is getting established
Perennial ryegrass is the seed most commonly used and the one the City recommends for interseeding. It germinates with five days under optimum conditions and becomes established within three weeks. The seed used should be certified “blue tag” seed. Using this high-quality seed will prevent the introduction of weeds and will maximize the germination rate of the seed.
Seeding rate for athletic fields should be between 10 and 12 lbs per 1,000 sf. The best results are obtained using a slit-seeder that sets the seed slightly in the soil to allow for maximum germination. This is important when the field cannot be taken out of play for any length of time. A broadcast type seeder can also be used by the seed mortality rate is much greater than with a slit-seeder. A topdress material composed of organic matter and peat sand should be used on the soccer fields, since the overseed occurs during the month of December. The overseeding and topdress material shall be provided and installed at no additional cost.
EE. LAGUNA HILLS COMMUNITY CENTER AND SPORTS COMPLEX - SOFTBALL
FIELD SYNTHETIC TURF SPECIAL MAINTENANCE
EQUIPMENT
FieldTurf GroomRight:
Setting:
When setting the FieldTurf GroomRight for use, the rotating tines (aerating stars) should penetrate the infill by ¾”. The rakes should penetrate the infill by ½”. The brushes should not penetrate the infill. Frequency shall be; raking- 4-6 weeks, brushing- 4-6 weeks, aerating- As needed beginning in second year. The recommend vehicle for pulling the grooming equipment is a small tractor with turf tires. Never drive faster than 3 mph and always make wide turns.
FieldTurf SweepRight:
Setting:
When setting the SweepRight for use, make sure that the brushes never penetrate the infill. Proper removal of debris will only require the brushes to penetrate the top of the fibers. The sweeping will be done twice per month or as needed. The recommend vehicle for pulling the grooming equipment is a small tractor with turf tires. Never drive faster than 3 mph and always make wide turns.
VEHICLES
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Ensure that the machines being used are not leaking. All vehicles should be inspected for possible leakage of oil or hydraulic fluids prior to accessing the field.
Vehicles should not exceed the field load-bearing capacity of 70 pounds per square inch (70 psi). Only Vehicle equipped with pneumatic rubber turf tires are permitted to drive directly on the field surface. Turning of the Vehicle on the surface should be done in a wide radius. Turning of the Vehicle should only be done when the vehicle is in forward motion. Abrupt and sudden breaking must be avoided.
Sudden acceleration and spinning of the wheels must be avoided. Vehicle wheels must be clean at all times to prevent mud or dirt from being deposited on the field surface
Improper use can damage the equipment and the field. The following key facts must be observed:
• Do not operate any equipment until it is on the field • Do not operate any equipment while in a stationary position • Always turn off equipment just before stopping
• When sweeping, check your collector basket immediately after starting and do so often
• Collecting too much rubber while sweeping will indicate improper settings • Pay special attention to high traffic areas, where the fibers and infill levels may be different from other parts of the field. Adjust the settings accordingly
• Driving of vehicle should be down along the seams of synthetic as much as possible
FIELD MAINTENANCE:
Debris Control:
All synthetic turf areas shall have regular program of debris pick up while utilizing “hand removal”, supplemented by “mechanical removal” of all foreign objects other than synthetic turf fibers and infill rubber. Hand Removal may include plastic rakes and/or back pack blowers. When using a backpack blower, never point back blower down towards turf, rather hold the blower as low and parallel to the synthetic as possible to minimize the displacement of infill. Mechanical removal shall be employed as needed to aid in maintaining the synthetic turf in a “debris free” condition. Mechanical removal shall be completed utilizing a lightweight multipurpose utility/tow vehicle with wide turf type wheels. The vehicle shall tow FieldTurf Sweep Right. The proper use of the sweeper shall not remove the rubber infill in the synthetic turf. The brush setting shall be monitored. The actual setting shall be set so that it barely touches the tips of the fibers of the synthetic turf. Do not set the brush so low that it digs into the infill material or backing Surface Brushing and Raking:
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All synthetic turf shall have a regular program of surface brushing and Raking utilizing Fieldturf GroomRight to raise the synthetic fibers and even out infill. At all times, there must be no less than ½” and no more than ¾” synthetic turf showing above infill. Maintaining the infill is critical to fiber performance and player safety.
Surface raking shall be employed every 4-6 weeks to maintain proper infill planarity and infill depth. Surface raking should never penetrate the infill by more than ½”.
Surface brushing shall be employed every 2 weeks to maintain proper infill depth and fiber appearance. Surface brushing should never penetrate the infill. In high traffic areas such as home plate, 1st base, 2nd base, 3 base and pitching circle; Infill top dressing may be needed. This will be done by adding infill by hand to those areas and by using a plastic rake or broom, sweep/rake the infill into the low areas around the bases/pitching circle. Infill topdressing by hand should be done after every game or as needed.
Infill Material:
Weekly, inspect the base path areas for the condition of the infill material. Rake any displaced infill to its intended location as recommended by the manufacturer.
Add infill material to create a flush uniform fill as recommended by the manufacturer and best management practices at no additional cost.
Task Frequency Summary (occurrences per year)
Synthetic Turf
Annual Days
Hand-Pick Litter and Debris…………………………………… 260
Leafblow entire field and dugouts….……………………………. 52
Sweeping…………………………………………………………… 24
Brushing/Raking…………………………………………………… 12
Top-Dress Infield Infill………………………………………...........52
FF. CABOT PARK - SPORTS FIELD AND LANDSCAPE MAINTENANCE –
SPECIAL MAINTENANCE REQUIREMENTS
General: The following operational checklist shall be implemented on a weekly basis as part of a Contractor’s performance and reporting requirements. The Contractor shall schedule irrigation and landscape maintenance operations so they will not interfere with sports field use or activities.
1. Inspect the sports field or play area for areas where grade changes have occurred indicated by low spots that collect water on which grass fails to grow. All sports fields shall be kept at a level grade to provide a uniform height of turf grass. This is done by topdressing low places with a sports field sand.
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2. Inspect the sports field or play area for proper water drainage away from the playing surface. If drainage is not evident, irrigation management in the affected area is critical to prevent landscape failure.
3. Inspect the sports field or play area for hazardous holes or depressions that may cause a player to trip. Those found should be filled as directed by the City Parks Supervisor. Stones and other debris that may interfere with play or cause injury shall be removed.
4. Inspect the sports field play area to see that the soil absorbs irrigation and rain water rapidly enough to provide reasonably good footing on the surface of the field. If improvement is indicated, schedule aerification immediately.
5. Inspect the sports field or play area to see if the turf surface is being irrigated evenly with a reasonable volume of water.
6. Inspect the sports field or play area for the conditions of turfgrass cover.
Uniform thinning over the entire area is to be corrected with additional seeding. If thinning or bare spots occur in isolated areas, replanting will be necessary in those areas.
7. Inspect brick dust areas for depressions. All brick dust areas shall be raked level and depressions filled on Friday of each week. Annually, acquire and spread replacement brick dust.
Maintenance
General: The Contractor shall be responsible for providing all labor and materials necessary for the upkeep of sports fields. Since sports fields are high-use facilities, maintenance operations must be performed during short breaks in athletic scheduling to accomplish required turf care. Special provisions for sports field maintenance shall include, but not be limited to, the following:
1. Aerification:
a. Shall be scheduled to precede scheduled rejuvenation operations. b. Frequency shall be four (4) times per year at a 3” minimum core depth with a maximum spacing between holes of 4”; to be accomplished by making three passes at right angles to one another.
2. Irrigation:
a. Monitor controller stations and adjust irrigation schedules daily or as necessary.
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b. Check all sports fields daily with a soil probe for adequate moisture. c. Minor repairs shall be completed within four (4) hours of notification. d. Check irrigation systems weekly or more frequently if directed by the City Parks Supervisor. System checks shall be verified by Supervisor and recorded weekly.
e. Special water requirements (i.e., field reseeding operations, fertilization programs, etc.) shall be monitored by Contractor personnel seven (7) days per week or as necessary.
3. Fertilization:
Turf fertilizer will be applied per the Annual Fertilization Schedule A with the exception that turf will be fertilized a minimum of six (6) ten (10) times per year to maintain a deep green color and healthy root system. All other plant material will be fertilized in accordance with the “Specific Requirements” section of this document. Four (4) times per the Annual Fertilization Schedule (see Appendix VI).
4. Mowing:
Sports field turf will be mowed in accordance with these specifications except that sports fields will be mowed using reel type mowers only. Rotary mowers will not be used on sports fields. Reel type mowers for Cabot Park will be stored in the storage facilities at the park and will be used exclusively for Cabot Park and not on any other turf areas in the City will be cleaned thoroughly prior to use to eliminate the introduction of off-site weed seeds. Ball diamonds will be edged weekly. The brick dust areas will be grass and weed free.
5. Topdressing:
Topdressing of the entire athletic playing surface shall be done as needed on an annual basis. Contractor shall provide topdressing machine and silica sand materials and shall be responsible for application of topdressing at no additional cost.
GG. CIVIC CENTER AND EL TORO ROAD STREETSCAPE – SPECIAL
MAINTENANCE REQUIREMENTS
Civic Center
Landscape maintenance work at this facility shall occur five (5) days per week.
Daily tasks include but are not limited to:
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1. Inspect the Civic Center area for any landscaping or irrigation adverse conditions requiring maintenance. Prepare a monthly report of the inspection log and notes, including any adverse conditions identified and the actions taken to address the adverse conditions.
2. Blowing parking lot, collect leaves and debris.
3. Removing debris from the landscape.
4. Removing debris, including olive and date fruit from trees and from all walkways.
5. Remove any and all weeds from planter beds.
6. Notify City Parks Supervisor of any potential hazards, such as broken hardscape, tripping hazards or holes.
The turf at the Civic Center will be mowed weekly and landscape maintenance shall be performed monthly or as needed.
El Toro Rd Streetscape (Parkways, Enhanced Corners and Median Islands) El Toro Road is one of the main entry points into the City and given its close proximity to the Civic Center and Central Business District of the City, additional maintenance detail is given to the area on El Toro Road between Avenida de La Carlota and Paseo de Valencia. This special detail occurs weekly. Weekly tasks include but are not limited to:
1. Removing debris from the landscape in the right-of-way and median islands
2. Blowing and removing debris from all walkways
3. Removing any and all weeds from right-of-way and medians islands. This includes removing all tree saplings that may growing in the landscape.
4. Adjusting and straightening tree stakes, including training upright growth of the trees, as needed.
5. Removal of tree seed pods. One to two times per year, depending upon tree production (the Bauhinia x blakenana produces seed pods that are to be removed).
6. Red Apple shall be kept green in color. Fertilizer or pesticide shall be applied as necessary to achieve this result.
The regular landscape maintenance will be performed monthly.
HH. WETLANDS AND NATURAL HABITAT MAINTENANCE SPECIFICATIONS The Alicia Wetlands and natural habitat is an approximate ten acre fenced site located along the northerly side of Alicia Parkway from Via Lomas to Moulton Parkway. This area shall be inspected and maintained on a quarterly basis for routine landscape maintenance and annually (prior to the rain season) for water course functionality and drainage system operational condition. All work shall be
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performed with common landscape maintenance hand tools. The following Wetland maintenance activities shall include but are not limited to:
1. Check for and remove invasive wetland plants
2. Inspect low flow orifices and other pipes for clogging.
3. Check for debris including any homeless encampments
4. Clean and remove debris after major storm events
5. Inspect wetlands for possible mosquito production
6. Identify broken signs, locks, and fencing in need of repair.
7. Repair erosion and downcutting of water course.
8. Remove vegetation that may impede water flow into or out of the area.
9. Provide a quarterly written report of work performed and inspection findings.
The Oso Wetlands and Pond is located within a maintained landscape area on the northerly side of Oso Parkway easterly of Moulton Parkway. This approximate onehalf acre area primarily consists of a pond with land fingers and cattail reeds. The following maintenance activities shall include but are not limited to:
1. Quarterly inspect this area and remove invasive species, litter and debris.
2. Annually, each January, cut all cattail reeds to the water line.
3. Monitor for any mosquito production.
4. Provide a quarterly written report of work performed and inspection findings.
II. LANDSCAPE MAINTENANCE EQUIPMENT
The following equipment shall be provided by the Contractor for landscape maintenance operations in the City of Laguna Hills. Equipment may be owned, leased, and/or rented by the Contractor. All equipment, except hand tools, shall not be more than five (5) years old at the beginning of the Landscape Maintenance Services Agreement. All equipment shall receive scheduled preventative maintenance to promote equipment reliability and ensure optimum performance at all times. All equipment is subject to the City Parks Supervisor approval. Any piece of equipment deemed unsatisfactory by City Parks Supervisor shall be repaired or replaced immediately.
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MOWING EQUIPMENT
1. Mechanically, ground driven or hydraulic driven gang reel mowers capable of providing variable cutting widths and cutting heights of 1” shall be used on warm season turf grasses such as common Bermuda and Kibyuy grasses.
2. Hydraulic driven reel mower with reels having a minimum of nine blades commonly referred to as Triplex mowers shall be used on all hybrid Bermuda turfgrasses. Mowers shall provide a minimum cutting width not to exceed 84”. Mowers shall be capable of providing cutting heights from ¾” to ½” and have the ability of collecting grass clippings if deemed necessary by the City Parks Supervisor.
3. Rotary mowing lawn tractors shall be used to cut cool season grasses or overseeded dormant Bermuda. Mower deck widths shall vary depending on terrain and location; however, a minimum width of 60” shall be maintained. Mowers shall be capable of providing cutting heights from 1 ½” to 3” and have the option of collecting grass clippings if deemed necessary by the City Parks Supervisor, and or mulching to eliminate green waste.
Minimum three (3).
4. Self-propelled walk behind seven (7) bladed commercial reel mowers with the capability of collecting grass clippings will be required on small turf areas, i.e. John Deere or Jacobson Greens Mower.
VERTICAL MOWERS/DETHATCHER
1. Self-propelled walk behind vertical cutting mowers (renovators) shall be used on small turf areas such as areas not easily accessed by larger vertical cutting mowers, or areas deemed necessary by the City Parks Supervisor.
2. A vertical cutting mower (dethatcher) hydraulically or P.T.O. driven from attached tractor with a minimum cutting width of 60” shall be used on large turf areas. Blades shall be free swinging and spaced a maximum of 2” apart.
3. A vertical cutting mower (renovator) hydraulically or P.T.O. driven from attached tractor with fixed 1/8” thick, 12” diameter, 8-10 pointed slicing type blades, spaced a maximum of 2” apart, shall be used on all hybrid Bermuda grasses.
FLAIL MOWER
A flail mower hydraulically or P.T.O. driven from attached tractor with a minimum cutting width of 60” shall be used on all areas requiring periodic weed abatement
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mowing. Flail mower shall be equipped with appropriate type, free swinging blades spaced a maximum of 2” apart.
TURF VACUUM/POWER RAKE
Contractor shall include a turf vacuum/power rake having the capability to pick up leaves, verticut clippings, turfgrass clippings, aeration plugs, and other debris. Turf vacuum/power rake shall be a minimum of 60” wide, and have an agitating raking mechanism to aid in the proficiency of the vacuum.
AERATOR
1. Walk behind, self-propelled aerators shall be used on smaller turf areas such as: median islands quads, areas not easily accessed by larger aerators, or other areas deemed necessary by City Parks Supervisor.
Aerators shall have tines ¾” in diameter spaced a maximum of 3” apart.
2. Aerators a minimum of 60” wide shall be used on large turf areas. Aerators shall run under their own power or be pulled from an attached tractor.
Aerators shall be capable of following contours and minor grade changes in the turfgrasses. Aerator tines shall be ¾” in diameter, spaced a maximum of 3” apart, and be capable of penetrating the soil to a minimum depth of 5”.
Aerators capable of collecting plugs for removal may be required by the City Parks Supervisor.
FERTILIZER SPREADER
Contractor shall include a fertilizer spreader, P.T.O. driven from attached tractor with a minimum hopper capacity of 600 lbs.
UTILITY TRACTOR
Contractor shall include a utility tractor capable of operating specified equipment.
Tractor shall provide power to auxiliary equipment. Power provided (hydraulic or P.T.O.) shall be within manufacturer specified limits for attached equipment, i.e. dethatching, aerating, turf vacuuming implements.
TOPDRESSER
Contractor performing maintenance on athletic fields will need to include marathon topdressing machine or be expected to rent and provide this type of equipment for this periodic service. Topdresser shall be capable of spreading ¼” of topdressing mix on a 300’ X 200’ soccer field in a normal working day.
IRRIGATION REMOTE CONTROL UNITS
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Contractor shall include as many Rain Master or equal remote control transmitter and receiver model #RT5 and RRAD and Smart Mobile Phones for the irrigation technicians to utilize to facilitate efficient testing and modifying of irrigation systems and controller schedules.
VEHICLES
General: All Contractor’s employees that utilize vehicles shall maintain a valid State of California Driver’s License. The Superintendent, Forepersons and Irrigation Technicians shall each maintain a valid State of California Driver’s License.
1. For general maintenance and frequent hauling across turf areas, only light utility vehicles with turf tires shall be utilized.
2. For all crew transportation and equipment transportation, utilize licensed vehicles of the appropriate size for the intended use. All vehicles shall be in good working condition, be less than five years old from the date of manufacture, be uniform in appearance, have the Contractor’s name clearly displayed on each vehicle and shall be maintained at all times without visible vehicle or paint damage.
3. Two (2) vehicles shall be provide for independent use by the two irrigation technicians.
4. All vehicles shall have emergency flasher safety beacons affixed to the top of the vehicle as needed.
APPENDIX I
DRAFT LANDSCAPE MAINTENANCE
SERVICE AGREEMENT
***SAMPLE DRAFT CONTRACT – SUBJECT TO CHANGE ON FINAL *** 1 1827071.1
CITYWIDE LANDSCAPE MAINTENANCE
SERVICES AGREEMENT
(____________)
THIS LANDSCAPE MAINTENANCE SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this __ day of _______ 2024, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as “City”), and ______________, INC., a California corporation (hereinafter referred to as “Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has determined that there is a need to retain the services of a qualified and experienced company capable of performing citywide landscape maintenance services, including, but not limited to, daily landscape maintenance of cutting, trimming, mowing, edging, raking, and weed control of city owned landscape spaces of turf, ground cover, shrubs, trees, slopes and open spaces, cleaning of playground areas, litter and trash removal, light tree trimming, planting, irrigation system maintenance and repair, backflow prevention testing, specialized sports field maintenance, synthetic turf maintenance and integrated pest management, as well as periodic, routine inspection and maintenance of specified City parks, slopes, and open space, on a regular ongoing, as well as on-call, as-needed basis (the “Project”).
B. In response to City's Notice Inviting Bids and Specifications for Citywide Landscape Maintenance Services, dated __________, 2024, Contractor has submitted to City a formal written proposal, dated __________, 2024, to provide full-service citywide landscape maintenance services to City for the Project pursuant to the terms and conditions of this Agreement and in accordance with the General Provisions, Special Provisions, and Specifications set forth in the City's Notice Inviting Bids and Specifications for Citywide Landscape Maintenance Services.
C. Contractor represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, labor and equipment, and expertise to provide the requested citywide landscape maintenance services and has agreed to provide such services to City for the Project as provided herein. City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein.
D. City now desires to retain Contractor to provide such work and services for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
***SAMPLE DRAFT CONTRACT – SUBJECT TO CHANGE ON FINAL *** 2 1827071.1
AGREEMENT
1. MAINTENANCE SERVICES
1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Contractor promises and agrees to provide, furnish, and perform citywide landscape maintenance services to City for the Project as set forth in Contractor’s Proposal/Scope of Work, dated ____________, 2024, in accordance with the General Provisions, Special Provisions, and Specifications set forth in the City's Notice Inviting Bids and Specifications for Citywide Landscape Maintenance Services, dated ___________, 2024, which are each attached hereto as Exhibit “A” and Exhibit “B”, respectively, and are incorporated herein by reference (hereinafter referred to as the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Contractor acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills, equipment, labor, and abilities and that, consistent with this understanding, Contractor’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such service and work and with the standards recognized as being employed by contractors in the same discipline in the State of California.
Contractor represents and warrants that it is skilled in the discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement. Contractor represents and warrants that it and all of its employees and subcontractors providing services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the City’s Notice Inviting Bids and Specifications for Citywide Landscape Maintenance Services, dated _________, 2024, and, (3) the Contractor’s signed, original Proposal/Scope of Work dated __________, 2024 (“Contractor’s Proposal”), including the Contractor’s Schedule of Performance and Schedule of Compensation/Fees/Rates and Unit Prices, submitted to City in response to City's Notice Inviting Bids and Specifications for the Project, which shall all be referred to collectively hereinafter as the “Contract Documents.” The Contractor’s Proposal and the City’s Notice Inviting Bids and Specifications for the Project, which are attached hereto as Exhibit “A” and Exhibit “B,” respectively, are hereby incorporated by reference and are made part of this Agreement. All provisions of this Agreement, the Contractor’s Proposal, and the City’s Notice Inviting Bids and Specifications for the Project, shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; (2nd) the terms, conditions, requirements, and provisions of the City’s Notice Inviting Bids and Specifications for the Project (Exhibit “B”); and (3rd) the provisions of the Contractor’s Proposal (Exhibit “A”).
1.3 Compliance with Law. Contractor shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA regulations and requirements. Contractor shall keep
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itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Work and Services, including all Cal/OSHA regulations and requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Contractor performs any Work or Services in violation of such laws, rules, and regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom.
Contractor shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its trade and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement, and Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to obtain such licenses, permits, and approvals of whatever nature that are legally required to perform the Work or Services.
1.5 Familiarity with Work. By executing this Agreement, Contractor represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor represents and maintains that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.
1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
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1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in either Contractor’s Proposal/Scope of Work (Exhibit “A”) or in City's Notice Inviting Bids and Specifications for Citywide Landscape Maintenance Services (Exhibit "B"), or to make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating therein any adjustment in the Maximum Annual Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Contractor.
It is expressly understood by Contractor that the provisions of this section shall not apply to the Work and Services specifically set forth in the Contractor’s Proposal/Scope of Work or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Services identified in the Contractor’s Proposal/Scope of Work exceeds any time or material amounts or estimates provided therein.
1.9 Prevailing Wages.
1.9.1 Prevailing Wage Laws. The City has determined that the Work and Services under this Agreement requires work of labor categories which are subject to Prevailing Wage Laws identified in the State of California Labor Code. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
1.9.2 Labor Code/DIR Compliance. Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:
(A) This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.
(B) Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement. (C) Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and
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the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the Term of this Agreement.
(D) Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2). (E) Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. (F) Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
(G) Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and the Contractor and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)
(H) Pursuant to California Labor Code Sections 1860 and 3700, Contractor will be required to secure the payment of compensation to its employees. By signing this Agreement, Contractor hereby certifies as follows:
“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.”
(I) Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
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requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
1.10 Water Quality Management and Compliance.
1.10.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during performance of the Services or Work. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its bid or proposal accordingly, and assumes any and all risks and liabilities associated with and arising therefrom.
1.10.2 Compliance with Water Quality Laws, Ordinances, and Regulations.
Contractor shall keep itself and any subcontractors, staff, agents, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by, the performance of the Services or Work, including, without limitation, all applicable provisions of: the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal. Water Code § 1300 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local or state agency having jurisdiction over the location where the Services or Work are to be performed, conducted, or provided, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
1.10.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances, and regulations listed in subsection 1.10.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Laguna Hills Local Implementation Plan (“LIP”), and the applicable Water Quality Management Plan (“WQMP”). Such documents contain the Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dryweather urban runoff, storm water runoff, and receiving water quality. Contractor hereby acknowledges and agrees to be familiar with the DAMP, the LIP, and the WQMP, and agrees to comply with the requirements specified therein.
1.10.4 Standard of Care. Contractor represents and warrants that all employees and subcontractors performing any Services or Work hereunder shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies described in Sections 1.10.2 and 1.10.3 of this Agreement.
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Contractor further represents and warrants that it, its employees and subcontractors will receive appropriate training regarding the requirements of the laws, regulations, and policies described in subsections 1.10.2 and 1.10.3 of this Agreement as they may relate to the Services.
1.10.5 Liability for Water Quality Non-Compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in subsections 1.10.2 and 1.10.3 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its elected and appointed officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its elected and appointed officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in subsections 1.10.2 and 1.10.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole negligence, willful misconduct or active negligence of the City, its elected and appointed officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, and policies described in subsections 1.10.2 and 1.10.3 of this Agreement, or any other relevant water quality law, regulation, or policy.
1.11 Intentionally omitted.
1.12 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
1.13 Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any Work and/or Services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.
2. COMPENSATION
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2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation/Fees/Rates and Unit Prices set forth in Contractor’s Proposal/Scope of Work, but not exceeding the total maximum annual contract amount of _____________________Dollars ($___________) (hereinafter referred to as the "Maximum Annual Contract Amount"), except as may be provided pursuant to Section 1.8 above and Section 2.4 below. Compensation shall be payable according to the fees and at the rates, charges and unit prices set forth in Exhibit “A” attached hereto. The Maximum Annual Contract Amount shall include the attendance of Contractor at all Project meetings deemed reasonably necessary by the City. Contractor shall not be entitled to any increase in the Maximum Annual Contract Amount for attending these meetings.
The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
2.2. Method of Payment. Unless some other method of payment is specified in the Contractor’s Proposal/Scope of Work (Exhibit “A”), in any month in which Contractor wishes to receive payment, no later than the 10th working day of such month, Contractor shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Work or Services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.
2.3 Optional CPI Adjustment. The fees, rates and/or unit prices set forth in Contractor’s Proposal/Scope of Work (Exhibit "A") shall remain fixed and unchanged for the first two (2) years of the term of this Agreement (i.e., from ________, 2024, through _________, 2026). Thereafter, Contractor may submit a request to adjust its fees, rates and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust fees, rates and/or unit prices shall be made at the sole discretion of the City Manager, in writing, and is subject to the City's approved budget. Such fee, rate, and/or unit price adjustment(s), if any, shall not exceed the value of the change of the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of April of any given year. In no event shall any adjustment of any fee, rate or unit price exceed five percent (5%) per year regardless of CPI or any other cost factors.
2.4 Changes in Scope. In the event any change or changes in the Scope of Work or Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees for services. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional work or services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
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2.5 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance set forth in Contractor's Proposal/Scope of Work (Exhibit “A”).
3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services or Work within the time period(s) established in the Schedule of Performance set forth in Contractor's Proposal (Exhibit “A”). When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.
3.3 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of five (5) years, commencing on _________, 2024 and ending on ___________, 2029 (“Initial Term”). The City shall have the unilateral option, at its sole discretion, to renew and extend the term of this Agreement for no more than one additional three (3) year term (“Renewal Option”) under the same terms and conditions.
3.4 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.
3.5 Intentionally omitted.
4. COORDINATION OF WORK
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4.1 Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: ________________, President & Secretary. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Contractor’s responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required without prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City.
Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.
4.4 Independent Contractor.
4.4.1. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine
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the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents and volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement.
Contractor, its officers, employees, or agents shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s officers, employees, representatives or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.
4.4.2. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
4.4.3. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with the performance of any Work or Services under this Agreement. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing any services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, representatives, subcontractors, or agents, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.
4.5 PERS Eligibility Indemnification.
4.5.1 In the event that Contractor or any employee, agent, or subcontractor of Contractor providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of
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City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
5. INSURANCE
5.1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
5.2.1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations.
Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
5.2.2 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage.
The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
5.2.3 Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
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5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
5.4.1 The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
(A) Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
(B) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(C) Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
5.4.2 For all policies of Commercial General Liability Insurance, Contractor shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as
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they would have been protected had the policy or policies not contained a deductible or selfinsured retention.
5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City.
If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.
5.9 Requirements Not Limiting. Requirement of specific coverage or minimum 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. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
5.10 Enforcement of Agreement (Non-Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
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5.11 Insurance for Subconsultants. Contractor shall either: (1) include all subconsultants or subcontractors engaged in any Work or Services for Contractor relating to this Agreement as additional named insureds under the Contractor’s insurance policies; or (2) Contractor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Contractor shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:
5.12.1 Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
5.12.2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
5.12.3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
5.12.4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
5.12.5 Contractor agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
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5.12.6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City, its elected and appointed officials, officers, employees, agents and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to Contractor’s performance under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the City, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of City.
7. REPORTS AND RECORDS
7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by
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Contractor, its employees, subconsultants, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor shall ensure that all of its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Contractor thirty (30) days written notice. Upon such notice, City shall pay
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Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination.
8.4 Default of Contractor.
8.4.1. Contractor’s failure to comply with any provision of this Agreement shall constitute a default.
8.4.2. If the City Manager, or the City Manager’s designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.3.
8.4.3. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor’s liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the
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same default or any other default by the other Party.
8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Contractor represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin.
Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of
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completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:
To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
Facsimile: (949) 707-2633
To Contractor : Company Name
Attention:
Address
Telephone:
Facsimile:
10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.5 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.6 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.7. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is
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duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.
10.8 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“CITY”
CITY OF LAGUNA HILLS,
a California municipal corporation
,
Mayor
ATTEST:
JENNIFER LEE,
City Clerk
APPROVED AS TO FORM:
GREGORY E. SIMONIAN,
City Attorney
“CONTRACTOR”
, INC., a California corporation
By:
,
President & Secretary
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EXHIBIT “A”
CONTRACTOR'S PROPOSAL/ SCOPE OF WORK
DATED:
SCOPE OF SERVICES FOR PROJECT
(INCLUSIVE OF ALTERNATE BID 1)
INCLUDING,
SCHEDULE OF PERFORMANCE
AND
SCHEDULE OF COMPENSATION/ FEES/ RATES/ UNIT PRICES,
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EXHIBIT “B”
CITY OF LAGUNA HILLS
NOTICE INVITING BIDS AND SPECIFICATIONS
FOR
CITYWIDE LANDSCAPE MAINTENANCE SERVICES
DATED:
APPENDIX II
INVENTORY FOR LANDSCAPE
MAINTENANCE AREAS
LANDSCAPE-1
CITY OF LAGUNA HILLS
INVENTORY FOR
LANDSCAPE MAINTENANCE AREAS
This inventory is provided only as guidance to the Contractor of the general facility areas and the actual quantities of work may be greater or lesser than described herein.
The Contractor shall perform his own field review and determination of the work areas on which to base his proposal. Refer to attached map for a general depiction of the work areas. The Contractor shall maintain all city landscape areas in accordance with these specifications regardless of this inventory detail or lack thereof.
NO. FACILITY
TYPE
NAME FACILITIES TYPE
MAINTENANCE
ACREAGE
1. Park &
Irrigated
Slope
Mackenzie Park
1 – Playground
2 – Tennis Courts
Turf – weekly
Landscape - monthly
3.3 0.43
2. Park &
Irrigated
Slope
Stockport Park
1 – Playground
1 – Volleyball Court
1-Picnic Area
1-Multi-Game
Area
Turf – weekly
Landscape - monthly
2.79 1.20
3. Park Knotty Pine Park
1 – Playground
1 – Volleyball Court
Turf – weekly
Landscape - monthly
4.7 0.02
4. Park Costeau Park
1 – Playground
1 – Basketball Court
Turf – weekly
Landscape – monthly
(Including west
parkway on Velasquez
from Hartog to
Northrup)
3.53 0.33
5. Park Clarington Park
1 – Playground
1 – Trailhead
Turf – weekly
Landscape - monthly
3.62 0.67
6. Park Beckenham Park
1 – Playground (3 Parts)
1 – Picnic Area
Turf – weekly
Landscape - monthly
4.50 0.04
7. Park El Conejo Park
1 – Playground
1-Basketball Court
Turf – weekly
Landscape - monthly
2.41 0.89
8. Park Mendocino Park
1 – Playground
Turf – weekly
Landscape - monthly
4.70 0.80
9. Park Mandeville Park
1 – Playground
Turf – weekly
Landscape - monthly
3.21 0.64
LANDSCAPE-2
10. Sports
Park
Cabot Park
3 – Sports Fields
1 – Playground
Trails
1 – Parking Lot
Turf – weekly
Landscape – monthly
(See Special
Requirements)
7.00 3.20
11. Median La Paz Rd.
Mackenzie to Cabot Rd.
Turf – weekly Turf –
weekly (*turf scheduled
for future landscape
renovation)
Landscape – monthly
0.14 0.01
12. Median Los Alisos Blvd
Paseo De Valencia to 400
Ft. East of Avenida de la
Carlota
Landscape monthly 0.12
13. Median Alicia Pkwy.
Costeau Dr. to Paseo De
Valencia
Turf – weekly
Landscape – weekly
1.1 0.01
14. Irrigated
Slope
Alicia Pkwy.
(Northwest Side) Paseo de
Valenica to Costeau Dr.
Landscape – bimonthly1.90
15. Irrigated
Slope
West of I-5 Freeway
Georgia Sue Dr. South to
Alicia Pkwy.
Landscape –
Weed abatement 4x/yr.
2.74 16. Irrigated
Slope
Paseo De Valencia
(East Side) Aliso Creek to
Kennington Dr.
Landscape – monthly 0.04
17. Irrigated
Slope
Paseo De Valencia
Alicia to 750 ft. North of
Stockport
Landscape – bimonthly2.00
18. Irrigated
Slope
Christina Ct.
Slope on Northwest side of
Christina Ct.
Landscape –
bi-monthly
0.61 19. Parkway Cajon Dr. (East Side)
El Dorado Dr. (East Side)
Landscape – monthly 0.52
20. Parkway Katie Ave. Southside and
Cul-de-sac
Carol Lane
cul-de-sac
Turf – weekly
Vine Pockets – monthly
(including Katie, Carol,
Sara, and Georgia Sue)
0.01 0.01
21. Parkway La Paz Rd. (North Side)
Rickenbacker to Cabot
Turf – weekly (*turf
scheduled for future
landscape renovation)
Landscape - monthly
0.32 0.01
22. Parkway Mackenzie St. (East Side)
Costeau Dr. To MacKenzie
Park
Turf – weekly
Landscape –
bi-monthly
0.69 0.07
LANDSCAPE-3
23. Parkway Paseo De Valencia (East
Side) – Los Alisos Blvd. To
Bike Trail Barrier
Turf – weekly
Landscape - weekly
0.19 0.01
24. Irrigated
Slope
Parkway
&
Greenbelt
Paseo De Valencia (East
Side)
Stockport St. to 150 North
of Kennington Dr.
Turf – weekly
Slope
Bi-monthly
3.16 .5
25. Median Alicia Pkwy.
Paseo De Valencia to Aliso
Hills Dr.
Landscape - monthly 0.33
26. Median Alicia Pkwy.
Aliso Hills Dr. to Moulton
Pkwy.
Landscape - monthly 0.31
27. Irrigated
Slope
La Paz Rd
Paseo De Valencia to
Edison Access
Turf – weekly
Landscape –
bi-monthly
Also 4 times/yr Weed
Abatement May-Oct
0.01 12.50
28. Irrigated
Slope
La Paz Rd.
Aliso Hills Dr. to Alameda
Ave.
Landscape –
bi-monthly
Weed abatement MayOct. 4 times/yr.
13.20 29. Irrigated
Slope
Paseo De Valencia
(South Side)
Ralphs Shopping Center
Driveway to Sunburst Ave.
Landscape –
bi-monthly
0.40 30. Irrigated
Slope
Paseo De Valencia
(South Side)
Sunburst Ave. to Alisal Ave.
Landscape –
bi-monthly
1.02 31. Irrigated
Slope
Paseo De Valencia
(South Side)
Alisal Ave. to La Paz Rd.
Landscape –
bi-monthly
0.34 32. Irrigated
Slope
Aliso Hills Dr. (North Side)
La Sierra Ave. to Luna
Bonita Dr.
Turf – weekly Turf –
weekly (*turf scheduled
for future landscape
renovation)
Landscape –
bi-monthly
0.10 7.00
33. Irrigated
Slope &
Parkway
Aliso Hills (South Side)
Alameda Ave. to Terra Bella
Ave.
Landscape –
monthly
4.42 34. Irrigated
Slope
Tocaloma Street
Alameda Ave. to
24982 Tocaloma.
Landscape –
bi-monthly
1.08 35. Irrigated
Slope
El Capitan Ln.
Behind 25531 El Capitan to
Behind 25611 Creek Dr.
Landscape - quarterly 14.00
LANDSCAPE-4
36. Irrigated
Slope
Largo Dr.
Behind 24772 Largo St. to
Behind 25531 El Capitan
Landscape - quarterly 6.75
37. Irrigated
Slope &
Quad
Luna Bonita Dr.
Edision access Rd to
El Segundo
Turf – weekly Turf –
weekly (*turf scheduled
for future landscape
renovation)
Landscape – quarterly
Weed Abate – 4x/yr
0.10 11.30
38. Irrigated
Slope &
Parkway
Alameda Ave.
Aliso Hills Dr. to La Paz Rd.
Landscape – monthly
Turf – weekly Turf –
weekly (*turf scheduled
for future landscape
renovation)
0.25 0.25
39. Parkway Laguna Hills Dr. (both
sides) Paseo De Valencia to
Indian Hill Lane
Landscape – quarterly
Clean-up
0.50 40. Parkway Sunburst
Paseo De Valencia to Largo
Landscape – monthly 0.01
41. Parkway Alisal Ave
Paseo De Valencia to
Loma Vista
Landscape - monthly 0.01
42. Parkway Aliso Hills Dr. (North Side)
Alicia Pkwy. To La Serra
Ave.
Turf – weekly Turf –
weekly (*turf scheduled
for future landscape
renovation)
0.58 43. Median Oso Pkwy
Moulton Pkwy. to
Bridlewood Dr.
Turf – weekly
Landscape – bimonthly
0.69 1.00
44. Median La Paz Rd
1000 Ft. East & 1000 Ft.
West of Moulton
Landscape - monthly 0.4
45. Median Moulton Pkwy.
500 ft North of La Paz Rd.
to
Oso Parkway
Landscape - monthly 0.24
46. Irrigated
Slope
La Paz Rd. (South Side)
From Gallup Dr. to 350 FT.
East of Aliso Hills
Landscape –
bi-monthly
Litter - monthly
2.10 47. Irrigated
Slope
La Paz Rd. (South Side)
From Appaloosa Dr. to
1,200 FT. East
Landscape –
bi-monthly
Litter - monthly
1.90
LANDSCAPE-5
48. Irrigated
Slope
La Paz Rd. (South Side)
From Appaloosa Dr. to
Charlton Dr.
Landscape –
bi-monthly
Litter - monthly
15.0 49. Irrigated
Slope
La Paz Rd. (South Side)
Moulton Pkwy. To Charlton
Dr.
Moulton Pkwy. (East Side)
La Paz Rd. to Oso Parkway
Oso Parkway (North Side)
Moulton Pkwy to 250 Ft.
East of West Haven Dr.
Turf – weekly
Landscape – quarterly
Litter – monthly
1.50 15.14
50. Irrigated
Slope/
Parkway
Oso Parkway (North Side)
Nellie Gail Dr. to West
Haven Dr.
Landscape – monthly
Turf – weekly
Litter – monthly
1.00 .50
51. Irrigated
Slope/
Parkway
Oso Parkway (North Side)
Nellie Gail Dr. to Bridlewood
Dr.
Turf
Landscape –
bi-monthly
Litter – monthly
.12
4.25 52. Open
Space/
Parkway
Oso Parkway (South Side)
Moulton Parkway to
Bridlewood Dr.
Landscape –
bi-monthly
Litter – monthly
32.00 53. Irrigated
Slope/
Parkway
Oso Parkway (North Side)
From Bridlewood to
Tombstone
Landscape –
bi-monthly
Litter – monthly
3.0 54. Irrigated
Slope
Cabot Rd. (West Side)
Hitching Rail Rd. to Paseo
de Valencia
Landscape – bimonthly9.00
55. Irrigated
Slope
Paseo de Valencia (South
Side)
Mackenzie to Cabot Rd
Including triangle
Landscape –
bi-monthly
Turf – weekly
4.00 .04
56. Parkway Cabot Rd. (East Side)
Oso Pkwy.
To 1000’ n/o Paseo de
Valencia
Landscape – monthly 1.09
57. Irrigated
Slope
La Paz (North Side)
Aliso Hills to Alameda
Landscape –
bi-monthly
Turf – weekly
Litter - monthly
4.00 .01
58. Median Moulton Pkwy.
Nellie Gail to 73 Fwy
Landscape – monthly .05
62. Irrigated
Slope
Christina Ct.
Creek View to Bike Trail
Landscape –
bi-monthly
.10
64. Medians Moulton Pkwy.
Via Lomas to Gordon
Landscape – bimonthly.25
LANDSCAPE-6
65. Medians Alicia Pkwy.
Moulton to Ramona
Landscape – bimonthly.04
66. Parkway Alicia Pkwy. North Side
Ramona to Moulton
Turf – weekly Turf –
weekly (*turf scheduled
for future landscape
renovation)
Landscape-Monthly
1.00 .01
67. Median El Toro Rd.
Ave de la Carlota to Paseo
de Valencia
Landscape – monthly
(see Special
Requirements)
.20
69. Median Moulton Pkwy
Santa Maria North to Ridge
Route
Landscape – monthly .50
70. Median Santa Vittoria Dr.
350 ft. North to 400 ft South
Ridge Route
Turf – weekly .25
71. Median/
Parkway
Santa Maria Ave
870 ft west of Via Vista
Landscape- Monthly .25
72. Park San Remo Park
1 – Playground
1 – Volleyball Court
1 – Tennis Court
Turf – weekly
Landscape- Monthly
2.67 .01
73. Park Santa Vittoria Park
1 – Playground
1 – Handball Court
1 – Volleyball Court
1 – Tennis Court
Turf – weekly
Landscape – monthly
4.47 .01
74. Park Veeh Ranch Park
1 – Playground
1 – Basketball Court
Turf – weekly
Landscape – monthly
11.0 .01
75. Greenbelt
/Park
San Remo
Santa Maria to Rimini
Turf – weekly
Landscape – weekly
.50
.01
76. Irrigated
Slope
Santa Maria North Side
Shopping Center to San
Remo
Landscape – monthly .06
77. Irrigated
Slope
Santa Maria North Side
San Remo to Santa Vittoria
Park
Landscape – bimonthly.80
78. Parkway Santa Vittoria West Side
Santa Maria North to San
Remo
Landscape – quarterly .15
79. Irrigated
Slope
Santa Vittoria East Side
from San Remo to Barbera
Landscape – bimonthly.72
LANDSCAPE-7
80. Irrigated
Slope
San Remo West Side
Teramo to Santa Vittoria
Landscape – bimonthly3.20
81. Irrigated
Slope
San Remo West Side
Santa Maria to Teramo
Landscape – bimonthly
Turf – weekly
.00
.05
82. Irrigated
Slope
San Remo East Side
Taranto North to end of
sidewalk
Landscape – bimonthly.10
83. Irrigated
Slope
San Remo East Side
Rimini to Palermo
Landscape – bimonthly.03
84. Irrigated
Slope
Palermo North Side from
wall to Napoli
Landscape – quarterly .01
85. Parkway Moulton Pkwy. West Side
Santa Maria to El Pacifico
Landscape –
bi-monthly
.10
86. Islands Various locations Santa
Maria to Ridge Route
Turf – weekly 1.06
87. Parkway Ave de la Carlota
Los Alisos to El Toro; El
Toro to Lake Forest East
Side
Landscape –
bi-monthly
Litter - Bi-weekly
1.00 88. Median Lake Forest
Avenida de la Carlota to
Santa Vittoria
Landscape - monthly 2
89. Parkway Avenida de la Carlota
West Side
Via Puerta to Paseo de
Valencia
Landscape - monthly .05
90. Median Paseo de Valencia
El Toro to Los Alisos
Landscape - Monthly 2
91. Parkway Paseo de Valencia West
side from Calle de Plata to
Laguna Hills Dr
Landscape – Quarterly 1
92. Median Paseo de Valencia
Los Alisos to Laguna Hills
Drive
Landscape – Monthly .5
93. Median Paseo de Valencia
Laguna Hills Drive to Alicia
Landscape – Monthly .03
94. Comm.
Center &
Sports
Complex
Baseball/Soccer Fields,
Synthetic Softball field
Playground, Roller Hockey,
Skate Park, Gym/Comm Ctr
Bldg. areas, 4 Parking Lots
Landscape/
Hardscape – Daily
Turf – 2x/Week
(See Special
Requirements)
17 95. Median Moulton Parkway
Gordon to Nellie Gail
Landscape – Monthly 2.3
96. Parkway Moulton Parkway
Nellie Gail to I-73
Landscape – Monthly 1
LANDSCAPE-8
97. Median Oso Parkway
Bridlewood to Cabot Rd
and N.E., N.W. Quads
Landscape – Monthly 1.2
98. Median La Paz
McIntyre to Cabot Rd.
Landscape – Monthly .03
99. Irrigated
Slope &
Open
Space
La Paz
Alameda to Moulton
Parkway
Landscape – Quarterly
Litter - Monthly
4.0 100. Wetlands Alicia Parkway
Via Lomas to Moulton
Landscape – Quarterly 9
101. Median Alicia Parkway
Costeau to Frwy
Landscape – Monthly .5
102. Median Santa Vittoria
Veeh Ranch Park to
Lake Forest
Landscape – Monthly .04
103. Irrigated
Slope &
Parkway
Alicia South Side
Aliso Hills to Comm. Ctr
Drive
Landscape – Monthly .4
104. Parkway Alicia North Side
Comm. Ctr. Dr. to Moulton
Landscape – Monthly .6
105. Parkway Moulton (East Side)
Santa Maria to Ridge Route
Landscape – Quarterly 0.01
106. Parkway El Toro
Paseo de Valencia to
Avenida de la Carlota, North
and South Sides
Landscape - Weekly
(See Special
Requirements)
.33
107. Median Moulton
El Pacifico to Lake Forest
Landscape - Monthly .13
108. Median Moulton
Ridge Route to El Pacifico
Landscape - Monthly .28
109. Civic
Center
24035 El Toro Rd Landscape - Twice per
week (see special
requirements)
Turf - Weekly
.72
.06
110. Parkway/
Greenbelt
North/East Outer
Perimeter of Honali Plaza
Landscape - Quarterly .24
111. Parkway SE Corner of Laguna Hills
Drive and Moulton
Parkway including parkway
100 yards south of Moulton
Parkway
Landscape - Monthly 1.11
112. Parkway Ridge Route South Side
from Chain Link Fence to
Mill Creek Drive
Landscape - Bi-Monthly .11
LANDSCAPE-9
LANDSCAPE: 236.65
TURF: 70.33
Subtotal 306.98
COMMUNITY CENTER 17.00
TOTAL ACREAGE = 323.98
• Medians = 14.85 Acres
• Parkways = 14.95 Acres
• Neighborhood Parks = 66.56 Acres
• Sports Parks = 27.20 Acres
• Wetlands = 9.00 Acres
• Slopes = 128.93 Acres
• Open Space = 61.71 Acres
• Civic Center = .78 Acres
APPENDIX III
INTEGRATED PEST MANAGEMENT (IPM)
POLICY & IMPLEMENTATION GUIDELINES
INTEGRATED PEST MANAGEMENT (IPM) POLICY &
IMPLEMENTATION GUIDELINES
FOR THE
CITY OF LAGUNA HILLS
RYAN HANLEY
Name
PARKS SUPERVISOR
Title
JOE AMES
Name
PUBLIC WORKS DIRECTOR/CITY ENGINEER
Title
April 5, 2024
Date
* Original language is contained in Orange County Drainage Area Management Plan, Section 5.5.2 Integrated Pest Management adopted in 2003.
IPM POLICY AND IMPLEMENTATION GUIDELINES
INTEGRATED PEST MANAGEMENT (IPM) POLICY &
IMPLEMENTATION GUIDELINES
FOR THE CITY OF LAGUNA HILLS
*GENERAL IPM POLICY:
For the last 55 years, the trend in pest management has increasing relied on synthetic chemical pesticides. The result has been not only a tremendous increase in the use of many dangerous chemicals, but also an increase in the number of pests that are resistant to the pesticides or new organisms becoming pests. Additionally, some pesticides used for terrestrial pest management have been found in waterways causing problems in the aquatic environment.
Pest control managers are now moving away from their reliance on pesticides alone toward an integrated approach that combines limited pesticide use with more environmentally friendly pest control techniques. This system is known as integrated pest management (IPM), a strategy that focuses on the long-term prevention of pests or their damage through a combination of techniques, including preventative, cultural, mechanical, environmental, biological, and chemical control tactics (Figure 1). The techniques are utilized simultaneously to control pest populations in the most effective manner possible.
Developing a comprehensive Integrated Pest Management (IPM) Program and approach allows us to focus on our primary efforts of pollution prevention. By monitoring and preventing pests as well as minimizing heavy pest infestations we can reduce the need for chemicals and/or multiple applications.
IPM programs utilize monitoring techniques and injury and economic thresholds to determine when to implement control strategies. Treatments are used only used according to established guidelines after monitoring indicates that such treatment is appropriate. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and non-target organisms and the environment.
The use of pesticides is often a measure of last resort. Because of this, the management guidelines for pesticide use are presented in a separate section immediately following the IPM guidelines.
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IPM POLICY AND IMPLEMENTATION GUIDELINES
Figure 1
Components of an Integrated Pest Management Program
Monitoring
Action Thresholds
Prevention
Pesticide
Cultural
Mechanical/Physical Biological
Pest
Identification
Pest Control Tactics
Scope of IPM Policy and Implementation Plan
IPM practices are encouraged over the sole use of pesticides as the primary means of pest management (Table 1). As a part of the Municipal Activities Program Manual, the public agencies and their contractors should evaluate the non-chemical components of IPM before intensive use of pesticides.
The goal of IPM is not to eliminate all pests, but to keep their populations at tolerable levels. Pesticides may be part of an IPM program, but they should only be used after the pests exceed established thresholds and only applied in the affected area (in the case of disease prevention, some modifications may be allowed). In general, all pest control strategies should be those that are least disruptive to biological control organisms (natural enemies), least hazardous to humans and the environment
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IPM POLICY AND IMPLEMENTATION GUIDELINES
(including non-target organisms), and have the best likelihood of long-term effectiveness.
Table 1. Advantages and Disadvantages of a Pesticide-Based Program versus an IPM-Based Pest Control Program
Pesticide Based Pest Control IPM Based Pest Control
Advantages Disadvantages Advantages Disadvantages
Quick suppression of
pests
Not long-term Long-term control It may take longer to see results
Pest control is
reactive
Can be proactive
in pest control
actions
Must establish thresholds
Loss of natural
controls.
Often get
outbreaks of other
pests
Reduces
disruption of
natural enemies
Pesticides can be
used (only used
as last resort).
Must have knowledge of
pesticides and their effects
on other organisms.
Labor is only for
spraying
Extra work in
cleanup
Staff becomes
more
knowledgeable of
pests and injury
symptoms
Labor is required for
monitoring and regular
scouting
Training is required to
identify pests and natural
enemies.
Not much preparation
or follow-up needed
Need a PCA
recommendation
Pest management
is more organized
Must maintain a recordkeeping system.
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IPM POLICY AND IMPLEMENTATION GUIDELINES
Pesticide safety
issues for
applicators,
public, animals
More pesticides in
environment
Contamination of
water bodies from
runoff
Less exposure to
pesticides
Safer to the
environment
Reduces
contamination
from runoff
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IPM POLICY AND IMPLEMENTATION GUIDELINES
Pesticides should not be applied until pests are approaching damaging levels. Because this requires early detection of the pests, monitoring on a regular basis is extremely important and should also be used to determine if natural enemies are present and adequately controlling the pest. If possible, a person should be trained and assigned to scout the sites on a regular basis.
Components of an IPM Program
An IPM program is a long-term, multi-faceted system to manage pests (Figure 1). Use of pesticides is a short-term solution to pest problems and should be used only when the other components fail to maintain the pests or their damage below an acceptable level. Successful IPM practitioners are knowledgeable about the biology of the plants and pests and successful IPM programs primarily use combinations of cultural practices as well as a combination of physical, mechanical and biological controls.
Pest Identification
It is important to learn to identify all stages of common pests at each site. For example, if you can identify weed seedlings, you can control them before they become larger and more difficult to control and before they flower, disseminating seeds throughout the site.
It is also important to be sure that a pest is actually causing the problem. Often damage such as wilting is attributed to root disease but may actually be caused by under watering or wind damage.
Prevention
Good pest prevention practices are critical to any IPM program, and can be very effective in reducing pest incidence. Numerous practices can be used to prevent pest incidence and reduce pest population buildup such as the use of resistant varieties, good sanitary practices and proper plant culture. Examples of prevention include choosing an appropriate location for planting, making sure the root system is able to grow adequately and selecting plants that are compatible with the site’s environment.
Monitoring
The basis of IPM is the development and use of a regular monitoring or scouting program. Monitoring involves examining plants and surrounding areas for pests, examining tools such as sticky traps for insect pests and quantitatively or qualitatively measuring the pest population size or injury. This information can be used to determine if pest populations are increasing, decreasing, or staying the same and to determine when to use a control tactic. Weather and other environmental conditions may also play a factor in whether a pest outbreak may occur so it is important to monitor temperature and soil moisture as well.
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IPM POLICY AND IMPLEMENTATION GUIDELINES
It is important to use a systematic approach when monitoring, for example you should examine leaves of a similar age each time you check for pests, rather than looking at the older leaves on some plants and younger ones on others. Randomly looking at a plant and its leaves does not allow you to track changes in pest population or damage over time.
It is important to establish and maintain a record-keeping system to evaluate and improve your IPM program. Records should include information such as date of examination, pests found, size and extent of the infestation, location of the infestation, control options utilized, effectiveness of the control options, labor and material costs.
Injury Levels and Action Thresholds
In order to have a way to determine when a control measure should be taken, injury levels and action thresholds must be set for each pest. An injury level is the level of unacceptable damage. For example, the injury level for a leaf-feeding beetle may be set at 30% of the leaves being damaged. Action thresholds are the set of conditions required to trigger a control action. An example of this would be finding an average of 5 or more beetles on 10 shrubs in a location. Action thresholds are set from previous experience or published recommendations and based on expected injury levels. Injury levels are often set by the public’s comments.
Pest Control Tactics
Integrated pest management programs use a variety of pest control tactics in a compatible manner that minimizes adverse effects to the environment. A combination of several control tactics is usually more effective in minimizing pest damage than any single control method. The type of control that an agency selects will likely vary on a case-by-case basis due to the varying site conditions.
The primary pest control tactics to choose from include:
• Cultural
• Mechanical/Physical
• Biological
• Pesticide
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IPM POLICY AND IMPLEMENTATION GUIDELINES
Cultural Controls
Cultural controls are modifications of normal plant care activities that reduce or prevent pests. In addition to those methods used in the pest preventions, other cultural control methods include adjusting the frequency and amount of irrigation, fertilization, and mowing height. For example, spider mite infestations are worse on water-stressed plants, over-fertilization may cause succulent growth which then encourages aphids, too low of a mowing height may thin turf and allow weeds to become established.
Mechanical/Physical Controls
Mechanical control tactics involve the use of manual labor and machinery to reduce or eliminate pest problems using methods such as handpicking, physical barriers, or machinery to reduce pest abundance indirectly. Examples include hand-pulling or hoeing and applying mulch to control weeds, using trap boards for snails and slugs, and use of traps for gophers.
The use of physical manipulations that indirectly control or prevent pests by altering temperature, light, and humidity can be effective in controlling pests. Although in outdoor situations these tactics are difficult to use for most pests, they can be effective in controlling birds and mammals if their habitat can be modified such that they do not choose to live or roost in the area. Examples include removing garbage in a timely manner and using netting or wire to prevent bird from roosting.
Biological Controls
Biological control practices use living organisms to reduce pest populations. These organisms are often also referred to as beneficials, natural enemies or biocontrols.
They act to keep pest populations low enough to prevent significant economic damage.
Biocontrols include pathogens, parasites, predators, competitive species, and antagonistic organisms. Beneficial organisms can occur naturally or can be purchased and released.
The most common organisms used for biological control in landscapes are predators, parasites, pathogens and herbivores.
• Predators are organisms that eat their prey (e.g. Ladybugs).
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IPM POLICY AND IMPLEMENTATION GUIDELINES
• Parasites spend part or all of their life cycle associated with their host.
Common parasites lay their eggs in or on their host and then the eggs hatch, the larvae feed on the host, killing it (e.g. Tiny stingless wasps for aphids and whiteflies).
• Pathogens are microscopic organisms, such as bacteria, viruses, and fungi that cause diseases in pest insects, mites, nematodes, or weeds (e.g. Bacillus thuringiensis or BT).
• Herbivores are insects or animals that feed on plants. These are effective for weed control. Biocontrols for weeds eat seeds, leaves, or tunnel into plant stems (e.g. goats and some seed and stem borers).
In order to conserve naturally occurring beneficials, broad-spectrum pesticides should not be used since the use of these types of pesticides may result in secondary pest outbreak due to the mortality of natural enemies that may be keeping other pests under control (Figure 2).
Figure 2
Example of Secondary Pest Outbreak
Caused By Use of a Broad Spectrum Insecticide
A. Aphids and mites controlled by predators B. After a broad spectrum spray for aphids, predators for mites and aphids
are also killed, resulting in an outbreak
of mites.
Aphid
Mite
Mite
predator
Aphid
predator
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IPM POLICY AND IMPLEMENTATION GUIDELINES
Pesticide Controls
Any substance used for defoliating plants, regulating plant growth or preventing, destroying, repelling or mitigating any pest, is a pesticide. Insecticides, miticides, herbicides, fungicides, rodenticides and molluscides are all pesticides. Anything with an EPA or DPR registration number on the label is a non-exempt pesticide.
Pesticides should only be used when other methods fail to provide adequate control of pests and just before pest populations cause unacceptable damage. The overuse of pesticides can cause beneficial organisms to be killed and pest resistance to develop.
When pesticides must be used, considerations should be made for how to use them most successfully. Avoid pesticides that are broad-spectrum and relatively persistent since these are the ones that can cause the most environmental damage and increase the likelihood of pesticide resistance. Always choose the most specific but least toxic to non-target organisms method.
In addition, considerations should be given to the proximity to water bodies, irrigation schedules, weather (rain or wind), etc. that are secondary factors that may result in the pesticide being moved off-site into the environment. Consideration should be made of the temporary loss of use of an area (application in a park may result in the area being sectioned off)
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IPM POLICY AND IMPLEMENTATION GUIDELINES
IMPLEMENTION GUIDELINES:
Enter Designated IPM Coordinator or IPM Contact Information in Box Below:
Ryan Hanley
City of Laguna Hills
949-707-2652
Personnel responsible for the care and maintenance of facilities under the abovementioned jurisdiction agree to implement a suite of basic integrated pest management procedures selected from the following five main components of an IPM program:
I) Prevention
II) Pest and Symptom Identification
III) Monitoring for Pests and Problems
IV) Action Thresholds and Guidelines
V) Selection of Appropriate Management Methods (Control Tactics) The procedures seek to increase the long-term prevention and suppression of pest problems (insects, weeds, diseases, and vertebrates) with the minimum impact on human health, the environment, and non-target organisms. Emphasis is placed on improving cultural practices to prevent problems and utilizing alternative control measures instead of broad spectrum pesticides.
Information on the latest IPM information including management of new pests in the landscape is obtained from local UC Cooperative Extension Advisors, UC IPM Regional Advisor, or the Statewide UC IPM Web Site at www.ipm.ucdavis.edu.
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IPM POLICY AND IMPLEMENTATION GUIDELINES
I. PREVENTION
A. Landscape Design Procedures (a minimum of three must be selected) Drainage, soil characteristics, water quality and availability are considered during plant selection.
Sun exposure, heat, and high temperature conditions are considered during plant selection.
Adequate space is allowed for root growth, especially trees.
Nursery stock is inspected and rejected if not healthy (injuries, diseased, circling roots/potbound, poor staking and/or pruning).
Pest resistant species and cultivars are selected.
Plants with similar growth characteristics and irrigation requirements are grouped together.
Landscape design matches available irrigation technology to avoid excess water use and to minimize surface runoff.
B. Site Preparation and Planting Procedures (a minimum of three must be selected) Assess soil drainage properties and improve compacted soils prior to planting.
Conduct a soil analysis to determine chemical and physical properties of the existing soil and then add appropriate amendments such as organic matter.
Ensure irrigation is installed as designed in order to avoid poor uniformity once plants are in place.
Follow proper planting procedures for particular plant species to avoid planting too deeply or too shallow.
Nursery tree stakes are removed at planting and replaced with staking that allows trunk to flex; removing these stakes after 1 to 1.5 years.
Utilize a soil probe or other soil moisture measurement device to monitor soil moisture levels in existing root ball and surrounding soil during establishment period.
C. Water Management (a minimum of three must be selected)
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IPM POLICY AND IMPLEMENTATION GUIDELINES
Plants are examined weekly for symptoms of water stress and to assist in determining irrigation scheduling.
Monitor soil moisture with a soil probe or soil moisture sensors to assist in scheduling irrigation.
Utilize evapotranspiration (ET) data or ‘smart’ clock technology to schedule irrigation.
Cyclic irrigation (short-multiple run times) is employed to minimize surface runoff.
Utilize low precipitation sprinklers or low-volume systems to reduce surface runoff.
Systems are inspected monthly to check for leaks, broken pipes, and clogged or broken sprinkler heads.
Adjust sprinklers to avoid application of water directly to the trunk of trees (can promote disease) or on to concrete surfaces where it can enter storm drains.
Establish a hotline or email or other dedicated method where citizens can report leaks and broken sprinkler heads
D. Fertilizing Procedures (a minimum of three must be selected) Fertilize only when plants are actively growing to avoid nutrient losses below the root zone.
Fertilizer is not applied within 48 hours of a rain event to avoid losses below the root zone and in surface runoff.
Soil analyses are conducted in order to determine existing nutrient levels in the soil prior to fertilizing.
Turf grass fertilizer maintenance schedules are based on UC recommendations found online at UC Guide for Healthy Lawns.
http://www.ipm.ucdavis.edu/TOOLS/TURF/MAINTAIN/fertilize.html Sports turf grass fertilizer maintenance guidelines are based on UC recommendations found in Establishing and Maintaining the Natural Turf Athletic Field (UCR ANR Publication Number: 21617).
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IPM POLICY AND IMPLEMENTATION GUIDELINES
Overfertilization, especially of trees and shrubs, is avoided to ensure plant growth is not excessively succulent making it more susceptible to pest infestations.
Off-target fertilizer applications or spills are cleaned up immediately by sweeping up and applying to landscape or turf or replacing in spreader or bag to ensure material does not enter storm drains.
E. Pruning Procedures (a minimum of three must be selected) Damaged or diseased wood is regularly pruned from landscape plants.
Trees are pruned according to standards set forth by a professional tree care organization such as the International Society of Arboriculture.
Replace plants too large for a space instead of pruning them severely.
Unnecessary pruning is avoided as wounds are entry sites for decay and disease organisms.
The age and species of the plant is taken into account when determining the time of year to prune. For example, eucalyptus should be pruned in December and January when long-horned beetles are not active.
Tree height reduction is discouraged. When deemed necessary by a licensed arborist, the crown reduction method approved by a professional tree care organization is utilized. Topping is never done to reduce tree size. NO TOPPING OR 'HAT RACKING' IS PERMITTED.
II. PEST AND SYMPTOM IDENTIFICATION
A. Insects, Mites, and Snails and Slugs (a minimum of three must be selected) Field personnel are trained to recognize basic pests found in the landscape in the following groups: insects, mites, and mollusks.
A licensed Pest Control Adviser is on staff or hired to properly identify a pest and the symptoms caused by the pest.
Field personnel are trained to utilize disease life cycles to apply treatments when the organism can be controlled most effectively.
Field personnel are trained to distinguish between beneficial insects and actual pests found in the landscape (e.g. parasitizing wasps).
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IPM POLICY AND IMPLEMENTATION GUIDELINES
Unknown samples are submitted to the Orange County Agricultural Commissioner for identification by the county entomologist or plant pathologist.
Abiotic or nonliving factors (wind, sunburn, air pollution, etc…) are considered as possible causes of observed symptoms as well as biotic (living) factors.
B. Weeds (a minimum of one must be selected)
Field personnel are trained to identify common weeds in the landscape.
Field personnel are trained to utilize weed life cycles to properly control weeds such as controlling crabgrass utilizing a pre-emergent herbicide applied in midJanuary.
A licensed Pest Control Adviser is on staff or contracted to properly identify the pest.
C. Diseases (a minimum of one must be selected)
Field personnel are trained to recognize common diseases or their signs/symptoms in the landscape.
Field personnel are trained to utilize disease life cycles to apply treatments when the organism can be controlled most effectively.
Field personnel are trained to recognize the difference between biotic and abiotic problems.
Field personnel are trained to understand how common diseases are spread throughout the landscape.
Disease signs and symptoms are sampled and submitted to the Orange County Agricultural Commissioner for identification by the county plant pathologist.
A licensed Pest Control Adviser is on staff or contracted to properly identify the pest.
Photographs of disease signs and symptoms are taken and compared to reference guides such as UC IPM’s Pests of Landscape Trees and Shrubs.
D. Vertebrates (a minimum of one must be selected)
Field personnel are trained to recognize vertebrate pests and the damage they cause in the landscape.
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Field personnel are trained to utilize vertebrate behavior to properly control the pest most effectively.
At least one field staff member is trained in vertebrate baiting and trapping.
A licensed Pest Control Adviser is on staff or contracted to properly identify vertebrate pest.
III. MONITORING FOR PESTS AND PROBLEMS
A. Insect/Mollusk Monitoring Procedures (a minimum of three must be selected) Visually inspect plants for insects, mites, snail and slug damage at least monthly; recording results utilizing a method conducive to tracking changes and easy recall of data.
Yellow sticky traps are utilized to assess populations of insects.
Insects are dislodged from plants by shaking over a collection surface usually consisting of a clipboard with a white sheet of paper.
If available for a particular insect, phermone-baited traps are utilized.
Soil-dwelling turf insects are brought to the surface for monitoring by flushing a specific area of soil (i.e. 2’ x 2’ grid) with plain water or a soapy water mixture.
The amount of honeydew (aphids) and frass (caterpillars) present is utilized as an indicator of population levels.
B. Weed Monitoring Procedures (a minimum of two must be selected) Landscapes are inspected at least 4 times a year (early winter, early spring, summer and early fall) for weeds in order to determine if and when a weed problem exists.
Utilize site surveys to record the location, date, and severity of weed problem; recording results utilizing a method conducive to tracking changes and easy recall of data.
Count and record the number of weeds encountered at periodic intervals (e.g. every 1 to 2 feet) along a straight line transecting a landscapes area or within a selected area, for example 4 sq. ft. samples done in random places in a bed or turf area.
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C. Disease Monitoring Procedures (a minimum of two must be selected) Landscapes are regularly checked for conditions, such as overwatering and injuries, which promote disease.
Landscapes are checked monthly, at a minimum, for disease symptoms and signs. Disease prone plants are checked more frequently.
Records are kept utilizing a method conducive to tracking changes and easy recall of data of each landscape inspection noting, date when disease signs and symptoms were first noticed and the current environmental conditions and soil moisture levels.
D. Vertebrate Monitoring Procedures (a minimum of two must be selected) Landscapes are regularly inspected for vertebrate presence either by damage caused by animal, actual animal sightings, and/or droppings.
Records are kept of the absence or presence of actual vertebrates, the damage caused, and/or the presence or absence of droppings.
Maps are created and updated at least twice a year, recording area of high vertebrate damage or signs (such as gopher mounds).
IV. ACTION THRESHOLDS AND GUIDELINES
A. Insect/Mollusk Thresholds and Guidelines (a minimum of one must be selected) Insect tolerance levels are established based on the public’s acceptance of damage to the landscape or a certain level of nuisance pests (i.e. ants), the actual plant species in the landscape, and long-term monitoring and knowledge of pests causing the damage.
Thresholds are based on levels were reasonable control of the pest can be achieved with minimum impact on the environment.
Insect monitoring records are utilized to establish threshold levels for the implementation of control strategies. For example, the threshold for the presence of aphids on a rose garden at City Hall is low, while in a native shrub border it might be considerably higher.
B. Weed Thresholds and Guidelines (a minimum of one must be selected)
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Weed tolerance levels are established based on public safety or the public’s acceptance and the resources available to manage the landscape at that level.
Weed monitoring records are utilized to rank the percentage of the landscape area infested (none, light, moderate, heavy, or very heavy) with weeds.
Public areas are ranked according to high, medium, or low level of weed control and management conducted according to levels set for each rank (see Appendix A)
C. Disease Thresholds and Guidelines (a minimum of one must be selected) Disease tolerance levels are established based on the public’s acceptance and the resources available to manage the landscape at the level required.
Disease monitoring records are utilized to establish threshold levels for the implementation of control strategies. For example, the threshold for the presence of powdery mildew on roses at City Hall is much lower than the threshold for its presence on Euonymus in a parking lot at a city sports park.
D. Vertebrate Thresholds and Guidelines (a minimum of one must be selected) Vertebrate tolerance levels are established based on public safety, the public’s acceptance and the resources available to manage the landscape at the level required.
Vertebrate monitoring records are utilized to establish threshold levels for the implementation of control strategies. For example, the threshold for the presence of gopher mounds in a sport field is zero, while in a native shrub border it might be two before a trapping strategy is implemented.
V. SELECTION OF APPROPRIATE MANAGEMENT METHODS
A. Insect/Mollusk Management Methods
Cultural/Mechanical/Physical Control Methods (a minimum of three methods must be selected)
Sticky barriers are applied to trunks of trees and large shrubs to prevent ants and other wingless invertebrates from plant canopies.
Small insect infestations are removed by pruning infested plant parts.
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Copper bands are installed around base of trees or planting areas where snail and slug infestations are prevalent.
Plant canopies are thinned to increase light penetration to exposure certain softbodied insects (soft-scale) as well as snails and slugs to heat.
Strong streams of water are used to dislodge insects such as aphids and whiteflies, from leaves.
Avoid use of plants that snails and slugs use for shelter.
Avoid irrigating between 5pm and 5am when moisture remains on plant material for several hours.
Biological Control Methods (a minimum of one method must be selected) Persistent broad-spectrum pesticides are avoided, especially if biological control of an insect has been established by UC researchers. Examples include parasitoid wasps controlling Eugenia Psyllids, Giant Whitefly, and Ash Whitefly.
Natural predators (beneficial insects) are augmented with purchases of additional predators from commercially available resources.
Pesticide Control Methods (a minimum of five methods from must be selected) The most selective, rather than broad-spectrum, pesticide is used If available for controlling a particular insect, biological and botanical pesticides are selected
Insecticidal soaps are utilized to control infestations of soft-bodied insects such as aphids, thrips, and immature scales.
Horticultural oils (neem oil and narrow-range refined oils) are utilized to control infestations of soft-bodied immature and adult insects such as aphids, scales, and whiteflies.
Pesticides are only utilized when the potential for impacts to the environment, especially water quality, are minimized.
Equipment is calibrated prior to the application of the insecticide to avoid excess material being applied to the landscape environment.
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IPM POLICY AND IMPLEMENTATION GUIDELINES
Applicators are trained to not apply pesticides to hard surfaces and to not allow any pesticide to enter the storm drain system
Spot treatments are utilized rather than broadcast methods Insecticide/fertilizer combinations are only used if appropriate timing for BOTH the insecticide application and the fertilizer application.
B. Weed Management Methods
Cultural, Mechanical, and Physical Control Methods (a minimum of three methods must be selected)
Timers are set to avoid overwatering as weeds establish in areas where soil moisture is excessive.
Drainage is managed to avoid wet areas.
Weeds are removed from a site prior to planting.
Mower height is adjusted to turf species and time of year.
Mower is washed after mowing a weedy site.
Hand-pulling, mowing, trimmers/brushcutters, flaming, hoeing, and rototilling around landscape plants are the main methods utilized to control annual weeds and young perennial weeds.
Soil solarization is utilized to control some annual and perennial weed species.
Bare soil areas are covered with a thick layer of mulch to suppress weeds and conserve soil moisture.
Soil, mulch, and plant material is weed-free before it is introduced into the landscape.
Pesticide Control Methods (a minimum of three methods must be selected) Spot treatments are utilized rather than broadcast methods.
Herbicide/fertilizer combinations are only used if appropriate timing for BOTH the herbicide application and the fertilizer application.
Herbicides are utilized according to established thresholds (see Appendix A).
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Organically acceptable herbicides (shown to be effective through science-based research) are used where appropriate.
Herbicides are applied to the stage of weed growth most susceptible to the chemical.
Equipment is calibrated prior to the application of the herbicide to avoid excess material being applied to the landscape environment.
C. Disease Management Methods
Cultural, Mechanical, and Physical Control Methods (a minimum of three methods must be selected)
Prune out and dispose of localized areas of diseased plants.
Pathogen-infested plant parts are removed from the soil surface area to reduce certain pathogens (e.g. Camellia Petal Blight).
Pruning tools are sterilized (e.g. a diluted bleach solution) between plants to prevent the spread of pathogen to other plants.
Proper irrigation and fertilization are maintained to prevent plant stress, waterlogging, and subsequent susceptibility to disease.
Soil solarization is utilized to control soil pathogens in annual beds where it is most effective.
Mulch is kept at least 6” from base of plants to avoid excessive moisture around crown possibly resulting in crown rots and is no deeper than 4” Replace disease-prone plants with non-susceptible species.
Pesticide Control Methods (a minimum of two methods must be selected) Preventative fungicides and bactericides are only used where diseases can be predicted from environmental conditions and applied prior to infection or the appearance of symptoms.
Synthetic fungicides are used sparingly in the landscape and only in high visibility areas in order to minimize development of resistance.
Organic fungicides and bactericides are utilized in combination with cultural, mechanical, and physical control methods in order to improve their effectiveness.
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Copper-based fungicides are only utilized in situations where its entry into surface runoff and storm drains is virtually impossible and after consultation with PCA and IPM coordinator.
Mycopesticides, commercially available beneficial microorganisms, are used where appropriate.
Fungicides classes are rotated to avoid resistance.
D. Vertebrate Management Methods
Cultural and Physical Control Methods (a minimum of two methods must be selected)
Groundcovers are maintained such that they do not harbor rats.
Shrubs pruned at least 1 foot from the ground (rats).
Sources of drinking water removed (leaky faucets, puddles).
Trash cans have lids and are emptied daily (rats).
Screens or other barriers installed under structures that have a space between soil and floor (rabbits).
Habitat modification, based on pest biology is used to reduce shelter.
Trapping is used for gophers when safe and practical.
Kill traps used for ground squirrels and rabbits, are checked daily, and in places not accessible by children or non-target animals.
Gas cartridges are used for ground squirrels according to UC recommendations.
Pesticide Control Methods (a minimum of two methods must be selected) Anti-coagulant baits are used and applied according to label and UC recommendations.
Bait is applied in a manner that non-target animals do not access to it.
Restricted use rodenticides, aluminum or zinc phosphide, are used only after applicator has been trained for that product or only by a wildlife management contractor.
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IPM POLICY AND IMPLEMENTATION GUIDELINES
VI. GENERAL PESTICIDE MANAGEMENT PRACTICES
(all practices listed below must be selected)
Restricted use pesticides are only used when no other alternatives are practical.
If pesticides are necessary, CAUTION-labeled pesticides are considered before more toxic alternatives.
Only small quantities of pesticides are purchased eliminating the need for stockpiling.
MSDSs are regularly updated to reflect new pesticides or label changes to pesticides in storage.
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Appendix A
Ranking public areas for weeds (or other pest) management:
Areas ranked as HIGH may include areas that the public sees and expects to be wellmaintained. Examples are entrances to public buildings such as city hall and libraries.
These areas are allowed to use pesticides based on established thresholds.
Areas ranked as MEDIUM may include areas the public sees but does not expect a high level of maintenance. Examples are landscaped areas away from the entrance, recreational and picnic areas. These areas can tolerate a higher lever of weeds.
These areas are allowed to use pesticides but the threshold is much higher and pesticides are used infrequently and only after consultation with IPM coordinator.
Areas ranked as LOW may include areas the public rarely sees or does not expect a high level of maintenance. Examples are medians, landscaped areas in parking lots, wildlands. These areas can tolerate a higher lever of weeds.
These areas are not allowed to use pesticides except in extreme cases and only after consultation with IPM coordinator.
APPENDIX IV
LANDSCAPE MAINTENANCE SERVICES
PERFORMANCE WARNING/DEFICENCY
DEDUCTION
LANDSCAPE MAINTENANCE SERVICES
PERFORMANCE WARNING/DEFICIENCY DEDUCTION
Notification to:
Date: Time: Method:
The following performance deficiency(ies) has been observed and requires immediate attention to correct:
______________________________________________________________________ City Representative to check deficient items and comment (if applicable) below:
Performance Deficiency assessed at $500 per instance.
Failure to comply with minimum City defined manpower requirements.
Failure to provide adequate equipment per each work day.
Failure to protect Public Health and/or Safety as described.
Failure to comply with water use restrictions. Deficiency charge plus the cost of any fines and overcharges for water use.
Failure to report irrigation deficiencies.
Failure to utilize Best Management Practices.
_____ Failure to utilize the least restrictive Integrated Pest Management Program approach.
_____ Failure to provide required reports.
_____ Other:
Comments:
Issued by: City Parks Supervisor Received by: Landscape Contractor Date:
Reviewed by: Director of Public Works
APPENDIX V
BEST MANAGEMENT PRACTICES
APPENDIX VI
ANNUAL FERTILIZATION SCHEDULE
Laguna Hills Annual Fertilization Schedule Frequency Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Community Center Special Services -
Turf Fertilization Schedule
Best Short-Kut 22-5-10 (Soccer Field Only-Warm Months) Per Schedule X X X Best Short-Kut 22-4-12 (Soccer Field Only-Cool Months) X X 16-6-8 (Baseball Field) Per Schedule X X X X X X X
21-2-4 (Baseball Field) Per Schedule X X X
Gypsum Per Schedule X
Pre Emergent Per Schedule X X
Iron Chelate (If needed) Per Schedule X
Cabot Park Special Services -
Turf Fertilization Schedule
16-6-8 Per Schedule X X X X X X X
21-2-4 Per Schedule X X X
Gypsum Per Schedule X
Pre emergent Per Schedule X X
Iron Chelate (If needed) Per Schedule X
Neighborhood Parks Fertilization -
Turf Fertilization Schedule
Bermuda & Fescue
19-6-12 Per Schedule X X X X
Gypsum Per Schedule X
Pre emergent Per Schedule X X X
Shrubs and Ground Cover
19-6-12 Per Schedule X X X X
Laguna Hills Annual Schedule Frequency Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
APPENDIX VII
BACKFLOW PREVENTOR LIST
MOULTON NIGUEL WATER DISTRICT
EL TORO WATER DISTRICT
Backflow Preventer Sizes are listed below:
MNWD Service Territory
¾" (6)
1" (7)
1 ½" (5)
2" (26)
3" (1)
4" (1)
6" (1)
8" (1)
ETWD Service Territory
¾" (9)
1" (15)
1 ½" (2)
2" (21)
Total Backflow Preventers
¾" (15)
1" (22)
1 ½" (7)
2" (47)
3" (1)
4" (1)
6" (1)
8" (1)
CITY OF LAGUNA HILLS
24035 El Toro Road •Laguna Hills, California 92653 • (949) 707-2600 • FAX (949) 707-2633 Website: www.lagunahillsCA.gov
May 1, 2024
SUBJECT: Addendum No. 1 to Notice Inviting Bids and Specifications for Citywide Landscape Maintenance Services
To All Contractors:
This Addendum No. 1 is being issued for the subject bid.
1. Pages GP-12, P-10, SP-28, SP-30, SP-31, and SP-34 have been edited. Please see attached pages.
2. Bidders shall include the revised Proposal page P-10 in their bid in order for their bid to be considered responsive.
3. Bidders shall sign and include this page in their proposal in order for their bid to be considered responsive.
4. Bidders shall have signed-in and attended the mandatory pre-bid meeting held on April 23, 2024 in order for their bid to be considered responsive.
5. By issuance of this Addendum No. 1, there are no other changes to the bid documents and specifications and no further questions will be answered ahead of the bid opening.
The City has received the following questions regarding this bid.
Questions and Responses for all RFPs:
1. Who is the current landscape contractor for Citywide Landscape Services? Response: Nieves Landscape.
2. Please provide a copy of the current landscape contractor’s contract.
Response: Please see attached.
3. Please provide a copy of the three most recent invoices paid to the current landscape contractor.
Response: Please see attached.
Receipt Acknowledged:
Sincerely, By: ________________________
Name: ________________________
Joe Ames, P.E., T.E.
Public Works Director/City Engineer Firm: ________________________ Attachments:
1. Replacement pages GP-12, P-10, SP-28, SP-30, SP-31, and SP-34
2. Current Landscape Maintenance Contract
3. Three most recent invoices
ATTACHMENT NO. 1
REVISED PAGES
GP-12
MAY 1, 2024, ADDENDUM NO. 1
Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Agreement.
21. WORK NOT INCLUDED
The following work is not included in the monthly lump sum price for landscape maintenance services: graffiti removal; restroom janitorial service; water feature maintenance; lighting maintenance; fence or rail repairs; concrete, asphalt, or rubber surface repairs; and major tree trimming requiring in-tree personnel or bucket trucks, and processing of water and electrical utility billings.
22. COMMUNICATIONS
In addition to emergency telephone access and weekly meetings, Contractor shall maintain standard office contact methods including telephone, facsimile machine, and U.S. mail. Contractor shall maintain and utilize an email account specific to the City of Laguna Hills. Email shall be the routine communication media for submission of documents, requests, work orders, reports, etc.
23. SCHEDULING OF OPERATIONS/HOLIDAYS
The Contractor shall perform its work at such time as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation. Examples of such disturbances include early morning mowing or irrigation checks, etc. The Contractor shall submit a Maintenance Schedule Chart describing maintenance operations and when work and applications of fertilizers and pest control products will be accomplished. The schedule shall be subject to approval and change by the City and shall be submitted prior to starting any maintenance operations.
The Contractor shall provide Landscape Maintenance Services on a five day per week year-round basis for the work as specified herein, except as specified for the Community Center and Sports Complex which has a separate schedule. The Contractor is not required to perform work on the following days:
• New Year’s Day
• Labor Day
• Thanksgiving Day
• Christmas Day
In addition, the Contractor shall provide special services for the following City events: Volunteer Planting Days (four events typically held on Saturdays), Memorial Day Half Marathon (held on Memorial Day), Heritage Day (held once per year typically on a Saturday), the July 4th Fireworks Show (held on July 4th), and up to an additional two events held on a Saturday or Sunday. The special services shall include dedicated staffing for irrigation control, litter and debris removal, setPage 345 of 352 P-10
MAY 1, 2024, ADDENDUM NO. 1
BIDDER’S NAME
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS FOR
CITYWIDE LANDSCAPE MAINTENANCE SERVICES
CONTINUED
PERSONNEL
In addition to one superintendent and two irrigation specialists to be provided on a daily basis for this Project, and in addition to occasional specialty workers or subcontractors, Bidder shall provide the following minimum daily personnel count for this Project and state the number of personnel committed to this Project:
Staff Minimum Requirement Bidder’s Proposal
Superintendent 1
Forepersons 2 _
Laborers 25 _
Irrigation specialists 2
Pest Control Specialist 1 (one day every other week)
Minimum Required Staff 31 Total Bidder’s Staff
The above labor summary is deemed to include a dedicated two-person crew for maintenance of the Community Center and Sports Complex as specified in the Special Provisions. Said crew shall provide five days per week service at the complex. In addition to the totals above:
• One laborer shall be provided for maintenance of the Community Center and Sports Complex on all Saturdays (except any Saturdays falling on the four holidays listed above) resulting in six day per week service at this location.
• Three laborers and one foreman shall also be provided for all Agency Special Events occurring on any day and at any time as specified in the Special Provisions.
To ensure the Contractor provides a satisfactory level of performance, the City may require more manpower to be provided at any time depending on the Contractor’s ability to perform all work efficiently and according to all specifications.
Any adjustments to manpower must occur immediately when requested by the City Representative at no additional cost.
EQUIPMENT INVENTORY
Contractor shall provide, as a separate attachment, the model, make and year of the primary equipment proposed to be used on this Project. Do not list hand tools.
SP-28
MAY 1, 2024, ADDENDUM NO. 1
• Pest & Symptom Identification
It is important to learn to identify all stages of common pests at each site. It is also important to be sure that a pest is actually causing the problem. Often damage is caused by an
underlying problem not immediately evident.
• Regular Surveying of Pest
The basis of IPM is the development and use of a regular monitoring or scouting program. Monitoring involves examining plants and surrounding areas for pests. This information can be used to determine if pest populations are increasing,
decreasing, or staying the same.
• Action Thresholds & Guidelines
In order to have a way to determine when a control measure should be taken, injury levels and action thresholds must be set for each pest. An injury level is the level of unacceptable damage.
• Sound Management Methods
Integrated pest management programs use a variety of pest controltactics in a compatible mannerthat minimizes adverse effects to the environment. The primary pest control tactics to choose from include:
• Cultural
• Mechanical
• Biological
• Pesticide
• Contractor shall post 24hrs prior to applying any pest control products with the name of the product used and remove the sign only when the reentry period has expired.
In addition, Contractor shall produce an annual report on the usage of all pest control products, a narrative description of the benefits of this usage, the costs for the products applied, the quantities of the products applied and any recommendations for changes to the IPM, in a report form as approved by the City.
W. NON-LANDSCAPE OPERATIONS MAINTENANCE SPECIFICATIONS:
Contractor shall, on a daily basis, except for Holidays designated in these specifications, perform the following:
SP-30
MAY 1, 2024, ADDENDUM NO. 1
Z. AGENCY SPECIAL EVENTS
The Contractor shall provide additional special maintenance services before, during, and immediately following Agency Special Events, on any day or time that they occur, including but not limited to:
EVENT ANNUAL NO. OF OCCURRENCES
Memorial Day – Half Marathon 1
4th of July 1
Heritage Day 1
Volunteer Planting Days (“Rooted Events”) 4
Other City Events 2
The special maintenance services shall include dedicated staffing as specified in the General Provisions for irrigation control, litter and debris removal, set-up and tear-down of chairs, tables and pop-up canopy tents, emptying of waste receptacles, and restoring damaged landscape as a result of these events.
AA. REPORTS AND SCHEDULES
The Contractor, as part of the Agreement, shall submit reports and schedules as requested. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a performance deficiency deduction. Such reports must be detailed and thorough and may include, but not be limited to, the following:
1. Suggestions for improving problem areas.
2. Reports of work planned in the next calendar interval.
3. Cost information to perform extra work for upgrading specific areas.
4. Monthly Maintenance Schedule(s).
Contractor will be provided a monthly maintenance schedule. The Contractor will on the following week report what work was completed and what work was not complete and indicate why. If work was not completed as scheduled, Contractor shall provide a corrective maintenance schedule to the City. Notification of change in scheduled work must be received by the City Parks Supervisor at least 12 hours prior to the scheduled time for the work.
5. Monthly Irrigation Management Schedule Form(s).
SP-31
MAY 1, 2024, ADDENDUM NO. 1
The following forms are to be filled out by the water management personnel for the previous month and turned in on the first working day of each month. • Irrigation Controller Program Log;
• Irrigation System Inspection Sheet;
• Integrated Pest Management Reports;
• Accident Reports; and
• Incident Reports.
BB. VOLUNTEER PLANTING / “ROOTED” EVENT DONATIONS
Annually, upon request, Contractor shall donate and deliver to City up to 300 onegallon plants and 15 fifteen-gallon trees of species as selected by City in support of City Volunteer Planting / “Rooted” Events. Contractor shall also assist with delivering, locating plants/trees, digging holes for trees, cleaning the planting areas, watering the new plant material, and assisting the Parks Supervisor as needed.
CC. COMMUNITY CENTER AND SPORTS COMPLEX - SPECIAL MAINTENANCE
REQUIREMENTS
Daily landscape maintenance work at this facility shall occur five (5) days per week. Cleanup, trash and debris removal at this facility shall occur six (6) days per week, including holidays.
General: The following operational checklist shall be implemented every week as part of a Contractor’s performance and reporting requirements. The Contractor shall schedule irrigation and landscape maintenance operations so they will not interfere with sports field use or activities.
1. Inspect the sports field or play area for areas where grade changes have occurred indicated by low spots that collect water on which grass fails to grow. All sports fields shall be kept at a level grade to provide a uniform height of turf grass. This is done by topdressing low places with a sports field sand.
2. Inspect the sports field or play area for proper water drainage away from the playing surface. If drainage is not evident, irrigation management in the affected area is critical to prevent landscape failure.
3. Inspect the sports field or play area for hazardous holes or depressions that may cause a player to trip. Those found should be filled. Stones and other debris that may interfere with play or cause injury should be removed.
SP-34
MAY 1, 2024, ADDENDUM NO. 1
FERTILIZATION
Apply fertilization materials in accordance with the Sports Complex Turf Management Schedule herein.
SEASONAL WORK
Change out color five (5) times per year with 74 flats each time at various locations/planters on site at no additional cost.
DD. COMMUNITY CENTER AND SPORTS COMPLEX - ANNUAL MAINTENANCE
PROGRAM
Contractor shall perform the following:
TURFGRASS
Annual Hybrid Bermuda Grass Maintenance Program
The turfgrass program set forth here addresses rootzone chemical properties while still providing a prudent nutritional program for healthy plant growth.
Mowing
Mowing height and frequency is based on the turfgrass species and growth activity.
The hybrid Bermuda grass at Laguna Hills prefers to be mowed at a height of ½ to ¾ inch. The City recommends that the height-of-cut for the fields at Laguna Hills be at the upper end of the range due to the high amount of traffic that they will receive (¾ inch).
Mowing frequency is based on the one-third rule, which means that no more than 1/3 of the leaf is removed during mowing at any one time. During the growing season (spring, summer, and the first half of autumn), the field should be mowed two days per week to satisfy the one-third rule and to maintain a dense tight canopy that will support heavy use. As the Bermuda growth slows (during cooler temperatures) mowing frequency will be lessened to perhaps once a week. During dormancy (December to March) the field may only require mowing monthly, if that.
Clippings should be left and not collected, except on the Little League infield.
Mowing should be done with a reel-type mower with the proper reel-to-bedknife adjustment to avoid tearing and ripping the grass. The type of unit used in mowing should have both a front and rear roller on each of the cutting units to maintain an even uniform cut. Alternating directions with each mowing will minimize grain and
Item No. 9.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: June 11, 2024
To: Mayor and Council Members
From: Jennifer Lee, City Clerk
Issue: Committee Assignment Reports
Recommendation: That the City Council receive reports from City Council Members on the City Council Committee Assignments listed in the staff report.
Background:
The following are recent meetings and events attended by the City Council for their City Council Committee Assignments.
Association of California Cities – Orange County (ACC-OC) Council Member Heft and Mayor Pro Tempore Sweeney
April 8-9, 2024 Sacramento Advocacy Trip
Southern California Association of Governments
Community, Economic and Human Development Committee
Council Member Caskey
June 6, Regular Meeting
League of California Cities (Cal Cities)
Los Angeles County Division
Mayor Wheeler
June 6, June 2024 General Membership Meeting
Fiscal Impact:
The City does not provide any additional compensation to City Council Members for
Item No. 9.1
serving on outside agency boards or committees.
Attachments:
None