April 19, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 1
AGENDA
LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, April 19, 2022
Closed Session 5:30 p.m.
Public Session 6:30 p.m.
City Council Chambers, 100 Civic Center Drive, Lake Forest, California
NOTICE: Pursuant to Lake Forest Municipal Code Section 2.04.010, Regular Meetings of the City Council are held the First and Third Tuesday of each month at the hour of 5:30 p.m. for Closed Session matters, if required. The Public Session of the meeting shall commence at 6:30 p.m. or as soon thereafter as possible. Special Meeting times may be held at a different time and date as listed on the Agenda.
AGENDA DOCUMENT REVIEW: The Agenda and staff reports are available on the Internet at https://www.lakeforestca.gov/129/Agendas and at the City Clerk’s Office, 100 Civic Center Drive, Lake Forest, California, on the Friday before the meeting on Tuesday.
AGENDA DESCRIPTION: The Agenda descriptions are intended to give notice to members of the public of a general summary of items of business to be transacted or discussed. The listed Recommended Action represents staff’s recommendation. The City Council may take any action which it deems to be appropriate on the agenda item and is not limited in any way by the recommended action.
AGENDA ON SOCIAL MEDIA: This meeting will be streamed through Facebook Live. Comments will not be taken via Facebook Live. To ensure that the City Council receives your comments, you may submit written comments or voicemail messages to the City Clerk prior to the meeting. The City provides the Facebook Live stream as an additional service to the public. However, the City cannot guarantee that its network and/or the site will be uninterrupted. The City is not responsible for any interrupted service.
SPECIAL NOTICE REGARDING PUBLIC ACCESS TO THE MEETING AND PUBLIC COMMENT:
ASSEMBLY BILL 361: This meeting will occur in accordance with Government Code section 54953(e) et seq. (“AB 361”) wherein the City of Lake Forest City Council may continue to participate in meetings via teleconference.
PUBLIC PARTICIPATION: In addition to attending in person, pursuant to AB 361 members of the public may access the meeting live on our website at https://www.lakeforestca.gov/129/Agendas.
PUBLIC COMMENT PRIOR TO THE MEETING: Members of the public may submit email comments to [email protected].
Email comments will be uploaded to the agenda packet and made part of the official public record of the meeting and will not be read at the meeting. To ensure staff reviews all comments prior to the City Council meeting, please submit email comments no later than 5:00 p.m. the day of the meeting.
PUBLIC COMMENT: Members of the public may provide comments in-person at the meeting or remotely. Those wishing to provide comments in-person at the meeting will be asked to submit a request to speak to the City Clerk. Those wishing to provide comments remotely may join the meeting online at https://call.lifesizecloud.com/5038350 and enter Passcode 1004# or by phone at (312) 584- 2401 and enter meeting number 5038350# followed by Passcode 1004#.
April 19, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 2
CALL TO ORDER: 5:30 p.m.
Council Members: Neeki Moatazedi (teleconference)
Mark Tettemer
Scott Voigts
Mayor Pro Tem: Doug Cirbo
Mayor: Robert Pequeño
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund
CLOSED SESSION PUBLIC COMMENT:
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session. At this time, members of the public may address the City Council regarding any items listed on the Closed Session agenda. No action may be taken on items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per item. Any person wishing to address the City Council on a Closed Session matter is requested to complete a "Request to Speak" form available at agenda public review table near the entrance. The completed form is to be submitted to the City Clerk prior to an individual being heard by the City Council. Whenever possible, lengthy testimony should be presented to the City Council in writing (8 copies) and only pertinent points presented orally.
CLOSED SESSION (Item Nos. 1 – 2)
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session.
1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1) NUMBER OF CASES: 1 CASE NAME: CHRISTOPHER NILS CONNOLLY V. CITY OF LAKE FOREST, ET AL. OCSC CASE NO.: 30-2022-01246650-CU-BT-CXC
RECOMMENDED ACTION: Conduct closed session.
2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(4) NUMBER OF POTENTIAL CASES: 2
RECOMMENDED ACTION: Conduct closed session.
April 19, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 3
RECESS: City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE: City Council will reconvene to continue regular City business.
PUBLIC SESSION: 6:30 p.m.
PUBLIC SESSION: At this time, the City Council will convene to consider public matters. Those wishing to address the City Council must submit a completed “Request to Speak” form to the City Clerk prior to City Council action.
INVOCATION: The Invocation will be provided by Chief Chaplain Kathleen Kooiman, Orange County Sheriff’s Department.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Council Member Voigts.
CLOSED SESSION REPORT: City Attorney will report on Closed Session.
PRESENTATIONS: (Item Nos. 3 – 4)
3. PRESENTATION BY ORANGE COUNTY SHERIFF'S DEPARTMENT ON THE
FENTANYL EPIDEMIC
RECOMMENDED ACTION: Receive the presentation.
4. NEW EMPLOYEE INTRODUCTIONS
RECOMMENDED ACTION: Receive and file a presentation from City Manager's Office introducing the newest employees of the City of Lake Forest.
April 19, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 4
PUBLIC COMMENTS
Members of the public can submit an e-comment to [email protected]. E-comments will not be read at the meeting. Members of the public may also provide comments in-person at the meeting or remotely. Those wishing to provide comments in-person at the meeting will be asked to submit a request to speak to the City Clerk. Those wishing to provide comments remotely may join the meeting online at https://call.lifesizecloud.com/5038350 and enter Passcode 1004# or by phone at (312) 584-2401 and enter meeting number 5038350# followed by Passcode 1004#.
CONSENT CALENDAR (Item Nos. 5 – 16)
All matters listed under the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request specific items be removed from the Consent Calendar for separate action.
5. MOTION TO WAIVE RESOLUTIONS AND ORDINANCES
RECOMMENDED ACTION: Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
6. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 1, 2022
RECOMMENDED ACTION: Approve as submitted.
7. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 15, 2022
RECOMMENDED ACTION: Approve as submitted.
8. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 5, 2022
RECOMMENDED ACTION: Approve as submitted.
9. MONTHLY TREASURER'S REPORT - MARCH 2022
RECOMMENDED ACTION: Receive and file.
April 19, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 5
10. REJECT ALL BIDS AND AUTHORIZE RE-BIDDING FOR NEIGHBORHOOD PARK RENOVATIONS: BORREGO OVERLOOK PARK, REGENCY PARK AND RANCHO SERRANO PARK (PW2017-17E)
RECOMMENDED ACTION: 1. Reject all bids received for the Neighborhood Park Renovations: Borrego Overlook Park, Regency Park and Rancho Serrano Park (PW2017-17E).
2. Authorize staff to solicit new bids for this project.
11. FOURTH AMENDMENT TO THE AGREEMENT WITH ECONOMICS, INC. FOR
SOLID WASTE AND RECYCLING CONSULTING SERVICES
RECOMMENDED ACTION: 1. Approve the Fourth Amendment to the Agreement with EcoNomics, Inc. for solid waste and recycling consulting services.
2. Authorize the Mayor to sign, and the City Clerk to attest, the Fourth Amendment, substantially in the form attached.
12. CONTRACT AWARD FOR DESIGN FOR THE ADA ACCESS RAMP IMPROVEMENT PROJECT, PHASES 13 THROUGH 17
RECOMMENDED ACTION: 1. Award an Agreement for Design Services in the amount of $318,155.00 to Onward Engineering, for professional engineering design services for the ADA Access Ramp improvement project, Phases 13 through 17.
2. Authorize the Mayor to sign, and the City Clerk to attest the Agreement with Onward Engineering, substantially in the form attached.
April 19, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 6
13. AWARD CONSTRUCTION CONTRACT ARBOR ACCESS RAMP (PW 2019-17) RECOMMENDED ACTION: 1. Find that the proposed Arbor Access Ramp Project is not subject to the requirements of the California Environmental Quality Act (“CEQA”) for the following reason: The proposed project is exempt from CEQA under the commonsense exemption, which provides that an activity is not subject to CEQA where, as here, it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment (State CEQA Guidelines, § 15061, subd. (b)(3)).
2. Approve Contract Documents for Arbor Mini Access Ramp Project (PW 2019- 17).
3. Award a Contract in the amount of $234,833.00 to Elegant Construction, Inc.
4. Authorize the Mayor to sign, and the City Clerk to attest the Contract with Elegant Construction, Inc.
14. FIFTH AMENDMENT TO THE AGREEMENT WITH NIEVES LANDSCAPE, INC., FOR
MEDIANS, PARKWAYS AND SLOPES LANDSCAPE MAINTENANCE SERVICES RECOMMENDED ACTION: 1. Approve the Fifth Amendment to the Agreement for Medians, Parkways and Slopes Landscape Maintenance Services with Nieves Landscape, Inc.
2. Authorize the Mayor to sign, and the City Clerk to attest, the Fifth Amendment substantially in the form attached.
15. NINTH AMENDMENT TO THE AGREEMENT WITH NIEVES LANDSCAPE INC. FOR
PASSIVE PARK MAINTENANCE SERVICES
RECOMMENDED ACTION: 1. Approve the Ninth Amendment to the Agreement for Passive Park Landscape Maintenance Services with Nieves Landscape, Inc.
2. Authorize the Mayor to sign, and the City Clerk to attest, the Ninth Amendment substantially in the form attached.
April 19, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 7
16. AWARD CONSTRUCTION CONTRACT FOR NEIGHBORHOOD PARK
RENOVATIONS: VINTAGE PARK AND SUNDOWNER PARK (PW2017-17D) RECOMMENDED ACTION: 1. Approve contract documents for construction of Neighborhood Park Renovations: Vintage Park and Sundowner Park.
2. Award a contract in the amount of $944,047.18 to Diamond Construction & Design
3. Reject all other bids received and authorize return of the bid bonds upon receipt of the executed contract documents from Diamond Construction & Design
4. Authorize the Mayor to sign, and the City Clerk to attest the contract with Diamond Construction & Design.
DISCUSSION/ACTION ITEMS (Item Nos. 17 – 19)
The following matters are for City Council consideration/discussion/action. Members of the public may have the opportunity to address these items if they wish to do so. Please complete the "Request to Speak" form and give to the City Clerk.
17. FISCAL YEAR 2021-22 MID-YEAR BUDGET REVIEW
RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE BUDGET FOR 2021-23; AMENDING THE 2021-2028 CAPITAL IMPROVEMENT PLAN; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2021-22.
18. AD-HOC COMMITTEE FOR SOLID WASTE FRANCHISE AGREEMENT
PROCUREMENT
RECOMMENDED ACTION: Create a Solid Waste Procurement Ad-Hoc Committee and appoint two (2) City Council Members.
19. STRATEGIC PLAN QUARTERLY UPDATE
RECOMMENDED ACTION: Receive and file.
April 19, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 8
CITY MANAGER'S REPORT
At this time, the City Manager may comment on agenda and non-agenda items; and report on items of interest to the City Council and community.
CITY COUNCIL COMMENTS
At this time, City Council Members may comment on agenda or non-agenda matters. No discussion may take place on any item not appearing on the posted agenda. Council Members may ask a question for clarification, respond to statements made or questions posed by the public, make a brief announcement, or make a brief report on his or her own activities. In addition, the City Council may refer to staff or other resources for factual information, request staff to report back at a subsequent meeting or direct staff to place a matter of business on a future agenda. No action may be taken on non-agenda matters unless authorized by law (Government Code Section 54954.2).
Council Member Moatazedi:
Council Member Tettemer:
Council Member Voigts:
Mayor Pro Tem Cirbo:
Mayor Pequeño:
ADJOURNMENT:
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this Meeting, including auxiliary aids or services, you should contact the Office of the City Clerk at (949) 461-3400. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and agenda back-up materials can be obtained from the Office of the City Clerk on the Friday prior to the City Council meeting. Copies of all Agendas, Staff Reports and Supporting Materials can also be found on the City’s website – https://www.lakeforestca.gov/129/Agendas. Agenda and agenda packets, if requested, will be made available in an appropriate alternative format to persons with a disability as required by the Americans With Disabilities Act. Copies of the agenda are provided at no cost and agenda back-up materials are available at the per page copy cost.
The City of Lake Forest mailing address is City Council Chambers, 100 Civic Center Drive, Lake Forest, California.
Phone: (949) 461-3400. FAX (949) 461-3511
CERTIFICATION: I, Lisa Berglund, City Clerk of the City of Lake Forest, California, hereby certify that the foregoing agenda was posted for public review at City Hall on April 14, 2022.
Lisa Berglund
City Clerk
CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/19/2022
DEPARTMENT: City Clerk
SUBJECT:
PRESENTATION BY ORANGE COUNTY SHERIFF'S DEPARTMENT ON THE
FENTANYL EPIDEMIC
RECOMMENDED ACTION(S):
Receive the presentation.
EXECUTIVE SUMMARY:
This month, the Drug Enforcement Administration has warned of a nationwide spike in fentanyl-related mass-overdose events. Fentanyl is a highly addictive drug and found in all 50 states. Drug traffickers are increasingly mixing it with other illicit drugs to drive addiction and attract repeat buyers. These massoverdose events typically occur when drug dealers sell their product as “cocaine,” when it actually contains fentanyl or when drug dealers sell pills appearing identical to legitimate prescriptions but are actually fake prescription pills containing fentanyl. This is creating a frightening nationwide trend where many overdose victims are dying after unknowingly ingesting fentanyl. The Center for Disease Control estimates that in the 12-month period ending in October 2021, more than 105,000 Americans died of drug overdoses, with 66 percent of those deaths related to synthetic opioids like fentanyl. Last year, the United States suffered more fentanyl-related deaths than gun- and auto-related deaths combined.
Tonight, the Orange County Sheriff’s Department will provide a presentation describing the devastating impact fentanyl is having in Orange County.
FISCAL IMPACT:
There is no fiscal impact associated with presentation.
ATTACHMENTS:
None.
Item: 3
9 Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 3
10 CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/19/2022
DEPARTMENT: City Manager
SUBJECT:
NEW EMPLOYEE INTRODUCTIONS
RECOMMENDED ACTION(S):
Receive and file a presentation from City Manager's Office introducing the newest employees of the City of Lake Forest.
EXECUTIVE SUMMARY:
The City of Lake Forest hired three new employees during the three months preceding the publication of this report. This report summarizes the professional background of each of the City’s newest full-time employees.
DISCUSSION:
Noel Gomez – Communications and Marketing Specialist
On January 18, 2022, Noel joined the City of Lake Forest Management Services Department as a Communications and Marketing Specialist. In this position, Noel will oversee the City’s social media platforms, produce the Mayor’s Minute, and assist with public relations outreach and communications.
Noel began her career in public relations as a Communications Intern for the San Bernardino County Superintendent of Schools. After graduating from Cal Poly Pomona with her Bachelor’s in Communication, Noel continued her career with County Schools as an interim Communications Specialist. She then worked for the Los Angeles County Metropolitan Transportation Authority as an Administrative Analyst for the Chief People Officer.
Naz Mokarram – Principal Civil Engineer
Naz Mokarram joined the City of Lake Forest Public Works Department as a Principal Civil Engineer on April 4, 2022. She comes to us from the City of Costa Mesa, where she has been for the past four years. She has twenty years of engineering experience and holds a Bachelor’s in Civil Engineering and a Item: 4
11 Master's in Earthquake Engineering from the University of Tehran, as well as Master's in Geotechnical Engineering and a Doctorate in Civil Engineering from the University of Southern California. Naz is a registered Civil Engineer and Geotechnical Engineer by the State of California.
Wail Jamal – Audio-Visual Technician
On January 31st, 2022, Wail joined the City of Lake Forest Information Technology Division as an Audio-Visual Technician. In this position, Wail’s duties include overseeing the audio-visual systems for all meeting spaces in the Lake Forest Civic Center & Performing Arts Center.
Wail is a graduate of California State University, Fullerton – Theater Arts Design & Production. Over the last ten years Wail has worked with Encore Event Technology, most recently as the Director of Event Technology at the Pomona Fairplex & Conference Center.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
None.
Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager
Item: 4
12 CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/19/2022
DEPARTMENT: City Clerk
SUBJECT:
MOTION TO WAIVE RESOLUTIONS AND ORDINANCES
RECOMMENDED ACTION(S):
Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
EXECUTIVE SUMMARY:
California Government Code 36934 allows titles of ordinances and resolutions to be waived.
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
None.
Submitted By: Lisa Berglund, MPA, City Clerk
Approved By: Debra Rose, City Manager
Item: 5
13 LAKE FOREST CITY COUNCIL MINUTES MARCH 1, 2022
Page No. 1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST
The Regular Meeting of the City Council of the City of Lake Forest held Tuesday, March 1, 2022, at the Lake Forest City Council Chamber, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 p.m.
ROLL CALL: Council Members:
Mayor Pro Tem
Mayor:
City Manager:
City Attorney:
City Clerk:
Neeki Moatazedi (absent)
Mark Tettemer
Scott Voigts (absent)
Doug Cirbo
Robert Pequeño
Debra Rose
Matthew E. Richardson
Lisa Berglund
CLOSED SESSION:
No public comments were received on closed session.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.9 PROPERTY: 100 CIVIC CENTER DRIVE, LAKE FOREST, CA AGENCY NEGOTIATORS: CITY MANAGER AND CITY ATTORNEY NEGOTIATING PARTIES: CITY OF LAKE FOREST AND SIFI
NETWORKS AMERICA, LLC AND/OR THEIR AUTHORIZED REPRESENTATIVES UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT
ACTION: Closed Session conducted.
RECESS: City Council recessed to Closed Session for the purpose of conducting regular City business.
RECONVENE: City Council reconvened at 6:30 p.m. and continued regular City business in public session.
PUBLIC SESSION:
INVOCATION: The Invocation was provided by Pastor Aaron Hale of Calvary Chapel.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Council Member Tettemer.
CLOSED SESSION REPORT: City Attorney Richardson had no action to report.
Item: 6
14 LAKE FOREST CITY COUNCIL MINUTES MARCH 1, 2022
Page No. 2
PRESENTATIONS: (Item No. 2)
A motion was made by Council Member Tettemer and seconded by Mayor Pro Tem Cirbo to receive the presentation. The motion passed unanimously with Council Members Voigts and Moatazedi absent.
2. ORANGE COUNTY HOUSING FINANCE TRUST UPDATE RECOMMENDED ACTION: Grant Henninger gave a presentation to the City Council.
No public comments were received on this item.
REPORT FROM STUDENT LIAISON: A report was received by student Natasha Quinn, Student Liaison from El Toro High School.
PUBLIC COMMENTS: Public comment was received by Douglas McGaugh.
CONSENT CALENDAR: (Item Nos. 3 - 8)
MOTION: It was moved by Council Member Tettemer and seconded by Mayor Pro Tem Cirbo to approve Consent Calendar Item Nos. 3-8 with Council Member Tettemer dissenting on Item No. 4. The motion was carried by a vote of 3/0 with Mayor Pro Tem Cirbo abstaining from the ACMS warrant listed in item No. 7, and Council Members Voigts and Moatazedi absent.
STATEMENTS READ INTO THE RECORD:
There is a warrant on the register to All City Management Services. My wife is an employee of the ACMS and I have determined that I have a remote interest in this warrant and will abstain from voting on that warrant.
3. MOTION TO WAIVE RESOLUTIONS AND ORDINANCES
ACTION: Said Ordinances and Resolutions appearing on the public agenda were determined to have been read by title and further reading waived.
4. CONTINUING TO HOLD VIRTUAL MEETINGS PURSUANT TO AB 361 ACTION: Renewed findings were made that a state of emergency remains in effect and that state and local officials continue to recommend measures that promote social distancing.
5. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 15, 2022
ACTION: Minutes were approved as submitted.
Item: 6
15 LAKE FOREST CITY COUNCIL MINUTES MARCH 1, 2022
Page No. 3
6. MONTHLY TREASURER’S REPORT – JANUARY 2022
ACTON: The treasurers report was received and filed.
7. CERTIFICATE OF WARRANT REGISTER
ACTION: The warrant register was approved in the amount of $4,098,974.96.
8. PUBLIC WORKS CONTRACT WITH ROBERTSON INDUSTRIES FOR
CITYWIDE PLAYGROUND RESURFACING/REPLACING PROJECT
ACTION: 1. Contract documents were approved for Citywide Playground Resurfacing/Replacement Project (PW 2021-08)
2. A contract was awarded to Robertson Industries, Inc. with a contract price of $207,230.
3. All other bids received were rejected and the return of the bid bonds were authorized upon receipt of the executed contract documents from Robertson Industries, Inc.
4. A resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2021-2028 CAPITALL IMPROVEMENT PLAN; AMENDING APPROPRIATIONS FOR
FISCAL YEAR 2021-22” was adopted.
5. The Mayor was authorized to sign, and the City Clerk to attest the contract with Robertson Industries Inc. as submitted to form.
PUBLIC HEARING: (Item No. 9 - 10)
9. AN ORDINANCE ADDING CHAPTEDRS 7.50 AND 9.52 TO THE LAKE
FOREST MUNICIPAL CODE TO ESTABLISH OBJEDCTIVE DESIGHN,
DEVELOPMENT AND SUBDIVISION STANDARDS REGULATING URBAN
LOT SPLITS AND TWO UNIT HOUSING PROJECTS IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9 AND DETERMINING THE ACTION TO BE
EXEMPT FROM CEQA
Mayor Pequeño opened the public hearing. City Manager Rose introduced the item and Senior Planner Ron Santos provided a presentation to the City Council. No public comments were offered. Mayor Pequeño closed the public hearing. City Council questions were asked and answered.
Item: 6
16 LAKE FOREST CITY COUNCIL MINUTES MARCH 1, 2022
Page No. 4
MOTION: Council Member Tettemer made a motion introducing the first reading an Ordinance Entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST ADDING CHAPTERS 7.50 AND 9.52 TO THE LAKE
FOREST MUNICIPAL CODE TO ESTABLISH OBJECTIVE DESIGN,
DEVELOPMENT AND SUBDIVISION STANDARDS REGULATING URBAN
LOT SPLITS AND TWO-UNIT HOUSING PROJECTS IN ACCORDANCE
WITH CALIFORNIA SENATE BELL 9 AND DETERMINED THE ACTION TO BE EXEMPT FROM CEQA. The motion was seconded by Mayor Pro Tem Cirbo. The motion passed 3/0 with Council Members Voigts and Moatazedi absent.
10. ZONING CODE AMENDMENT 12-21-5483, A CITY-INITIATED ZONING CODE AMENDMENT TO ADD CHAPTER 9.60 OF THE LAKE FOREST
MUNICIPAL CODE TO ESTABLISH OBJECTIVE DESIGN STANDARDS FOR
NEW MULTIFAMILY PROJECTS IN THE CITY
Mayor Pequeño opened the public hearing. City Manager Rose introduced the item and Associate Planner Amanda Lauffer provided a presentation to the City Council. No public comments were offered. Mayor Pequeño closed the public hearing. City Council questions were asked and answered.
MOTION: Council Member Tettemer made a motion to find Zoning Code Amendment 12-21-5483 exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the State CEQA Guidelines; and to introduce first reading of the Ordinance entitled, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST,
CALIFORNIA, AMENDING LAKE FOREST MUNICIPAL CODE TO ADD
CHAPTER 9.60 TO ESTABLISH OBJECTIVE DESIGN STANDARDS FOR
NEW MULTIFAMILY PROJECTS IN THE CITY AND DETERMINING THE ACTION TO BE EXEMPT FROM CEQA (ZC 12-21-5483)”. The motion was seconded by Mayor Pro Tem Cirbo. The motion passed 3/0 with Council Members Voigts and Moatazedi absent.
DISCUSSION/ACTION ITEMS: (Item No. 11 - 12)
11. PORTOLA PARK LIGHTING
City Manager Rose introduced the item and Engineering Services Manager Doug Erdman provided a presentation to the City Council. Public comments were received from Shannon Lloyd, Janet Coppini, Michelle Henslick and Steve Edwards. Questions were asked by the City Council and answered by staff.
Item: 6
17 LAKE FOREST CITY COUNCIL MINUTES MARCH 1, 2022
Page No. 5
MOTION: A motion was made by Mayor Pro Tem Cirbo to proceed with staff recommendation to install 20 lights at the dog park and the walkway to the dog park, eights lights at the pickle ball courts and four lights at the volleyball courts all located in Portola Park. The motion was seconded by Council Member Tettemer. The motion passed 3/0 with Council Members Voigts and Moatazedi absent.
12. VETERANS PARK MEMORIAL FLAGPOLE DISCUSSION
City Manager Rose introduced the item and Engineering Services Manager Doug Erdman provided a presentation to the City Council. Public comments were received from Lawrence Arthur.
MOTION: A motion was made by Mayor Pequeño to proceed with staff option no. 1 listed in the staff report. The motion was seconded by Mayor Pro Tem Cirbo. The motion passed 3/0 with Council Members Voigts and Moatazedi absent.
CITY MANAGERS REPORT:
City Manager Rose announced that there will be a groundbreaking ceremony at the Mountain View Affordable Housing project located at 24551 Raymond Way on Tuesday, March 15, 2022, at 11:00 a.m.
CITY COUNCIL COMMENTS:
Council Member Tettemer: Council Member Tettemer had no further comments.
Mayor Pro Tem Cirbo: Mayor Pro Tem Cirbo had no further comments.
Mayor Pequeño: Mayor Pequeño thanked staff for their hard work.
He participated in the point in time homeless count in
the city. Lastly, the Mayor closed the meeting in honor of Huntington Beach Police Officer Nicholas Vella who
lost his life in a helicopter crash in February.
ADJOURNMENT: The regular meeting of the City Council was adjourned at 7:37 p.m.
Respectfully submitted: APPROVED:
__
LISA BERGLUND, MPA ROBERT PEQUEÑO
CITY CLERK MAYOR
Item: 6
18 LAKE FOREST CITY COUNCIL MINUTES MARCH 15, 2022
Page No. 1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST
The Regular Meeting of the City Council of the City of Lake Forest held Tuesday, March 15, 2022, at the Lake Forest City Council Chamber, 100 Civic Center Drive, Lake Forest, California, was called to order at 6:30 p.m.
ROLL CALL: Council Members:
Mayor Pro Tem
Mayor:
City Manager:
City Attorney:
City Clerk:
Neeki Moatazedi (teleconference)
Mark Tettemer
Scott Voigts
Doug Cirbo
Robert Pequeño
Debra Rose
Matthew E. Richardson
Lisa Berglund
PUBLIC SESSION
INVOCATION: The Invocation was provided by Chaplain Serena Cummins from Orange County Sheriff’s Department.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Mayor Pro Tem Cirbo.
PRESENTATIONS (Item No. 1)
MOTION: It was moved by Council Member Voigts and seconded by Council Member Tettemer to receive the presentation.
1. PROTECTED-PERMISSIVE LEFT – TURN PHASING PROJECT – FLASHING
YELLOW ARROW PRESENTATION
ACTION: Traffic Engineering Manager provided a presentation to the City Council. The presentation was received.
Comments were received on this item from Andrew O’Connor.
PUBLIC COMMENTS:
Public comment was received from Andrew O’Connor and Suzy Betz.
Item: 7
19 LAKE FOREST CITY COUNCIL MINUTES MARCH 15, 2022
Page No. 2
7. REDISTRICTING PUBLIC HEARING NO. 4
ACTION:
Item No. 7 was heard after Item No. 1 at 6:45 p.m.
Mayor Pequeño opened the public hearing.
City Manager Rose introduced this item and deferred to City Clerk Berglund to summarize the item. Andrew Westall from Bear Demographics and Research, LLC provided a presentation on the draft map and the one map that was submitted by a member of the public. The presentation was received by the City Council.
Public comment was received from Lois Anderson, Andrea Alexander, Herb Cohen, Pam Degulis, Michael, Boyd, Margo Finlayson and Bob Holtzclaw.
There was one virtual speaker with the first name Molly (last name was inaudible).
Mayor Pequeño closed the public hearing and discussion among the City Council ensured.
MOTION: Council Member Tettemer made a motion to introduce Map 1. The motion was seconded by Council Member Cirbo.
SUBSTITUTE MOTION: Council Member Moatazedi made a substitute motion to introduce the first reading of Ordinance 352 entitled, “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING SECTION 2.05.030 OF TITLE 2 OF THE LAKE FOREST
MUNICIPAL CODE REGARDING ADJUSTING THE BOUNDARIES OF CITY
COUNCIL ELECTION DISTRICTS AND CONFIRMING SUCH REVISED
COUNCIL DISTRICT BOUNDARIES, AS REFLECTED IN ATTACHED MAP B”. The motion was seconded by Council Member Voigts. The motion passed 3/2 with Council Members Tettemer and Cirbo dissenting.
Item: 7
20 LAKE FOREST CITY COUNCIL MINUTES MARCH 15, 2022
Page No. 3
CONSENT CALENDAR: (Item Nos. 2 - 6)
MOTION: It was moved by Council Member Voigts and seconded by Council Member Moatazedi to approve Consent Calendar Item Nos. 2-6. The motion was carried by a vote of 5/0.
2. MOTION TO WAIVE RESOLUTIONS AND ORDINANCES
ACTION: Said Ordinances and Resolutions appearing on the public agenda were determined to have been read by title and further reading waived.
3. ADOPTION OF ORDIANANCE NO. 350 ADDING CHAPTERS 7.50 AND 9.52
TO THE LAKE FOREST MUNICIPAL CODE TO ESTABLISH OBJECTIVE
DESIGN, DEVELOPMENT AND SUBDIVISION STANDARDS REGULATING
URBAN LOT SPLITS AND TWO-UNUT HOUSING PROJECTS IN
ACCORDANCE WITH CALIFORNIA SENATE BILL 9
ACTION:
1. The second reading of Ordinance No. 350 entitled, “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF LAKE FOREST ADDING
CHAPTERS 7.50 AND 9.52 TO THE LAKE FOREST MUNICIPAL CODE
TO ESTABLISH OBJECTIVE DESIGN, DEVELOPMENT AND
SUBDIVISION STANDARDS REGULATING URBAN LOT SPLITS AND
TWO-UNIT HOUSING PROJECTS IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9 AND DETERMINING THE ACTION TO BE EXEMPT
FROM CEQA” was conducted.
2. Ordinance No. 350 was adopted.
4. ADOPTION OF ORDINANCE NO. 351 RELATING TO ZONING CODE AMENDMENT 12-21-5483, ADDING CHAPTER 9.60 OF THE LAKE FOREST
MUNICIPAL CODE TO ESTABLISH OBJECTIVE DESIGN STANDARDS FOR
NEW MULTIFAMIY PROJECTS IN THE CITY
ACTION:
1. The second reading of Ordinance No. 351 entitled, “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING LAKE FOREST MUNICIPAL CODE TO ADD CHAPTER 9.60
TO ESTABLISH OBJECTIVE DESIGN STANDARDS FOR NEW
MULTIFAMILY PROJECTS IN THE CITY AND DERERMINING THE
ACTIO TO BE EXEMPT FROM CEQA (ZC 12-21-5483)” was conducted.
2. Ordinance No. 351 was adopted.
Item: 7
21 LAKE FOREST CITY COUNCIL MINUTES MARCH 15, 2022
Page No. 4
5. AWARD CONSTRUCTION CONTRACT FOR SPORTS PARK PAVER
REPLACEMENT PROJECT (PW 2020-11)
ACTON:
1. Contract documents for the construction of the Sports Park Paver Replacement Project were approved;
2. A contract with IE General Construction, Inc was awarded with a contract price of $169,700;
3. All other bids received were rejected and City Council authorized the return of the bid bond upon receipt of the executed contract documents from IE General Construction, Inc.; and
4. The Mayor was authorized to sign, and the City Clerk was authorized to attest the contract with IE General Construction, Inc.
6. SUBMITTAL OF 2021 ANNUAL HOUSING ELEMENT PROGRESS REPORT
TO STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ACTION: Staff was authorized to submit the 2021 Annual Housing Element Progress Report to the State Department of Housing and Community Development and Governor’s Office of Planning and Research.
PUBLIC HEARING: (Item No. 7)
7. 2022 REDISTRICTING PUBLIC HEARING NO. 4
ACTION: The City Council conducted this public hearing at a time certain of 6:45 p.m. This hearing was taken up by the City Council after Item No. 1.
Item: 7
22 LAKE FOREST CITY COUNCIL MINUTES MARCH 15, 2022
Page No. 5
DISCUSSION/ACTION ITEMS: (Item No. 8 - 10)
8. STREET SWEEPING PARKING RESTRICTION POLICY – UPDATE
City Manager Rose introduced this item and deferred to the City’s Traffic Engineer Tran Tran to summarize the item. City Council questions were asked and answered.
MOTION: Council Member Voigts made a motion to approve staff recommendation and approve Traffic and Parking Commission’s proposed revisions to the Street Sweeping Parking Restriction Policy, and authorized staff to issue a request for proposals for Parking Enforcement Services. The motion was seconded by Council Member Moatazedi.
A friendly amendment was made by Council Member Tettemer for staff to return to the City Council in one year with an update on the implementation of the policy. The friendly amendment was accepted by the maker of motion. The motion passed 5/0.
9. UPDATES TO THE PURCHASING AND CONTRACTING GUIDELINES City Manager Rose introduced this item and deferred to the City’s Finance Analyst Nidia Ruelas to provide a presentation to the City Council. Throughout the presentation the City Council paused to vote on each of the proposed changes to the guidelines. During the presentation City Council questions were asked and answered.
ACTION:
• Non-substantive Changes
MOTION: Council Member Voigts made a motion to approve the nonsubstantive changes. The motion was seconded by Mayor Pequeño. The motion passed unanimously.
• Reserve the City Manager’s Work Extra Work Authority at 10% of the original amount of the contract.
MOTION: Council Member Tettemer made a motion to approve reserving the City Manager’s work authority at 10%. In addition, he requested that staff inform the City Council of those contracts and agreements where the City Manager utilizes the 10% reserve. The information shall be in the form of a staff report and placed on a City Council agenda. The motion was seconded by Council Member Voigts. The motion passed unanimously.
Item: 7
23 LAKE FOREST CITY COUNCIL MINUTES MARCH 15, 2022
Page No. 6
• Cooperative Agreements that have been procured
MOTION: Council Member Tettemer made a motion to table the discussion of this matter and bring before the Audit Committee for discussion. Council Member Cirbo seconded the motion. The motion passed unanimously. • Electronic submission of bids and proposals instead of paper copies.
MOTION: Council Member Tettemer made a motion to approve the electronic submission of bids and proposal instead of paper copies. The motion was seconded by Council Member Voigts. The motion passed unanimously. • Vote to increase informal procurement approval from $30,000 to $50,000.
MOTION: Council Member Tettemer made a motion to approve a $40,000 approval. Council
SUBSTITUTE MOTION: Member Cirbo made a substitute motion to increase formal procurement to $50,000. The substitute motion was seconded by Council Member Voigts. The motion passed unanimously.
• Change procurement evaluation to use the review of technical proposals to quality firms and calculate final overall score using interview and cost scoring.
MOTION: Council Member Tettemer made a motion to have the minimum average score of 70% required to be eligible for an interview. Mayor Pequeño seconded the motion. The motion passed unanimously.
Change in roll call:
At 8:36 p.m., during the discussion of Item No. 9, Council Member Moatazedi exited the meeting.
• Change prequalification/request for qualification process.
Council Member Voigts made a motion to adopt a two-year list of prequalified vendors for professional services, with staff determining which vendors qualify to be placed on the list. In one-year staff shall inform the City Council the number of vendors that have subsequently sought to be placed on the list.
Council Member Tettemer seconded the motion and expressed that the Audit Committee stands ready to assist as needed. The motion passed 4/1 with Council Member Moatazedi absent.
Item: 7
24 LAKE FOREST CITY COUNCIL MINUTES MARCH 15, 2022
Page No. 7
• Establish a process of recreation instruction agreements MOTION: Council Member Tettemer made a motion to approve staff recommendation to establish a formal procurement process for class instructors and recreational vendors, standardizing the procurement of recreation instructor agreements and substantiating the set dollar approval levels per the City’s purchasing approval limits with the modification that staff inform the City Council of those contracts approved by the City Manager.
Council Member Tettemer requested the information be added to the same report that informs the City Council when the City Manager’s exercises her 10% work authority. Council Member Voigts seconded the motion. The motion passed 4/1 with Council Member Moatazedi absent.
MOTION: Council Member Tettemer made a motion to introduce the first reading of an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING CHAPTERS 3.12 AND 3.13 OF THE LAKE FOREST MUNICIPAL CODE CONCERNING THE PROCUREMENT OF GOODS, SERVICES AND PUBLICE PROJECTS” with the removal of the section related to cooperative agreements and approving the purchasing and contracting guidelines substantially in the form submitted. The motion was seconded by Mayor Pro Tem Cirbo. The motion passed 4/1 with Council member Moatazedi absent.
10. SELECTION OF DELEGATE AND ALTERNATE FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNNMENTS (“SCAG”) REGIONAL
CONFERENCE AND GENERAL ASSEMBLY MEETING
MOTION:
A motion was made by Council Member Tettemer to appoint Mayor Pequeño as the delegate and Council Member Voigts as the alternate to the Annual SCAG Regional Conference and General Assembly. The motion was seconded by Mayor Pro Tem Cirbo. The motion passed 4/0 with Council Member Moatazedi absent.
CITY MANAGERS REPORT:
City Manager Rose had no additional comments.
CITY COUNCIL COMMENTS:
Council Member Tettemer: Council Member Tettemer had no further comments.
Item: 7
25 LAKE FOREST CITY COUNCIL MINUTES MARCH 15, 2022
Page No. 8
Council Member Voigts: Council Member Voigts attended the groundbreaking of the Mountain View Housing project.
Mayor Pro Tem Cirbo: Council Member Cirbo attended a commission ceremony for Sergeant Major Maddox.
Mayor: Pequeño Mayor Pequeño attended opening day of the local Little League. He also thanked staff for all their hard work.
ADJOURNMENT: The regular meeting of the City Council was adjourned at 8:45 p.m.
Respectfully submitted: APPROVED:
__
LISA BERGLUND, MPA ROBERT PEQUEÑO
CITY CLERK MAYOR
Item: 7
26 LAKE FOREST CITY COUNCIL MINUTES APRIL 5, 2022
Page No. 1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST
The Regular Meeting of the City Council of the City of Lake Forest held Tuesday, April 5, 2022, at the Lake Forest City Council Chamber, 100 Civic Center Drive, Lake Forest, California, was called to order at 6:30 p.m.
ROLL CALL: Council Members:
Mayor Pro Tem
Mayor:
Assistant City Manager:
City Attorney:
City Clerk:
Neeki Moatazedi (teleconference)
Mark Tettemer
Scott Voigts
Doug Cirbo (absent)
Robert Pequeño
Keith Neves
Matthew E. Richardson
Lisa Berglund
PUBLIC SESSION:
INVOCATION: The Invocation was provided by Peace Center Minister Vanessa Burdick, Saddleback Church.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Mayor Pequeño.
REPORT FROM STUDENT LIAISON: Natasha Quinn, Student Liaison from El Toro High School provided a report.
PUBLIC COMMENTS:
Public comment was received from Anvika Vudutha, Alexis Veal, David Biondolillo and Suzy Betz.
CONSENT CALENDAR: (Item Nos. 1 - 13)
MOTION: It was moved by Council Member Tettemer and seconded by Council Member Voigts to approve Consent Calendar Item Nos. 1-13. The motion was carried by a vote of 4/0 with Council Member Moatazedi abstaining from the Gas Company warrant listed in Item No. 4, Council Member Tettemer pulling Item No. 11 and Mayor Pro Tem Cirbo absent.
STATEMENTS READ INTO THE RECORD:
Council Member Voigts:
There are warrants on the register to the County of Orange. I am an employee of the County of Orange, but I do not work for the department that generated the warrants.
Because the County of Orange is a public agency and because I do not work for the department in question, I have determined that I have a non-interest in these warrants and will vote on this item.
Item: 8
27 LAKE FOREST CITY COUNCIL MINUTES APRIL 5, 2022
Page No. 2
Council Member Moatazedi:
There is a warrant on the register to The Gas Company. I am an employee of the Gas Company and have determined that I have a remote interest in this warrant and will abstain from voting on that warrant.
Council Member Tettemer:
There is a warrant on the register to the Irvine Ranch Water District. I am an employee of the Irvine Ranch Water District, but I do not work for the department that generated this warrant. Because the Irvine Ranch Water District is a public agency and because I do not work for the department in question, I have determined that I have a non-interest in this warrant and will vote on this warrant.
1. MOTION TO WAIVE RESOLUTIONS AND ORDINANCES
ACTION: Ordinances and Resolutions appearing on the public agenda were determined to be read by title and further reading was waived.
2. CONTINUING TO HOLD VIRTUAL MEETINGS PURSUANT TO AB 361 ACTION: Renewed findings were made that a state of emergency remains in effect and that state and local officials continue to recommend measures that promote social distancing.
3. MONTHLY TREASURER’S REPORT – FEBRUARY 2022
ACTION: The monthly Treasurer’s Report was received and filed.
4. CERTIFICATION OF WARRANT REGISTER
ACTION: The warrant register in the amount of $4,489,810.00 was approved as submitted.
5. THIRD AMENDMENT TO THE AGREEMENT WITH SUPERIOR PROPERTY SERVICES FOR GRAFFITI REMOVAL AND STEAM CLEANING SERVICES.
ACTION: 1. The Third Amendment to the Agreement with Superior Property Service for Graffiti Removal and Steam Cleaning Services was approved.
2. The Mayor was authorized to sign, and the City Clerk to attest, the Third Amendment substantially in the form attached.
6. AWARD CONSTRUCTION CONTRACT FOR SLURRY SEAL PROJECT FOR NON-ARTERIAL STREETS, ZONE F (PW2021-05A)
ACTION: 1. Contract documents were approved for construction of Slurry Seal Project for Non-Arterial Streets, Zone F (PW2021-05A).
Item: 8
28 LAKE FOREST CITY COUNCIL MINUTES APRIL 5, 2022
Page No. 3
2. A contract was awarded in the amount of $1,306,825.69 to American Asphalt South, Inc.
3. All other bids received were rejected and the return of bid bonds were authorized upon receipt of the executed contract documents from American Asphalt South, Inc.
4. The Mayor was authorized to sign, and the City Clerk to attest the contract with American Asphalt South, Inc.
7. ALTON PARKWAY REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT – BUDGET AMENDMENT
ACTION: 1. An amendment to the Alton Parkway Regional Traffic Signal Synchronization Program Project was authorized and $80,000 was added to the project budget.
2. A resolution was adopted entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2021-2028 CAPITAL IMPROVEMENT PLAN; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2021-22”.
8. APPROVAL OF DEED RESTRICTIONS RELATED TO REGENCY PARK ACTION: 1. A Deed Restriction for Regency Park for Proposition 68 Per Capita Grant Program was approved.
2. The Mayor was authorized to sign and the City Clerk to attest and record the Deed Restriction substantially in the form attached.
9. SECOND AMENDMENT TO THE AGREEMENT WITH SADDLEBACK
VALLEY UNIFIED SCHOOL DISTRICT TO PROVIDE THE KIDS FACTORY AFTER SCHOOL PROGRAM FOR FISCAL YEAR 2022-23
ACTION: 1. The Second Amendment to the Agreement with Saddleback Valley Unified School District (“SVUSD”) to provide the Kids Factory After School Program for Fiscal Year 2022-23 was approved.
2. The Mayor was authorized to sign, and the City Clerk to attest, the Second Amendment to the Agreement with Saddleback Valley Unified School District, substantially in the form attached.
Item: 8
29 LAKE FOREST CITY COUNCIL MINUTES APRIL 5, 2022
Page No. 4
10. 2021 GENERAL PLAN ANNUAL PROGRESS REPORT
ACTION: Staff was authorized to submit the 2021 General Plan Annual Progress Report to the Governor’s Office of Planning and Research and the State’s Housing and Community Development Department.
11. ADOPTION OF ORDINANCE NO. 352 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING SECTION 2.05.030 OF TITLE 2 OF THE LAKE FOREST MUNICIPAL CODE
REGARDING ADJUSTING THE BOUNDARIES OF CITY COUNCIL
ELECTION DISTRICTS AND CONFIRMING SUCH REVISED COUNCIL
DISTRICT BOUNDARIES, AS REFLECTED IN THE ATTACHED MAP
Council Member Tettemer requested that Item No. 11 be pulled from the consent calendar for further discussion.
Public comment was received by Lois Anderson, Jim Richert, Sonny Morper and Andrea Alexander.
A motion was made by Council Member Tettemer to delay the second reading of Ordinance No. 352 which would adopt Map B reflecting the revised district boundaries. No second was heard. The motion failed for lack of a second.
A motion was made by Council Member Voigts to move the second reading of Ordinance No. 352 as prepared by staff. The motion was seconded by Council Member Pequeño. The motion passed 3/1 with Council Member Tettemer dissenting and Council Member Cirbo absent.
12. ADOPTION OF ORDINANCE NO. 353 OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING CHAPTERS 3.12 AND 3.13 OF
THE LAKE FOREST MUNICIPAL CODE CONCERNING THE
PROCUREMENT OF GOODS, SERVICES AND PUBLIC PROJECTS
ACTON: The second reading of Ordinance No. 353 entitled, “AN ORDINANCE NO. 353 OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING CHAPTERS 3.12 AND 3.13 OF THE LAKE
FOREST MUNICIPAL CODE CONCERNING THE PROCUREMENT OF
GOODS, SERVICES AND PUBLIC PROJECTS” was conducted.
13. STATE OF CALIFORNIA GOVENOR’S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICAT’S AGENT RESOLUTION
ACTION: A Resolution was adopted entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, DESIGNATING
THE CITY MANAGER, ASSISTANT CITY MANAGER, AND DIRECTOR OF
FINANCE/CITY TREASURER, AS AUTHORIZED AGENTS TO EXECUTE
AND ADMINISTER APPLICATIONS FOR FEDERAL FINANCIAL
Item: 8
30 LAKE FOREST CITY COUNCIL MINUTES APRIL 5, 2022
Page No. 5
ASSISTANCE PROVIDED BY THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES”
PUBLIC HEARING: (Item No. 14 - 16)
14. PUBLIC SAFETY ELEMENT UPDATE OF THE CITY’S GENERAL PLAN Mayor Pequeño opened the public hearing. Assistant City Manager Neves introduced the item. Amanda Tropiano of De Novo planning group gave a presentation to the City Council. Council Member Tettemer questioned information listed in the climate vulnerability assessment. On Attachment 1, Exhibit A, Appendix A, page 5, there is a sentence that reads:
Statewide, temperature is projected to increase 36-39 °F for this scenario by the end of this century.
Ms. Tropiano corrected the record verbally and clarified that it should read 3.6-
3.9 °F. Ms. Tropiano assured the City Council that this typo would be corrected prior to finalization of the document. Mayor Pequeño closed the public hearing.
MOTION: Council Member Voigts made a motion to find this project does not require additional review and is exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3). The City Council found that the project is an update to an existing policy document to comply with new laws and reinforce existing policy direction. The City Council found that implementation of the Public Safety Element update would not have a significant effect on the environment. The City Council adopted a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA, ADOPTING THE UPDATE TO THE GENERAL PLAN SAFETY ELEMENT AND DETERMINE THE ACTON EXEMPT FROM CEQA.
The motion was seconded by Council Member Tettemer. The motion passed 4/0 with Council Member Cirbo absent”.
15. DRAFT THIRD SUBSTANTIAL AMENDMENT TO COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM – FISCAL YEAR 2019 – 2020
ANNUAL ACTION PLAN FOR ALLOCATION OF CDBG-CORONAVIRUS
AUTHORIZED UNDER THE CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT OF 2020 FUNDS
Mayor Pequeño opened the public hearing. Assistant City Manager Neves introduced the item. Senior Planner Ron Santos gave a presentation to the City Council. Mayor Pequeño closed the public hearing.
MOTION: Council Member Voigts made a motion to approve the substantial amendment to the Fiscal Year 2019-2020 Community Development Block Grant (“CDBG”) Annual Action Plan (“Action Plan”) allocating CDBG-CV funds to prevent, prepare submit the Amended Fiscal Year 20192020 Action Plan to the U.S. Department of Housing and Urban Development (“HUD”) (“Third Item: 8
31 LAKE FOREST CITY COUNCIL MINUTES APRIL 5, 2022
Page No. 6
Amendment”), and submit all related documents for the implementation of the revised Action Plan. The motion was seconded by Council Member Tettemer.
The motion passed 4/0 with Council Member Cirbo absent.
16. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM – FISCAL YEAR 2022-2023 ANNUAL ACTION PLAN
Mayor Pequeño opened the public hearing. Assistant City Manager Neves introduced the item. Public comment was received by Madeline Hirneise and Andrew Niiro.
MOTION: Council Member Voigts made a motion to approve staff recommendation with no revisions to the proposed plan submitted by staff. Staff is to return to the City Council on May 3, 2022, for final review and adoption.
The motion was seconded by Council Member Tettemer. The motion passed 4/0 with Council Member Cirbo absent.
CITY MANAGERS REPORT:
Assistant City Manager Neves announced that this Saturday is the Bunny Blast event at 11:00 a.m. at El Toro Park.
CITY COUNCIL COMMENTS:
Council Member Moatazedi: Council Member Moatazedi received consensus to consider a resolution supporting May as Mental Health
Awareness Month. She also received consensus to
consider a resolution supporting Prop 20 Protecting
Victims of Violent Crimes.
Council Member Tettemer: Council Member Tettemer thanked staff for organizing the spring boutique.
Council Member Voigts: Council Member Voigts announced that this Saturday is Bunny Blast at 11:00 a.m. at El Toro Park. He
wished everyone wonderful easter season.
Mayor Pequeño: Mayor Pequeño announced that he has been filming for the State of the City. He expressed his appreciation to staff.
Item: 8
32 LAKE FOREST CITY COUNCIL MINUTES APRIL 5, 2022
Page No. 7
ADJOURNMENT: The regular meeting of the City Council was adjourned at 7:31 p.m.
Respectfully submitted: APPROVED:
__
LISA BERGLUND, MPA ROBERT PEQUEÑO
CITY CLERK MAYOR
Item: 8
33 CITY COUNCIL AGENDA REPORT
MEETING DATE: 04/19/2022
DEPARTMENT: Finance
SUBJECT:
MONTHLY TREASURER'S REPORT - MARCH 2022
RECOMMENDED ACTION(S):
Receive and file.
EXECUTIVE SUMMARY:
The Treasurer's Report for the month ended March 31, 2022 is attached. There are no exceptions to the Investment Policy. Total cash and investments equal $147.7 million for the period.
DISCUSSION:
The Treasurer’s Report for the month ended March 31, 2022 is attached. There are no exceptions to the Investment Policy.
Investment Portfolio
The City’s balances consist of the following:
Type Millions
Federal Home Loan Bank (FHLB) $ 2.0
Local Agency Investment Fund (LAIF) 74.9
California Asset Management Program (CAMP) 0.0
Orange County Investment Pool (OCIP) 41.3
Federated Government Obligations Fund 12.5
Operating Bank Balance-US Bank 17.0
Total Cash and Investments $ 147.7
The investment portfolio balance (excluding the operating bank balance) was unchanged during the last month. The balance in the investment portfolio was Item: 9
34 consistent with staff’s expectations based on the operating and capital improvement activities during the month.
There were no investment purchases or maturity during the month. The types of investments currently included in the portfolio are described below with any new information since the last report.
The Local Agency Investment Fund (“LAIF”), Orange County Investment Pool (“OCIP”), and California Asset Management Program (“CAMP”) are the City’s liquidity pools. Liquidity pools are the source of funding for weekly ongoing operating costs. Many cities use only LAIF, while Lake Forest has been more conservative in this respect. The US Bank balance reflected on the previous page is mostly transitory, as a function of holding deposits until the funds are invested and subsequently disbursed from LAIF/OCIP/CAMP for operations.
State law requires that these bank balances be collateralized at 110%. The Federated Government Obligations Fund Service Share Money Market Fund is also mostly transitory, as a function of holding matured investments and earnings until the City purchases new investments. This account is the custodial account for the City’s investment safekeeping institution, US Bank.
LAIF is a conservative investment pool managed by the State. The State cannot access these balances to fund its operational expenditures. Staff believes it is still prudent to maintain funds for liquidity in LAIF. LAIF earned .365% on the fund in March, which is slightly higher than the City’s earnings of .278% as of February 31, 2022.
Orange County Investment Pool (“OCIP”) allows local government agencies to voluntarily invest surplus cash to obtain competitive yields while maintaining safety and liquidity, thereby creating a multi-million-dollar County investment pool that enables investments in diversified instruments. OCIP earned approximately .462% on the fund as of March 31, 2022.
CAMP is a conservative short-term money market investment pool for a group of local agencies. CAMP earned approximately .25% on the fund as of March 31, 2022.
Cash with Fiscal Agent
During the month, cash with the fiscal agent was unchanged.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
Item: 9
35 ATTACHMENTS:
Monthly Treasurer's Report
Initiated By: Amy Lewis, Assistant Director of Finance
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Item: 9
36 ATTACHMENT
Item: 9
37 VALUE OF PORTFOLIO
This Month Last Month
Market Value $ 130,767,889 $ 130,758,607
Book Value $ 130,785,651 $ 130,773,389
This Month Last Month
Average Maturity (days) 2 3
Average Maturity to Call (days) 2 3
RETURN
This Month Last Month
Average Annual Return 0.386% 0.329%
Average Annual Return to Call 0.386% 0.329%
1. I hereby certify that the investments are in compliance with the investment policy approved by the City Council on December 21, 2021.
2. Although any investment is impacted by market conditions, the current investments are structured to reduce the impact of market conditions.
3. The market values for the investments are provided by the City's Custodian, US Bank.
Local Agency Investment Fund, California Asset Management Program and
4. The City has the ability to meet its budgeted expenditures for the next six months.
Kevin R. Shirah
Director of Finance / City Treasurer
CITY OF LAKE FOREST
MONTHLY INVESTMENT HIGHLIGHTS
March 31, 2022
Orange County Investment Pool market values are the withdrawal amount. 1 Item: 9
38 SUMMARY OF TRANSACTIONS
Investment Securities*
Activity
Dollar Volume
(Par Value)
Transaction
Count
Purchases $ - $ -
Maturities $ - 0
Called - Prior to Maturity $ - $ -
Sale - Prior to Maturity $ - $ -
* The Investment Securities activity is also included in the account summary below.
LAIF, CAMP, OCIP & Money Market Mutual Fund (MMMF)
Category Deposits Withdrawals
Local Agency Investment Fund $ - $ -
California Asset Management Program $ - $ -
Orange County Investment Pool $ 13,895 $ 1,838
Federated Government Obligations Fund Service Shares $ 203 $ - No exceptions.
EXCEPTIONS TO INVESTMENT POLICY
March 31, 2022
CITY OF LAKE FOREST
MONTHLY INVESTMENT HIGHLIGHTS/
March 31, 2022
EXCEPTIONS TO INVESTMENT POLICY
CITY OF LAKE FOREST
2 Item: 9
39 CITY OF LAKE FOREST
CASH AND INVESTMENTS
March 31, 2022
CASH & INVESTMENTS:
Type Market Value
Bank Accounts $ 16,969,143
Investments 2,006,220
Local Agency Investment Fund 74,945,978
California Asset Management Program 3,921
Orange County Investment Pool 41,283,610
Federated Government Obligations Fund Service Shares 12,528,159 Total $ 147,737,031
CASH WITH FISCAL AGENT:
Type Market Value
First American Treasury Obligatory Fund $ -
3 Item: 9
40 CITY OF LAKE FOREST
PORTFOLIO STRUCTURE
March 31, 2022
COMPARISON OF INVESTMENT PORTFOLIO BY TYPE:
Average
% or $ Average Maturity Allowed
Book % or $ Over Maturity to Call Maturity
Type of Instrument Value Portfolio Allowed Limit (in days) (in days) (in days) U.S. Treasury Bills 0.0% 100% 1825
U.S. Treasury Notes 0.0% 100% 1825
U.S. Treasury Bonds 0.0% 100% 1825
Federal Agencies $ 2,023,982 1.5% 100% 71 71 1825
Bankers' Acceptances 0.0% 20% 180
Certificates of Deposit (Non-Negotiable) 0.0% 30% 730
Commercial Paper 0.0% 25% 270
Local Agency Investment Fund 74,945,978 57.3% $75 MM N/A N/A N/A California Asset Management Program 3,921 0.0% 30% N/A N/A N/A Orange County Investment Pool 41,283,610 31.6% 100% N/A N/A N/A Federated Government Obligations Fund Service Shares 12,528,159 9.6% 10% N/A N/A N/A Totals $ 130,785,651 100.0%
CALLABLES AS PERCENTAGE OF BOOK VALUE:
Federal Agencies - Callable $ - 0.0% 100% 0 0 1825
4 Item: 9
41 INVESTMENT PORTFOLIO BY ISSUER:
Book % of % or $ Over
Issuer Name Value Portfolio Allowed Limit Quality
U.S. Treasury $ - 100% AAA+
Federal Home Loan Bank 2,023,982 1.5% 70% AAA
Federal National Mortgage Association 0 0.0% 70% AAA
Federal Home Loan Mortgage Corporation 0 0.0% 70% AAA
Federal Agricultural Mortgage Corporation 0 0.0% 70% AAA Federal Farm Credit Bank 0 0.0% 70% AAA
Local Agency Investment Fund 74,945,978 57.3% $75 MM N/R California Asset Management Program 3,921 0.0% 30% N/R
Orange County Investment Pool 41,283,610 31.6% 100% N/R Federated Government Obligations Fund Service Shares 12,528,159 9.6% 10% AAA Totals $ 130,785,651 100.0%
DISTRIBUTION BY SELLING INSTITUTION:
% of
Name of Institution Book Value Total
Raymond James & Associates, Inc. $ - 0.0%
Multi-Bank Securities, Inc. 0 0.0%
Wedbush Morgan 2,023,982 1.5%
Local Agency Investment Fund 74,945,978 57.3%
California Asset Management Program 3,921 0.0%
Orange County Investment Pool 41,283,610 31.6%
Federated Government Obligations Fund Service Shares 12,528,159 9.6% Totals $ 130,785,651 100.0%
CITY OF LAKE FOREST
DISTRIBUTION BY SELLING INSTITUTION
March 31, 2022
PORTFOLIO STRUCTURE
5 Item: 9
42 CITY OF LAKE FOREST
PORTFOLIO DETAILS SORTED BY MATURITY DATES 1
March 31, 2022
Market Par Book Coupon Yield to Purchase Maturity
Type of Instrument Issuer 2 Seller 3 Value 4 Value Value Rate Maturity Date Date Federal Agency FHLB Wedbush 2,006,220 2,000,000 2,023,982 2.125% 1.870% 6/29/17 6/10/22 LAIF 5 N/A N/A 74,945,978 74,945,978 74,945,978 N/A N/A N/A N/A CAMP 6 N/A N/A 3,921 3,921 3,921 N/A N/A N/A N/A
OCIP 7 N/A N/A 41,283,610 41,283,610 41,283,610 N/A N/A N/A N/A Money Market Fund 8 N/A N/A 12,528,159 12,528,159 12,528,159 N/A N/A N/A N/A Totals $ 130,767,889 $ 130,761,669 $130,785,651
1 All investments are held in safekeeping by US Bank.
2 FHLB = Federal Home Loan Bank
3 Wedbush = Wedbush Securities
4 Market values are obtained monthly from US Bank.
5 Local Agency Investment Fund
6 California Asset Management Program
7 Orange County Investment Pool
8 Federated Government Obligations Money Market Fund
6 Item: 9
43 CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/19/2022
DEPARTMENT: Public Works
SUBJECT:
REJECT ALL BIDS AND AUTHORIZE RE-BIDDING FOR NEIGHBORHOOD PARK RENOVATIONS: BORREGO OVERLOOK PARK, REGENCY PARK AND RANCHO SERRANO PARK (PW2017-17E)
RECOMMENDED ACTION(S):
1. Reject all bids received for the Neighborhood Park Renovations: Borrego Overlook Park, Regency Park and Rancho Serrano Park (PW2017-17E).
2. Authorize staff to solicit new bids for this project.
EXECUTIVE SUMMARY:
This project would renovate Borrego Overlook, Regency, and Rancho Serrano Park’ as part of the Neighborhood Park Renovation program. In a memo dated August 2, 2021, the City Manager authorized staff to solicit bids for construction.
On March 16, 2022, the City received bids from seven (7) firms, ranging from $905,540.81 to $1,371,205.68. Upon review of the low bid, staff found several irregularities with the itemized bid amounts and received a bid protest from one bidder regarding the low bidder’s bid. Staff recommends that the City Council reject all bids received and direct staff to revise the bid documents for re-bidding the project. There is no fiscal impact associated with the recommended actions.
BACKGROUND:
In July 2018, the City Council approved the conceptual designs and authorized RJM Design Group (“RJM”), the City’s Park Design Consultant, to prepare final designs and construction documents for the ten (10) City Neighborhood Parks Renovation Project. The list of parks and their current status are detailed in Table 1 below:
Item: 10
44 Table 1: Neighborhood Park Renovation Project Status Previously
Completed
Recently Completed Out for Bid
Cherry Park Darrin Park Borrego Overlook Park
Peachwood Park Montbury Park Rancho Serrano Park
Pebble Creek Park Regency Park
Sundowner Park
Vintage Park
In August 2019, the City Council approved the 2017-2019 Capital Improvements Project Budget Amendment to advance construction funding for Peachwood Park. The City Council also approved the 2019-2021 Capital Improvement Plan, which allocated $3,150,000 in Fiscal Year (“FY”) 2019-20 and $3,500,000 in FY 2020-21. Cherry, Darrin, Montbury, and Pebble Creek Parks were selected to be renovated in FY 2019-20, while the remaining parks were scheduled to be renovated in FY 2020-21. All four parks were temporarily delayed in 2020 due to COVID-19. Subsequently, the City Council awarded the Cherry Park project in July 2020, which was completed in February 2021. Darrin, Montbury, and Pebble Creek Parks were awarded for construction in February 2021 and completed in February 2022.
This project would renovate Borrego Overlook, Regency and Rancho Serrano Parks. In general, the improvements at Borrego Park consist of grading, landscaping, irrigation, site furnishings, redesigned play area with resilient surfacing, new playground equipment, and shade structure improvements. At Regency Park, a concrete pathway would be installed around the turf area with benches at various locations. At Rancho Serrano Park, the improvements consist of removal and replacement of various park amenities. Approved concept designs for Borrego Overlook, Regency, and Rancho Serrano Parks are attached (Attachment). Staff issued four addenda responding to bidder questions and clarifying items within the project plans and specifications.
DISCUSSION:
On March 16, 2022, the City received bids from seven (7) firms with bids ranging from $905,540.81 to $1,371,205.68. After reviewing the bids, staff found several irregularities with the itemized unit bid amounts. In addition, the City received a bid protest from one bidder regarding the low bidder.
The City Council has the right to take all bids under advisement for a period of ninety (90) calendar days, as well as reject all bids received at its sole discretion.
The public contracting code requires the City to award a contract to the lowest Item: 10
45 “responsive and responsible” bidder. If the City were to find the bids with errors as non-responsive, the City could then award the project to the next low bidder.
This determination is based on staff’s experience and further consultation with the City Attorney’s Office. Therefore, staff recommends the City Council reject all bids and authorize staff to solicit new bids for this project. Re-advertisement allows staff to review and revise the project bid documents to address items brought up during the bidding and in the bid protest.
Based on the City Council’s direction, staff would re-advertise the project and plan to open bids in May 2022. Subject to the review of the new bids, staff would bring a proposed contract to the City Council for final construction in June 2022.
FISCAL IMPACT:
There is no fiscal impact associated with rejecting all bids received for this project and authorizing staff to solicit new bids.
ATTACHMENTS:
Neighborhood Park Concept Plans – Borrego Overlook, Regency and Rancho Serrano
Initiated By: Douglas Erdman, Engineering Services Mngr - Asst. City Eng.
Submitted By: Thomas Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 10
46 Attachment
Item: 10
47 Borrego Overlook Park
Neighborhood Park Improvement Plan —
Master Plan Improvements
New Play Equipment
with Rubber Surfacing
New Picnic Tables
under Shade Structure
Renovate Shade
Structure Columns
Replace Existing
Site Furnishings
Tier 1 Improvements
Item: 10
48 Regency Park
Neighborhood Park Improvement Plan —
Master Plan Improvements
Concrete Loop Walkway
with Seating Areas Tier 1 Improvements
Item: 10
49 Rancho Serrano Park
Neighborhood Park Improvement Plan —
Master Plan Improvements
Tier 1 Improvements
• Park Light Replacement
• Replacement of Existing
Site Furnishings
Item: 10
50 CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/19/2022
DEPARTMENT: Public Works
SUBJECT:
FOURTH AMENDMENT TO THE AGREEMENT WITH ECONOMICS, INC. FOR
SOLID WASTE AND RECYCLING CONSULTING SERVICES
RECOMMENDED ACTION(S):
1. Approve the Fourth Amendment to the Agreement with EcoNomics, Inc. for solid waste and recycling consulting services.
2. Authorize the Mayor to sign, and the City Clerk to attest, the Fourth Amendment, substantially in the form attached.
EXECUTIVE SUMMARY:
On August 1, 2017, the City entered into a Professional Services Agreement (“Agreement”) with EcoNomics, Inc. (Attachment 1). Per the Agreement, EcoNomics, Inc. (“EcoNomics”) provides consulting services related to solid waste and recycling services. The term of the Agreement is set to expire on August 31, 2022.
There are two years remaining on the Solid Waste Franchise Agreement (“Franchise Agreement”) with CR&R. EcoNomics offered to extend their Agreement for an additional two years to provide consulting services for the remaining time on the current Franchise Agreement with no increase in rates.
The proposed Fourth Amendment to the Agreement would extend the term of the Agreement with EcoNomics to August 31, 2024 and increase the compensation amount by $142,000. If approved, the Fourth Amendment would result in a total compensation amount of $443,000. There are sufficient funds in the Fiscal Year 2022-23 Operating Budget to cover the cost of services that would be provided by EcoNomics.
BACKGROUND:
On August 1, 2017, the City entered into the Agreement with EcoNomics for professional solid waste and recycling consulting services in the amount of $130,000 (Attachment 1). The term of the Agreement was September 1, 2017, Item: 11
51 to August 31, 2020. The Agreement included two (2) additional one-year extensions subject to the discretion of the City Council. On January 21, 2020, the City Council approved the First Amendment to the Agreement (Attachment 2) to increase the compensation amount by $30,000 for unanticipated expenditures related to extraordinary solid waste and recycling issues. The First Amendment resulted in a total compensation amount of $160,000. On July 21, 2020, the City Council approved the Second Amendment (Attachment 3) to the EcoNomics Agreement to increase the compensation amount by $70,000 and extend the term of the Agreement by one year to August 31, 2021, thereby exercising the first of the two optional one-year extensions described in the Agreement. On July 22, 2021, the City Council approved the Third Amendment (Attachment 4) to extend the Agreement for the second one-year extension with a total compensation amount of $301,000. The Agreement expires on August 31, 2022.
The scope of work for solid waste and recycling consulting services includes professional on-call assistance to monitor CR&R’s compliance with their Franchise Agreement with the City. Additionally, the consultant provides recommendations regarding the City’s efforts in meeting waste diversion mandates imposed by the State of California. The City receives an annual Assembly Bill (“AB”) 939 Waste Reduction Fee payment from CR&R as required by the Franchise Agreement to fund associated consulting services. This fee payment is approximately $46,000 per year. The City also receives franchise fee revenue on annual basis from CR&R. A franchise fee of 5% is applied to all revenue collected by CR&R and remitted to the City, generating approximately $550,000 per year. Franchise fee revenue helps the City offset the impacts resulting from CR&R’s solid waste service and funds the City’s required regulatory compliance initiatives.
On February 1, 2022, the City entered into a separate professional services agreement with EcoNomics specifically related to the procurement of a new solid waste franchise agreement, effective July 1, 2024. The proposed Fourth Amendment is for the Agreement with EcoNomics that has been in place since 2012. The scope of work of each agreement with EcoNomics is distinct and managed separately.
DISCUSSION:
In 2012, the City Council awarded the Agreement to EcoNomics Inc. for the procurement of a solid waste franchise agreement. EcoNomics prepared the Franchise Agreement and has assisted the City in its management of the Franchise stipulations since its award to CR&R in 2014.
Item: 11
52 Over the past five years, EcoNomics provided consulting services on several important issues in addition to the baseline scope of work described in their Agreement with the City, including:
Construction and Demolition (“C&D”) Ordinance development and implementation
Proposition 218 hearings for solid waste rate adjustments Coordinated response to new regulations restricting diversion credit for Alternative Daily Cover disposal with CR&R
Negotiations with CR&R to add Senate Bill (“SB 1383”) scope of work to Franchise Agreement
Planning for and assisting with the implementation of all elements of SB 1383 (food waste diversion) work effort
The current Agreement with EcoNomics expires on August 31, 2022. There are two years remaining on the Franchise Agreement with CR&R, which expires on June 30, 2024. EcoNomics has offered to extend their Agreement with the City for an additional two years with no increase in rates. An extension of the agreement would provide continuity in management of the Franchise Agreement over the remaining two years. In addition to cost savings, given its comprehensive knowledge of the Franchise Agreement, staff believes EcoNomics is best poised to assist the City in addressing the demands of the ever-changing environment of the solid waste industry and legislation over the remaining two years of the Franchise Agreement.
The proposed Fourth Amendment to the Agreement with EcoNomics would extend the term to August 31, 2024 (Attachment 5). The Fourth Amendment would also increase the compensation in the Agreement by $142,000 over the two-year period for a total compensation amount of $443,000.
Pursuant to the City’s Purchasing and Contract Guidelines, staff completes a vendor performance assessment either on an annual basis or during a proposed contract amendment. The vendor performance is used as a guide to determine whether a contract should be amended, renewed, or terminated based on performance in the following categories: performance of scope of services; timeliness; budget performance; and customer service. Utilizing a detailed evaluation form, staff rates the consultant on a one-to-five scale for specific questions contained in each category. The following table provides an overall summary of EcoNomics’ performance during the respective evaluation period of September 1, 2017 through March 31, 2022.
Item: 11
53 Table 1: EcoNomics Performance Review
EcoNomics, Inc. – Performance Review
September 1, 2017, through March 31, 2022
Staff recommends that the City Council approve and authorize the Mayor to sign, and the City Clerk to attest, the proposed Fourth Amendment to the EcoNomics Agreement. Consistent with the City’s Purchasing and Contract Guidelines, the Finance Department prepared the Fourth Amendment and the City Attorney’s Office reviewed and approved it as to form.
FISCAL IMPACT:
The proposed Fourth Amendment to the Agreement with EcoNomics would add $142,000 in compensation, which would result in a total compensation amount of $443,000. Also, the Fourth Amendment would extend the term of the Agreement to August 31, 2024. Sufficient funding is available in the FY 2022-23 Public Works Operating Budget to cover the costs of services that would be provided under the Fourth Amendment.
ATTACHMENTS:
1. Agreement with EcoNomics, Inc.
2. First Amendment to Agreement with EcoNomics, Inc.
3. Second Amendment to Agreement with EcoNomics, Inc.
4. Third Amendment to Agreement with EcoNomics, Inc.
5. Fourth Amendment to Agreement with EcoNomics, Inc.
Initiated By: Christine Groves, Senior Management Analyst Submitted By: Thomas Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Category Unsatisfied – Very Satisfied
Performance of Scope of
Services ☐ Unsatisfied ☐ Satisfied ☒ Very Satisfied
Timeliness ☐ Unsatisfied ☐ Satisfied ☒ Very Satisfied
Budget Performance ☐ Unsatisfied ☐ Satisfied ☒ Very Satisfied Customer Service ☐ Unsatisfied ☐ Satisfied ☒ Very Satisfied Item: 11
54 Attachment 1
Item: 11
55 Item: 11
56 Item: 11
57 Item: 11
58 Item: 11
59 Item: 11
60 Item: 11
61 Item: 11
62 Item: 11
63 Item: 11
64 Item: 11
65 Item: 11
66 Item: 11
67 Item: 11
68 Item: 11
69 Item: 11
70 Item: 11
71 Item: 11
72 Item: 11
73 Item: 11
74 Item: 11
75 Attachment 2
Item: 11
76 Item: 11
77 Item: 11
78 Item: 11
79 Attachment 3
Item: 11
80 Item: 11
81 Item: 11
82 Item: 11
83 Item: 11
84 Attachment 4
Item: 11
85 Item: 11
86 Item: 11
87 Item: 11
88 Attachment 5
Item: 11
89 Item: 11
90 Item: 11
91 Item: 11
92 CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/19/2022
DEPARTMENT: Public Works
SUBJECT:
CONTRACT AWARD FOR DESIGN FOR THE ADA ACCESS RAMP
IMPROVEMENT PROJECT, PHASES 13 THROUGH 17
RECOMMENDED ACTION(S):
1. Award an Agreement for Design Services in the amount of $318,155.00 to Onward Engineering, for professional engineering design services for the ADA Access Ramp improvement project, Phases 13 through 17.
2. Authorize the Mayor to sign, and the City Clerk to attest the Agreement with Onward Engineering, substantially in the form attached.
EXECUTIVE SUMMARY:
With City Council approval, the proposed Agreement for Design Services (“Agreement”) with Onward Engineering would result in a survey and redesign of 112 existing access ramps in various neighborhoods around the City over the next 5 years with a compensation amount of $318,155. The engineering design and construction of the ramps would be funded with the City’s Community Development Block Grant (“CDBG”) funds. Phase 13 for Fiscal Year (“FY”) 2021- 22 is included as part of the 2021-2028 Capital Improvement Projects Plan (“CIP Plan”) Budget. Future Phases 14 through 17 are dependent on future CDBG allocations and staff would issue a design task order for each future phase of work after the City receives notification by the Federal Department of Housing and Urban Development (“HUD”) of the next CDBG budget allocation and approves the proposed CDBG grant projects. As such, a budget appropriation and sufficient funds for the recommended actions exist in the City’s CDBG allocation and were included in the 2021-2028 Capital Improvements Project Plan Construction of the ramps would comply with the State of California Building Code Title 24 (“Building Code”) and the Americans with Disabilities Act (“ADA”) The City Manager approved the Request for Proposals (“RFP”) for design services on November 3, 2021. The City received proposals from seven design firms. After reviewing the proposals and interviewing the qualified firms, staff recommends Item: 12
93 Onward Engineering (“Onward”) for the design of the ADA Access Ramp Improvement Project, Phases 13 through 17. .
BACKGROUND:
On November 3, 2021, the City Manager approved the issuance of a RFP for professional engineering consultant services for the next five phases of the ADA Access Ramp Improvement Project. The scope of work includes surveying and documenting the conditions of existing access ramps at various locations for Phase 13, in addition to allowing for the potential future design of Phases 14 through 17 after the City completes the CDBG budget process in future years.
Staff anticipates bringing a contract addendum to the City Council for work related to future phases once the budget and number of proposed ramps for that phase is determined. In addition, the RFP calls for performing utility coordination, preparing construction plans and bid specifications, and providing engineering support during the construction phase of the project.
DISCUSSION:
The proposed contract includes surveying, documenting the conditions of existing access ramps at various locations, and preparing a design to bring the ramps into conformance with the Building Code and ADA requirements. Seven firms responded to the RFP by submitting proposals. The proposals were subsequently reviewed by a City Manager-approved Selection Committee comprised of staff from the Public Works and Finance Departments:
Public Works
• Traffic Engineering Manager
• Assistant City Engineer/Engineering Services Manager
Finance
• Director of Finance
The seven proposing firms were:
• AYCE
• Cannon
• CSG
• Dewberry
• DMC
• NV5
Item: 12
94 • Onward Engineering
The selection committee scored technical proposals based on criteria described in the RFP related to the following criteria:
Experience and expertise with:
- designing access ramps based on varying site conditions - surveying existing access ramps
- accessibility standards
Quality of experience and expertise of team members
and subconsultants
Allocation of resources to match City’s needs
Ability to maintain project schedule
The three top scoring firms in the written proposal phase were selected for interviews. Staff invited these firms to an interview to discuss their respective approach to the project and to introduce team members.
The results are summarized below:
Table 1: Proposal and Interview Scores
Technical
Review
Qualifications
Interview
Rater Rater
Interview
Subtotal
Proposal
Price
1 2 3
Technical
Review
Subtotal
1 2 3
Pricing
(points
x3) Total
AYCE 46 42 45 133 79 65 75 219 $598,169 60 412
Cannon 38 37 38 113 Not Interviewed - - - -
CSG 34 39 41 114 Not Interviewed - - - -
Dewberry 38 33 40 111 Not Interviewed - - - -
DMC 34 38 34 106 Not Interviewed - - - -
NV5 41 45 43 129 86 74 86 246 $304,360 120 495
Onward 48 46 45 139 87 92 96 275 $318,155 114 528
As the table above indicates, the technical proposal submitted by Onward scored the highest average point total. During the interview process, Onward effectively demonstrated their extensive experience in the design of ADA-related projects of similar scope to the project the City is proposing. At the conclusion of the interview process and price scoring, Onward earned the highest number of combined points for a total score of 528 points.
Staff also determined that the number of consultant hours allocated to this project would be sufficient to fully address the scope of work and complete the project deliverables. Consequently, staff deemed the fee proposal submitted by Onward Item: 12
95 to be reasonable based upon fee proposals received by other firms and based on costs the City has paid for similar services.
As required by the City’s Purchasing and Contracting Guidelines, staff also conducted a reference check of the firm. Onward’s references provided favorable reviews and attested to the firm’s expertise and responsiveness to project needs and expectations (Attachment 1). In addition, Onward provided similar services to the City for Phase 7, designing 36 access ramps in a prior phase of the ADA Ramp Improvement project. The City was satisfied with Onward’s performance during that phase of the project.
The proposed Agreement includes a compensation amount of $318,155 for all five phases of the ADA Access Ramp Improvements. The Agreement has a three-year term covering phases 13 through 15, with two optional one-year extensions covering Phases 16 and 17 (Attachment 2). Per the RFP, the attached scope of work is an exhibit to the Agreement and the consultant shall complete the tasks within six-months. Typically, the City keeps design consultants under contract through the construction and post-construction warranty periods of the project in the event any questions or issues arise. Grant funding for Phase 13 is budgeted for construction in the first year of the City’s Capital Improvement Projects Budget (FY 2021-22) and Phase 14 is identified for FY 2022-23. The CDBG application period for Phase 14 occurs in the spring of 2022. Staff identified ramp locations for Phases 13 and 14 and included these locations as part of the RFP. As CDBG funding is allocated on a yearly basis, staff estimate twenty-five ramps will be completed for each of the remaining phases, 15 through 17, based on anticipated funding. Onward’s cost proposal is based on the estimates for all five phases.
When funding is appropriated for a phase, staff would direct Onward to proceed with the design for that phase. The City Manager may approve extra work up to 10% of the compensation amount in the Agreement, or $31,815. The Finance Department prepared, and the City Attorney reviewed and approved the proposed Agreement as to form.
FISCAL IMPACT:
The 2021-2028 Capital Improvement Projects Plan includes $144,200 for Phase 13 of the project. As funding is allocated for future phases, staff would direct Onward to proceed with the design for each phase. Therefore, sufficient funds exist to cover the costs of the recommended actions.
ATTACHMENTS:
1. Onward Engineering Reference Check
2. Proposed Agreement for Design Services with Onward Engineering Item: 12
96 Initiated By: Douglas Erdman, Engineering Services Mgr./Asst. City Engineer Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 12
97 Attachment 1
Item: 12
98 Contact #1: Contact #2: Contact #3:
Agency: City of Long Beach City of Redondo Beach City of Rancho Cucamonga Contact Info: Keith Hoey, PE Lauren Sablan Romeo David
Phone: (562) 570-6586 (310) 318-0661 x2520 (909) 477-2740 x4070 Email: [email protected] [email protected] [email protected] Project:
Path of Travel Pedestrian Accessibility
Improvement Citywide Curb Ramp Improvements, Phase 3 FY18/19 ADA Unique Access Ramps
QUESTIONS RESPONSE RESPONSE RESPONSE
1. What were the services
performed? Curb ramp designs Onward designed the curb ramps for this project.
Due to Overlay Project, ADA Ramps are needed
to be upgrade to the current ADA requirements,
Onward Designed Full ADA Ramps at each
corners of the intersections
2. How would you rate the
quality of work? 4 5 5
3. How well did they adhere to
budget? 5 5 5
4.Rate the day-to-day
communication with the firm. 5 5 5
5. Would you hire the firm
again? Yes Yes Yes
6. Do you have any additional
comments or information
regarding your experience with
the firm?
I recommend them, very cooperative They are very fast and meet the deadline to put the project out to bid on time.
Scale 1-5: 1= Very Poor 2 = Poor 3 = Fair 4 = Good 5 = Very Good DATE: 2/7/2022
DEPARTMENT OF PUBLIC WORKS
ADA Design Ph 13-17
REFERENCE CHECK Onward Engineering
Item: 12
99 Attachment 2
Item: 12
100
Item: 12
101
Item: 12
102
Item: 12
103
Item: 12
104
Item: 12
105
Item: 12
106
Item: 12
107
Item: 12
108
Item: 12
109
Item: 12
110
Item: 12
111
Item: 12
112
Item: 12
113
Item: 12
114
Item: 12
115
Item: 12
116
Item: 12
117
Item: 12
118
Item: 12
119
Item: 12
120
Item: 12
121
Item: 12
122
Item: 12
123
Item: 12
124
Item: 12
125
Item: 12
126
Item: 12
127
Item: 12
128
Item: 12
129
Item: 12
130
Item: 12
131
Item: 12
132
Item: 12
133
Item: 12
134
Item: 12
135
Item: 12
136
Item: 12
137
Item: 12
138
Item: 12
139
Item: 12
140
Item: 12
141
Item: 12
142
CITY COUNCIL AGENDA REPORT
MEETING DATE: 04/19/2022
DEPARTMENT: Public Works
SUBJECT:
AWARD CONSTRUCTION CONTRACT ARBOR ACCESS RAMP (PW 2019-17) RECOMMENDED ACTION(S):
1. Find that the proposed Arbor Access Ramp Project is not subject to the requirements of the California Environmental Quality Act (“CEQA”) for the following reason: The proposed project is exempt from CEQA under the commonsense exemption, which provides that an activity is not subject to CEQA where, as here, it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment (State CEQA Guidelines, § 15061, subd. (b)(3)).
2. Approve Contract Documents for Arbor Mini Access Ramp Project (PW 2019-17).
3. Award a Contract in the amount of $234,833.00 to Elegant Construction, Inc.
4. Authorize the Mayor to sign, and the City Clerk to attest the Contract with Elegant Construction, Inc.
EXECUTIVE SUMMARY:
On September 3, 2021, the City Manager authorized the advertisement of the Arbor Access Ramp project for construction. This project would construct an ADA access path from the plaza in the shopping center up to the park area at the northeast corner of Rockfield Boulevard and El Toro Road (Brü Grill side) as well as install water and sewer utility connection points for the parcel. On October 14, 2021, the City received bids from one (1) firm, Elegant Construction, Inc., for $234,833.00. The apparent low bidder is Elegant Construction, Inc. (“ECI”). The estimated total project cost to construct, inspect, provide construction support, and provide contingency is $298,312.30. Sufficient funds are included in the 2021-2028 Capital Improvement Projects Plan (“CIP Plan”) for the recommended actions. Staff recommends the City Council award the proposed contract to ECI, which includes a compensation amount of $234,833.00.
Item: 13
143
BACKGROUND:
At the September 1, 2020, City Council meeting, the City Council authorized an appropriation for the final design and construction of the Arbor Mini Parks project as part of the Mid-Cycle CIP Update and Budget Amendment. The project includes improvements to the City-maintained areas located at the northeast and northwest corners of El Toro Road and Rockfield Boulevard (“Arbors”). On January 5, 2021, the City Council awarded a full design contract to RJM to provide final design services for the Arbor Mini Park project, adding drought tolerant landscaping at the northwest corner of Rockfield Boulevard and El Toro Road (Home Depot side) as well as decorative fencing to the first phase of fencing to the northeast corner (Brü Grill side). On June 1, 2021, the City Council approved an amendment to RJM’s contract to provide a final design for an access ramp from the commercial center plaza up to the park area of the northeast corner, as well as install water and sewer connections for future improvements.
On August 17, 2021, the City Council awarded a construction contract to ECI for the Arbor Mini Parks in the amount of $324,743.00. That project renovated the mini park at the northwest corner of Rockfield Boulevard and El Toro Road (Home Depot side) and added the first phase of fencing to the northeast corner (Brü Grill side). This renovation removed the existing sidewalk areas and replaced them with drought-tolerant native California landscaping. In addition, decorative fencing was installed around the perimeter of the site and the streetfacing sides of the northeast corner. The project began September 20, 2021 and was substantially complete December 10, 2021.
The Arbor Mini Access Ramp Project (PW 2019-17) would construct an ADA accessible ramp from the parking/plaza area of the Orchard shopping center up into the Arbors park area (Brü Side) and install water and sewer utility connection points for the parcel.
DISCUSSION:
In a memorandum dated September 3, 2021, the City Manager authorized staff to solicit bids for construction of the improvements to the Arbor. On October 14, 2021, the City received bids from one (1) firm, for $234,833. The engineer’s estimate for this project is $295,364. Staff reviewed ECI’s bid package for completeness. The electronic bidding system (PlanetBids) the City utilizes eliminates mathematical errors in bids. Therefore, the submitted bid results are provided in Table 1 below:
Item: 13
144
Table1: Bids Received for Arbor Improvements
Contracting Firm PlanetBids Verified Base Bid Amounts
Elegant Construction, Inc. $234,833
After analysis of the bid received, staff determined that ECI was a responsive, responsible bidder for this project. Recently, ECI completed projects for the City of La Mirada, the City of Santa Ana, and Orange Coast College. ECI is also the contractor that completed the first phase renovations on both sides of the Arbors.
Staff conducted a reference check that indicated ECI is a responsible contractor (Attachment 2). The City’s construction management firm, Z&K Consultants affirmed that the proposed bid amount was reasonable and competitive.
The award of this project was delayed due to environmental and utility coordination issues. The environmental determination of the project was required due to the site being a former gas station. Water access and sewer routing for the site had to be coordinated with and approved by the El Toro Water District (“ETWD”). Since these two logistical requirements created brief delays in the project timeline, staff contacted ECI and asked if they would be willing to extend their bid beyond the 90-day period listed in the contract documents. ECI agreed to extend their bid to allow staff to address these issues.
Environmental Determination
This proposed project would construct an ADA access ramp and install water and sewer services to the site for the purpose of leasing the space to Brü Grill to provide outdoor dining for a ten-year period and will not bring about any permanent physical changes to the environment or any adverse environmental impacts. After extensive consultation with the City Attorney’s office, staff recommends the City Council determine that the proposed project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Therefore, the project agreement is not subject to CEQA.
Sewer Lateral Design and Approval by ETWD
This project initially included tying into an existing sewer lateral. After the bid opening, staff directed a contractor to confirm the location of the sewer lateral that the proposed project was designed to tie into. After digging approximately twenty feet deep along Rockfield Boulevard, the contractor was unable to locate the lateral, only finding broken pieces of pipe. After preliminary discussions with ECI, staff determined the proposed amount to extend the sewer lateral to a new location (approximately $117,000) was too costly to include in this contract.
Therefore, staff proposes to delete the bid item related to the originally planned sewer work in the current project via change order and bid out the more extensive sewer lateral installation separately.
Item: 13
145
The Finance Department prepared the construction contract, which ECI subsequently signed (Attachment 3). The City Attorney reviewed and approved the contract as to form. The contract bid amount as determined by the estimated quantities is $234,833. Per Lake Forest Municipal Code Section 3.13.085, the City Manager may approve additional work not-to-exceed 10% of the final contract amount (i.e., $23,483.30). Due to their size, the contract plans and specifications are not attached to the agenda. However, the contract plans and specifications are available for review upon request in the Office of the City Clerk.
Staff has attached the approved signed title sheet for the project (Attachment 4).
FISCAL IMPACT:
Approving the recommended action would award a contract to ECI with a compensation amount of $234,833. The total estimated project cost, including construction, inspection, construction support, and contingency is $298,312.30.
Sufficient funds are included in the 2021-2028 CIP Plan for the recommended actions.
ATTACHMENTS:
1. Project Location Map
2. Contractor’s Reference Check
3. Contract with Elegant Construction, Inc.
4. Signed Title Sheet
Initiated By: Douglas Erdman, Engineering Services Mgr./Asst. City Engineer Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 13
146
Attachment 1
Item: 13
147
PROJECT LOCATION MAP
Item: 13
148
Attachment 2
Item: 13
149
City of Lake Forest
Public Works Department
Reference Check
Apparent Low Bidder: Contact #1: Contact #2: Contact #3:
Elegant Construction Inc. City of La Mirada City of Santa Ana Orange Coast College Name: Sam Jafaklou Robert Aguirre James Farrow
QUESTION RESPONSE RESPONSE RESPONSE
1. Title and type of project City of La Mirada Gymnasium City of Santa Ana, Fire Station #77 Site Improvements Site Work Improvements
2. Contract Amount $150,000 $77,000 $42,800
3. Approximate duration 9 months 1 month 120 days
4. Actual or estimated project completion date November 2020 October 2020 Sep-215. Quality of the work 4 5 5
6. Contractor’s communication with agency representatives? 4 5 57. Claims or stop notices None None None
8. Non-agency change order requests? None None None
9. Agency’s desire to have contractor bid on future projects Yes Yes Yes10. Additional Comments Good company to work with None None Scale 1-5: 1= Very Poor 2 = Poor 3 = Fair 4 = Good 5 = Very Good Arbor Ramp Project (Northeast Side)
Item: 13
150
Attachment 3
Item: 13
151
Item: 13
152
Item: 13
153
Item: 13
154
Item: 13
155
Attachment 4
Item: 13
156
Item: 13
157
CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/19/2022
DEPARTMENT: Public Works
SUBJECT:
FIFTH AMENDMENT TO THE AGREEMENT WITH NIEVES LANDSCAPE, INC., FOR MEDIANS, PARKWAYS AND SLOPES LANDSCAPE
MAINTENANCE SERVICES
RECOMMENDED ACTION(S):
1. Approve the Fifth Amendment to the Agreement for Medians, Parkways and Slopes Landscape Maintenance Services with Nieves Landscape, Inc.
2. Authorize the Mayor to sign, and the City Clerk to attest, the Fifth Amendment substantially in the form attached.
EXECUTIVE SUMMARY:
Nieves Landscape Inc, (“Nieves”) is the City’s current landscape contractor for City-owned Medians, Parkways, and Slopes (“MPS”), which includes 159 locations across the City. The current three-year agreement for MPS (“MPS Agreement”) was approved by the City on June 20, 2017 in the amount of $1,158,876.12 and included two optional one-year extensions (Attachment 1).
The City Council has approved both of the one-year extensions described in the original MPS Agreement and adjusted the compensation level through a series of amendments beginning in 2018 (Attachments 2-5). The COVID-19 pandemic, prevailing wage increases, and high inflation rates are factors that will likely result in significant cost increases when re-bidding long-term maintenance contracts.
Nieves has agreed to not raise unit prices if granted a one-year contract extension. Staff is proposing a one-year extension to the term of the MPS Agreement with Nieves with no upward price adjustments. The Audit Committee considered this approach and recommended extending contracts beyond the normal 5-year period provided the contractor does not raise unit pricing. The Audit Committee determined this approach as a way for the City to strategically mitigate the impacts of inflation after receiving a formal report from staff detailing the upward price pressures present in the City’s landscaping contracts.
The attached Fifth Amendment adds $1,205,836.08 in compensation for Fiscal Year 2022-23 for landscape maintenance and extends the MPS Agreement term for one year (Attachment 6). Staff recommends the City Council extend the MPS Item: 14
158
Agreement for one-year by exercising the City Council’s discretionary authority.
The attached proposed Fifth Amendment would extend the term of the MPS Agreement by one year with no increase in contractual unit prices. The Fifth Amendment also adds compensation for mulch procurement to comply with Senate Bill 1383 (“SB 1383”). The estimated allocations for mulch are intended to show a good faith effort and temporarily satisfy the SB 1383 mandates while municipalities continue to work with CalRecycle to develop more realistic organic procurement solutions. An estimated amount of $99,378 for specialized SB 1383- eligible mulch has been included within this Fifth Amendment. In addition, $6,000 for ordinary “consumer-grade” mulch is included in the amendment should SB 1383 requirements change in way that enables the City to procure and apply the typical amount of mulch associated with the MPS Agreement. The Fifth Amendment is an increase of $105,378 from the previous fiscal year.
BACKGROUND:
The City Council awarded the existing MPS Agreement to Nieves on June 20, 2017, after the completion of a competitive Request for Proposal (“RFP”) process. The three-year MPS Agreement included a compensation amount of $1,158,876.12 per year and included two optional one-year term extensions. The compensation amount in the initial MPS Agreement inadvertently omitted contract authority for the second and third years of service. Staff consequently brought the First Amendment for the City Council’s approval on May 15, 2018, to add $2,347,992.24 in compensation for the additional two years and add scope of work for Nieves to install landscaping appurtenant to the Neighborhood Tree and Sidewalk Replacement CIP project adjacent to Olivewood Elementary School. The Second Amendment utilized the first extension and extended the term to June 30, 2021 and added an additional $1,158,876.12 to the compensation with no increase in rates for a new not-to-exceed compensation amount of $4,665,744.48. The Third Amendment reduced the scope of the MPS Agreement by $49,025.36 as part of the City’s financial hardening in response to COVID-19 and necessary budget reductions. As a result of the Third Amendment, Nieves reduced certain budgeted areas in the MPS Agreement to ensure basic landscaping services continued despite the decrease in compensation. The Fourth Amendment extended the MPS Agreement by one year and added $1,100,458.08 of compensation for a not-to-exceed compensation amount of $5,717,177.20.
On December 7, 2021, the City Council amended the City’s Recycled Content Purchasing Policy to include recovered organics waste products to respond to the State mandates associated with SB 1383. SB 1383 requires the City to meet an annual recovered organic waste product procurement target based upon the City’s population. The City’s per-capita procurement target is 6,763 tons of the purchase of any combination of compost or SB 1383-eligible mulch.
Item: 14
159
DISCUSSION:
The current MPS Agreement with Nieves provides for the maintenance of all landscaped medians, parkways, and slopes within the City. The City maintains landscaping at 159 distinct locations within 15.3 acres of medians, 41.86 acres of slopes, and 11.12 acres of parkways. The scope of work performed under the MPS Agreement includes general monthly landscape maintenance, weed control, turf grass maintenance, limited tree pruning, pest and rodent control, fertilization, irrigation system maintenance and repairs, and maintenance of drainage facilities.
Nieves has offered to extend the MPS Agreement for an additional year with no increase in unit costs. To strategically mitigate the impact of inflation on the City’s budget, the Audit Committee has recommended extending contracts beyond the normal five-year period provided the contractor does not raise unit pricing. Staff anticipates substantial cost increases with bidding new maintenance contracts.
These cost pressures were detailed in the 1% Review Report provided the Audit Committee on December 6, 2021. The 1% Review Report examined the City’s historical bidding patterns and budget obligations related to landscaping. The report described the upward price pressures that have impacted each landscaping contract since the beginning of each contract term. These price pressures include increased prevailing wage rates, inflation, fuel prices, and employee shortages that drive up labor costs to retain productive workers. The proposed Fifth Amendment (Attachment 6) would extend the term of the MPS Agreement with no increase to contractual unit prices and would add $1,205,836.08 in total compensation.
The proposed Fifth Amendment also includes scope additions for mulch procurement per SB 1383 requirements. Based on the City’s population, CalRecycle, the State agency charged with administering SB 1383, set a procurement target of organic material (i.e. mulch and compost) for the City at 6,763 tons. In a typical year, the City utilizes approximately 2,500 tons of mulch in its parks and open space areas. The State mandated increase of mulch procurement has two significant impacts for the City. Based on the current cost of SB 1383-eligible mulch, the City would be required to expend nearly $800,000 to meet its target. Additionally, the City would have to find new areas in which to apply the additional 4,200 tons of mulch. CalRecycle has informally stated they will only monitor jurisdictions’ procurement in 2022 and will begin enforcement in 2023 should obligations not be met. Staff has explored alternative ways to achieve compliance with SB 1383’s organic procurement target. The City is limited in ways to distribute high volumes of material through special events and giveaways. The City is also limited on available landscape areas that can accept such high volumes of mulch. The League of California Cities is working to Item: 14
160
address the organic material procurement issues required by CalRecycle. It is co-sponsoring AB 1985, which is intended to help resolve some of the issues the new requirements have caused. Staff will continue to monitor this issue as well as potential legislation.
Staff recommends taking an incremental approach to organic procurement requirements by modestly increasing the amount of mulch to be used in each of the City’s four landscape agreements rather than trying to achieve the target goal immediately. Staff analyzed each of the four major landscaping agreements and proposes to add approximately $100,000 worth of mulch material to temporarily address SB 1383 to the MPS Agreement and the maintenance agreements for the Lake Forest Sports Park respectively. The two park maintenance agreements (City-Wide Sports Parks and Passive Parks) would each provide approximately $35,000 in their agreements for additional mulch procurement. These allocations are intended to show a good faith effort and temporarily satisfy the SB 1383 mandates while municipalities continue to work with CalRecycle to develop more realistic organic procurement solutions.
The proposed Fifth Amendment (Attachment 6) to the MPS Agreement with Nieves would extend the term to June 30, 2023, thereby exercising the City Council’s discretionary authority to extend the term for one year beyond the traditional five year term. The Fifth Amendment would maintain existing unit prices and increase compensation by $1,205,836.08 for a new not-to-exceed compensation amount of $6,923,014.00 as detailed in Table 1 below.
Table 1: MPS Agreement Extension Summary
Agreement Summary
Contract Value
(Annually)
Revised Total
Compensation
Amount
Original Agreement - $1,158,876.12 -
First Amendment
MPS
Services/CIP
Project
$2,347,992.24 $3,506,868.36
Second Amendment
First
Renewal/MPS
Services
$1,158,876.12 $4,665,744.48
Third Amendment Contract
Reduction ($49,025.36) $4,616,719.12
Fourth Amendment
Second
Renewal/MPS
Contract
$1,100,458.08 $5,717,177.20
Fifth Amendment
Third
Renewal/MPS
Contract
$1,205,836.08 $6,923,014.00
Item: 14
161
Staff’s assessment of Nieves’ performance throughout the term of the MPS Agreement is positive overall. Nieves provides the City with prompt and reliable maintenance in many of the City’s most challenging and varied landscape maintenance areas. The quality of their work is very satisfactory and they have demonstrated a willingness to provide the City with excellent service. Table 2 below provides an overall summary of the contractor’s performance since the initiation of the Fourth Amendment to the MPS Agreement.
Table 2: Nieves Performance Review
Nieves – Performance Review
March 25, 2021, through March 1, 2022
Category Unsatisfied – Very Satisfied
Performance of Scope of
services
☐Unsatisfied ☒Satisfied ☐Very Satisfied ☐N/A
Timeliness ☐Unsatisfied ☒Satisfied ☐Very Satisfied ☐N/A Budget Performance ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A Customer Service ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A Consistent with the City’s Purchasing and Contracting Guidelines (“Guidelines”), including vendor assessment, staff recommends approval of the Fifth Amendment to ensure that the City retains the ability to continue maintaining the City’s MPS areas. Consistent with the Guidelines, the Finance Department prepared the contract amendment and the City Attorney reviewed and approved it as to form.
FISCAL IMPACT:
The proposed Fifth Amendment would add an additional $1,205,836.08 in compensation to the MPS Agreement with Nieves for a new not-to-exceed compensation amount of $6,923,014.00. The Fifth Amendment would extend the term by one year to June 30, 2023. Staff will propose sufficient funding for the next fiscal year 2022-23 Operating Budget to cover the costs of the recommended action.
ATTACHMENTS:
1. Agreement for Maintenance Services - Nieves Landscape, Inc.
2. First Amendment to Agreement - Nieves Landscape, Inc.
3. Second Amendment to Agreement - Nieves Landscape, Inc.
4. Third Amendment to Agreement - Nieves Landscape, Inc.
5. Fourth Amendment to Agreement – Nieves Landscape, Inc.
Item: 14
162
6. Fifth Amendment to Agreement – Nieves Landscape, Inc.
Initiated By: Michael McConaha, Public Works Maintenance Manager Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 14
163
Attachment 1
Item: 14
164
CITY OF LAKE FOREST
AGREEMENT FOR MAINTENANCE SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this ~ 0 day of ~ , 2017, by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, located at 25550 Commercentre Drive, Suite 100, Lake Forest 92630 ("City'') and Nieves Landscape, Inc., a California corporation, with its principal place of business at 1629 E. Edinger Ave., Santa Ana, CA 92705 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain landscape maintenance services required by the City on the terms and conditions set forth in this Agreement and the Contract Documents. Contractor represents that it is experienced in providing landscape maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the Medians, Parkways & Slopes Landscape Maintenance project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the landscape maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2017 to June 30, 2020, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional oneyear terms.] Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Contractor.
3.2.1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this 55136.00200\29454846.1
{BB&K 2017)
-1-
Item: 14
165
Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates Thomas E. Wheeler, P.E., Director of Public Works/City Engineer, or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City's City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Contractor's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.5 Contractor's Representative. Contractor hereby designates Walter Sato, or his designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.
3.2.7 Standard of Care: Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the 55136.00200\29454846.1
{BB&K 2017)
-2-
Item: 14
166
same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Laws and Regulations. Contractor shall keep 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 Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.1 O .Labor
3.2.10.1 Prevailing Wages. 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. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to 55136.00200\29454846.1
(BB&K 2017)
-3-
Item: 14
167
execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall 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.
3.2.10.2 Registration. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code sections 1725.5 and 1771.1, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations ("DIR"). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.2.10.3 It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law.
3.2.11 Insurance. Contractor agrees to procure and maintain, at Contractor's expense all insurance specified in Exhibit "D" attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory 55136.00200\29454846.1
(BB&K2017)
-4-
Item: 14
168
evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13 Water Quality Management and Compliance.
3.2.13.1 Storm Water Management. Storm, surface, ground, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor shall keep itself and all subcontractors, staff, 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 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 (Water Code § 13000 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 agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
3.2.13.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor must comply with all applicable requirements of the Orange County Drainage Area Management Plan ("DAMP") and the City of Lake Forest Local Implementation Plan ("LIP"). Both documents contain 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 dry-weather urban runoff, stormwater runoff, and receiving water quality. Contractor shall be familiar the DAMP, and the LIP and shall comply with the requirements as specified therein.
A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/documents/damp/mapplan
A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/296/Local-lmplementation-Plan-LIP 55136.00200\29454846.1
{BB&K2017)
-5-
Item: 14
169
3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors 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 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.
3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, standards and ordinances listed in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 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 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 officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its 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, policies and standards described in Sections 3.2.13.2, 3.2.13.3 and 3.2.13.4 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE MILLION ONE HUNDRED FIFTY EIGHT THOUSAND EIGHT HUNDRED SEVENTY SIX DOLLARS AND TWELVE CENTS ($1,158,876.12) without written approval of City's City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor.
The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all nondisputed and approved charges thereon. If the City disputes any of Contractor's fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
55136.00200\29454846.1
(BB&K 2017)
Item: 14
170
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal as set forth in Exhibit "C."
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
55136.00200\29454846.1
(BB&K 2017)
Contractor: Nieves Landscape, Inc.
1629 E. Edinger Avenue
-7-
Item: 14
171
City:
Santa Ana, CA 92705
ATTN: Walter Sato, General Manager
City of Lake Forest
25550 Commercentre Drive, Suite 100
Lake Forest, CA 92630
ATTN: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.
3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
3.5. 7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, 55136.00200\29454846.1
(BB&K2017)
-8-
Item: 14
172
understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction: References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppal, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other considera55136.00200\29454846.1 (BB&K 2017)
.g.
Item: 14
173
tion contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
55136.00200\29454846.1
(BB&K2017}
-10-
Item: 14
174
CITY OF LAKE FOREST
By:
ATTEST:
By: ~ l!J_~
Stephanie D. Smith, MMC
City Clerk
APPROVED AS TO FORM:
By: Be~ ;Jv
City Attorney
55136.00200\29454846.1
(BB&K 2017)
-1 1-
By:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Se ta OR Treasurer EQUIRED]
Item: 14
175
EXHIBIT "A"
SCOPE OF MAINTENANCE SERVICES
1.0 STANDARDS OF WORK AND CONTRACTOR RESPONSIBILITY
1.01 Contractor shall provide the labor, materials, equipment, tools, services and special skills necessary for the provision of median, parkway, and slope landscape maintenance services, except as otherwise specified hereinafter. The premises shall be maintained to the highest of standards at no less than the frequencies set forth herein.
1.02 Upon commencement of work under this Contract, Contractor shall be fully equipped and staffed; thoroughly familiar with Contract requirements and prepared to provide all services required. Failure to provide full services from the first day of work under this contract may result in deductions from payment.
1.03 Contractor shall be responsible to correct any maintenance deficiencies, which may exist upon commencement of work under this Contract.
1.04 Contractor shall, during the term of this Contract, respond to all emergency calls within one hour of notification, and arrive onsite within two hours of notification, to the satisfaction of the Public Works Manager.
1.05 Contractor shall clearly identify and equip each vehicle used with decals on the exterior right and left front door panels, identifying the Contractor's name, address and phone number.
1.06 Contractor shall report to the Public Works Manager all observations of graffiti and other vandalism; illegal activities; transient camps; missing or damaged equipment or signs; hazards or potential hazards within said project areas.
1.07 The premises shall be maintained with a weed free, crisp, clean appearance and all work shall be performed in a professional, workmanlike manner using quality equipment and materials.
1.08 All repairs to damaged City property shall be completed within twenty-four (24) hours after damage is reported or noticed.
1 .09 All sidewalks adjacent to City-maintained parkways or slopes shall be swept or blown or cleaned daily, if necessary, to remove any glass or debris. In addition, all sidewalk areas shall be thoroughly cleaned every week on the day the area is maintained. If inclement weather is present (i.e.: rain) then once a week.
1.10 All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required.
1.11 At no time will Contractor be allowed to blow grass cuttings/debris into public streets or gutters without being swept or vacuumed clean. Debris generated from adjacent maintained landscape areas shall be the responsibility of the Contractor to remove, (i.e., sidewalks, streets, gutters).
55136.00200\29454846.1
(BB&K 2017)
Exhibit "A"-1
Item: 14
176
1.12 It shall be understood that the Contractor will be required to perform and complete the proposed landscape maintenance work in a thorough and professional manner, and to provide labor, tools, equipment, materials, and supplies necessary to complete all the work in a timely manner that will meet the City's requirements. Contractor may be required to perform the following landscape maintenance activities at various sites throughout the City:
• cleaning of city property including trash collection, removal of illegal dumps and illegal signs
• maintaining turf
• fertilization and cultivation
• ground cover
• shrubs, vines, and trees
• plant replacement
• backflow repairs and certification
• painting
• build and maintain retaining walls
• build and/or install landscape structures, sidewalks, curbs, gutters, V ditches, drainage facilities, and erosion control measures
• shaping, trimming, raising, and training of trees
• maintaining and repairing irrigation systems
• maintenance of drainage facilities
• control of all plant diseases
• providing weed and pest control
• sweeping
• other associated services required to maintain safe and attractive medians, parkways and slopes
1.13 All pruning and debris shall be cleaned up, removed, and disposed of off-site at the end of each workday. Contractor shall clean tire marks from the hardscape, sidewalks, parking lots, curbs, gutters, etc., before final payment is received. Cleanup work shall consist of restoring site to original condition after work has been performed.
1.14 The contractor shall perform a weekly maintenance inspection during daylight hours of all areas within the premises. Such inspection shall be both visual and operational. It shall include operation of all irrigation systems to check for proper condition and reliability. The contractor shall take immediate steps to correct any observed irregularities, and submit a written report regarding such circumstances to the City.
Failure to comply with the scope of work for Medians, Parkways, and Slopes to be maintained shall be $400 per incident per day.
2.00 2.01
MEDIANS, PARKWAYS, AND SLOPES TO BE MAINTAINED
The medians to be maintained under the provisions of this Contract, as directed by the Public Works Manager. These project areas are in 67 various locations throughout the City of Lake Forest. It is the responsibility of the contractor to confirm acreage. 55136.00200\29454846.1
(BB&K 2017)
Exhibit "A" -2
Item: 14
177
Controller Facility Type Number
1 21 Median
2 100 Median
3 112 Median
4 90 Median/ Slope
5 48 Median
6 48 Median
7 14 Median
8 30 Median
9 31 Median
10 32 Median
11 40 Median
12 105 Median
13 106 Median
14 129 Median
15 130 Median
55136.00200\29454846.1
(BB&K 2017)
Location of Facility Maintenance Type Acreage
Bake Pkwy
from Landscape 0.42
Jeronimo Rd to Toledo Wav
Bake Pkwy
from Landscape 0.17
Toledo Wav to Trabuco Rd
Dimension Dr
from Landscape 0.09
Lake Forest Dr to Linear Ln
El Toro Rd
from Landscape 0.65 Santa Margarita Pkwy to 2,415
ft. south
Jeronimo Rd
from Turf 0.4
Jeronimo Ln to Lake Forest Dr
Jeronimo Rd
from Landscape 0.2
Jeronimo Ln to Lake Forest Dr
Jeronimo Rd
from Landscape 0.35
Shadowfax Dr to Eldamar Ave
Lake Forest Dr
from Landscape 0.51
Rockfield Blvd to Muirlands Blvd
Lake Forest Dr
from Landscape 0.63
Muirlands Blvd to Overtake Dr
Lake Forest Dr
from Landscape 0.34
Jeronimo Rd to Toledo Way
Lake Forest Dr
from Landscape 0.65
Toledo Way to Serrano Rd
Lake Forest Dr
from Landscape 0.04
Old Trabuco Rd to Newvale Dr
Lake Forest Dr Landscape 0.03
El Toro Rd west of Muirlands Dr Landscape 0.01
El Toro Rd east of Muirlands Dr Landscape 0.01
Exhibit "A"-3
Item: 14
178
Controller Facility Type Number
16 115
17 107
18 108
19 109
20 110
21 111
22 34
23 26
24 26
25 25
26 25
27 13
55136.00200\29454846.1
{BB&K 2017)
Median
Median
Median
Median
Median
Median
Median
Median
Median
Median
Median
Median
Location of Facility Maintenance Type Acreage
Lake Forest Dr
from Landscape 1.51
241 TollRd to Dimension
Lake Forest Dr
from Landscape 0.02
Sterlino Dr to Femleaf Dr
Lake Forest Dr
from Landscape 0.04 Femleaf Dr to entrance of
Ridaecliff
Lake Forest Dr
from Landscape 0.03 entrance to Ridgecliff to Pittsford Dr
Lake Forest Dr
from Landscape 0.03 Pittsford Dr to Vintage Woods
Rd
Lake Forest Dr
from Landscape 0.06
Countrv Glenn to Autumn Glenn
Ridge Route Dr
from Turf 1.2
Gowdv Ave to Muirlands Blvd
Ridge Route Dr
from Turf 0.03 Muirlands Blvd to AT&SF
Railroad
Ridge Route Dr
from Landscape 0.17 Muirlands Blvd to AT&SF
Railroad
Ridge Route Dr
from Turf 0.12 (northwest side) Lake Forest I
Clubhouse to Overtake Dr
Ridge Route Dr
from Landscape 0.24 (northwest side) Lake Forest I
Clubhouse to Overtake Dr
Ridge Route Dr
from Turf 0.16
A T&SF Railroad to Jeronimo Rd
Exhibit "A" -4
Item: 14
179
Controller Facility Type Number
28 11
29 60-64
30 82
31 46
32 46
33 47
34 34
35 95
36 96,97
37 80
38 71
39 71
55136.00200\29454846.1
(BB&K 2017)
Median
Median
Median
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Location of Facility Maintenance Type Acreage
Ridge Route Dr
from Turf 0.14
Jeronimo to Costa Bella
Trabuco Rd
from Landscape 0.63
Lake Forest Dr to El Toro Rd
Trabuco Rd
from Turf 0.08
385 ft. north to Manalastas Dr
Between Toledo Way & Toledo
Ln Bake Pkwy to Clubhouse 11, Turf 0.16
Inside The Kevs
Between Toledo Way & Toledo
Ln
from Landscape 0.06
Bake Pkwy to Clubhouse 11,
inside The Kevs
Bake Pkwy (east side)
from Landscape 1.15
Jeronimo Rd to Toledo Wav
Ridge Route Dr
from Landscape 0.5
Rockfield Dr to Elrond
El Toro Rd (both sides)
from Landscape 2.8 Raton Rd northerly to 630 ft. east
of Railroad Overoass
El Toro Rd (south side)
from Landscape 0.6
Aliso Park Dr to Trabuco Rd
El Toro Rd and Aliso Park Dr
northerly
from Landscape 0.3 Aliso Park Dr 800 ft. and the
area between El Toro Rd and
bike trail
El Toro Rd (south side)
from Turf 3.4
Raintree Ln west on bike trail
El Toro Rd (south side)
from Landscape 0.4
Raintree Ln west on bike trail
Exhibit "A"-5
Item: 14
180
Controller Facility Type Number
40 89
41 89
42 66
43 77
44 77
45 76
46 76
47 79
48 79
49 92
50 92
55136.00200\29454846.1
(BB&K 2017)
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Location of Facility Maintenance Type Acreage
El Toro Rd (east side)
from Turf 0.89 Raintree Ln to 125 ft. west of
Desty Ln
El Toro Rd (east side)
from Landscape 0.33 Raintree Ln to 125 ft. west of
Destv Ln
Serrano Rd (east side) across Turf 0.3 from Wagar
El Toro Rd (south side)
1,300 ft. east of Summerwood Turf 0.3
easterly 400 ft.
El Toro Rd (south side)
1,300 ft. E. of Summerwood Landscape 2.1
easterly 400 ft.
El Toro Rd (south side)
from Turf 1.1 Summerwood Way east to
Norrnandale Dr
El Toro Rd (south side)
from Landscape 1.7 Summerwood Way east to
Norrnandale Dr
El Toro Rd (south side)
from Turf 0.65 Norrnandale Dr and Glen
Meadows Dr
El Toro Rd (south side)
from Landscape 0.55 Norrnandale Dr and Glen
Meadows Dr
El Toro Rd (south side)
from Turf 0.45 Glen Meadows Dr to Santa
Margarita Pkwy
El Toro Rd (south side)
from Landscape 0.24 Glen Meadows Dr to Santa
Margarita Pkwy
Exhibit "A" -6
Item: 14
181
Controller Facility Type Number
51 78
52 48
53 37
54 11
55 22
56 31
57 13
58 37
59 41
60 39
61 41
62 93
63 2
64 41
55136.00200\29454846.1
(BB&K 2017)
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Location of Facility Maintenance Type Acreage
Jeronimo Rd (west side)
from Landscape 0.37 200 ft. north of Heidi Ave to
Bake Pkwv then west 760 ft.
Jeronimo Rd (east side)
from Landscape 0.8
Bake Pkwvto Lake Forest Dr
Jeronimo Rd (east side)
from Landscape 0.1
Lake Forest Dr to Anthony Dr
Jeronimo Rd (east side) from Landscape 0.16 Ridae Route to Rivendell Rd Jeronimo Rd (east side) from Landscape 0.04 Cherrv Ave to Aliso Creek Lake Forest Dr (south side) from Landscape 1.92 Muirlands Blvd to Overtake Dr Lake Forest Dr (west side)
from Landscape 0.84
AT&SF Railroad to Jeronimo Rd
Lake Forest Dr (south side)
from Landscape 0.15
Jeronimo Rd to Toledo Way
Lake Forest Dr (north side)
from Landscape 0.45
Shadwale Ln to Serrano Rd
Lake Forest Dr (south side)
from Landscape 0.8
Toledo Way to Buffwood Way
Lake Forest Dr (south side)
from Landscape 1.5
Buffwood Way to Chinook
Lake Forest Dr (south side)
from Landscape 0.08
Chinook to 395 ft. east
Serrano Rd (west side)
to Landscape 0.64
Shasta Lake Rd
Serrano Rd (east side)
from Landscape 0.8
Lake Forest Dr to Mohawk Dr
Exhibit "A"-7
Item: 14
182
Controller Facility Type Number
65 6
66 35
67 45
68 44
69 75
70 44
71 31
72 33
73 54
74 55
75 56
76 57
77 57
55136.00200\29454846.1
(BB&K 2017)
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Location of Facility Maintenance Type Acreage
Serrano Rd (east side)
from Landscape 0.17
Shoshone Dr to Ridge Route Dr
Serrano Rd (north side)
from Landscape 0.2
Greenwood Ln to Silver Sour
Toledo Way
from Landscape 0.32
Clubhouse II to 800 ft. north
Toledo Way (east side)
from Landscape 0.46
Lake Forest Dr to Rimview
Toledo Way (west side)
from
Elkwood east to end of block Landscape 0.68
wall then Elkwood west to 50 ft.
(within fenced area)
Toledo Way (east side)
from
Timberland Way north to end of Landscape 0.1
block wall then Timberland Way
south to 400 ft.
Muirlands Blvd (east side)
from Landscape 1.9
Lake Forest Dr to Murin Isle Ln
Muirlands Blvd (west side)
from Landscape 0.11
Dvlan Ave to Ridqe Route Dr
Muirlands Blvd (east side)
from Landscape 0.53
Loumont Dr to Entrados Dr
Muirlands Blvd (east side)
from Landscape 0.16
Entrados Dr to La Vaca St
Muirlands Blvd (east side)
from Landscape 0.18
Entrados Dr to Cavanauah Rd
Muirlands Blvd (west side)
from Landscape 0.23
El Gato Wav to El Toro Rd
Muirlands Blvd (east side)
from Landscape 0.18
El Gato Wavto El Toro Rd
Exhibit "A"-8
Item: 14
183
Controller Facility Type Number
78 34
79 25
80 11
81 13
82 14
83 6
84 43
85 94
86 3
87 88
88 1
89 43
90 3
55136.00200\29454846.1
(BB&K 2017)
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Slope
Location of Facility Maintenance Type Acreage
Ridge Route Dr (south side)
from Landscape 0.5
Rockfield Blvd to El Rond
Ridge Route Dr (south side)
from Landscape 0.22
Coleford to Tunnel
Ridge Route Dr (south side)
from Landscape 0.01
Jeronimo to Costa Bella
Ridge Route Dr (north side)
from Landscape 0.94
AT&SF Railroad to Jeronimo Rd
Ridge Route Dr (south side)
from Landscape 0.14
A T&SF Railroad to Jeronimo Rd
Ridge Route Dr (north side)
from Landscape 0.1
Serrano Rd to Shoshone Dr
Ridge Route Dr (north side)
from Landscape 0.08
Shoshone Dr to Trabuco Rd
Ridge Route Dr (south side)
from Landscape 0.08
Serrano Rd to Chaparral St
Ridge Route Dr (south side)
from Landscape 0.23
Chaparral Ln to Trabuco Rd
Los Alisos (south side)
from Landscape 1.24
Muirlands to AT&SF Railroad
Trabuco Rd (east side)
from Landscape 0.5
northeast Comer ofTreeline
Trabuco Rd (west side)
from Landscape 0.67
Ridge Route Dr to north End
Trabuco Rd (west side)
from Landscape 0.44 Ridge Route Dr southerly 1,250
ft.
Exhibit "A"-9
Item: 14
184
Controller Facility Type Number
91 72
92 72
93 82
94 5
95 5
96 49
97 49
98 51
99 51
100 97
101 50
102 50
103 85
55136.00200\29454846.1
(BB&K 2017)
Slope
Slope
Slope
Pkwy
Pkwy
Pkwy
Pkwy
Pkwy
Pkwy
Pkwy
Pkwy
Pkwy
Pkwy
Location of Facility Maintenance Type Acreage
Trabuco Rd (east side)
from
Lake Forest Dr to Ridge Route, Turf 0.2
Lake Forest Dr (east side), Old
Trabuco Rd to Trabuco Rd
Trabuco Rd (east side)
from
Lake Forest Dr to Ridge Route, Landscape 1
Lake Forest Dr (east side), Old
Trabuco Rd to Trabuco Rd
Trabuco Rd (east side)
from Landscape 0.1 385 ft. north to 70 ft. south of
Manalastas
El Toro Rd (north side)
from Turf 0.25
Toledo Way to Serrano Rd
El Toro Rd (north side)
from Landscape 0.26
Toledo Way to Serrano Rd
El Toro Rd (south side)
from Turf 0.16
Toledo Wav to Serrano Rd
El Toro Rd (south side)
from Landscape 0.07
Toledo Way to Serrano Rd
Cherry Ave
from Turf 0.16
Princeton Way to Trabuco Rd
Cherry Ave
from Landscape 0.07
Princeton Way to Trabuco Rd
Trabuco Rd (east side)
from Turf 0.05 El Toro Rd to apartment
comolex entrance
El Toro Rd (south side)
from Turf 0.16
Trabuco to Serrano
El Toro Rd (south side)
from Landscape 0.07
Trabuco to Serrano
Creekside Dr (Both sides) from Landscape 0.18 El Toro Rd to Sunliaht Creek Exhibit "A"-10
Item: 14
185
Controller Facility Type Number
104 18 Pkwy
105 34 Pkwy
106 11 Pkwy
107 11 Pkwy
108 3 Pkwy
109 28 Pkwy
110 29 Pkwy
111 28 Pkwy
112 27 Pkwy
113 59 Pkwy
Unik)
Pkwy 114 59 Unik)
115 18 Pkwy
116 19 Pkwy
55136.00200\29454846.1
(BB&K 2017)
(4-
(4-
Location of Facility Maintenance Type Acreage
Ridge Route Dr (south side)
from Gowdy Ave to Rockfield Turf 0.5
Blvd
Ridge Route Dr (north side)
from Turf 0.4
Rockfield Blvd to Muirlands Blvd
Ridge Route Dr (south side)
from Landscape 0.07
Jeronimo Rd and Costa Bella Dr
Ridge Route Dr (north side)
from Landscape 0.09 75 ft. west of Costa Bella Dr to
75 ft. east of Costa Bella Dr
Chaparral Ln (east side)
from Landscape 0.01
Lantern Ln to Chestnut
Lake Forest Dr (south side)
from Landscape 0.15
Rockfield Blvd to Asoan St
Lake Forest Dr (south side)
from Landscape 1.06 Aspan St to Mountain View
apartments
Rockfield Blvd (east side)
from Landscape 0.15
Lake Forest Dr to Boeina Ln
Rockfield Blvd (east side)
from Turf 0.12
Boeina Ln to Ridae Route Dr
Rockfield Blvd (east side) from Turf 0.19 Ridae Route to Gondor Dr Rockfield Blvd (east side)
from Turf 0.21
Gondor Dr to Duaea Dr
Rockfield Blvd (west side)
from Turf 0.53 Ridge Route Dr to White Dove
St
Rockfield Blvd (west side)
from Turf 0.01
White Dove St to 250 ft. south
Exhibit "A"-11
Item: 14
186
Controller Facility Type Number
117 15
118 15
119 14
120 73
121 15
122 132
123 132
124 10
125 38
126 41
127 42
128 4
129 5
130 17
55136.00200\29454846.1
(BB&K 2017)
Pkwy
Pkwy
Pkwy
Pkwy
Pkwy
Pkwy
Pkwy
Pkwy
Pkwy
Pkwy
Pkwy
Pkwy
Pkwy
Pkwy
Location of Facility Maintenance Type Acreage
Los Aliso Blvd (north side)
from Landscape 0.07
Jeronimo Rd to 500 ft. easterly
Jeronimo Rd (east side)
from Landscape 0.07 Laurelwood St to Los Alisos
Blvd
Jeronimo Rd (west side)
from Landscape 0.47
Ridge Route Dr to Tunnel
Jeronimo Rd (east side)
from Landscape 0.5 Woodshadow Ln east to
Rollinawood Rd
Laurelwood St
from Landscape 0.02
north to End of Block Wall
El Toro Rd (south side)
from Turf 0.26
Destrv to Normandale
El Toro Rd (south side)
from Landscape 0.14
Destrv to Normandale
Jeronimo Rd (west side)
from Landscape 0.23
Lake Forest Dr to Eaale St
Toledo Way (west side)
from Landscape 0.2
Lake Forest to Eaale St
Serrano Rd (west side)
from Landscape 0.07
Lake Forest Dr to Davton Rd
Serrano Rd (east side)
from Landscape 0.1
Mohawk Dr to Shoshone Dr
Serrano Rd (west side)
from Landscape 0.01
School Boundary to Waaner St
Serrano Rd (west side)
from Landscape 0.02
Waaner to El Toro Rd
Cherry Ave (south side)
from Landscape 0.1
Esrose Court to Mina Court
Exhibit "A"-12
Item: 14
187
Controller Facility Type Number
131 16
132 113
133 90
134 90
135 118
136 8
137 4
138 74
139 136AB
140 136AB
141 13
A-32, B- 142 40, C-16
A-32, B- 143 40, C-16
144 A-24
55136.00200\29454846.1
(BB&K 2017)
Pkwy
Slope
Slope
Median
Median
Pkwy
Pkwy
Pkwy
Pkwy
Median
Slope
Median
Parkway
Median
Location of Facility Maintenance Type Acreage
Cheny Ave (south side)
from Landscape 0.1
Mina Court to 2nd Ave
Old Trabuco Rd (west side)
from Landscape 0.5
Lake Forest Dr to End
Santa Margarita Pkwy
from Landscape 5.2
El Toro Rd to Citv Limit
Santa Margarita Pkwy
from Landscape 0.3
El Toro Rd to Citv Limit
El Toro Rd
from Landscape 0.9
Portola to east End of Citv
Lake Forest Dr
from Landscape 0.4 Toledo to Serrano Rd (north
side)
Serrano Rd (east side) across Landscape 0.01 from Silver Spur Trabuco (east side)
from Turf 0.1 Cemetery to 1,000 ft. past
Rimview
The Arbors, El Toro
from Turf 0.11
1-5 to Muirlands Blvd
The Arbors, El Toro
from Landscape 2.22
1-5 to Muirlands Blvd
Lake Forest Drto Railroad Landscape 2 Grade Seoaration
Trabuco Rd
from Landscape 0.84
Lake Forest Dr to Bake Pkwv
Trabuco Rd
from Landscape 0.84
Lake Forest Dr to Bake Pkwv
Alton Pkwy
from Landscape 0.61
Towncenter Dr to Dimension
Exhibit "A"-13
Item: 14
188
Controller Facility Type Location of Facility Maintenance Type Acreage Number Z-12, B-12, Parkway/ Jeronimo Rd
145 from Landscape 0.72 C-12 median El Toro to Los Alisos Parkway/ Rockfield
146 A-40, B-40 from Landscape 0.61 median El Toro Rd to Los Alisos Rancho Pkwy
147 A-8 Median from Landscape 0.61
Lake Forest Dr to Portola Pkwy
148 A-24 Mitigation Alton Pkwy Mitigation Basin Mitigation 2 Basin 14 133 Median Alton Parkway Medians Landscape .67
9 15 134 Parkway Muirlands/Los Alisos-empty Landscape .17 0 Lot
15 135 Slope Pedroso open space Landscape .41
1 15 136 Parkway Normandale open space Landscape .23
2 15 137 Medians Saddleback Ranch Road Landscape .19
3 Medians
15 138 Slope Broken Bow open space Landscape .82
4 15 139 Slope Whispering Hills Park Site Landscape .18 5 15 140 Parkway Portola Parkway Medians (SR Landscape .33 6 241 - El Toro)
15 141 Parkway Mamie Thomas Parcel Landscape .32
7 15 142 Slope Jeronimo Road Slope Landscape .14
8 2.02 Contractor acknowledges personal inspection of the trees within the facilities, medians, roadsides, parks, and trail areas, and has evaluated the extent to which the physical condition thereof will affect the services to be provided. Contractor accepts the subject trees in their present physical condition, and agrees to make no demands upon City for any improvements or alterations thereof.
2.03 "The Arbor'' at El Toro Road -
Applies to "The Arbor" project located on El Toro Road between the 1-5 Freeway and Muirlands Boulevard consisting of median, parkway and quad area improvements. In addition to normal maintenance frequencies, and types of service described in these maintenance specifications 'The Arbor" area shall receive a higher than normal level of maintenance. Maintenance frequencies are increased as well as the types of maintenance functions provided.
2.03.01 Contractor shall provide one (1) full time employee in additional to the regular maintenance crew to provide maintenance at "The Arbor" 40-hours per week.
Employee shall have knowledge of basic irrigation principals; have good 55136.00200\29454846.1 Exhibit "A"-14
(BB&K 2017)
Item: 14
189
communication skills and an above average knowledge of landscape maintenance principals and techniques.
2.03.02 Trash and Debris Removal
• Animal feces or other materials detrimental to human health shall be removed or reported to the City daily.
• Cigarette butts shall be removed from all planters, walkways and any areas associated with 'The Arbor" area daily.
• Contractor shall arrange for all abandoned shopping carts to be removed from the site daily.
• All chewing gum, candy, spilled beverages and any other food related items will be removed from sidewalks, benches, handrails, utility enclosures and any and all other fixtures daily.
• Pressure wash all sidewalks and structures on a bi-weekly basis. • All stickers, advertisements, banners and any other type of advertisement shall be removed daily.
• All loose trash shall be removed daily.
• All trash cans shall be checked and emptied if necessary daily.
2.03.03 Vine Maintenance
• All vines located on or around arbor structures areas shall be trimmed to train the vines to grow on top and over arbor structures. • Vines shall be trimmed to prevent growth towards traffic and pedestrian access areas.
2.03.04 Decorative Accent Pottery
• All pottery bowls shall be kept clean of any trash, cigarette waste, food products and debris.
• Vines shall be allowed to grow to twenty four (24) inches above the ground
2.03.05 Lighting
• Any vandalized or inoperable light fixtures shall be reported to the City upon discovery.
2.03.06 Hardscape Maintenance
• All sidewalks shall be pressure washed as needed, but no less than once a month to ensure cleanliness. All wash water shall be diverted to the landscaped areas or vacuumed. Vacuumed wash water may be put back into the landscape area after vacuuming. No water shall enter the storm drain system at any time.
• Any irrigation water pooling on any sidewalk shall be removed by contractor. Water may be swept to landscaped area or vacuumed.
2.03.07 Signage
• Any traffic, informational or directional signs vandalized or damaged during traffic accidents shall be reported to the City immediately. • Any signage knocked completely down shall be removed and stored by contractor until it can be turned over to the City.
55136.00200\29454846.1 Exhibit "A"-15
(BB&K 2017)
Item: 14
190
2.04 1-5 Freeway Shoulder and Off/On Ramps -
The City has entered into a maintenance agreement with Caltrans to provide landscape maintenance and general litter control along the northbound 1-5 freeway shoulder and the off and on ramps at El Toro Road and Lake Forest Drive.
2.04.01 Contractor shall provide 2 laborers, 20-hours per week and attend annual Caltrans training in addition to the regular maintenance crew 40-hours per week to provide maintenance services in the above-mentioned areas.
2.04.02 Contractor shall collect trash along the freeway shoulder and off/on ramps on a daily basis. Contractor will also be required to collect and dispose of signs posted to fences.
2.04.03 Landscape Maintenance
• Contractor shall maintain shrubs in freeway sound wall planters according to the schedules and standards for shrub maintenance in these specifications.
• Contractor shall control weeds in the freeway sound wall planters and landscaped areas found throughout the off/on ramps according to the standards and schedules for weed control found in these specifications.
Failure to comply with the scope of work for Medians, Parkways, and Slopes to be maintained shall be $400 per incident per day.
3.00 3.01
3.02 3.03
TURF MOWING
Mowing operations shall be performed in a workmanlike manner that ensures a smooth surface appearance without scalping or allowing excessive cuttings to remain. Clippings need not be collected unless clippings are excessive and/or visible, or as directed by the City.
Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles located within the turf areas such as irrigation heads, irrigation valve boxes, quick couplers/boxes, electrical boxes or fixtures. Do not mow areas that are wet. Alternate mowing patterns whenever possible to prevent wheel ruts. If ruts are made, or damages incurred, Contractor will immediately schedule repairs at its expense.
Irrigation: A regular, deep watering program shall be accomplished to give the best results. The established turf should not be allowed to dry beyond 50% of the soil water holding capacity between watering. At a minimum, omit irrigation the night prior to turf mowing.
3.04 Turf shall be mowed with a mower appropriate to the particular turf type being mowed.
Equipment shall be properly maintained, clean, adjusted, and sharpened.
3.05 All mowing equipment shall be thoroughly washed following each mowing operation and prior to being transported to any other site.
3.06 Mow turf to the following heights or as directed by the City:
1) Bermuda - 1 inch - 3/4 inch year around.
55136.00200\29454846.1
(BB&K 2017)
Exhibit "A" -16
Item: 14
191
2) Cool season turf including bluegrass, perennial rye and fescues- • June through September - 3 inches
• September thorough May - 2 inches
3) Kikuyu - 3/4 inch year around.
3.07 Mowing operations shall be scheduled Monday through Friday. Work shall be performed on the same day each week. Weekly schedules must be submitted and any changes must be approved by the City prior to implementation.
3.08 All mowing missed due to inclement weather or ground conditions from such weather shall be rescheduled and completed within three working days. If adverse weather or ground conditions persist, the City may change annual schedule.
3.09 All warm season grasses, including Bermuda, Kikuyu and St. Augustine, shall be mowed with a power-driven 7-blade reel type mower. Bluegrass and Fescue may be mowed with either power-driven reel type or rotary type mowers. All equipment shall be adjusted to the proper cutting heights. The mowers shall be maintained and sharpened to provide a smooth even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions.
3.10 When conducting "rotary type" mowing activities in City Parks a mulching deck rotary mower shall be utilized. Contractor shall take special care to completely mulch all grass clippings so as not to leave corn rows or piles of clippings behind. If clippings cannot be completely mulched then they will need to be removed the same day they are cut.
3.11 All trash and paper products shall be removed before mowing begins and will not be run over by mowing equipment. All grass, leaves, and other debris shall be removed and disposed of off-site, in a lawful manner, at the completion of mowing.
3.12 All portable obstructions, such as picnic tables and trash containers shall be moved in order to mow all portions of turf.
3.13 Walkways, roadways, trails, or other areas dirtied by mowing operations shall be cleaned immediately following each mowing and all debris disposed of off-site prior to the completion of that day's mowing operations or the end of the day, whichever occurs first.
3.14 Mowing operations shall be scheduled at times of low public use.
3.15 Mowing frequency shall be one (1) time per week all year. Exact dates shall be set on an annual calendar to provide 52 mows per year. The "1/3" rule (no more than one-third of the total length of the leaf blade shall be removed with any single mowing shall be followed as closely as possible to minimize mowing stress to the turf grass. Failure to provide a weekly mowing shall result in a performance deduction.
Failure to comply with the scope of work for Turf Mowing shall be $400 per incident per day.
4.00 TURF AND GROUNDCOVER EDGING
55136.00200\29454846.1
(BB&K 2017)
Exhibit "A"-17
Item: 14
192
4.01 All turf grass and ground cover borders shall be neatly and uniformly edged or trimmed on the same schedule as the mowing operations, unless otherwise specified. All edging is to be completed with a fixed blade edger. All grass invasions into adjacent areas shall be eliminated.
4.02 Mechanical methods shall be used except where physically impossible, impractical, or around trees. Turf and groundcover shall be maintained a minimum of 6 inches from the trunks of trees by use of appropriate chemicals.
4.03 A 36-inch diameter circle shall be maintained around young trees with immature bark or caliper of less than 6 inches. Circles may include a watering basin, and/or a 2-inch deep layer of mulch, where appropriate, as directed by the City. Circles shall be kept free of weeds and grasses by use of appropriate chemicals.
4.04 Turf and groundcover shall be trimmed or limited around valve boxes, meter boxes, backflow devices, park equipment and other obstacles; and around sprinklers as needed to provide optimum water coverage.
4.05 All groundcover and flower bed areas shall be kept neatly edged and free of grass invasion.
4.06 Walkways, roadways, trails, or other areas dirtied by edging operations shall be cleaned immediately following each mechanical edging and all debris disposed of off-site prior to the completion of that day's edging operations or by the end of the day, whichever occurs first.
4.07 Chemical application shall also be used on areas such as along concrete, asphalt, and decomposed granite trails/paths, around sports field equipment, fence lines, etc., but not on the field areas. Do not use around sprinkler heads, valve boxes, and electrical boxes or along sidewalks to ensure a defined turf edge and limits turf encroachment into beds or across boundaries where it is impractical to edge mechanically. A twelve (12) inch barrier width shall be considered normal.
A. Prior to application of chemicals, all areas shall be trimmed to the proper mow heights.
B. Contractor shall use only non-restricted chemicals to perform chemical edging.
Chemicals shall be approved by the City prior to use. A Notice of Intent to apply non-restricted/restricted materials form shall be completed and submitted to the City a minimum of fourteen (14) days prior to intended use. Agriculture DPTD Haz form shall be provided by City. No work shall begin until written approval is obtained from the City
C. Chemicals shall be applied only by persons possessing a valid California Pest Control Operator's License or Qualified Applicators Certificate. Records of all chemical application operations, authorizations stating dates, times, methods of applications, chemical formulations, weather conditions at the time of application, and applicator's name shall be made and retained in an active file for a minimum of one (1) year. After this period, records shall be retained in accordance with Orange County Department of Agriculture regulations. Monthly and annual chemical usage reports are required to be submitted to the City.
D. Chemical edging shall be restricted to a four inch wide strip around buildings, planters, concrete, decomposed granite and asphalt trails/paths, and other projections, a six inch radius around tree trunks, and an eight inch wide strip around sports field equipment and fence lines.
55136.00200\29454846.1
(BB&K 2017)
Exhibit "A"-18
Item: 14
193
E. Chemical edging shall be performed a minimum of once every 60 days.
4.08 String trimmers will not be permitted.
Failure to comply with the scope of work for Turf and Groundcover Edging shall be $400 per incident per day.
5.00 FERTILIZATION
5.01 Fertilizers shall be inorganic, dry, palletized formulation. Application shall be in accordance with manufacturer specifications.
5.02 Products and rates of application shall be determined by the City.
5.03 Fertilization will be applied in accordance with fertilizer schedule, or as otherwise directed by the City. All applications shall be recorded and specifically identified on the weekly schedule, indicating the fertilizer used, frequency applied and the landscape material applied to (i.e., turf, trees, shrubs, ground cover, etc.).
5.04 The Contractor shall give written notice to the City at least two City business days in advance of fertilizer application at a given site.
5.05 The Contractor shall have all materials delivered to the site in properly labeled, unopened bags. All bags shall be retained on the site for the City's inspection and shall be removed promptly following inspection.
5.06 Application of fertilizer shall be done in sections, determined by the areas covered by each irrigation system. Adequate irrigation shall immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface.
5.07 Shrubs and groundcover areas shall be fertilized at least four (4) times per year with a commercial fertilizer as often as required to promote a healthy appearance. Water thoroughly to prevent burning. Apply at the rate recommended by the manufacturer that is listed on the package and approved by the City.
5.08 Trees shall be fertilized at least one (1) time per year in accordance with the National Arborist Association Standard for Fertilizing Shade and Ornamental Trees, National Arborist Association Standards current edition.
5.09 Vines shall be fertilized at least two (2) times per year (March & August)
5.10 Turf - Apply fertilizers so as to provide sufficient nutrients on a regular basis to keep turf grass in healthy looking condition. Fertilizer will be applied as per the fertilization schedule, or as otherwise directed to maintain an aesthetically pleasing turf grass stand.
Type of turf and time of year will determine type of fertilizers used. The frequency of application will greatly depend on amount of leaching caused by excess use of water.
The type of fertilizer used and frequency applied will be recorded.
A. Use 6-20-20 starter fertilizer at a rate of 1 lb. P and K per 1,000 square feet during over seeding process until first mowing and subsequently thereafter use 15-15-15 fertilizer at a rate of¾ lb. N / 1,000 square feet per month through the winter fertilization period.
55136.00200\29454846.1
(BB&K 2017)
Exhibit "A"-19
Item: 14
194
B. Winter fertilization period shall begin November I and continue until the end of March. A 16-20-20 commercial fertilizer shall be required.
C. Summer fertilization period shall begin May 15 and continue until the end of September. A 16-6-8 or 16-4-4 commercial fertilizer shall be required.
D. For additional or special applications requested by the City of nutrients (i.e., application of additional nitrogen, iron, calcium or gypsum), the Contractor will be paid extra for the special applications. The City will use the quoted extra labor charges and unit cost submitted with the proposal for reimbursement.
E. The Contractor shall supply to the City a list of dates and approximate times each area is scheduled for fertilizer application before the Contractor begins fertilization.
F. All proposed changes in formulation shall be submitted to the City for approval prior to use.
G. Turf shall be free of moisture at the time of fertilizer application. Application of the fertilizer shall be done in sections, determined by the areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast.
H. The Contractor shall take precautions to contain the fertilizer to planting areas only. The Contractor shall be responsible for removing all fertilizer stains from concrete caused by his application.
5.11 Compliance with fertilization specification will be enforced by application inspections, bag counts, and periodic soil analyses by independent soils laboratory as required by the City and paid for by the contractor.
5.12 When climatic factors cause problems of the general use of fertilizers, an adjustment of the fertilizer schedule may be necessary. After fertilizer application, monitor watering schedule to eliminate runoff or leaching of fertilizer materials.
5.13 In making application of fertilizer granules, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader which tends to throw material onto paved areas. The use of constant flow P.T.O. driven spreaders will keep materials contained in planting areas, eliminating sidewalk stains.
The Contractor will be responsible for removing all fertilizer stains from concrete caused by his application. Fertilizer shall be applied at manufacturer's recommended rate. Any fertilizer that is applied to non-target areas such as a roadway, sidewalk, parking lot, etc., will be removed immediately by contractor. Absolutely no fertilizer is allowed to enter the storm drain system. Contractor shall choose which methods of removal will work best. (i.e.: sweeping or gas powered blower, etc.) Failure to comply with the scope of work for Fertilization shall be $400 per incident per day.
6.00 TURF AND LANDSCAPE FERTILIZATION SCHEDULE
6.01 Turf fertilization schedule:
FREQUENCY TYPE & SOURCE TIME OF YEAR
2x/yr 15-15-15 Commercial October 1 - March 1
2x/yr 16-6-8 or 21-4-4 Commercial May 1 -Aug 1 summer
reseeding
55136.00200\29454846.1 Exhibit "A"-20
{BB&K 2017)
Item: 14
195
1x/yr 6-20-20 XB + Commercial Sept/Oct winter reseeding
6.02 Landscape fertilization schedule:
FREQUENCY TYPE & SOURCE TIME OF YEAR
2x/yr 40-1 0-1 O February 1-
August 1
Slow Release
4-1-1 w/iron or Approved Equal
6.03 Fertilizers, pre-approved by City, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar applications to correct iron chlorosis and other micro-nutrient deficiencies.
6.04 All landscaped areas shall be fertilized in accordance with the following criteria:
A. All proposed chemical formulations shall be submitted to the City for approval prior to use.
B. All fertilization schedules shall commence with the effective date of the contract then follow the cycles established in the annual schedule.
C. Ground cover areas shall be free of moisture at the time of fertilizer application.
Application of the fertilization shall be done in sections, determined by the areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast.
6.05 Upon request, soil samples for testing shall be taken from landscape locations as determined by the City.
6.06 Samples shall be tested at an agricultural soils testing laboratory approved by the City.
6.07 Contractor shall pay all costs for testing, taking samples, pickup and delivery to the testing laboratory; all incidentals and no additional payment will be made thereafter.
Failure to comply with the scope of work for Turf, Landscape, and Fertilization Schedule shall be $400 per incident per day.
7.00 AERIFICATION
7.01 Aerate all turf areas by using a device that removes¾" cores to a depth of three (3) inches at not more than six (6) inch spacing. Contractor shall aerate entire area first in one direction (east to west), then repeat the operation in the opposing direction (north to south).
7.02 The Contractor shall assure that turf areas to be aerified are properly and evenly moist prior to aerification operation.
7.03 When soil condition is poor, top-dress may be required by the City.
7.04 Remove or shred cores so that they are not unsightly or a nuisance.
7.05 The Contractor shall flag all irrigation heads, valve boxes, quick-couplers, electrical boxes, and the like, prior to commencing aeration operations. The Contractor shall be 55136.00200\29454846.1
{BB&K 2017)
Exhibit "A"-21
Item: 14
196
responsible for any damage to irrigation, boxes, pavement, etc. from aerifier and other equipment.
7.06 All turf areas shall be aerated four times per year in the months of January, April, July, and October.
Failure to comply with the scope of work for Aerification shall be $400 per incident per day.
8.00 DETHATCHING
8.01 All Bermuda turf areas shall be dethatched once per year between September 15th and October 15th• or as directed by the Public Works Manager.
8.02 Dethatching shall be accomplished by use of "vertical cut type" dethatch machine. The vertical cutting machine shall be set at a depth to penetrate the soil ¼ inch.
8.03 All thatch and debris shall be picked up and disposed of off-site prior to the end of the work day. After clean-up, mow turf at regular cutting height.
8.04 All walkways, roadways, trails, landscaped areas, or other areas soiled by dethatching operations shall be cleaned and all debris disposed of off-site prior to the completion of this operation or the end of the day, whichever occurs first.
Failure to comply with the scope of work for Dethatching shall be $400 per incident per day.
9.00 RENOVATION/REFURBISHMENT OF TURF GRASS
9.01 Turf areas which have thinned out due to the shading effect of trees and structures, and by foot traffic will be reseeded with an approved grass seed to restore thinning areas.
9.02 If the Contractor feels that major renovation is needed, the contractor shall notify the City prior to proceeding.
Failure to comply with the scope of work for Renovation/refurbishment of Turf Grass shall be $400 per incident per day.
10.00 WINTER OVERSEEDING OF ALL TURF AREAS
10.01 Upon the completion of dethatching all creeping-type grass areas in the fall, winter over seeding of all turf areas will be required. All Bermuda grasses will be lowered in two continuous stages by mowing with mowers that have sharp, properly adjusted cutting units. This process will be done until grass height is at 1/2". After the Bermuda grass is lowered, the entire area will be vacuumed. Contractor shall sow perennial rye grass at the rate of 10 lbs per 1000 square feet or as approved by the City.
10.02 Turf grass areas that have multi type grasses (i.e.: Kikuyu Grass, Fescue Grass, Bermuda Grass, Blue Grass, etc.) will be over seeded using the "Imperial Blend" grass seed or an approved equal.
10.03 Fertilize all grass areas to be over seeded. Broadcast 6-20-20 fertilizer at the rate of 6 lbs per 1000 square feet or approved equal. Apply fertilizers by constant flow P.T.O. driven rotary spreaders when applicable or walk behind cyclone spreaders in smaller areas.
55136.00200\29454846.1
(BB&K2017)
Exhibit "A"-22
Item: 14
197
10.04 Immediately after dethatching operations with a verticutter, the area will be aerated.
These two processes will be followed by motor driven vacuum to remove all grass clippings and thatch. Perform reseeding operations when soil is dry and when winds do not exceed 5 miles per hour velocity. Apply seed with a rotary or drop type spreader.
Install seed evenly by sowing equal quantities in two directions, at right angles to each other.
10.05 Cultivate bare areas and aerate compacted areas thoroughly. Where substantial, but thin turf remains, rake, aerate if compacted, and cultivate soil.
10.06 Remove diseased or unsatisfactory turf areas; do not bury into soil. Remove top soil containing foreign materials, i.e., gas/oil drippings, stones, gravel, debris, etc.
10.07 Topdressing, when applicable, shall be applied with materials and methods approved by Public Works Manager and Public Works Landscape Inspector.
10.08 Maintain over seeded turf areas until successful seed germination and complete establishment of turf has taken place. Over seeded areas will be maintained until inspection and acceptance by the City representative.
10.09 After preparation and over seeding have been completed, the area will be watered.
Watering will be three (3) to four (4) times each day, or as necessary in combination with appropriate run time sufficient to maintain even moisture at a dept of 1/2" during daylight hours.
10.10 When the perennial rye grass approaches a height of 2" to 2½", the first mowing will be done. The grass clippings will be checked for root pulling on the first pass or two. If this happens, the Contractor will readjust his/her mowers and check the blades for sharpness. Contractor may use rotary mowers on over seeded turf.
10.11 The rye grass over seeding will be completely established by November 1.
10.12 After first mowing, and subsequently thereafter, fertilize with 1 lb N/1000 SF through the winter fertilization period.
Failure to comply with the scope of work for Winter Overseeding of All Turf Areas shall be $400 per incident per day.
11.00 SUMMER OVERSEEDING OF ALL TURF AREAS
11.01 All bare, worn, or sparse areas in the turf shall be reseeded to reestablish turf to an acceptable condition annually beginning in June or as required to maintain adequate appearance, as determined by the Public Works Manager or Designee.
11.02 Reseeding shall be performed in accordance with the following criteria:
A. All areas to be reseeded shall be raked or vericut to remove all thatch and to provide a rough (scarified) seedbed suitable for seeding.
B. Areas to be reseeded shall be fertilized to provide 1 ½ pounds of nitrogen per 1,000 square feet. Chemical formulation of fertilizer to be used shall be 10-10-10 unless otherwise specified by the City .
55136.00200\29454846.1
(BB&K2017)
Exhibit "A"-23
Item: 14
198
C. Grass seed shall be applied at the rate specified on the label for the type of seed being used for reseeding. Seed quality shall meet the following criteria:
i) Minimum purity shall be 98% weed free for all grasses. ii) Minimum germination rate shall be 85% for all grasses. iii) No seeds shall be applied without prior verification of seed quality by the Public Works Manager or Public Works Landscape Inspector. iv) All seeding equipment shall be calibrated to deliver the desired seeding rate for the specific species or seed mixture to be used prior to each reseeding operation.
v) Once seed has been applied, Contractor shall cover all seed and firm the soil with a water ballast roller either empty or partially filled depending upon soil conditions. Seed shall be lightly covered with mulch to prevent erosion and reduce evaporation of soil moisture.
Failure to comply with the scope of work for Summer Overseeding of All Turf Areas shall be $400 per incident per day.
12.00 GROUNDCOVER
12.01 Groundcover shall be renovated as needed.
12.02 Renovation of groundcover shall include thinning and/or shearing of groundcover and fertilization; and may include bed cultivating and/or mulching, as appropriate to the species and conditions and as directed by the City.
A. All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop.
B. All groundcover areas shall be pruned to maintain neat but natural (not sheared) edges.
12.03 Except as specifically directed by the City, groundcover plants shall be prevented from climbing utilities, shrubs, trees, and the like. Contractor shall trim ground cover adjacent to walks, walls, and/or fences as required for general containment to present a neat, clean appearance at four inches maximum from vertical surfaces and six (6) inches back from walk/trail edges, and curbs.
12.04 Contractor shall prevent soil compaction by regularly cultivating bare spots in all ground cover areas on a monthly basis.
12.05 Any paper or litter that accumulates in ground cover areas shall be picked up daily.
12.06 Contractor shall keep ground cover trimmed back four inches from all controller units, valve boxes, quick couplers, structures or walls, and private property. Ground covers shall not be allowed to grow up trees, into shrubs, or mix in with vines on walls. Ground cover shall be kept six (6) inches from all other plants.
12.07 Bare soil areas shall be cultivated a minimum of once per month or mulched at a depth of six (6) inches to prevent erosion and weed growth.
55136.00200\29454846.1
(BB&K 2017)
Exhibit "A"-24
Item: 14
199
12.08 Ground cover areas shall be maintained in a manner which will promote the healthy growth of the plant material in a primarily natural state while removing weed infestations.
12.09 The un-mowed fescue areas may be "mowed" only as often as necessary to control weeds and to maintain the 24-inch maximum height with approval of the Public Works Manager. In the fall, the seed heads shall be allowed to remain in order to reseed the area and then removed before they change color.
12.10 Whenever groundcover dies as a result of vandalism, or acts of God, the Contractor shall call the City to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials. The City reserves the right to furnish the required groundcover.
The City will use the quoted extra labor charges and unit prices submitted with the proposal for reimbursement. Should groundcover expire due to contractor's negligence, all replacement charges shall be at contractor's expense. All damaged, diseased {untreatable) or dead vines shall be replaced with the same exact species and size of the existing plant material at no cost to the City.
Failure to comply with the scope of work for Groundcover shall be $400 per incident per day.
13.00 PLANT MATERIAL
13.01 Plant material shall conform to the requirements of the landscape plans of the area and to horticultural standards of American Association of Nurserymen as to kind, size, age, etc. and approved by the Public Works Manager.
13.02 Flowering plants, including, but not limited to, Pelargonium, Gaura, Hemerocallis, Limonium, Tulbaghia, and Strelitzia, shall be maintained free of excessive spent blooms, flower stalks and the like. Plants shall be renovated following peak bloom, and as needed, to produce optimum color production and plant health. Renovation methods and timing shall be as approved by the City.
13.03 Plans of record and specifications should be consulted to ensure correct identification of species. Substitutions may be allowed but only with the prior written approval of the Public Works Manager.
13.04 Quality
A. Plants shall be sound, healthy, and vigorous, free from plant disease, insect pests or their eggs, and shall have healthy normal root systems free from girdling, and comply with all state and local regulations governing these matters, and shall be free from any noxious weeds.
B. Plant materials shall be symmetrical, and/or typical for variety and species.
C. Trees shall not have been topped.
D. Roots shall not have been allowed to circle, girdle, or become bound at any stage of growth.
E. All plant material must be provided from a licensed nursery and shall be subject to acceptance as to quality by the City.
55136.00200\29454846.1
(BB&K2017)
Exhibit "A"-25
Item: 14
200
13.05 Plant Material Guarantee
Contractor shall replace, at no cost to the City, any plant material planted by Contractor under this Contract which fail to establish, grow, live and remain in healthy condition, regardless of the reason for said failure, as follows:
A. All trees shall be guaranteed for one year from the date of acceptance of the job by the Public Works Manager.
B. All shrubs shall be guaranteed for ninety (90) days from the date of acceptance of the job by the Public Works Manager.
13.06 Nothing in this section shall in any way reduce or remove Contractor's responsibility as specified elsewhere in this Contract.
13.07 Newly planted areas shall receive special attention until plants are established.
Adequate water shall be applied to promote normal, healthy growth. Proper berms or basins shall be maintained during the establishment period.
Failure to comply with the scope of work for Plant Material shall be $400 per incident per day.
14.00 VINES
14.01 Vines and espalier plants shall be checked and retied as required. Secure vines with appropriate ties to promote directional growth on supports.
14.02 Nails shall not be used to secure vines on masonry walls.
14.03 Contractor shall deep water vines in pockets without sprinklers and where required to promote optimum growth.
14.04 Pruning of vines will be in accordance with good horticultural practices.
14.05 Whenever vines die as a result of vandalism, or acts of God, the Contractor shall call the City to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials. The City reserves the right to furnish the required vines. The City will use the quoted extra labor charges and unit prices submitted with the proposal for reimbursement.
14.06 Should vines expire due to contractor's negligence, all replacement charges shall be at contractor's expense. All damaged, diseased (untreatable) or dead vines shall be replaced with the same exact species and size of the existing plant material at no cost to the City.
Failure to comply with the scope of work for Vines shall be $400 per incident per day.
15.00 SHRUBS
15.01 Prune shrubs to encourage healthy growth habits, natural form and proportion. Restrict growth of shrubbery to area behind curbs and within planter beds by pruning. Under no circumstances shall hedge shears be used as a means of pruning. 55136.00200\29454846.1
(BB&K2017)
Exhibit "A"-26
Item: 14
201
15.02 All shrubs and hedges shall be pruned in such a manner that they present a pleasing and natural appearance and do not obstruct the vision from building windows or the vision of vehicle drivers.
15.03 All shrubs, hedges, and ground vegetation shall be maintained so the vegetation does not overgrow its designated growth perimeter. Along all walks, overgrowth shall not be over four inches.
15.04 Whenever shrubs die as a result of vandalism, or acts of God, the Contractor shall call the City to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials. The City reserves the right to furnish the required shrubs. The City will use the quoted extra labor charges and unit prices submitted with the proposal for reimbursement. Should shrubs expire due to contractor's negligence, all replacement charges shall be at contractor's expense. All damaged, diseased (untreatable) or dead shrubs shall be replaced with the same exact species and size of the existing plant material at no cost to the City.
15.05 Contractor shall remove any spent blossoms or dead flower stalks as required to present a neat and clean appearance. Sometimes the plant's flower stalks are many in number or part of the plant's character (i.e., Dietes). Coordinate with the City on a plant-by-plant species basis.
15.06 Shrub mounding shall not exceed eighteen inches in height within areas required for vehicular line-of-sight distance depending upon roadway topography. (The Public Works Manager is to be informed by Contractor if the plant material will continually be a problem.)
15.07 Formally sheared shrub hedges shall be continually maintained in their formal design by shearing and trimming. These shall be specifically designated by the City and shall not infer that any other shrub shall be sheared or trimmed.
15.08 Shrubs designed to be grown full size shall not be sheared or trimmed. Selective pruning may be necessary to remove dead, diseased, or intertwining material. Shrubs sheared or trimmed, when they are not designed to be so, shall be replaced at Contractor's expense in a size designated by the City.
15.09 All shrubs shall be pruned to prevent encroachment onto private property.
15.10 Pruning Procedures:
A. All cuts shall be made sufficiently close to the parent stem so that healing can readily start under normal conditions.
B. All limbs one inch or greater in diameter shall be "under cut" to prevent splitting and tearing.
C. All equipment utilized shall be clean, sharp, and expressly designed for shrub pruning.
D. Avoid pruning plants when seasonal bloom is present (i.e., Indian Hawthorne). 55136.00200\29454846.1
(BB&K 2017)
Exhibit "A"-27
Item: 14
202
15.11 All trimmings and debris shall be removed and disposed of off-site at the end of each day's work.
15.12 Existing shrubs shall be replaced by the Contractor if it is determined by the Public Works Manager that they died due to Contractor's neglect. Replacement shrubs shall be of like kind and size.
Failure to comply with the scope of work for Shrubs shall be $400 per incident per day.
16.00 TREE PRUNING
16.01 All trees which are located within the public landscape maintenance area shall be included, scheduled for a three-year cycle.
16.02 Contractor is responsible for tree work within fifteen (15) feet of the ground.
16.03 Trees shall be pruned along sidewalks to allow a minimum (9) foot clearance for pedestrians. To accommodate vehicular and equestrian traffic, clearance along curbs and trails shall be a minimum of fourteen (14) feet.
16.04 The Contractor shall notify the City with tree pruning, planting, and removals, stating where and when the trees were pruned, planted, and/or removed, approximate location, and species type.
16.05 All pruning and tree guying maintenance shall conform to International Society of Arboriculture (LS.A) Standards and the specific directions of the Public Works Manager.
Pruning shall be done by those experienced and skilled in pruning techniques and under the supervisor of a certified arborist. All cuts shall be done using proper arboricultural and horticultural practices. Dressing wounds will not be allowed. Contractor shall not allow any tree to be topped, tip pruned or pollard.
16.06 Dressing wounds will not be allowed.
16.07 Shearing: Only those plants specifically designated by the City shall be sheared. These plants may also require additional thinning to maintain a healthy condition.
16.08 Tree pruning shall be performed with the intent of developing healthy, structurally sound trees with natural form and proportion, symmetrical appearance, and proper vertical and horizontal clearance.
16.09 Tree stakes, two (2) per tree, shall be pentachlorophenol treated pine lodge pole.
Stakes shall be place vertically; 8 to 10 inches from the tree trunk; shall not rub against any part of the tree during windy conditions; shall be tied using materials and methods as approved by Public Works Manager.
16.10 Tree and plant guys/ties shall be checked frequently and either adjusted to prevent girdling or loosened and then ultimately removed along with the stakes when no longer required. Broken stakes shall be replaced as required.
16.11 All structural weaknesses such as split crotches or limbs, diseased or decayed limb or branch, detached or not, or severe damage that could be a safety hazard shall be removed upon detection by the Contractor and reported to the Public Works Manager. 55136.00200\29454846.1
(BB&K 2017)
Exhibit "A"-28
Item: 14
203
16.12 Under no circumstances will stripping of lower branches (raising up) of young trees be permitted. If there are doubts or questions, contact the Public Works Manager. Tree suckers shall be removed as needed.
16.13 Lower branches can be removed only after tree is able to stand erect without staking or other support.
16.14 Any trees broken, damaged, and/or uprooted as a direct result of storm damage, wind damage, accident, or vandalism, shall be trimmed, replanted, or replaced, and debris removed within twenty-four (24) hours of notification. City authorization, by the Public Works Manager, shall occur if plant replacement is required by the Tree Maintenance Contractor. Any debris blocking roadways or parking areas shall be removed within one (1) hour of notification to Contractor. The Contractor shall call the Public Works Manager to confirm the damage, prepare a material request and estimate of plant material replacement based on contract unit prices. After receiving authorization, the Contractor will submit an invoice with the monthly statement for additional labor and applicable materials. The City will use the quoted extra labor charges, submitted with the proposal, for reimbursement.
16.15 All trees shall be pruned to prevent or maintain encroachment onto private property.
16.16 If, in the opinion of the Public Works Manager, the newly planted tree dies as a direct result of neglect, inadequate care, or inadequate maintenance, the replacement item and required labor shall be provided by the Contractor at no cost to the City. This includes material newly planted and material which has been planted. Replacement must be of comparable size and species.
16.17 The Landscape Maintenance Contractor will replace and be held liable for any damages done to trees due to poor management procedures (i.e., improper staking, damage done by not removing tie wires, improper pruning, mower damage, etc.).
16.18 All pruning and debris shall be removed and properly disposed of immediately.
16.19 Contractor shall perform minor tree surgery as required.
16.20 Special emphasis shall be placed upon public safety during pruning operations, particularly when adjacent to roadways and walkways.
16.21 Care during Tree Pruning Operations: Surrounding plant material (turf, ground cover, shrubs, and vines) shall be protected during tree maintenance operations. The Contractor shall be responsible for all damage caused by poor procedures. The City will require full and complete repair of the damaged areas and plants.
16.22 Palm trees shall be pruned and left with a pineapple bowl cut (phoenix canariensis) and all trunks shall be skinned.
Failure to comply with the scope of work for Tree Pruning shall be $400 per incident per day.
17.00 TREE REMOVALS AND PLANTING
17.01 All trees which are downed or dead by either natural or unnatural causes shall be 55136.00200\29454846.1
(BB&K2017)
Exhibit "A"-29
Item: 14
204
removed and disposed of off-site after notification to the City.
17.02 Ailing or stunted trees, which fail to meet expected growth expectations, shall be brought to the attention of the Public Works Manager.
17. 03 If the Contractor foresees a problem with access to a tree deemed for removal, the Contractor shall contact the Public Works Manager prior to the remove work has commenced to discuss alternate removal methods.
17.04 Stumps shall be ground to twenty-four inches below grade. All shavings need to be removed and the hole shall be filled back to the surrounding grade with clean soil and compacted. Stump removal shall be included in the tree removal unit price. Green waste certification and reports shall be submitted monthly.
17.05 Tree planting shall follow planting specification:
• Trees must be of quality nursery stock, free from pests, disease and structural defects. Strong trees should have straight roots, a thick trunk, and one dominant leader to the top. The root flare should be in the top 2" of the root ball. • Dig the planting pit twice as wide the as root ball, or as wide as practical per planting location. Pit should be no deeper than the soil in the tree container. • Remove the tree from the container (15 gallon), or bottom from box size trees. • If needed, remove soil and roots from top of root ball to expose root flare. • Backfill the pit halfway with native soil. The soil level above the finish grade should be 1 " for 15 gallon trees, 2" for 24" box trees, and 3" for 36" box trees. • Place tree in planting pit.
• Remove roots that descend and mat along the side and bottom of the root ball. Roots that circle should be cut.
• Flood the bottom of the pit with water.
• Complete backfill of pit with native soil, tamping in soil with feet or shovel handle to insure there are no air pockets and that soil is reasonably firm. • Prepare 3'-4' diameter earthen water basin.
• Remove nursery stake and install two (2) tree stakes that are tall enough to support the tree. Tree should be placed so that the nursery stake side of trunk is facing north to reduce the potential of sunburn to the trunk.
• Attach trees to stakes with up to four (4) soft rubber ties and with enough tension to support the tree in an upright position. Attach a trunk protector to the base of the tree. • Add a 3-4" layer of mulch around the planting pit. Keep mulch away from the trunk of your tree.
• Add enough water to fill the water well.
Failure to comply with the scope of work for Tree Removals and Planting shall be $400 per incident per day.
55136.00200\29454846.1
(BB&K 2017)
Exhibit "A"-30
Item: 14
205
17.06 Tree planting details and guidelines with mulch:
TREE PLANTING DETAILS AND GUIDELINES
Ill. HOI.E H TIMES THE ~Olll OF THE ROOT RAU
• UGHTtY TMll' BIIOCRU AIIOUIGJ RDOTBAU WllH FOOTOIISHOVll. 1D EIRIIUiIE Alli POCli£TS. lllllliAJ'E ~ IIOOIBAU. ANO IUHATASNtlDE>.IIS'ORE MLU:KNC,.MAKESIJRETHM AU lllllGAl1DN W,\TEII F\.IM'SDIRECll'lllilCIJGHlHE IID<J1ll,W. ll>£NSUIE5ETruNG. 55136.00200\29454846.1
(BB&K 2017)
Exhibit "A"-31
~ROOIS,;JWlDFOIIMNEWflOOISmaT
GROW Rm.YFRQM,-K.00 NOT OJT~
AT(III SINCE fl0IJT DEftcr.i Will. REGIOW
•INSTAl.l CINCH TIES
"nGUltE B" IWlERN: TWISl
ONa. BETWEEN TRIJt<XAND
I.OIXiE POI.£. SEaJR:E ONCH
11E 10 LODGE POLE Wffil NAIL
Item: 14
206
17.07 Tree planting details and guidelines without mulch:
TREE PLANTING DETAILS AND GUIDELINES
DIG HOl.f 2-l TIMES THE 'MOTH Of THE ROOT IIAll
'UCiHllYWill' MCIIRU. AIIOUIO IIOarMU. Wl1H FOOT OR 5HCM1. 10 t!MNAtE ,1,111 fOCJEn.. ~lMICl.Of IIOOllW.l.Nlll 119'£ATASNEBJB1.l&Of!EMl.tOtNG, MAl:E Sl!IIETHAT AU fillJGA1lCN WATUI fUMSDAl£CllYTMIOUGH lHE ROOllWJ. ttH14SUIE 5ITIUNC. •tRMRDCJIS Iii W10FOIIM NEW flOOl51lW
GIIIIW-YFIIOM..-it.DDNOTQ/fl0Cm
ATIJII.IIIICE IIIXIT DIRCTSWIU. IIIGROW
• "ffiAU. • NOl TIES IN
'TI.UIIE S-WITTERN: TWIST
ONCE BE1WllN TRIJKJC AHO
I.DOGE POI£. SECURE • NCH
llFTO LODGE POI.E WITH HAIL
18.00 CITY-WIDE QUARTERLY ADA TREE PRUNING AND SIDEWALK CLEARING 55136.00200\29454846.1
(BB&K2017}
Exhibit "A" -32
Item: 14
207
18.01 Maintain a clearance on City-owned trees, or private trees as directed by the City, to provide a fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of roadways and nine (9) foot clearance for pedestrians over the sidewalks. Lower branching may be appropriate for trees in background and ornamental areas. Prune plant materials where necessary to maintain access and safe vehicular visibility and clearance and to prevent or eliminate hazardous conditions.
Failure to comply with the scope of work for City-wide Quarterly ADA Tree Pruning and Sidewalk Clearing shall be $400 per incident per day.
19.00 WEED CONTROL
19.01 All areas shall receive diligent control of weeds by employing all industry-recognized, legal methods, as approved by the City.
19.02 All ground cover beds, shrub beds, planters, non-concrete walkways, i.e.: decomposed granite, natural soil and asphalt, sidewalk expansion joints, cracks in paved areas, curbs, areas covered with ornamental rock, and other landscaped and hardscaped areas shall be maintained weed and grass free at all times.
19.03 No dyes shall be used when applying liquid weed control to paved surfaces.
19.04 Turf grass shall be weed free at all times.
19.05 In addition, turf grass areas shall be treated as follows:
a) Between January 15 and February 15, a pre-emergent crabgrass control shall be applied to all turf areas.
b) Twice per year, in December and June, a broad spectrum fungicide (such as Actizone RZ) shall be applied at the manufacturer's recommended coverage rate.
19.06 Common weed (Arundo Donax) will be 100% controlled due to its fast growth and invasiveness.
19.07 Inspect, spot treat or mechanically remove weeds as necessary. Hand weeding or spot treatment of all areas is to be performed at least one (1) time per week.
19.08 Weeds not killed with herbicides shall be removed manually. However, manual weed control shall not be substituted for herbicide applications.
19.09 The Contractor shall submit a report naming the herbicide proposed for use, where and how it is to be applied, and a copy of the product label and any applicable M.S.D.S. (material safety data sheets) sheets to the City before use begins.
19.10 Chemical applications as needed. Weeds, which grow from, or spread by, underground stolons, tubers, and the like, such as Bermuda Grass, Nutgrass, and Ragweed, shall be controlled using appropriate chemical controls. Said weeds shall not be physically removed until chemical action is complete.
19.11 When requested by the City, the Contractor shall spray weeds with herbicide for weed control at no additional cost to the City if control is not maintained as specified in this section. Preventive weed control is the responsibility of the Contractor. Any pre55136. 00200\29454846.1 (BB&K 2017)
Exhibit "A"-33
Item: 14
208
emergent herbicide used will be considered a weed management tool and the cost will not be reimbursed by the City.
19.12 Monthly, the Contractor shall complete and furnish copies of an herbicide application log to the City.
19.13 Apply appropriate pre-emergent herbicides to prevent germination of known problem weeds. Target weeds shall include but are not limited to Kikuyu, Bermuda, Nutgrass, Crabgrass, Ragweed, Poa, Spurge, Oxalis, annual weeds and grasses.
19.14 Pre-emergent herbicide materials to be used shall be as approved by the City. Materials to be used shall be those best suited to the control of the target weeds in the given planting.
19.15 Pre-emergent herbicide applications shall be carefully scheduled as approved by the City, and shall be made per label instructions for optimum control. Scheduling of preemergent herbicide applications shall be reflected on the annual calendar along with notation identifying material name and target weeds.
19.16 Pre-emergent herbicide applications shall be made annually and as required for optimum control of target weeds.
19.17 The Contractor shall be responsible for the results of application of all herbicides and chemicals. Plants killed or severely damaged by the use of herbicides shall be replaced at no cost to the City, with the nearest size nursery stock available to the size of the dead or severely damaged plant. The soil in the area of the affected plant(s) and planting pit shall be treated with activated charcoal and other soil amendments that may be required to enhance the potential survival and growth of the existing or replacement plants. The treatment and materials must be approved by the City and shall be furnished at no cost to the City. All replacements must be made within fifteen days upon discovery by the Contractor and/or the City.
19.18 All restricted chemicals to be used to control weeds shall be approved by the City prior to use. A written recommendation of the proposed restricted chemicals to be used, prepared by a licensed California Pest Control Advisor accompanied by a Notice of Intent to apply restricted/non-restricted materials form prepared by a licensed Pest Control Operator shall be submitted to the Public Works Manager a minimum of 14 days prior to intended use. Additionally, Contractor shall notify the Orange County Department of Agriculture a minimum of 48 hours prior to intended use. No work shall begin until Public Works Supervisor's or Public Works Landscape Inspector's written approval is obtained.
19.19 Written recommendation shall include the following information:
A. Owner or operator of the property to be treated;
B. Location of property to be treated;
C. Commodity, crop, or site to be treated;
D. Total acreage or units to be treated;
E. Identification of weed(s) or pest(s) to be controlled by recognized common name; F. Name of each herbicide or device recommended or description of method recommended;
G. Dosage rate per acre or other units;
55136.00200\29454846.1
{BB&K 2017)
Exhibit "A"-34
Item: 14
209
H. Warning of the possibility of damages by the application from hazards that are known to exist; and
I. Signature and address of the person making the recommendation, the date, and the name of the employer.
19.20 Chemicals shall be applied only by persons possessing a valid California Pest Control Operators License in the appropriate category. Application shall be in accordance with all governing regulations. Records of all written recommendations and operations stating dates, times, methods of application, approved Notice of Intent to apply restricted/non-restricted materials, weather conditions at the time of application, and applicator's name shall be made and retained in an active file for a minimum of 1 year.
The Public Works Supervisor and Public Works Landscape Inspector shall have access to those files as required. After this period, they shall be retained in accordance with Orange County Department of Agriculture Regulations.
19.21 Contractor shall calibrate all chemical application equipment prior to each use to insure chemicals are applied at the rate specified in the written recommendation.
19.22 All rubber hoses shall be made of neoprene rubber or equivalent material; shall be free of cracks; shall not be weathered, worn, or rotted; and shall be equipped with quick connectors or fittings which shall provide a water tight connection to prevent any leakage of chemicals from the point of connection to spray equipment.
19.23 All pressurized spray equipment, when in use, shall be kept in a state of good repair, safe to operate and shall be equipped with appropriate pressure relief valves. All spray nozzles shall be free of any foreign particles to allow proper control of rate, uniformity, thoroughness, and safety of application.
19.24 All chemical spraying operations shall be performed under acceptable climatic conditions to be determined by the Public Works Supervisor and Public Works Landscape Inspector in such a manner to limit drift to twelve (12) inches. All precautionary measures necessary shall be employed to insure public safety since all areas will be open to public access during application.
19.25 All equipment used to perform chemical application shall be thoroughly cleaned when necessary to prevent injury to persons, plants, or animals from residue of materials previously used in the equipment. Equipment shall be cleaned in accordance with the procedure recommended on the label.
19.26 Non-restricted chemicals shall be used whenever possible to perform weed control in turf and landscape areas.
19.27 The Contractor shall not be allowed to use the restricted chemicals 2,4-D and Dicamba without submitting a written recommendation by a California Pest Control Advisor. 1) Prior to application, Pest Control Operator shall read product label, identify weed pests in area to be sprayed, and identify environmental hazards such as waterways, eating and food preparation areas, sensitive ornamentals, production agricultural sites and take all precautionary measures necessary to prevent contamination of these areas.
2) Equipment used to apply 2,4-D and Dicamba shall consist of waterproof 55136.00200\29454846.1
(BB&K 2017)
Exhibit "A"-35
Item: 14
210
gloves, waterproof boots, respirator, coveralls, goggles, accurate measuring device, and spray equipment. To minimize drift, a spray thickener may be required.
3) Operator shall not apply 2,4-D or Dicamba during excessively hot, dry, or windy periods. Irrigation systems shall not be operated for a minimum of 24 hours after chemicals have been applied. Operator shall spray all target plants to wet. Chemicals shall be applied within the drip line of any ornamental shrub. Large mature weeds should not be sprayed.
19.28 Upon completion of 2,4-D or Dicamba chemical spray application, the area treated should not be re-entered until the spray has dried. Contractor shall be responsible for any on-site signage, posting as well as monitoring access during the chemical drying period.
Failure to comply with the scope of work for Weed Control shall be $400 per incident per day.
20.00 MULCHING
20.01 At no additional cost to the City, the contractor will supply mulch material, labor and equipment required to move mulch from the stock-pile site(s) and place mulch in required areas.
20.02 All trees shall have mulch installed around the base once annually. The mulch will be installed at a depth of 6 inches and will not be piled against the base of the tree. The mulch line will extend at least 12 inches out from the base of the tree and will be level to a depth of 6 inches. Mulch will be installed at grade at the base of the tree and will become deeper as it moves away from the base of the tree ending at a depth of 4 inches.
20.03 All areas to receive mulch shall be free of weeds prior to mulching.
20.04 Mulch shall be maintained free of litter and foreign matter.
20.05 Mulch shall be replenished as needed.
20.06 A minimum three (3) inch layer of approved mulch shall be maintained in all shrub, and groundcover areas. Mulch shall be placed in such a manner as to present a neat appearance, cover all bare soil, not cover plant material or the bases of trees or shrubs.
20.07 Mulching operation shall be accomplished in a timely manner, so that all material is removed and stock-pile site is left clean and level, all to the satisfaction of the City.
Failure to comply with the scope of work for Mulching shall be $400 per incident per day.
21.00 WATERING AND IRRIGATION
21.01 All landscaped and turf areas shall be irrigated, as required to maintain adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers and valves.
55136.00200\29454846.1
(BB&K2017)
Exhibit "A"-36
Item: 14
211
21.02 Contractor shall have the sole responsibility for managing the City's irrigation usage and must remain within allocated water budgets and tiered rates established by water purveyors. Should the contractor exceed the established water budget set for each water meter and enter into the excessive or wasteful tiered rates, those overages shall be charged against contractor's monthly maintenance invoice. The Contractor shall provide personnel knowledgeable of, and proficient in, current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies.
21.03 The Contractor shall insure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, including irrigation controllers, valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City, and fully equipped and capable of performing proper programming and operation of the irrigation systems.
21.04 Irrigation systems which have Calsense controllers will be programmed by Contractor but the City has the right to adjust as needed. The Contractor shall be responsible to perform all other specified irrigation tasks including, but not limited to: testing, adjustments, repairs, replacements, and supplemental watering. The Contractor shall notify the City immediately of any deficiencies in irrigation at these sites.
21.05 Irrigation systems not equipped with Calsense controllers may be programmed by the Contractor. The Contractor is responsible for proper watering of landscape areas and will pay for any over charges from water purveyors.
21.06 Areas not provided with an irrigation system shall be hand watered by the Contractor.
This includes situations where the automatic system is inoperable for any reason. The Contractor shall be responsible for providing all equipment, such as hoses, couplers and nozzles to accomplish this task.
21.07 Watering shall be regulated to avoid interference with any use of roadways, paving or walks.
21.08 Controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or early morning hours and/or at the times as follows:
A. MPS Areas (Sunday-Thursday) 9:00 PM - 6:00 AM
B. Manual Irrigation 9:00 AM - 3:00 PM
21.09 Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic.
21.10 No irrigation shall be done during periods of measurable rain without prior approval of the City.
21.11 The Contractor shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering.
21.12 Contractor shall not irrigate Friday night, Saturday morning, Saturday night or Sunday morning unless absolutely necessary. Contractor shall obtain approval from the Public Works Supervisor or the Public Works Landscape Inspector before any weekend 55136.00200\29454846.1
(BB&K2017)
Exhibit "A"-37
Item: 14
212
watering occurs.
21.13 Contractor shall monitor the requirements of the plant material, soil conditions, seasonal temperature variations, wind conditions and rainfall, and shall recommend appropriate changes in duration of watering cycles.
21.14 Special watering required during daytime hours such as after over seeding, fertilization, during periods of extreme dryness or heat or during manual irrigation cycles shall be conducted in accordance with the following criteria:
A. There shall be minimal drift onto private property or roadways caused from the wind.
B. There shall be irrigation personnel present at each location until watering cycle is completed.
21.15 Contractor shall respond within two (2) hours of any request by the City to turn on/off irrigation systems, particularly in respect to rainfall.
21.16 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 eliminate run-off.
21.17 Monthly water meter readings are required to be provided to the City by the 10th of the following month.
21.18 In those areas where a drip/water saver system is used, the Contractor will be required to hose off or wash dust/soot off plant material bi-weekly or more often if required to prevent plant damage.
Failure to comply with the scope of work for Watering and Irrigation shall be $400 per incident per day.
22.00 IRRIGATION MAINTENANCE, REPAIR and TESTING
22.01 The entire irrigation system, including all components from connection at meters, shall be maintained in an operational state at all times.
22.02 Contractor shall provide parts, labor, tools, and equipment for maintenance of the irrigation system including repairs and replacements {whether due to damage, malfunction, vandalism, normal wear, or other cause) of all components including but not limited to the following:
A. main lines and lateral lines
B. valves (control valves, ball valves, quick-couplers.a. and the like) C. pumps
D. automatic controllers and appurtenant devices (ET and rain gauge, antenna and the like)
E. backflow devices
F. pressure regulators
G. sprinkler heads
H. moisture sensing devices
I. control wires
These items shall be repaired or replaced by the contractor, or by other forces, at the discretion of the City.
55136.00200\29454846.1
(BB&K2017)
Exhibit "A"-38
Item: 14
213
22.03 Frequencies of irrigation testing shall be one (1) time per week, or more frequently if problems or conditions indicate a need. A written report shall be submitted weekly in accordance with the schedule submitted at the start of the contract showing the location, day of week, and time of day that each system was tested. Any changes shall be submitted for approval prior to enactment. Failure to inspect irrigation systems within the required timeframes shall result in a performance deduction.
22.04 The Contractor shall notify the City of any damaged, deficient or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment.
22.05 Repair or replacement of irrigation components that are identified as the Contractor's responsibility shall be completed within two (2) working days of determining damaged or inoperable irrigation component, or sooner to prevent damage to turf or landscaping, or if the repair is otherwise deemed urgent by the City.
22.06 Contractor is required to notify the City of mainline failures within twelve (12) hours of occurrence.
22.07 Replacements of irrigation equipment shall be with originally specified equipment of the same size and quality or substitutes approved by the City prior to any installation thereof.
22.08 Contractor's Irrigation Technician shall be fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use; and fully equipped and capable of identifying and isolating problems and performing the proper programming, inspection, testing, repair and maintenance of the irrigation systems. All of the Contractor's personnel working on irrigation systems, shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician.
22.09 The Contractor's Irrigation Technician shall be equipped with Calsense Radio Remote hand-held remote valve actuator.
22.10 Prior to testing a system, the Contractor shall inspect all irrigated areas; note and mark with a flag marker any dry or stressed areas. During the course of the irrigation test, Contractor shall determine the cause of the noted deficiency and make needed repairs.
22.11 The Contractor shall sequence controller(s) to each station to check the function of all facets of the irrigation system.
22.12 During irrigation testing the Contractor shall:
A. Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention of runoff and erosion, and prevention of excessive overspray onto adjacent areas (roadways, sports courts, walkways, trails, fences and private property).
B. Check for, and correct all leaks, including pipes, risers, seals, turrets, etc.
C. Clean, flush, adjust, repair or replace any equipment, head or component that is not functioning to manufacturer's specifications.
D. Limit evapotranspiration loss using State of California ET area ratings. 55136.00200\29454846.1
(BB&K2017)
Exhibit "A"-39
Item: 14
214
E. Match precipitation rates.
F. Adjust valves and heads to keep all systems operating at manufacturer's recommended operating pressures. Valve throttling and pressure gauging shall be employed to prevent excessive fogging.
G. Sprinkler heads shall be kept clear of overgrowth, which may obstruct maximum operation. Chemical edging around turf heads will not be permitted. Raising heads or lowering grade and reseeding are options to keeping head height in the correct position for maximum effectiveness.
H. Check valve boxes and covers. Repair or replace as needed. Replace and secure cover bolts as needed.
I. Check for low-head drainage. Clean, repair or replace malfunctioning or missing anti-drain devices including in-head check devices.
22.13 Any unresolved system malfunction, damage, or deficiency shall be reported, including effected valve station(s} and other pertinent details, to the City. Said reporting may be verbal or in writing at the discretion and to the satisfaction of the City
22.14 In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. At any time, City may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system.
22.15 Contractor shall be responsible for performing the annual certification of backflow devices.
22.16 All valve boxes shall be identified with heat-branded markings as directed by the City.
22.17 Any repairs made by the Contractor will be in accordance with the original details. At no time shall contractor install irrigation heads other than what is on-site at the time of inspection. (i.e.: Rainbird irrigation heads will not be installed where Hunter irrigation heads are the uniform irrigation head.} Failure to comply with this issue will result in a performance deduction issued once every day until mismatched irrigation heads are removed and the proper heads are installed.
22.18 Contractor shall keep an adequate supply of replacement heads on repair vehicle at all times. Contractor shall make repairs immediately using "like" materials to maintain uniformity and to match application rates. Contractor shall replace, at his cost, any irrigation heads installed improperly or heads that do not match existing or "like" heads.
22.19 Repairs to the system caused by conditions under which the Contractor does not have direct control shall be done by others or paid for by the City. Repairs under this category shall be "extra work" and are as follows:
A. Theft (missing heads}
B. Storm damage (Acts of God}
C. Damage by others
D. Malfunctions to automatic controller, remote control valves, or pressure lines. 55136.00200\29454846.1
(BB&K 2017)
Exhibit "A"-40
Item: 14
215
22.20 Damage and repairs shall be divided as follows:
A. Minor repairs shall include, but not be limited to, all irrigation components from, and including, the valve to lateral line and heads/emitters, replacement of adjusting pins, friction collars, washers, trip assemblies, tubing, and other small parts. The cost for minor repairs shall be included in the costs for operations and maintenance of the irrigation system.
B. Major repairs shall include all items before the automatic control valve including but not limited to backflow devices, pressure regulators, and mainline control wire (except as previously noted). The cost for major repairs, except as noted, will be considered extra services based on the contract labor and unit cost.
22.21 Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in the frequency of irrigation. Costs will be determined from comparisons of usage with historical usage for the same time period.
Costs to be deducted from monthly payments will be presented to the Contractor by the City
22.22 The Contractor shall be responsible for properly removing control clocks needing repair, marking station wires, delivering clocks for repairs to a City-approved repair facility, and reinstalling the control clock with station wires in the original order as found. If repairs encountered will take more than two working days to correct, a temporary controller, supplied by the Contractor, will be installed by the Contractor until the permanent controller can be repaired.
22.23 When sprinkler systems are out of service due to the Contractor's neglect, the Contractor shall be required to water by hand or other means in accordance with plant and vegetation needs. This shall not be an extra labor charge.
22.24 The Contractor shall be held responsible for damage done to sprinkler heads and valves due to careless operation of vehicles and lawn mowers.
22.25 The actual cost of all material passed on to the City shall be wholesale cost of the material. The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, including discount available. At no time shall the cost of materials exceed the retail cost from the current price list, minus the discount rates quoted in the proposal.
The total cost of materials shall include the following:
A. Wholesale cost (retail costs minus Contractor's discount), as stated above.
B. Applicable sales tax.
C. A markup of 15% maximum for all overhead costs and profits.
22.26 All materials are to be new and identical to existing materials, unless directed otherwise by the City.
22.27 Where moisture sensing devices are used, a continual monitoring will be made to assure units are functioning properly. If malfunction is noted, the City will be notified immediately.
22.28 Automatic controllers will be kept locked at all times.
22.29 All non-stainless steel controller enclosures must be painted as needed to maintain a good appearance. Color will be determined by the City. New enclosures shall be made of stainless steel.
55136.00200\29454846.1
(BB&K2017)
Exhibit "A"-41
Item: 14
216
22.30 Contractor will maintain an active "site schedule" in each controller enclosure. Any changes made in the field or to the current program will be documented on the site schedule to ensure the most recent, active schedule is represented upon review by City.
22.31 Since all normally anticipated labor costs are to be included in the contract amount, emergency call-outs after working hours will be considered extra work compensation.
This type of work shall be defined as "extra work".
22.32 Irrigation Repair Invoices shall be organized according to controller number and submitted on a monthly basis to reflect work carried out via the irrigation management sheet.
22.33 The Contractor shall submit as-built drawings of all modifications to irrigation systems, including, piping, relocation of equipment or sprinkler heads, replacement of heads with another make or model, changes in nozzling and the like. As-built changes shall complete to the satisfaction of the City. As-built drawings shall be made neatly and legibly on a blue-line copy of the irrigation drawings supplied by the City and shall be submitted within 2 working days of completion of the work.
Failure to comply with the scope of work for Irrigation Maintenance, Repair and Testing shall be $400 per incident per day.
23.00 MAINTENANCE OF DRAINAGE FACILITIES
23.01 The Contractor shall be responsible for continual inspection of surface drains (i.e., bench drains, flow structures, v-ditches), located within the landscaped areas on a monthly basis. Surface drains shall be checked and maintained free of obstruction and debris at all times to assure proper drainage. Remove any debris or vegetation which accumulates and prevents proper flow of water. All drain sumps or catch basins and drain lines shall be cleared twice per year. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to City.
Failure to comply with the scope of work for Maintenance of Drainage Facilities shall be $400 per incident per day.
24.00 DISEASE, PEST AND RODENT CONTROL
24.01 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.
24.02 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.
24.03 The City shall be notified immediately of any disease, insects or unusual conditions that might develop.
55136. 00200\29454846.1
(BB&K 2017)
Exhibit "A"-42
Item: 14
217
24.04 Contractor shall use integrated pest management practices whenever possible.
Applying chemicals and insecticides shall be used only if other natural practices have failed.
24.05 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.
24.06 Contractor shall notify the City when applying any chemicals or insecticides to any areas under contractors care.
24.07 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.
24.08 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.
24.09 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.
24.10 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 55136.00200\29454846.1
(BB&K 2017)
Exhibit "A"-43
Item: 14
218
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.
24.11 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.
24.12 Gophers and other rodents shall be eliminated immediately by appropriate, approved exterminating techniques (traps, poison, etc.).
24.13 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.
24.14 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.
24.15 Dusty foliage and warm temperatures are indicators of mites. So long as foliages are washed, mite populations are low. Keep mite populations low to prevent plant injury.
Conifers are especially susceptible and often killed by mites.
24.16 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 should be sprayed in March and again in May. On-going inspections are necessary to determine if there is a summer brood. 55136.00200\29454846.1
(BB&K2017)
Exhibit "A"-44
Item: 14
219
24.17 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 tolerate epidemics of snails.
24.18 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.
24.19 The Contractor shall establish a continuing program to control insects and rodents.
24.20 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
24.21 Monthly, the Contractor shall complete a pesticide spray log for any pesticides used.
24.22 When using pesticides, the instructions on the label shall be followed explicitly and special care shall be exercised in application
24.23 Contractors 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.
24.24 All methods employed to perform Rodent Control shall conform to all federal, state, and county environmental regulations.
24.25 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.
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. 55136.00200\29454846.1
(BB&K2017)
Exhibit "A"-45
Item: 14
220
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.
24.26 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.
24.27 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:
24.28 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.
24.29 Equipment required for bait application shall consist of a probe, pail, tablespoon, waterproof gloves, respirator, and probing bait run.
24.30 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.
24.31 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.
24.32 Contractor may also, at his cost hire a licensed private pest control company to conduct rodent control in City Parks. Contractor will need to provide to the City company name, address, contact person, contact person's phone number and proper insurance. Any damage caused by private pest control companies shall be repaired at landscape contractor's expense.
Failure to comply with the scope of work for Disease, Pest, and Rodent Control shall be $400 per incident per day.
25.00 LITTER, LEAF I and DEBRIS CONTROL
25.01 During the fall season, the Landscape Maintenance Contractor shall provide weekly pick-up of fallen leaves after the initial request to begin is given by the City.
25.02 Remove all litter, paper, cans, bottles, glass, trash, animal feces, undesirable materials, silt and other accumulated debris from all areas to be maintained including Canada.
Removing litter shall occur on a daily basis.
25.03 Complete policing, litter pick up and supplemental hand sweeping of median edges, corners and other areas inaccessible to power equipment shall be accomplished to ensure a neat appearance.
25.04 Accumulation of dead plant material, leaves and debris shall be removed, from all landscaped areas except as specifically directed by the City. 55136.00200\29454846.1
(BB&K2017}
Exhibit "A"-46
Item: 14
221
25.05 Raking should not be used in ground cover or mulched areas except to remove heavy accumulation of leaves and debris. When raking is necessary, it should be done lightly, taking care not to damage plants or displace mulch.
25.06 Increases in frequencies of clean-ups for seasonal plant defoliation or clean-up such as such as hanging or fallen tree limbs, leaves, branches, and tree bark after storms shall be the City's responsibility.
25.07 The Contractor shall employ appropriate safety equipment and procedures for litter removal.
25.08 The Contractor shall remove all illegal and private signs advertising garage sales, real estate, etc. on a daily basis. The removed signs shall be returned to the City. Posting of such signs are in violation of Municipal Ordinance.
25.09 All material which is picked up during cleaning shall be disposed of by the Contractor in a lawful manner. All green waste must be disposed of and landfill diversion reports submitted to the City.
Failure to comply with the scope of work for Litter, Lead, and Debris Control shall be $400 per incident per day.
SPECIAL PROVISIONS TO THE MAINTENANCE AGREEMENT
1.00 1.01
2.00 2.01
GUARANTEE AND/OR REPLACEMENT POLICY
The contractor has the ultimate responsibility to ensure that all landscaping and turf grass is maintained in healthy and aesthetically pleasing condition. All new plant material and irrigation installations shall be guaranteed for a period of one calendar year except due to "Acts of God", i.e., damage or death of plant material due to wind, storm, vandalism, theft, or other willful acts over which the maintenance contractor has no control. Existing plants shall be replaced by Contractor at the Contractor's expense, if it is determined by City that they died due to Contractor's negligence. All existing plant material that dies as a result of contractor negligence shall be replaced at the Contractor's expense. All irrigation system components that fail or break as a result of contractor negligence shall be replaced by the contractor at his expense.
LANDFILL DIVERSION
Contractor shall be responsible for the recycling of all green waste generated from maintenance operations within the City. Green wastes shall be diverted from County Landfill to an approved reclamation site and processed for recycling.
Schedule B - Tree and Plant Material Installed Costs
Item Description Estimated Unit Price Total
Quantity/Unit
55136.00200\29454846.1
{BB&K 2017)
Exhibit "A"-47
Item: 14
222
2.02 Contractor shall submit a Landfill Diversion Report on a monthly and annual basis to the City. Reports shall be filled out in full on a monthly basis.
3.00 CONTRACTOR'S STAFF AND TRAINING
3.01 Each crew of Contractor's employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section, a crew is understood to be any individual worker or group of workers who might service any site without other Contractor's supervisory personnel present.
3.02 Contractor shall provide the following minimum staffing levels to service this contract:
• 1 Supervisor/Superintendent
• 4 lrrigators plus 2 helpers
• 1 Arborist
• 1 QAC
• 3 Foreman
• 15 Laborers
3.03 The City may at any time order any of the Contractor's personnel removed from the premises when, in the reasonable belief of the City, said Contractor's personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the City or the public patronizing the premises
3.04 The Contractor shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the Contractor's company name and employee name badges as approved by the City.
Sufficient changes shall be provided to present a neat and clean appearance of the Contractor's personnel at all times. Shirts shall be worn and buttoned at all times.
Contractor's personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. Brightly colored traffic vests or reflectors shall be worn when personnel are working near vehicular traffic.
3.05 The Contractor's staff must meet the minimum listed qualifications to perform work for the City under this agreement.
• QAC Qualified Applicator on the regular maintenance crews For Tree pruning services:
• ISA Tree Worker certification preferred for all crewmembers. • ISA Tree Worker certification and ISA Arborist certification required for Foreman of each crew.
3.06 The Contractor shall supply a dedicated crew other than the normal maintenance crew for the follow areas of maintenance:
• 1-5 at El Toro Road and 1-5 at Lake Forest on and off ramps including the planters along El Toro Road within the Arbor's area on Mondays, Wednesdays and Fridays. 55136.00200\29454846.1
(BB&K 2017)
Exhibit "A" -48
Item: 14
223
• Quarterly ADA safety trims and sidewalk clearing.
• Alton Road mitigation basin twice a month and available as needed. • Four additional crew members during the months of April through November. • Any special projects or extra work.
3.07 The Contractor's staff will be required to work in a semi-autonomous manner. The Contractor's staff will be required to interact in a businesslike and professional manner with City staff and members of the public.
4.00 EXTRA WORK
4.01 All extra work shall not be completed by normal maintenance crews. Extra work includes any and all landscape areas within the City, as well as locations described in this RFP.
Extra work can include emergency Contractor will be required to provide separate crews to provide all extra work. Regularly scheduled maintenance work shall be completed in conjunction with extra work and cannot be postponed in order to complete extra work.
5.00 SAFETY
5.01 The Contractor shall provide safe access and egress for City of Lake Forest employees or members of the public while work is in progress at City facilities. The Contractor agrees to be responsible for providing and installing any safety or cautionary equipment necessary to prevent unauthorized access to work areas including common public areas.
5.02 For duties within the public right-of-way, the Contractor shall submit traffic control plans for the City's review and approval. Once approved the Contractor shall provide and install traffic control per the approved plans. Failure to install per the approved plans can result in a stop work notice and may result in deductions.
6.00 TRAFFIC CONTROL
6.01 Prior to any work in the public right-of-way, the Contractor shall submit typical traffic control plans for approval for work performed in the City right-of-way. The Contractor shall submit supplementary traffic control plans for unusual circumstances that are out of the ordinary for right-of-way maintenance. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices {latest version). The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. Payment shall be included in the unit price and no additional payments will be made.
6.02 When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way shall be removed from the traveled way and shoulder at the end of the work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the City Traffic Engineer, within the limits of the right-of-way.
55136.00200\29454846.1
(BB&K 2017)
Exhibit "A"-49
Item: 14
224
6.03 The Contractor shall comply with all requirements of the City Traffic Engineer and shall bear all costs of required traffic control including, but not limited to signs, cones, portable markers, flagmen, etc.
7.00 USE OF CHEMICALS
7.01 All work involving the use of chemicals shall be in compliance with all Federal, State, and local laws and will be accomplished by or under the direction of a State of California Licensed Pest Control Operator.
7.02 Chemical applications shall strictly conform to all governing regulations. Contractor's staff applying chemicals shall possess all required licenses and certifications.
7.03 Records of all operations, including applicators names stating dates, times, methods of application, chemical formulations, and weather conditions shall be made and retained according to governing regulations.
7.04 All chemicals requiring a special permit for use must be registered with the County Agricultural Commissioner's Office and a permit obtained.
7.05 Material Safety Data Sheets (MSDS) and sample labels shall be provided to the Public Works Manager for all products and chemicals used within the City.
8.00 COMMUNICATIONS AND EMERGENCY RESPONSE
8.01 The Contractor shall, during the term of this Contract, maintain two seven {7) days per week twenty-four {24) hour emergency telephone numbers, toll free to an Orange County region area code, at which the Contractor or Contractor's responsible employee may be contacted at any time, twenty-four hours per day, to take the necessary action regarding all inquiries, complaints and the like, that may be received from the City or other City personnel. For hours beyond a normal 8:00 a.m. to 5:00 p.m. business day, an answering service shall be considered an acceptable substitute for full time twentyfour hour coverage, provided that the Contractor responds to the City by return call within one hour of the City's original call and arrive onsite within two hours of the original call. Failure to respond will lead to possible deductions.
8.02 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the City. If any complaint is not abated within 24 hours, the Contractor shall notify the City immediately of the reason for not abating the complaint followed by a written report within five (5) working days. If the complaints are not abated within the time specified or to the satisfaction of the City, the City may correct the specific complaint and the total cost incurred will be deducted and forfeit from payments owing to the Contractor from the City.
8.03 The Contractor shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non-action. Said log of complaints shall be available for review at the discretion of the City at all reasonable times.
8.04 All requests for emergency services shall require a qualified technician to be dispatched to the required location as soon as possible after notification; but in all cases within two (2) hours, to the satisfaction of the City. If any emergency service request is not 55136.00200\29454846.1
(BB&K2017)
Exhibit "A"-50
Item: 14
225
responded to in two (2) hours, the City shall be notified immediately of the reason for not meeting the required response time followed by a written report to the City within two (2) working days.
8.05 Whenever immediate action is required to prevent possible injury, death, or property damage, City may, after reasonable attempt to notify the Contractor, cause such action to be taken by alternate work forces. As determined by the City, charge the cost thereof to the Contractor, or deduct such cost from any amount due to the Contractor. This deduction shall include a markup for administrative costs equal to fifteen (15) percent of the actual costs incurred.
9.00 NON-INTERFERENCE - NOISE
9.01 Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed.
9.02 In the event that the Contractor's operations must be performed when persons of the public are present, Contractor shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area.
9.03 Contractor shall be subject to local ordinances regarding noise levels with regard to equipment operations. Contractor shall not use any power equipment prior to 7:00 a.m. or later than 10:00 p.m., except under emergency circumstances. Further, any schedule of such operations may be modified by Public Works Manager in order to insure that the public is not unduly impacted by the noise created by such equipment.
10.00 CONTRACTOR'S DAMAGES
10.01 All damages incurred to existing facilities, medians, roadsides, parks or trails area trees by the Contractor's operation shall be reported in writing by the end of the working day.
All damages shall be repaired or replaced, by the Contractor, all at the discretion of the Public Works Manager, all at the Contractor's expense.
10.02 All damages to trees, landscape, turf, facilities, equipment, irrigation systems, roadways, parks, or trails areas shall be repaired or replaced within five (5) working days.
10.03 Damaged trees and shrubs shall be repaired or replaced in-kind, in accordance with the following maintenance practices:
A. Trees: Minor damage such as bark lost from impact of operating equipment shall be remedied by a qualified tree surgeon or arborist. If damage results in loss or significant compromise to the health or quality of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of the Public Works Manager.
The Contractor will replace and be held liable for any damages done to trees due to poor management procedures (i.e., improper staking, damage done by not removing tie wires, improper pruning, etc.).
If, in the opinion of the Public Works Manager, the newly planted tree dies as a direct result of neglect, inadequate care, or inadequate maintenance, the replacement item and required labor shall be provided by the Tree Maintenance Contractor, at no cost 55136.00200\29454846.1
(BB&K 2017)
Exhibit "A"-51
Item: 14
226
to the City. This includes material newly planted and material, which has been planted. Replacement must be of comparable size and species.
B. Shrubs: Minor damage may be corrected by appropriate pruning. Major damage shall be corrected by removal of the old plant material and replacement with new plant material as approved by the City.
C. Adjacent turf and groundcover: Minor damage may be corrected by appropriate amending, leveling and over seeding damaged areas. Major damage shall be corrected by removal and replacement of the sod. Minor groundcover damage shall be corrected by appropriate pruning. Major damage shall be corrected by removal of the old plant material and replacement with new plant material identical to the damaged plant material.
D. Adjacent Improvements: The Contractor shall report any damage to the City at the end of each working day in writing. The Contractor shall remove and replace all surface and hardscape improvements damaged by its work. All damaged improvements shall be replaced in accordance with City of Lake Forest standards. The Contractor shall be fully licensed for the type of repair work being performed or shall employ a subcontractor licensed in the discipline required.
55136.00200\29454846.1
(BB&K 2017)
Exhibit "A"-52
Item: 14
227
1.0 1.01
1.02 1.03
2.00 2.01
3.00 3.01
EXHIBIT "B"
SCHEDULE OF MAINTENANCE SERVICES
HOURS AND DAYS OF MAINTENANCE SERVICES
The basic daily hours of maintenance service shall be 9:00 a.m. to 3:00 p.m. on main or arterial streets and 8:00 a.m. to 5:00 p.m. on residential streets as well as within the City's parks, which shall be considered normal work hours as may pertain to any other provision of the Contract. Any changes in the hours of operation heretofore prescribed shall be subject to approval by the Public Works Manager.
Contractor shall provide staffing to perform the required maintenance services during the prescribed hours five (5) days per week, Monday through Friday. Any changes in the days of operation heretofore prescribed shall be subject to approval by the Public Works Manager.
The use of power tools is prohibited daily between 10:00 p.m. and 7:00 a.m., and all day on Sundays and Holidays, except under emergency circumstances as approved by the Public Works Manager.
HOLIDAY SCHEDULES
In observance of City Holiday's, City Hall will be closed as follows (observance days subject to change each calendar year):
New Year's Day
Martin Luther King Jr Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
MEDIANS, PARKWAYS. AND SLOPE MAINTENANCE
The scope of work for medians, parkways, and slope landscape maintenance shall be completed on a weekly basis. Failure to comply with the scope of work for landscape maintenance shall result in a performance deduction.
4.00 MAINTENANCE SCHEDULES
4.01 Contractor shall assist the City with developing a recommended annual pruning program including personnel and vehicles that would be required to complete the project.
4.02 The Contractor shall provide the Public Works Manager and Landscape Inspectors with a weekly schedule submitted the Friday before the week of the scheduled work. The premises shall be maintained to the highest of standards at no less than the frequencies set forth herein.
55136.00200\29454846.1
(BB&K 2017)
Exhibit "B"-1
Item: 14
228
EXHIBIT "C"
COMPENSATION
Contractor shall be paid for work as described in Exhibit "A" Scope of Services a not to exceed amount of one million one hundred fifty eight thousand eight thousand eight hundred seventy six dollars and twelve cents ($1,158,876.12) based on the following schedule.
Schedule A:
Item Description No.
1 Bake Pkwy from Jeronimo Rd.
to Toledo Way
2 Bake Pkwy from Toledo Way to
Trabuco Rd.
3 Dimension Dr. from Lake
Forest Dr. to Linear Ln.
El Toro Rd. from Santa
4 Margarita Pkwy to 2,415 ft.
south
5 Jeronimo Rd. from Jeronimo Ln
to Lake Forest Dr.
6 Jeronimo Rd. from Jeronimo
Ln. to Lake Forest Dr.
7 Jeronimo Rd from Shadowfax
Dr. to Eldamar Ave.
8 Lake Forest Dr. from Rockfield
Blvd. to Muirlands Blvd.
9 Lake Forest Dr. from Muirlands
Blvd. to Overlaks Dr.
10 Lake Forest Dr. from Jeronimo
Rd. to Toledo Way
11 Lake Forest Dr. from Toledo
Way to Serrano Rd.
12 Lake Forest Dr. from Old
Trabuxo Rad to Newvale Dr.
13 Lake Forest Dr.
14 El Toro Rd. west of Muirlands
Dr.
15 El Toro Rd. east of Muirlands
Dr.
55136.00200\29454846.1
(BB&K2017)
Units Item Price Annual Total
12 $439.08 $5,268.96
12 $177.72 $2,132.64
12 $94.09 $1,129.08
12 $679.54 $8,154.48
12 $418.18 $5,018.16
12 $209.09 $2,509.08
12 $365.90 $4,390.80
12 $533.17 $6,398.04
12 $53.83 $645.96
12 $355.45 $4,265.40
12 $679.54 $8,154.48
12 $41.82 $501.84
12 $31.36 $376.32
12 $10.45 $125.40
12 $10.45 $125.40
Exhibit "C"-1-
Item: 14
229
16 Lake Forest Dr. from 241 12 $129.01 $1,548.12 Tollroad to Dimension 17 Lake Forest Dr. from Sterling 12 $20.91 $250.92 Dr. to Fernleaf Dr. 18 Lake Forest Dr. from Fernleaf 12 $41.82 $501.84 Dr. to entrance of Ridgecliff 19 Lake Forest Dr. from entrance 12 $31.36 $376.32 of Ridgecliff to Pittsford Dr. 20 Lake Forest Dr. from Pittsford 12 $31.36 $376.32 Dr. to Vintage Woods Rd. 21 Lake Forest Dr. from County 12 $62.73 $752.76 Glenn to Autumn Glenn 22 Ridge Route Dr. from Gowdy 12 $823.00 $9,876.00 Ave. to Muirlands Blvd.
Ridge Route Dr. from
23 Muirlands Blvd to AT&SF 12 $31.36 $376.32
Railroad
Ridge Route Dr. from
24 Muirlands Blvd to AT&SF 12 $177.72 $2,132.64
Railroad
Ridge Route Dr. from (northeas
25 side) Lake Forest I Clubhouse 12 $82.00 $984.00
to Overlake Dr.
Ridge Route Dr. from (northeas
26 side) Lake Forest I Clubhouse 12 $250.91 $3,010.92
to Overlake Dr.
27 Ridge Route Dr. from AT&SF 12 $167.27 $2,007.24 Railroad to Jeronimo Rd 28 Ridge Route Dr. from Jeronimo 12 $146.36 $1,756.32 to Costa Bella 29 Trabuco Rd. from Lake Forest 12 $658.63 $7,903.56 Dr. to El Toro Rd. 30 Trabuco Rd. from 385 ft. north 12 $83.64 $1,003.68 to Manalastas Dr.
Between Toledo Way and
31 Toledo Ln. Bake Pkwy. To 12 $167.27 $2,007.24
Clubhouse 11, Inside The Keys
Between Toldeo Way and
32 Toledo Ln. from Bake Pkwy. To 12 $62.73 $752.76
Clubhouse 11, Inside The Keys
33 Bake Pkwy. (east side) from 12 $1,202.26 $14,427.12 Jeronimo Rd. to Toledo Way 34 Ridget Route Dr. from 12 $522.72 $6,272.64 Rockfield Dr. to Elrond 55136.00200\29454846.1
Item: 14
230
El Toro Rd. (both sides) from
35 Raton Rd. northerly to 630 ft. 12 $2,927.23 $35,126.76 east of Railroad Overpass
36 El Toro Rd. (south side) form 12 $627.26 $7,527.12 Aliso Park Dr. to Trabuco Rd.
El Toro Rd. and Aliso Park Dr.
37 northerly from Aliso Park Dr. 12 $313.63 $3,763.56 800 ft. and the area between El Toro Rd. and bike trail
38 El Toro Rd. (south side) form 12 $3,554.50 $42,654.00 Raintree Ln. west on bike trail 39 El Toro Rd. (south side) from 12 $418.18 $5,018.16 Raintree Ln west on bike trail El Toro Rd. (east side) from
40 Raintree Ln. to 125 ft. west of 12 $930.44 $11,165.28 Desty Ln.
El Toro Rd. (east side) form
41 Rainree Ln. to 125 ft west of 12 $345.00 $4,140.00
Desty Ln.
42 Serano Rd. (east side) across 12 $313.63 $3,763.56 from Wager El Toro Rd. (south side) 1,300
43 ft. east of Summerwood 12 $313.63 $3,763.56
easterly 400 ft.
El Toro Rd. (south side) 1,300
44 ft. east of Summerwood 12 $2,195.42 $26,345.04
easterly 400 ft.
El Toro Rd. (south side) from
45 Summerwood Way east to 12 $1,149.98 $13,799.76
Normandale Dr.
El Toro Rd. (south side) from
46 Summerwood Way east to 12 $1,777.25 $21,327.00
Normandale Dr.
El Toro Rd. (south side) form
47 Normandale Dr. and Glen 12 $679.54 $8,154.48
Meadows Dr.
El Toro Rd. (southside) from
48 Normandale Dr. and Glen 12 $574.99 $6,899.88
Meadows Dr.
El Toro Rd. (south side) from
49 Glen Meadows Dr. to Santa 12 $470.45 $5,645.40
Margarita Pkwy.
55136.00200\29454846.1
Item: 14
231
El Toro Rd. {south side) from
50 Glen Meadows Dr. to Santa 12 $250.91 $3,010.92
Margarita Pkwy.
Jeronimo Rd. {west side) from
51 200 ft. north of Heidi Ave. to 12 $386.81 $4,641.72
Bake Pkwy. then west 760 ft.
52 Jeronimo Rd. {east side) from 12 $836.35 $10,036.20 Bake Pkwy. To Lake Forest Dr. 53 Jeronimo Rd. {east side) from 12 $104.54 $1,254.48 Lake Forest Dr. to Anthony Dr. 54 Jeronimo Rd. {east side) from 12 $167.27 $2,007.24 Ridge Route to Rivendell Rd. 55 Jeronimo Rd. {east side) from 12 $41.82 $501 .84 Cherry Ave. to Aliso Creek Lake Forest Dr. {south side)
56 from Muirlands Blvd. to 12 $2,007.24 $24,086.88
Overlake Dr.
Lake Forest Dr. {west side)
57 form AT&SF Railroad to 12 $878.17 $10,538.04
Jeronimo Rd.
Lake Forest Dr. {south side)
58 from Jeronimo Rd. to Toledo 12 $156.82 $1,881.84
Way
Lake Forest Dr. {north side)
58 from Shadyvale Ln. to Serrano 12 $470.45 $5,645.40
Rd.
Lake Forest Dr. {south side)
60 form Toledo Way to Buffwood 12 $836.35 $10,036.20
Way
61 Lake Forest Dr. {south side) 12 $1,568.16 $18,817.92 from Buffwood Way to Chinook 62 Lake Forest Dr. {south side) 12 $83.64 $1,003.68 from Chinook to 395 ft. east 63 Serrano Rd. {west side) to 12 $669.08 $8,028.96 Shasta Lake Rd. 64 Serrano Rd. {east side) from 12 $836.35 $10,036.20 Lake Forest Dr. to Mohawk Dr.
Serrano Rd. {east side) form
65 Shoshone Dr. to Ridge Route 12 $177.72 $2,132.64
Dr.
66 Serrano Rd. {north side) from 12 $209.09 $2,509.08 Greenwood Ln. to Silver Spur 67 Toledo Way from clubhouse II 12 $334.54 $4,014.48 to 800 ft. north 55136.00200\29454846.1
Item: 14
232
68 Toledo Way (east side) form 12 $480.90 $5,770.80 Lake Forest Dr. to Rimview Toledo Way (west side) from
69 Elkwood east to end of block 12 $710.90 $8,530.80 wall then Elkwood west to 50 ft. (within fenced area)
Toeldo Way (east side) form
70 Timberland Way south to 400 12 $104.54 $1,254.48
ft.
Muirlands blvd. (east side) from
71 Lake Forest Dr. to Murin Isle 12 $1,986.34 $23,836.08 Ln.
Muirlands Blvd. (west side)
72 from Dylan Ave. to Ridge 12 $115.00 $1,380.00
Route Dr.
Muirlands Blvd. (east side)
73 form Lourmond Dr. to Entrados 12 $554.08 $6,648.96
Dr.
Muirlands Blvd. (east side)
74 from Entrados Dr. to La Vaca 12 $167.27 $2,007.24
St.
75 Muirlands Blvd ( east side) form 12 $188.18 $2,258.16 Entrados Dr. to Cavanaugh Rd. 76 Muirlands Blvd (west side) fom 12 $240.45 $2,885.40 El Gato Way to El Toro Rd.
Muirlands Blvd. (west side)
77 from El Gato Way to El Toro 12 $188.18 $2,258.16
Rd.
78 Ridge Route Dr. (south side) 12 $522.72 $6,272.64 from Rockfield Blvd. to El Rond 79 Ridge route Dr. (south side) 12 $230.00 $2,760.00 form Coleford to Tunnel 80 Ridge Route Dr. (south side) 12 $10.45 $125.40 from Jeronimo to Costa Bella Ridge Route Dr. (north side)
81 form AT &SF Railroad to 12 $982.71 $11,792.52
Jeronimo Rd.
Ridge Route Rd. (south side)
82 from AT&SF Railroad to 12 $146.36 $1,756.32
Jeronimo Road
Ridge Route Dr. (north side)
83 from Serrano Rd. to Shoshone 12 $104.54 $1,254.48
Dr.
Ridge route Dr. (north side)
84 from Shoshone Dr. to Trabuco 12 $83.64 $1,003.68
Rd.
55136.00200\29454846.1
Item: 14
233
Ridge Route Dr. (south side)
85 from Serrano Rd. to Chapparral 12 $83.64 $1,003.68
St.
Ridge Route Dr. (south side)
86 from Chapparral Ln. to Trabuco 12 $240.45 $2,885.40
Rd.
87 Los Alisos (south side) from 12 $1,296.35 $15,556.20 Muirlands to AT&SF Railroad 88 Trabuco Rd. (east side) from 12 $522.72 $6,272.64 northeast corner of Treeline 89 Trabuco Rd. (west side) from 12 $875.56 $10,506.72 Ridge route Dr. to north end Trabuco Rd. (west side) from
90 Ridge Route Dr. southerly 12 $459.99 $5,519.88
1,250 ft.
Route Lake Forest Dr. ( east
91 side), Old Trabuco Rd. to 12 $209.09 $2,509.08
Trabuco Rd.
Route Lake Forest Dr. (east
92 Side), Old Trabuco Rd. to 12 $1,045.44 $12,545.28
Trabuco Rd.
Trabuco Rd. (east side) from
93 385 ft. north to 70 ft. south of 12 $104.54 $1,254.48 Manalastas
94 El Toro Rd. (north side) from 12 $261.36 $3,136.32 Toledo Way to Serrano Rd. 95 El Toro Rd (north side) from 12 $271.81 $3,261.72 Toledo Way to Serrano Rd. 96 El Toro Road (south side) from 12 $167.27 $2,007.24 Toledo Way to Serrano Rd. 97 El Toro Road (south side) form 12 $73.18 $878.16 Toledo Way to Serrano Rd. 98 Cherry Ave. from Princeton 12 $167.27 $2,007.24 Way to Trabuco Rd. 99 Chery Ave. from Princeton Way 12 $73.18 $878.16 to Trabuco Rd.
Trabuco Rd. (east side) from El
100 Toro Rd. to apartment complex 12 $52.27 $627.24
entrance
101 El Toro Rd. (south side) from 12 $167.27 $2,007.24 Trabuco to Serrano 102 El Toro Rd. (south side) from 12 $73.18 $878.16 Trabuco to Serrano 55136.00200\29454846.1
Item: 14
234
103 Creekside Dr. {both sides) from 12 $188.18 $2,258.16 El Toro Rd. to Sunlight Creek Ridge Route Dr. {south side)
104 from Gowdy Ave. to Rockfield 12 $480.00 $5,760.00
Blvd.
Ridge Route Dr. {north side)
105 from Rockfield Blvd. to 12 $418.18 $5,018.16
Muirlands Blvd.
Ridge Route Dr. {south side)
106 from Jeronimo Rd. to Costa 12 $73.18 $878.16
Bella Dr.
Ridge Route Dr. {north side)
107 from 75 ft. west of Costa Bella 12 $94.09 $1,129.08 Dr. to 75 ft. east of Costa Bella Dr.
108 Chaparral Ln. {east side) from 12 $10.45 $125.40 Lantern Ln. to Chestnut Lake Forest Dr. {south side)
109 from Rockfield Blvd. to Aspan 12 $156.82 $1,881 .84 St.
Lake forest Dr. {south side)
110 from Aspan St. to Mountain 12 $1,108.17 $13,298.04
View apartments
111 Rockfield Blvd. { east side) form 12 $156.82 $1,881 .84 Lake Forest Dr. to Boeing Ln. 112 Rockfield Blvd. {east side) from 12 $125.45 $1,505.40 Boeing Ln. to Ridge Route Dr. 113 Rockfield Blvd. { east side) from 12 $198.63 $2,383.56 Ridge Route Dr. to Gongor Dr. 114 Rockfield Blvd {east side) from 12 $219.54 $2,634.48 Gondor Dr. to Duaea Dr.
Rockfield Blvd {west side) from
115 Ridge Route Dr. to White Dove 12 $554.08 $6,648.96
St.
116 Rockfield Blvd {west side) from 12 $10.45 $125.40 White Dove St. to 250 ft. south Los Alisos Blvd. {north side)
117 form Jeronimo Rd. to 500 ft. 12 $73.18 $878.16
easterly
Jeronimo Rd. {east side) from
118 Laurelwood St. to Los Alisos 12 $73.18 $878.16
Blvd.
119 Jeronimo Rd. {west side) from 12 $653.40 $7,840.80 Ridge Route Dr. to Tunnel 55136.00200\29454846.1
Item: 14
235
Jeromino Rd. (east side) from
120 Woodshadow Ln. east to 12 $522.72 $6,272.64
Rollingwood Rd.
121 Laurelwood St. from north end 12 $20.91 $250.92 of block wall 122 El Toro Rd. (south side) from 12 $271.81 $3,261.72 Destry to Normandale 123 El Toro Rd (south side) from 12 $146.36 $1,756.32 Destry to Normandale 124 Jeronimo Rd. (west side) from 12 $220.00 $2,640.00 Lake Forest Dr. to Eagle St. 125 Toledo Way (west side) from 12 $209.09 $2,509.08 Lake Forest Dr. to Eagle St. 126 Serrao Rd. (west side) from 12 $73.18 $878.16 lake Forest Dr. to Dayton Rd. 127 Serrano Rd. (east side) from 12 $104.54 $1,254.48 Mohawk Rd. to Shoshone Dr. 128 Serrano Rd. (west side) from 12 $10.45 $125.40 School Boundary to Wagner St. 129 Serrano Rd. (west side) from 12 $20.91 $250.92 Wagner St. to El Toro Rd. 130 Cherry Ave. (south side) from 12 $104.54 $1,254.48 Esrose Court to Mina Court 131 Cherry Ave. (south side) from 12 $104.54 $1,254.48 Mina Court to 2nd Ave. 132 Old Trabuco Rd. (west side) 12 $522.72 $6,272.64 from Lake Forest Dr. to end 133 Santa Margarita Pkwy from El 12 $6,795.36 $81,544.32 Toro Rd. to City Limit 134 Santa Margarita Pkwy from El 12 $31.36 $376.32 Toro Rd. to City Limit 135 El Toro Rd. from Portola to 12 $94.09 $1,129.08 east End of City 136 Lake Forest Dr. (north side) 12 $418.18 $5,018.16 from Toledo to Serrano Rd. 137 Serrano Rd. (east side) across 12 $10.45 $125.40 from Silver Spur Trabuco Rd. (east side) from
138 Cemetery to 1,000 ft. past 12 $104.54 $1,254.48
Rimview
139 The Arbors, El Toro from 1-5 to 12 $115.00 $1,380.00 Muirlands Blvd. 140 The Arbors, El Toro from 1-5 to 12 $2,901.10 $34,813.20 Muirlands Blvd. 55136.00200\29454846.1
Item: 14
236
141 Lake Forest Dr. to Railroad 12 $2,613.60 $31,363.20 Grade Separation 142 Trabuco Rd. from Lake Forest 12 $1,097.71 $13,172.52 Dr. to Bake Pkwy. 143 Trabucol Rd. form Lake Forest 12 $1,097.71 $13,172.52 Dr. to Bake Pkwy. 144 Alton Pkwy. From Towncenter 12 $637.72 $7,652.64 Dr. to Dimension 145 Jeronimo Rd. from El Toro to 12 $752.72 $9,032.64 Los Alisos 146 Rockfield from El Toro Rd. to 12 $637.72 $7,652.64 Los Alisos 147 Rancho Pkwy. from Lake 12 $637.72 $7,652.64 Forest Dr. to Portola Pkwy. 148 Alton Parkway Mitigation Basin 12 $170.48 $2,045.76 149 Alton Parkway Medians 12 $57.24 $686.88
150 Muirlands/Los Alisos - Empty 12 $14.52 $174.24 Lot
151 Pedroso open space 12 $35.03 $420.36
152 Normandale open space 12 $19.65 $235.80
153 Saddleback Ranch Road 12 $16.23 $194.76 Medians
154 Broken Bow open space 12 $70.06 $840.72
155 Whispering Hills Park Site 12 $15.38 $184.56
156 Portola Parkway Medians 12 $28.20 $338.40 (SR241-EI Toro) 157 Mamie Thomas Parcel 3 $27.34 $82.02
158 Jeronimo Road Slope 12 $11.96 $143.52
Schedule A - Maintenance $884, 113.62 Costs
Schedule B:
Item Description Units Item Price Annual Total No.
1 Fifteen (15) gallon tree with 400 $90.00 $36,000.00 stakes and ties 2 Twenty-four (24) inch box 100 $150.00 $15,000.00 tree with stakes and ties 3 Thirty-six (36) inch box tree 25 $300.00 $7,500.00 with stakes and ties 4 Annual Color 400 $15.00 $6,000.00
55136.00200\29454846.1
Item: 14
237
5 Ground Cover 1,000 $15.00 $15,000.00
6 One (1) Gallon Shrub 2,000 $7.50 $15,000.00
7 Five (5) Gallon Shrub 1,000 $15.00 $15,000.00
8 Fifteen (15) Gallon Shrub 400 $45.00 $18,000.00
9 Seeded Turf 50,000 $0.15 $7,500.00
10 Sodded Turf 50,000 $0.75 $37,500.00
11 Stolonized Turf 800 $0.30 $240.00
12 Tree Trimming per ASA 200 $150.00 $30,000.00 Standards All Sizes 13 Tree Removals All Sizes 100 $200.00 $20,000.00
14 Install Mulch 1,000 $0.25 $250.00
Schedule B -Tree and Plant $222,990.00 Material Installed Costs Schedule C:
Item Description Units Item Price Annual Total No.
1 Hunter 1-40 Pop Up 35 $39.00 $1,365.00
2 Hunter 1-25 Pop Up 125 $33.00 $4,125.00
3 Hunter 1-20 Pop Up 175 $31.00 $5,425.00
4 Hunter 1-10 175 $0.90 $157.50
5 Hunter PGH 12" Pop Up 130 $33.00 $4,290.00
6 Hunter PGP ADJ Pop Up 325 $29.00 $9,425.00
7 Rain Bird 1804 SAM PRS 75 $14.50 $1,087.50 WNAN Nozzle 8 Rain Bird 1806 SAM PRS 75 $16.00 $1,200.00 WNAN Nozzle 9 Rain Bird 1812 SAM PRS 75 $18.00 $1,350.00 WNAN Nozzle 10 Rain Bird 1" RCV GB-Series 10 $265.50 $2,655.00
11 Rain Bird 1-1/2" RCV GB 10 $292.50 $2,925.00 Series
12 Rain Bird 2" RCV GB Series 10 $315.00 $3,150.00
13 Superior 3" Non Pressure 5 $337.50 $1,687.50 Regulating Brass Valve 14 Rain Bird 3" - RC Quick 15 $45.00 $675.00 Coupling Valve 15 Rain Bird 1" 44-RC Quick 10 $49.50 $495.00 Coupling Valve 16 Plastic/Rectangular RCV 50 $22.50 $1,125.00 BoxW/Lid 55136.00200\29454846.1
Item: 14
238
17 Plastic/Round QCV Box 25 $18.00 $450.00 W/Lid
18 Rain Bird 1" Valve 30 $54.00 $1,620.00 Replacement Diaphragm 19 Rain Bird 1-1/2" Valve 15 $58.50 $877.50 Replacement Diaphragm 20 Rain Bird RCV Replacement 15 $40.50 $607.50 Solenoid 21 Rototill 7,500 $0.14 $1,050.00
22 Soil Test 30 $126.00 $3,780.00
23 Mechanical Trenching 1,000 $2.25 $2,250.00
Schedule C - Repair Costs $51,772.50
Labor rates for and requested extra maintenance work:
Normal Emergency
Item Description Units Business Response/
No. After Hours Hours Rate Rate
1 Landscape Maintenance
n/a $50.00 $75.00 Supervisor
2 Landscape Foreman n/a $30.00 $45.00
3 Irrigation Specialist n/a $35.00 $52.50
4 Landscape Maintenance
n/a $25.00 $37.50 Laborer
5 Certified Arborist n/a $200.00 $300.00
6 QAC n/a $45.00 $67.50
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.
55136.00200\29454846.1
Item: 14
239
1.1 Insurance.
EXHIBIT "D"
INSURANCE REQUIREMENTS
1.1.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the contractor's operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5,000,000 per loss and $10,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
55136.00200\29454846.1
(BB&K 2017)
Exhibit "D"-1-
Item: 14
240
1.1.3 Endorsements. 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:
(A) Commercial General Liability and Contractor's Pollution Liability:
(1) 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. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
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 terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability 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.
1.1.5 Waiver of Subrogation. All required 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 these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 55136.00200\29454846.1
(BB&K 2017)
Exhibit ·o· -2-
Item: 14
241
1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
1.1. 7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. 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 approval. The certificates and 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.
1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
1.1.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current AM. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
1.1.10 Enforcement of Contract Provisions (non estoppal). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.
1.1.11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor's subcontractors performing work relating to this 55136.00200\29454846.1
(BB&K2017)
Exhibit "D" -3-
Item: 14
242
Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor's compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 55136.00200\29454846.1
(BB&K 2017)
Exhibit ·o· -4-
Item: 14
243
Attachment 2
Item: 14
244
Item: 14
245
Item: 14
246
Item: 14
247
Item: 14
248
Item: 14
249
Item: 14
250
Item: 14
251
Item: 14
252
Item: 14
253
Item: 14
254
Item: 14
255
Item: 14
256
Item: 14
257
Item: 14
258
Item: 14
259
Item: 14
260
Item: 14
261
Item: 14
262
Item: 14
263
Item: 14
264
Item: 14
265
Item: 14
266
Item: 14
267
Item: 14
268
Item: 14
269
Item: 14
270
Item: 14
271
Item: 14
272
Item: 14
273
Item: 14
274
Item: 14
275
Item: 14
276
Item: 14
277
Item: 14
278
Item: 14
279
Item: 14
280
Item: 14
281
Item: 14
282
Item: 14
283
Item: 14
284
Item: 14
285
Item: 14
286
Item: 14
287
Item: 14
288
Item: 14
289
Item: 14
290
Item: 14
291
Attachment 3
Item: 14
292
Item: 14
293
Item: 14
294
Item: 14
295
Item: 14
296
Item: 14
297
Item: 14
298
Item: 14
299
Item: 14
300
Item: 14
301
Item: 14
302
Item: 14
303
Item: 14
304
Item: 14
305
Attachment 4
Item: 14
306
Item: 14
307
Item: 14
308
Item: 14
309
Item: 14
310
Item: 14
311
Attachment 5
Item: 14
312
Item: 14
313
Item: 14
314
Attachment 6
Item: 14
315
Item: 14
316
Item: 14
317
Item: 14
318
Item: 14
319
Item: 14
320
Item: 14
321
Item: 14
322
Item: 14
323
Item: 14
324
Item: 14
325
Item: 14
326
Item: 14
327
Item: 14
328
Item: 14
329
Item: 14
330
CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/19/2022
DEPARTMENT: Public Works
SUBJECT:
NINTH AMENDMENT TO THE AGREEMENT WITH NIEVES LANDSCAPE INC.
FOR PASSIVE PARK MAINTENANCE SERVICES
RECOMMENDED ACTION(S):
1. Approve the Ninth Amendment to the Agreement for Passive Park Landscape Maintenance Services with Nieves Landscape, Inc.
2. Authorize the Mayor to sign, and the City Clerk to attest, the Ninth Amendment substantially in the form attached
EXECUTIVE SUMMARY:
Nieves Landscape, Inc. (“Nieves”) provides Passive Park Landscape Maintenance Services under an agreement approved by the City Council on June 2, 2015. The three-year Agreement for Maintenance Services with Nieves (“Agreement”) allowed for two additional one-year extensions based upon performance. Nieves has fulfilled the five years of the original Agreement term in addition to the two additional one-year extensions approved by the City Council in 2020 and 2021. The City Council approved an additional one-year extension to the Agreement due to the difficulties of bidding a long-term maintenance contract during COVID-19. In exchange for that extension, Nieves did not raise unit prices. Nieves has offered to extend the Agreement for an additional year with no increase in unit prices at the direction of the City. The Audit Committee has recommended extending some maintenance contracts beyond the normal 5-year period provided the contractor does not raise unit pricing as a strategy to mitigate the impacts of inflation and other cost pressures.
The proposed Ninth Amendment adds $1,015,107.94 in compensation for Fiscal Year (“FY”) 2022-23 operations and extends the term of the Agreement for one year with no increase in contractual unit prices. The amendment includes a scope addition and $20,045 compensation to service the Passive Park restrooms. Additionally, the amendment includes of $34,998 for specialty SB 1383-eligible mulch and $25,800 for ordinary “consumer-grade” mulch. At this time, the procurement of SB 1383-eligible mulch is required to satisfy the organics procurement target enforced by CalRecycle. In the event CalRecycle Item: 15
331
relaxes the organics procurement requirement to satisfy petitions from municipalities, staff will procure the cheaper “consumer-grade” mulch instead for application at properties maintained under this Agreement. The procurement of mulch will restore the mulch application service that was eliminated by the Seventh Amendment to this Agreement as a cost saving measure in response to anticipated COVID-19 budget impacts. The Ninth Amendment is an increase of $1,015,107.94 from the previous fiscal year.
Staff recommends extending the Agreement by exercising the City Council’s discretionary authority to ensure that the City can continue to maintain the passive parks.
BACKGROUND:
Nieves is the City’s current contractor for landscape maintenance services at the City’s passive parks. On June 2, 2015, the City Council awarded the Agreement to Nieves with a compensation amount of $2,703,954 for landscape maintenance services with a term commencing on July 1, 2015 through June 30, 2018. Table 1 below summarizes the amendments made to the Agreement since inception.
Table 1: Nieves Agreement Amendment History
Nieves Landscape Inc. Agreement History
Agreement Note Contract Value
(Annually) Revised NTE Term Adjustment
Original
Agreement - $2,703,954 -
First
Amendment Add Dog Park $100,522 $2,804,476
Second
Amendment MPS* Services $169,873 $2,974,349
Third
Amendment
Continue MPS*
Services $758,986.61 $3,733,335.61
Fourth
Amendment First Renewal $954,629 $4,687,964.61 1-year
Extension
Fifth
Amendment
Second
Renewal $1,129,954.97 $5,817,919.58 1-year
Extension
Sixth
Amendment Third Renewal $1,039,092.68 $6,857,012.26 1-year Extension
Seventh
Amendment
Contract
Reduction ($52,688.64) $6,804,323.62 -
Eighth
Amendment Fourth Renewal $957,059.84 $7,761,383.46 1-Year Extension
Item: 15
332
Nieves Landscape Inc. Agreement History
Agreement Note Contract Value
(Annually) Revised NTE Term Adjustment
Proposed
Ninth
Amendment
Fifth Renewal $1,015,107.94 $8,776,492.00
1-Year
Extension
(Proposed)
*Medians, parkways and slopes
On December 7, 2021, the City Council amended the City’s Recycled Content Purchasing Policy to include recovered organics waste products to respond to State Mandates in SB 1383. SB 1383 requires the City to meet an annual recovered organic waste product procurement target based upon the City’s population. The City’s per-capita procurement target is 6,763 tons of the purchase of any combination of compost SB 1383-eligible mulch as determined by the State.
DISCUSSION:
Nieves provides the City with landscaping services for 22 passive parks, defined by the City as any park without sports turf or ball fields. Their scope of work includes maintaining all landscaping and turf, maintaining park irrigation systems, performing minor facility maintenance and repairs, graffiti removal, and controlling pests and weeds. The proposed Ninth Amendment would extend the term of the Agreement with no increase to contractual unit prices and would add $1,015,107.94 in total compensation. Additional scope was also added for janitorial service at the park’s restrooms and mulch procurement requirement in response to SB 1381 compliance.
Based on the City’s population, CalRecycle, the state agency charged with administering SB 1383, set a procurement target of organic material, i.e. mulch and compost, for the City at 6,763 tons. In a typical year, the City utilizes approximately 2,500 tons of mulch in its parks and open space areas. The state mandated increase of mulch procurement has two significant impacts for the City. Based on the current cost of SB 1383-eligible mulch, the City would be required to expend nearly $800,000 to meet its target. Additionally, the City would have to find new areas in which to apply the additional 4,200 tons of mulch. CalRecycle has informally stated they will only monitor jurisdictions’ procurement in 2022 and will begin enforcement in 2023 should obligations not be met. The League of California Cities is also working cooperatively with local agencies to address the organic material procurement issues with CalRecycle.
Staff recommends taking an incremental approach to this issue by modestly increasing the amount of mulch to be used in each of the City’s four landscape Item: 15
333
agreements instead of trying to achieve the target goal immediately. Staff analyzed each of the four agreements and proposes to add $100,000 worth of specialized mulch material to temporarily address SB 1383 to the current Medians, Landscapes, and Slopes (“MPS”) agreement and the Lake Forest Sports Park agreement, respectively. The two park maintenance agreements, (City-Wide Sports Parks and Passive Parks) would provide approximately $35,000 in each of their agreements for additional mulch. These allocations are intended to show a good faith effort and temporarily satisfy the SB 1383 mandates while local cities and counties continue to work with Calrecycle to develop more realistic mulch requirements. If CalRecycle changes their organics procurement regulations in response to petitions from municipalities, staff plan to procure less expensive, ordinary mulch for application.
The proposed Ninth Amendment adds scope and compensation to maintain and clean the Passive Park restrooms on a daily basis. Staff bid the janitorial services under a separate contract in 2019. The lowest bidder has not fulfilled their obligations and restrooms are frequently left unclean or without supplies. As a result, staff asked our landscape maintenance contractors for a proposal to provide these services. Nieves has offered to clean and supply the restrooms at the same price as the City’s current, non-responsive vendor. By allowing our landscape contractors to provide these services, staff will immediately be notified of vandalism, homeless issues, and locking mechanism problems. Staff will have direct contact with our landscape contractors on a daily basis and will be reassured the restrooms are cleaned and properly supplied.
The City’s standard contract uses an initial three-year term with two additional one-year extensions available based on performance for a five-year maximum term. This Agreement has been extended three times and is set to expire on June 30, 2022. Staff is recommending the City Council approve a one-year term extension for these services. Staff expects that if the Agreement were to be put out to bid, the City would be forced to pay significantly higher rates for the same services. Due to these impacts, staff reached out to Nieves who has offered to continue services with no increases to the unit prices. By extending the Agreement, the City’s current vendor can continue operations without delay or required training related to scope of work.
To strategically mitigate the impact of inflation on the City’s budget, the Audit Committee has recommended extending some maintenance contracts beyond the normal five-year period provided the contractor does not raise unit pricing.
Staff anticipates substantial cost increases with bidding new maintenance contracts. These cost pressures were detailed in the 1% Review Report provided the Audit Committee on December 6, 2021. The 1% Review Report examined the City’s historical bidding patterns and budget obligations related to landscaping. The report described the upward price pressures that have impacted each landscaping contract since the beginning of each contract term.
Item: 15
334
These price pressures include increased prevailing wage rates, inflation, fuel prices, and employee shortages that drive up labor costs to retain productive workers.
The proposed Ninth Amendment with Nieves would extend the term to June 30, 2023. The Ninth Amendment would keep the current unit prices and would increase compensation by $1,015,107.94 for a new total compensation amount of $8,776,492. The increased compensation amount includes $34,998 for the procurement of specialized SB 1383-compliant mulch and $25,800 for the purchase of ordinary “consumer-grade” mulch. If CalRecycle eases on the regulations requiring the procurement of SB 1383-compliant mulch, staff will procure the lower cost mulch for application to properties maintained under the Agreement. This will restore the mulch application process that was eliminated by the Seventh Amendment to the Agreement as a cost saving measure to prepare for potential COVID-19-related budget impacts
Staff believes that Nieves’ performance exceeded expectations relative to the Agreement’s scope of work for Passive Park Landscape Maintenance Services.
Nieves demonstrated its willingness to respond quickly to resident and staff requests and completed all required maintenance activities in a timely manner and within the allowable budget. Nieves Landscape, Inc. Table 2 below provides an overall summary of the contractor’s performance since the last amendment on March 25, 2021.
Table 2: Nieves Passive Park Maintenance Performance Review Nieves – Performance Review
March 25, 2021, through March 1, 2022
Category Unsatisfied – Very Satisfied
Performance of Scope of
services
☐Unsatisfied ☒Satisfied ☐Very Satisfied ☐N/A
Timeliness ☐Unsatisfied ☒Satisfied ☐Very Satisfied ☐N/A Budget Performance ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A Customer Service ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A Consistent with the City’s Purchasing and Contracting Guidelines, including vendor assessment, staff recommends the City Council exercise its discretionary authority to extend the Agreement to ensure that the City can continue to maintain the passive parks. The Finance Department prepared the proposed amendment and the City Attorney’s Office reviewed the document as to form.
Staff recommends the City Council approve the proposed Ninth Amendment to allow for the continued and uninterrupted delivery of this service.
Item: 15
335
FISCAL IMPACT:
The proposed Ninth Amendment would add $1,015,107.94 to the Agreement compensation for a total compensation amount of $8,776,492.00 and extend the term by one year. If the Ninth Amendment is approved, staff would also propose sufficient funding in the FY 2022-23 of the 2021-23 Operating Budget.
ATTACHMENTS:
1. Agreement for Maintenance Services - Nieves Landscape, Inc.
2. First Amendment to Agreement - Nieves Landscape, Inc.
3. Second Amendment to Agreement - Nieves Landscape, Inc.
4. Third Amendment to Agreement - Nieves Landscape, Inc.
5. Fourth Amendment to Agreement - Nieves Landscape, Inc.
6. Fifth Amendment to Agreement - Nieves Landscape, Inc.
7. Sixth Amendment to Agreement – Nieves Landscape, Inc.,
8. Seventh Amendment to Agreement – Nieves Landscape, Inc.,
9. Eighth Amendment to Agreement – Nieves Landscape, Inc.
10. Ninth Amendment to Agreement – Nieves Landscape, Inc.
Initiated By: Michael McConaha, Public Works Maintenance Manager Submitted By: Thomas Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 15
336
Attachment 1
Item: 15
337
CITY OF LAKE FOREST
AGREEMENT FOR MAINTENANCE SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this Z.\l\d day of J u.-n-(__..) , 2015, by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, located at 25550 Commercentre Drive, Suite 100, Lake Forest 92630 ("City") and Nieves Landscape, Inc., a California corporation, with its principal place of business at 1629 E. Edinger Ave., Santa Ana, CA 92705 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain park landscape maintenance services required by the City on the terms and conditions set forth in this Agreement and the Request for Proposal documents dated February 6, 2015 which are hereby incorporated as though fully set forth herein. The contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner.
Contractor represents that it is experienced in providing park landscape maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the Passive Park Landscape Maintenance project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the park landscape maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2015 to June 30, 2018, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional oneyear terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
BBK: January 2015
55136.00200\9520891 .1
Item: 15
338
3.2 Responsibilities of Contractor.
3.2.1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates Thomas E. Wheeler, P.E., or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City's City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Contractor's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City's Representative or his designee.
3.2.5 Contractor's Representative. Contractor hereby designates Greg Nieves, President, or his designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.
2 BBK: January 2015
55136.00200\9520891.1
Item: 15
339
3.2. 7 Standard of Care: Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Laws and Regulations. Contractor shall keep 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 Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.10 .Labor
3.2.10.1 Prevailing Wages. 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. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in 3 BBK: January 2015
55136.00200\9520891.1
Item: 15
340
effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall 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.
3.2.10.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code sections 1725.5 and 1771.1, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations ("DIR"). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.2.11 Insurance. Contractor agrees to procure and maintain, at Contractor's expense all insurance specified in Exhibit "D" attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 1 0 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 4 BBK: January 2015
55136.00200\9520891 .1
Item: 15
341
3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13 Water Quality Management and Compliance.
3.2.13.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor shall keep itself and all subcontractors, staff, 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 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 (Water Code § 13000 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 agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
3.2.13.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan ("DAMP"), the City of Lake Forest Local Implementation Plan ("LIP") and the applicable Water Quality Management Plan ('WQMP"). Both documents contain 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 dry-weather urban runoff, stormwater runoff, and receiving water quality. Contractor shall be familiar the DAMP, and the LIP and shall comply with the requirements as specified therein.
A copy of the DAMP is available on the internet at:
https://media.ocgov.corn/gov/pw/watersheds/documents/damp/default.asp A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/water/local implementation plan %28lip%29.asp More information on the applicable WQMP is available on the internet at:
http://www.lakeforestca.gov/depts/pwlwater/water quality management plan (vvgmp).asp
3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors 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 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, 5 BBK: January 2015
55136.00200\9520891.1
Item: 15
342
regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.
3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 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 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 officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its 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 Sections 3.2.13.2 and 3.2.13.3 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO MILLION SEVEN HUNDRED THREE THOUSAND NINE HUNDRED FIFTY FOUR DOLLARS ($2,703,954) without written approval of City's City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor.
The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all nondisputed and approved charges thereon. If the City disputes any of Contractor's fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. 6 BBK: January 2015
55136.00200\9520891 .1
Item: 15
343
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City. For agreements in excess of $30,000.00, the City Manager may, on an annual basis, approve additional work, provided the total Agreement compensation, including the cost of additional work, does not exceed 10% of the original Agreement compensation as set forth in Section 3.3.1, for a total increase of $270,395. Any additional work in excess of this amount shall be approved by the City Council.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal as set forth in Exhibit "C."
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
55136.00200\9520891. 1
Nieves Landscape, Inc.
1629 E. Edinger Ave.
Santa Ana, CA 92705\
ATTN: Greg Nieves
7 BBK: January 2015
Item: 15
344
City: City of Lake Forest
25550 Commercentre Drive, Suite 100
Lake Forest, CA 92630
ATTN: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.
3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
8 BBK: January 2015
55136.00200\9520891.1
Item: 15
345
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction: References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
9 BBK: January 2015
55136.00200\9520891 .1
Item: 15
346
3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
CITY OF LAKE rOREST
By:
ayor
ATTEST:
By:
10 BBK: January 2015
55136.00200\9520891 .1
Item: 15
347
~(<J--~ "'StepanieD.Srnith, MMC
City C!erk
APPROVED AS TO FORM:
By: ~ sestest&Kriegerlp
City Attorney
11 BBK: January 2015
55136.00200\9520891.1
Item: 15
348
EXHIBIT "A"
SCOPE OF MAINTENANCE SERVICES
The work shall include furnishing all labor and equipment necessary to maintain City parks. Duties include, but are not limited to, trash collection; cleaning of city property; maintaining turf, ground cover, shrubs, vines, and trees; maintaining and repairing irrigation systems; maintenance of drainage facilities; providing weed and pest control; power washing playground equipment; removing graffiti; cleaning/repairing/painting picnic tables, trash enclosures, gazebos, restroom facilities, doggy bag containers and supplies; and other park appurtenances and facilities. Duties also include furnishing and installing new equipment, including but not limited to, park furniture, drinking fountains, BBQ's, backflows, storm drain lids and covers, playground fibers, and other equipment and/or material as necessary or as directed.
Scheduling of Work
The Contractor shall provide the Public Works Maintenance Manager and Landscape Inspectors with a weekly schedule submitted the Friday before the week of the scheduled work.
General/Daily Maintenance
General/Daily Maintenance includes the following tasks:
1. The daily removal of all trash such as paper, cans, bottles, broken glass, animal feces, and any out-of-place or discarded items
2. The daily emptying of recycle containers before noon, and delivery of recycle items to the proper recycling facility
3. The daily refilling of doggie bag dispensers before noon
4. The daily removal of any dead plant material
5. The daily removal of fallen plant material such as hanging or fallen tree limbs, leaves, branches, and tree bark
6. The Contractor shall dispose of all material that is picked up during cleaning in a lawful manner. All green waste must be disposed of and landfill diversion reports submitted to the City. These reports shall include the name and location of the facility used for disposal.
7. Clean, rake, and level playground wood chips daily.
8. Clean, rake and level play sand daily. The refilling of sand pits/areas is part of the contract and no further/additional compensation shall be granted for this work.
9. Daily removal of graffiti from plastic and metal surfaces. The graffiti shall be removed by cleaning or painting as directed by the City.
Item: 15
349
10. Daily removal of leaf litter or other debris from sports courts.
11. Daily removal of spider webs, bird droppings, tape, and other foreign material from benches, tables, light fixtures, drinking fountains, gazebos, park buildings and playground equipment.
12. Daily cleaning, minor touch up painting and minor repairs of park appurtenances including, but not limited to, gazebos, walls, picnic tables, trash enclosures, drinking fountains, park signs, exercise and playground equipment, light poles, information kiosks, bicycle racks, and park benches. Minor repairs include, but are not limited to, tightening loose bolts and screw, unclogging drinking fountain drains, and other minor work. Major repairs and full/major repainting will be part of extra work at an additional cost to be determined by the City.
Specialty Areas
All play and sports equipment shall be inspected for vandalism, safety hazards, and serviceability daily. Deficiencies shall be reported immediately to the Landscape Inspector. Play equipment and select concrete areas shall be pressure-washed as necessary or as directed, but no less than once per month. 1 . Sand Areas
A. These areas shall include, but are not limited to, tot lots, play areas, and volleyball courts.
B. All areas shall be raked and maintained weed free on a daily basis.
C. By the 10th of each month, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand, but will not cause lower base materials to be mixed in with the sand. After rototilling, all areas shall be raked level.
D. Sand shall be replenished as necessary, but not less than monthly, to maintain the optimum level in each area. This is generally six (6) inches below the top of the concrete curbing, but will be dependent upon play equipment footings and the final level shall be determined by the Landscape Inspector for each area. Replacement sand shall be at least equivalent to #25 sieve Silica sand (standard designation of rock product suppliers to denote a type and cleanliness of sand) or the same as existing sand. The Landscape Inspector will make the final determination. A maximum of 11" below slides shall be kept to comply with the Consumer Product Safety Guidelines for playgrounds.
The refilling of sand pits/areas is part of the contract and no further/additional compensation shall be granted for this work.
E. All sand areas shall be raked level and free of any foreign debris on a daily basis.
Sidewalks adjacent to tot lots shall be swept daily, as required. Sand found on resilient rubber surfaces shall be swept or washed back into sand play areas Item: 15
350
on a daily basis.
F. If at any time, due to inclement weather or other causes, the sand court areas become flooded and there is standing water, it is the Contractor's responsibility to remove water immediately.
2. Engineered Wood Fiber/Playground Chips
A. Rototill all Engineered Wood Fiber areas monthly by the 10th of each month or when instructed by the Landscape Inspector.
B. All areas under play equipment shall be leveled on a daily basis. Contractor may be required to refill these areas and shall receive additional compensation as determined by the City.
C. All wood fiber/playground chip areas shall be kept weed free on a daily basis D. All areas shall be kept trash and debris free on a daily basis.
E. If at any time, due to inclement weather or other causes, the Engineered Wood Fiber areas become flooded and there is standing water, it is the contractor's responsibility to remove water immediately.
F. No foreign material will be allowed to mix with the engineered wood fiber (i.e., sand, soil, etc.).
3. Rubberized Surface Areas
A. All areas shall be maintained weed free on a daily basis B. All areas shall be kept trash and debris free on a daily basis C. All areas shall be cleaned daily. The method of cleaning is to be determined by the Landscape Inspector but can include, but is not limited to, the use of water, broom, gas blower, and pressure washer. Any damage shall be reported to the City immediately. Contractor may be required to repair the damaged area and shall receive additional compensation as determined by the City.
4. Hard Surface Areas
A. These areas shall include concrete sidewalks, tennis courts, handball courts, basketball courts, bicycle trails, asphalt concrete (AC.) walkways, etc.
B. All areas shall be swept daily to remove all deposits of silt and/or sand and glass, or other hazardous materials and substances.
C. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Contractor is required to report all potential sidewalk trip hazards with fluorescent orange paint and will be required to grind lifted sidewalk Item: 15
351
lips more than¾ inch high.
D. Cracks and crevices shall be kept free of weeds at all times. The Contractor may be required to fill these cracks and crevices with suitable material approved or supplied by the City and may receive additional compensation as determined by the City
E. Special emphasis shall be placed on chemical edging along asphalt and decomposed granite walkways to prevent damage by vegetation. All such damage shall be repaired at the Contractor's expense.
F. Walkways composed of decomposed granite (DG) shall be raked and leveled daily and weed free. Irrigation overspray needs to be minimized. If refilling is necessary, the Contractor may be required to refill with suitable material approved by the City at an additional cost.
5. General Facility Operations
A. All drinking fountains shall be kept clean and operational at all times.
B. Minor repairs, including but not limited to, unclogging drains, replacing damaged or broken parts, shall be included in the proposal price for these services at no additional cost.
C. All repairs shall be completed within twenty-four (24) hours after damage is reported or noticed.
D. Every instance of damage shall be reported to the Landscape Inspector.
E. Should damage be repetitive, the Landscape Inspector will evaluate replacement with a more damage resistant model. The Contractor may be directed to furnish and install new equipment and the Contractor shall receive additional compensation as determined by the City.
F. All sidewalks within each park shall be swept or blown or cleaned daily, if necessary or as directed by the City, to remove any glass or heavy debris. In addition, all sidewalk areas shall be thoroughly cleaned every week on the day the area is mowed. If inclement weather is present (i.e., rain) then once a week.
G. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as directed by the City. All light fixtures, tables and benches will be cleaned daily or and on an as-needed basis.
H. All leaves, paper, and debris shall be removed from landscaped areas and disposed of off-site daily.
I. All barbecue grills shall be emptied of all ashes daily by noon, or more often as determined by the City.
Item: 15
352
J. All security and sports area lighting shall be inspected weekly, and damaged or malfunctioning equipment shall be reported to the Landscape Inspector. The Contractor may be directed to furnish and install new lighting equipment and shall receive additional compensation as determined by the City.
K. At no time will the Contractor be allowed to blow grass cuttings/debris into public streets or gutters. Debris generated from adjacent maintained landscape areas shall be the responsibility of the Contractor to remove by blowing, sweeping or vacuuming as necessary.
Failure to comply with the scope of work related to General/Daily maintenance shall result in a performance deduction in the amount of $400 per day per missed task.
Weed Control
General Information: Contractor will use chemical control only as necessary and after exhausting any other methods according to the basic Integrated Pest Management Control (IPMC) Methods available.
Weed control duties shall be inclusive of the following tasks:
1. All weeds shall be removed upon sight. Planters, non-concrete walkways, i.e.:
decomposed granite, natural soil and asphalt, sidewalk expansion joints, planting beds, curbs and gutters shall be kept free of grass and weeds at all times.
2. Turf grass shall be kept weed free at all times. Chemical control is a maintenance tool and the cost will not be reimbursed as extra work by the City.
3. When requested by the Landscape Inspector, the Contractor shall spray weeds with herbicide for weed control at no additional cost to the City if control is not maintained as specified in this section. Preventive weed control is the responsibility of the Contractor. Any pre-emergent herbicide used will be considered a management tool and the cost will not be reimbursed as extra work by the City.
4. Monthly, the Contractor shall complete and furnish copies of an herbicide application log to the City. This log requires copies of the chemicals labels, MSDS sheets, and recommendations. These logs are in addition to the annual schedule provided to the City at the beginning of the contract.
5. The Contractor shall submit a report naming the herbicide proposed for use, where and how it is to be applied, and a copy of the product label and any applicable M.S.D.S. (material safety data sheets) sheets to the City before use begins. Contractor is responsible for the proper signage to be placed around the perimeter of the proposed treatment area at least 24 hours before application.
Perimeter signs and an A-frame barricade with the name and contact information of the company, name of the chemical being use, the area being treated, and type Item: 15
353
of weed treated shall be posted on the day of application at the center of the area being treated. No chemicals applications shall be done if park users are present.
6. The Contractor shall be responsible for the results of application of all herbicides and chemicals. Plants killed or severely damaged by the use of herbicides shall be replaced at no cost to the City, with the nearest size nursery stock available to the size of the dead or severely damaged plant. The soil in the area of the affected plant(s) and planting pit shall be treated with activated charcoal and other soil amendments that may be required to enhance the potential survival and growth of the existing or replacement plants. The treatment and materials must be approved by the City and shall be furnished at no cost to the City. All replacements must be made within fifteen (15) days upon discovery by the Contractor and/or the City.
7. Weed Control of Paved Surfaces: Contractor shall be responsible for controlling, by mechanical (above 1 inch in height) or chemical means 1 inch and below in height), weeds growing in cracks, or expansion joints, and areas contiguous to the City Public Landscape. No dyes shall be used when applying liquid weed control to paved surfaces.
8. Weed Control of Landscaped Areas:
A. The contractor is required to maintain all maintenance areas free of weeds at all times, and a regular program of chemical application shall be used to prevent weed growth, supplemented by hand removal of noxious weeds or grasses as necessary. Weeds allowed to grow taller than two inches will be removed by hand and not sprayed. Any "non-target" or "desirable" plant material unintentionally sprayed or removed during manual weeding shall be replaced at contractor's expense.
1) A contact herbicide shall be employed to control broad leaf weeds as required to maintain turf in a completely weed free condition without injury to turf. a. Weeds not killed with herbicides shall be removed manually. However, manual weed control shall not be substituted for herbicide applications. 2) In addition, turf grass areas shall be treated as follows:
a. Between January 15 and February 15, a pre-emergent crabgrass control shall be applied to all turf areas.
b. Twice per year, in December and June, a broad spectrum fungicide (such as Actizone RZ) shall be applied at the manufacturer's recommended coverage rate.
B. All restricted chemicals to be used to control weeds shall be approved by the Public Works Manager or Public Works Landscape Inspector prior to use. A written recommendation of the proposed restricted chemicals to be used, prepared by a licensed California Pest Control Advisor accompanied by a Notice of Intent to apply restricted/non-restricted materials form prepared by a licensed Item: 15
354
Pest Control Operator shall be submitted to the Public Works Manager a minimum of 14 days prior to intended use. Additionally, Contractor shall notify the Orange County Department of Agriculture a minimum of 48 hours prior to intended use. No work shall begin until Landscape Inspector's approval is obtained.
1) Written recommendation shall include the following information:
a. Owner or operator of the property to be treated;
b. Location of property to be treated;
c. Commodity, crop, or site to be treated;
d. Total acreage or units to be treated;
e. Identification of weed(s) or pest(s) to be controlled by recognized common name;
f. Name of each herbicide or device recommended or description of method recommended;
g. Dosage rate per acre or other units;
h. Warning of the possibility of damages by the application from hazards that are known to exist; and,
i. Signature and address of the person making the recommendation, the date, and the name of the employer.
2) Chemicals shall be applied only by persons possessing a valid California Pest Control Operators License in the appropriate category. Application shall be in accordance with all governing regulations. Records of all written recommendations and operations stating dates, times, methods of application, approved Notice of Intent to apply restricted/non-restricted materials, weather conditions at the time of application, and applicator's name shall be made and retained in an active file for a minimum of 1 year or until the contract is terminated, whichever is longer. The Public Works Manager and Public Works Landscape Inspector shall have access to those files at any time and the contractor shall submit copies of the records to the City on a monthly basis as required by State of California regulations required. After this period, they shall be retained in accordance with Orange County Department of Agriculture Regulations.
3) Contractor shall calibrate all chemical application equipment prior to each use to insure chemicals are applied at the rate specified in the written recommendation.
4) All rubber hoses shall be made of neoprene rubber or equivalent material; shall be free of cracks; shall not be weathered, worn, or rotted; and shall be equipped with quick connectors or fittings which shall provide a water tight connection to prevent any leakage of chemicals from the point of connection to spray equipment.
5) All pressurized spray equipment, when in use, shall be kept in a state of good repair, safe to operate and shall be equipped with appropriate pressure relief valves. All spray nozzles shall be free of any foreign particles to allow Item: 15
355
proper control of rate, uniformity, thoroughness, and safety of application. 6) All chemical spraying operations shall be performed under acceptable climatic conditions to be determined by the Landscape Inspector in such a manner to limit drift to twelve (12) inches. All precautionary measures necessary shall be employed to insure public safety since all areas will be open to public access during application.
7) All equipment used to perform chemical application shall be thoroughly cleaned when necessary to prevent injury to persons, plants, or animals from residue of materials previously used in the equipment. Equipment shall be cleaned in accordance with the procedure recommended on the label. 8) Non-restricted chemicals shall be used whenever possible to perform weed control in turf and landscape areas.
9) The Contractor shall not be allowed to use the restricted chemicals 2,4-D and Dicamba without submitting a written recommendation by a California Pest Control Advisor.
1 0)Prior to application, Pest Control Operator shall read product label, identify pests in area to be sprayed, and identify environmental hazards such as waterways, eating and food preparation areas, sensitive ornamentals, production agricultural sites and take all precautionary measures necessary to prevent contamination of these areas.
11 )Equipment used to apply 2,4-D and Dicamba shall consist of waterproof gloves, waterproof boots, respirator, coveralls, goggles, accurate measuring device, and spray equipment. To minimize drift, a spray thickener may be required.
12)Operator shall not apply 2,4-D or Dicamba during excessively hot, dry, or windy periods. Irrigation systems shall not be operated for a minimum of 24 hours after chemicals have been applied. Operator shall spray all target plants to wet. Chemicals shall be applied within the drip line of any ornamental shrub. Large mature weeds should not be sprayed. 13)Upon completion of 2,4-D or Dicamba chemical spray application, the area treated should not be re-entered until the spray has dried. Contractor shall be responsible for any on-site signage, posting as well as monitoring access during the chemical drying period.
Failure to comply with the scope of work for weed control shall result in a performance deduction of $400 per day per incident. Extra work for week control not included in the extra work proposal schedule shall be included on a time and materials basis.
Item: 15
356
Turf Grass Maintenance
Mowing
Mowing duties shall be inclusive of the following tasks:
1. All turf areas shall be mowed once per week throughout the contract. Exact dates shall be set on an annual calendar to provide 52 mows per year. The "1 /3" rule (no more than one-third of the total length of the leaf blade shall be removed with any single mowing shall be followed as closely as possible to minimize mowing stress to the turfgrass.
2. Work shall be performed on the same day each week. At the beginning of the contract, the initial weekly schedule for the year must be submitted and any changes must be approved by the Public Works Manager or Public Works Landscape Inspector prior to implementation.
3. All mowing missed due to inclement weather or ground conditions from such weather shall be rescheduled and completed within three working days. If adverse weather or ground conditions persist, the Landscape Inspector may change/amend the annual schedule. If a scheduled mowing is missed for any reason, the Contractor shall issue a credit of a type and nature as directed by the City for this missed work. At the City's discretion, this credit may be used to complete other work or provide other services or be a dollar credit towards the cost of the contract.
4. Cutting heights shall be adjusted to the type of grass in accordance with the following:
Bluegrass and Fescue
St. Augustine
Bermuda
(June through September)
(September thorough May)
(Year Round)
(Year Round)
3inches
2 inches
2inches
1 inch
5. All warm season grasses, including Bermuda, Kikuyu and St. Augustine, shall be mowed with a power-driven ?-blade reel type mower. Bluegrass and Fescue may be mowed with either power-driven reel type or rotary type mowers. All equipment shall be adjusted to the proper cutting heights. The mowers shall be maintained and sharpened to provide a smooth even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions.
6. When conducting "rotary type" mowing activities in City Parks a mulching deck rotary mower shall be utilized. Contractor shall take special care to completely mulch all grass clippings so as not to leave corn rows or piles of clippings behind. If clippings cannot be completely mulched then they will need to be removed the same day they are cut.
7. All trash and paper products shall be removed before mowing begins and will not be Item: 15
357
run over by mowing equipment. All grass, leaves, and other debris shall be removed and disposed of off-site, in a lawful manner, at the completion of mowing.
8. All portable obstructions, such as picnic tables and trash containers, shall be moved in order to mow all portions of turf. Any portable obstructions moved shall be put back in place after the mowing is complete.
9. All walkways, roadways, trails, or other areas dirtied by mowing operations shall be cleaned and all debris disposed of off-site prior to the completion of that day's mowing operations or the end of the day, whichever occurs first. 1 a. Irrigation: A regular, deep watering program shall be accomplished to give the best results. The established turf should not be allowed to dry beyond 50% of the soil water holding capacity between watering. At a minimum, omit irrigation the night prior to turf mowing. Contractor shall not irrigate Friday night, Saturday morning, Saturday night or Sunday morning unless absolutely necessary.
Contractor shall obtain approval from the Public Works Manager or the Public Works Landscape Inspector before any weekend watering occurs.
11. Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles located within the turf areas such as irrigation heads, irrigation valve boxes, quick couplers/boxes, electrical boxes or fixtures. Do not mow areas that are wet. Alternate mowing patterns whenever possible to prevent wheel ruts.
If ruts are made, or damages incurred, Contractor will immediately schedule repairs at their expense.
Renovation, Aeration, and Dethatching
1. All turf areas shall be aerated four (4) times per year in January, April, July and October to reduce compaction/ stress conditions, which will offer greater water penetration and reduce runoff. In those areas, when soil condition is poor, topdress may be required by the Public Works Manager or Public Works Landscape Inspector.
2. Aeration shall be accomplished by removing 3/4" diameter by three-inch deep cores at a maximum spacing of six inches by use of a mechanical aeration machine. Contractor shall aerate entire area first in one direction (east to west), then repeat the operation in the opposing direction (north to south). All cores shall be removed from the turf and disposed of off-site the same day. Contractor shall be responsible for the marking of all irrigation heads, valve boxes, quick coupling boxes, electrical boxes, and any other in ground equipment that could be damaged by the Aerator tines. Should any of the above equipment get damaged during the aeration process contractor shall be responsible for immediate replacement and repairs at contractor's expense.
3. All turf areas shall be dethatched once per year between September 15 and October 15 or as directed by the Public Works Manager or Public Works Landscape Inspector.
Item: 15
358
A. Dethatching shall be accomplished by use of "vertical cut type" dethatch machine. The vertical cutting machine shall be set at a depth to penetrate the soil ½ inch. Immediately after dethatching operations with a verticutter, the area will be aerated. These two processes will be followed by motor driven vacuum to remove all grass clippings and thatch.
B. All thatch and debris shall be picked up and disposed of off-site prior to the end of the work day. After clean-up, mow turf at regular cutting height.
C. All walkways, roadways, trails, landscaped areas, or other areas soiled by dethatching operations shall be cleaned and all debris disposed of off-site prior to the completion of this operation or the end of the day, whichever occurs first.
Refurbishment of Turf Grass
Turf areas which have thinned out due to the shading effect of trees and structures, and by foot traffic will be reseeded with an approved grass seed to restore thinning areas. Contractor shall re-sod 50,000 square feet of turf grass area on an annual basis. The City shall determine the locations and quantities for re-sodding efforts.
The cost for this sod shall be included in the various proposal items and no additional compensation shall be allowed.
Winter Overseedinq of All Turf Areas
1. Upon the completion of dethatching all creeping-type grass areas in the fall, winter over seeding of all turf areas will be required. All Bermuda grasses will be lowered in two continuous stages by mowing with mowers that have sharp, properly adjusted cutting units. This process will be done until grass height is at 1/2". After the Bermuda grass is lowered, the entire area will be vacuumed.
Contractor shall sow perennial rye grass at the rate of 10 lbs. per 1000 square feet or as approved by the Public Works Manager or Public Works Landscape Inspector. Top dressing may be required by the Landscape Inspector as needed on areas that appear not to have been properly prepared or that seed is not germinating properly at no additional cost.
2. City Parks that have multi type grasses (i.e.: Kikuyu Grass, Fescue Grass, Bermuda Grass, Blue Grass, etc.) will be over seeded using the "Imperial Blend" grass seed or an approved equal at the rate of 10 lbs. per 1000 square feet or as approved by the Public Works Manager or Public Works Landscape Inspector.
3. Fertilize all grass areas to be over seeded. Broadcast 6-20-20 fertilizer at the rate of 6 lbs. per 1000 square feet or approved equal. Apply fertilizers by constant flow P .T.O. driven rotary spreaders when applicable or walk behind cyclone spreaders in smaller areas.
4. Perform reseeding operations when soil is dry and when winds do not exceed 5 miles per hour velocity. Apply seed with a rotary or drop type spreader. Install seed evenly by sowing equal quantities in two directions, at right angles to each other.
Item: 15
359
5. Cultivate bare areas and aerate compacted areas thoroughly. Where substantial, but thin turf remains, rake, aerate if compacted, and cultivate soil.
6. Remove diseased or unsatisfactory turf areas; do not bury into soil. Remove top soil containing foreign materials, i.e., gas/oil drippings, stones, gravel, debris, etc.
7. Topdressing, when applicable, shall be applied with materials and methods approved by Public Works Manager and Public Works Landscape Inspector.
8. Maintain over seeded turf areas until successful seed germination and complete establishment of turf has taken place. Over seeded areas will be maintained until inspection and acceptance by the City representative.
9. After preparation and over seeding have been completed, the area will be watered.
Watering will be three (3) to four (4) times each day, or as necessary in combination with appropriate run time sufficient to maintain even moisture at a depth of 1/2" during daylight hours. Soil probes shall be used and water shall not be allowed to puddle. Normally, for rotor heads no more than one rotation is necessary and for pop up heads no more than one minute at a time is necessary.
The purpose is to maintain humidity not to keep the soil wet.
10. When the perennial rye grass approaches a height of 2" to 4", the first mowing will be done. The grass clippings will be checked for root pulling on the first pass or two. If this happens, the Contractor will readjust his/her mowers and check the blades for sharpness. Contractor may use rotary mowers on over seeded turf.
11. The rye grass over seeding will be completely established by November 1.
12.Afterfirst mowing, and subsequently thereafter, fertilize with 1 lb. N/1000 S.F. through the winter fertilization period.
Summer Overseeding of All Turf Areas
1. All turf areas shall be reseeded with Imperial Blend seed in the summer to reestablish turf to an acceptable condition as determined by the Public Works Landscape Inspector.
2. Reseeding shall be performed in accordance with the following criteria:
A. All areas to be reseeded shall be raked or verticut to remove all thatch and to provide a rough (scarified) seedbed suitable for seeding, if necessary.
B. Areas to be reseeded shall be fertilized to provide ½ pound of nitrogen per 1,000 square feet. Chemical formulation of fertilizer to be used shall be 10-10-10 unless otherwise specified by the Public Works Manager or Public Works Landscape Inspector.
Item: 15
360
C. Grass seed shall be applied at the rate specified on the label for the type of seed being used for reseeding. Seed quality shall meet the following criteria:
1) Minimum purity shall be 98% weed free for all grasses. 2) Minimum germination rate shall be 85% for all grasses. 3) No seeds shall be applied without prior verification of seed quality by the Public Works Landscape Inspector.
4) All seeding equipment shall be calibrated to deliver the desired seeding rate for the specific species or seed mixture to be used prior to each reseeding operation.
5) Once seed has been applied, Contractor shall cover all seed and firm the soil with a water ballast roller either empty or partially filled depending upon soil conditions. Seed shall be lightly covered with mulch to prevent erosion and reduce evaporation of soil moisture on all bare areas.
Edging
1. All turf grass borders shall be neatly and uniformly edged or trimmed on the same schedule as the mowing operations, unless otherwise specified. String trimmers will not be permitted. All edging is to be completed with a fixed blade edger.
2. Mechanical methods shall be used except where physically impossible, impractical, or around trees. Turf growth around all trees shall be controlled by chemical application, not to exceed a 6" distance from the trunk.
3. Chemical application shall also be used on areas such as along asphalt, concrete and decomposed granite trails/paths, around sports field equipment, fence lines, etc., but not on the field areas. Do not use around sprinkler heads, valve boxes, electrical boxes or along sidewalks.
A. Prior to application of chemicals, all areas shall be trimmed to the proper mow heights.
B. Contractor shall use only non-restricted chemicals to perform chemical edging.
Chemicals shall be approved by the City prior to use. A Notice of Intent to apply non-restricted/restricted materials form shall be completed and submitted to the City a minimum of fourteen (14) days prior to intended use. An Agriculture DPTD HazMat form shall be provided by the City along with the Chemical name, label and MSDS sheet. No work shall begin until written approval is obtained from the Public Works Manager or Public Works Landscape Inspector.
C. Chemicals shall be applied only by persons possessing a valid California Pest Control Operator's License or Qualified Applicators Certificate. Records of all chemical application operations, authorizations stating dates, times, methods of applications, chemical formulations, weather conditions at the time of Item: 15
361
application, and applicator's name shall be made and retained in an active file for a minimum of one (1) year. After this period, records shall be retained in accordance with Orange County Department of Agriculture regulations.
D. Chemical edging shall be restricted to a four-inch wide strip around buildings, planters, concrete and decomposed granite asphalt trails/paths, and other projections, a six inch radius around tree trunks, and an eight inch wide strip around sports field equipment and fence lines.
E. Chemical edging shall be performed a minimum of once every 60 days.
4. All walkways, roadways, trails, or other areas dirtied by edging operations shall be cleaned and all debris disposed of off-site prior to the completion of that day's edging operations or by the end of the day, whichever occurs first.
Failure to comply with the scope of work for turf grass maintenance shall result in a performance deduction of $400 per day per incident. Extra work for turf grass maintenance not included in the extra work proposal schedule shall be conducted on a time and materials basis.
Landscape Maintenance
Landscape Maintenance duties shall be inclusive of the following tasks:
Trees
Tree maintenance shall be conducted on a limited basis and only upon request by the City. Payment shall be made by the unit proposal price for tree trimming in Proposal Schedule C.
1. Trees shall be pruned according to the following criteria:
A. Designated broadleaf trees (as needed)
B. Designated conifers (as needed)
2. Trees shall be pruned as required to remove broken or diseased branches, to allow for public use access, maintenance access, and for safety. It shall be the Contractor's prime pruning responsibility to conduct a pruning program, which will ultimately develop natural tree scaffolding, strength, and appearance consistent with the intended use. Before any work commences, the Contractor will prune one (1) typical tree of each different species scheduled for pruning as an example. Any necessary corrections to the example, as determined by the Public Works Manager or Public Works Landscape Inspector, shall be made prior to proceeding with production work. All major pruning operations shall be scheduled and approved by the Public Works Manager before work begins.
3. All trees located within the public landscape maintenance area shall be included and scheduled for a three (3) year cycle.
Item: 15
362
4. Tree stakes, ties, and guys shall be checked and corrected as needed by the Contractor. Ties will be adjusted to prevent girdling. Unneeded stakes, ties, and guys of trees planted after one year, shall be gradually loosened and ultimately removed. Broken stakes shall be replaced as required.
5. Topping, tip pruning, or pollarding trees will not be allowed. Pruning shall be done by those experienced and skilled in pruning techniques (i.e., under the continual supervision of a certified arborist). All cuts shall be done using proper arboricultural and horticultural practices. Dressing wounds will not be allowed.
6. Trees shall be pruned along sidewalks to allow a minimum nine (9) foot clearance.
To accommodate vehicular and equestrian traffic, clearance along curbs and trails shall be a minimum fourteen (14) feet.
7. Contractor shall perform minor tree surgery as required.
8. Ailing or stunted trees which fail to meet expected growth expectations shall be brought to the attention of the Public Works Manager or Public Works Landscape Inspector.
9. Under no circumstances will stripping of lower branches (raising up) of young trees be permitted. If there are doubts or questions, contact the Public Works Landscape Inspector. Tree suckers shall be removed as needed.
10. Lower branches can be removed only after tree is able to stand erect without staking or other support.
11.AII holes from removed trees shall be filled and refilled until grade level with surrounding soil is maintained.
12. The Contractor will be responsible for staking and tying trees, as well as removing stakes and ties.
13. During the fall season, the Contractor shall provide weekly pick-up of fallen leaves after the initial request to begin is given by the City.
14. The Contractor shall remove all accumulated debris from pruning, trimming, and other tree maintenance during that same working day.
15. If City requested, and if trees are not pruned by the specified date, the Contractor shall be issued a Performance Deficiency Notice, unless the Contractor submits an acceptable written request to the City stating the reason they cannot complete the pruning by the stated date and by what date the pruning service will be completed.
16.A log of tree removal and replacement will be kept by the Contractor stating where and when the trees were removed and replanted, species, site, and approximate location with GPS coordinates.
Item: 15
363
17.Any individual dead limb or branch, detached or not, is a safety hazard and will be removed as needed by the Contractor.
18.Any plants broken, damaged, and/or uprooted as a direct result of storm damage, wind damage, accident or vandalism, shall be trimmed, replanted or replaced, and the Public Works Landscape Inspector, shall occur if plant replacement is required.
Any debris blocking roadways or parking areas shall be removed within one (1) hour of notification to Contractor. The Contractor shall call the Public Works Landscape Inspector to confirm the damage, prepare a material request and estimate of plant material replacement based on contract unit prices. After receiving authorization, the Contractor will submit an invoice with the monthly statement for additional labor and applicable materials. The City will use the quoted extra labor charges, submitted with the proposal, for reimbursement. Should damage occur during normal business hours, the contractual labor force will be used and no additional charges will be approved.
19. The Contractor will replace and be held liable for any damages done to trees due to poor management procedures (i.e., improper staking, damage done by not removing tie wires, improper pruning, mower damage, chemical damage, etc.).
20. If, in the opinion of the Public Works Landscape Inspector, the newly planted tree dies as a direct result of neglect, inadequate care, or inadequate maintenance, the replacement item and required labor shall be provided by the Contractor at no cost to the City. This includes material newly planted and material which has been planted. Replacement must be of comparable size and species.
21.AII trees shall be trimmed to prevent encroachment onto private property.
22. Pruning procedures and pruning criteria shall follow International Society of Arboriculture (ISA) Standards and any additional pruning standards established by the City at the beginning of the contract.
23.Safety
A. All structural weakness such as split crotch or limbs, diseased or decayed limbs, or severe damage shall be reported to the Public Works Landscape Inspector.
B. Special emphasis shall be placed upon public safety during pruning operations, particularly when adjacent to roadways and walkways.
24.AII trimmings and debris shall be cleaned up, removed, and disposed of off-site at the end of each day's work.
25. Staking and Tying: Trees that shall be staked fall into these categories:
A. Replacement of missing or damaged stakes where the tree has been planted less than a year ago
B. In those cases where tree has been damaged and requires staking for support Item: 15
364
C. For new trees or recently planted trees which have not been staked previously
26. Tree Spraying:
A. Contractor shall be responsible for identifying and treating insect damage, fungus and any other diseases trees under contractors care may develop.
B. Contractor shall notify the Public Works Landscape Inspector when applying any chemicals or insecticides to any trees under contractors care.
C. Contractor shall use integrated pest management practices whenever possible.
Applying chemicals and insecticides shall be used only if other natural practices have failed.
27. Tree Removals: All trees which are downed or dead by either natural or unnatural causes shall be removed and disposed of off-site. Stumps shall be ground to twelve inches below grade. The hole shall be filled with soil and compacted.
Stump removal shall be included in the tree removal operation unit price.
28. Care During Tree Pruning Operations: Surrounding plant material (turf, ground cover, shrubs, and vines) shall be protected during tree maintenance operations. The Contractor shall be responsible for all damage caused by poor procedures. The City will require full and complete repair of the damaged areas and plants.
29.AII trees shall have mulch installed around the base once annually or as directed.
The mulch will be installed at a depth of 4 inches and will not be piled against the base of the tree. The mulch line will extend at least 12 inches out from the base of the tree and will be level to a depth of 4 inches. Mulch will be installed at grade at the base of the tree and will become deeper as it moves away from the base of the tree ending at a depth of 4 inches.
Shrubs
Shrub maintenance shall be conducted on a bi-weekly basis or as directed by the Public Works Landscape Inspector. All planter areas shall be mulched on an annual basis or as directed by the Public Works Landscape inspector.
1. All shrubs and hedges shall be pruned in such a manner that they present a pleasing and as natural as possible appearance and do not obstruct the vision from building windows or the vision of vehicle drivers.
2. All shrubs, hedges, and ground vegetation shall be maintained so the vegetation does not overgrow its designated growth perimeter. Along all walks, overgrowth shall not be over four (4) inches.
3. Whenever shrubs die because of vandalism, or acts of God, the Contractor shall call the Public Works Manager or Public Works Landscape Inspector to confirm the Item: 15
365
vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials.
The City reserves the right to furnish the required shrubs. The City will use the quoted extra labor charges and unit prices submitted with the proposal for reimbursement. Should shrubs expire due to Contractor's negligence, all replacement charges shall be at Contractor's expense. All damaged, diseased (untreatable) or dead shrubs shall be replaced with the same exact species and size of the existing plant material at no cost to the City.
4. Contractor shall remove any spent blossoms or dead flower stalks as required to present a neat and clean appearance. Sometimes the plant's flower stalks are many in number or part of the plant's character (i.e., Dietes). Coordinate with the City on a plant-by-plant species basis. Planter areas where Pine Trees are planted must be cleared of dry pine needles every two (2) weeks.
5. Shrub mounding shall not exceed eighteen (18) inches in height within areas required for vehicular line-of-sight distance depending upon roadway topography. (The Public Works Landscape Inspector is to be informed by Contractor if the plant material will continually be a problem.)
6. Formally sheared shrub hedges shall be continually maintained in their formal design by shearing and trimming. These shall be specifically designated by the City and shall not infer that any other shrub shall be sheared or trimmed.
7. Shrubs designed to be grown full size shall not be sheared or trimmed. Selective pruning may be necessary to remove dead, diseased, or intertwining material.
Shrubs sheared or trimmed, when they are not designed to be so, shall be replaced at Contractor's expense in a size designated by the Public Works Manager or Public Works Landscape Inspector.
8. All shrubs shall be pruned to prevent encroachment onto private property.
9. Pruning Procedures:
A All cuts shall be made sufficiently close to the parent stem so that healing can readily start under normal conditions.
B. All limbs one inch or greater in diameter shall be "under cut" to prevent splitting and tearing.
C. All equipment utilized shall be clean, sharp, and expressly designed for shrub pruning.
D. Avoid pruning plants when seasonal bloom is present (i.e., Indian Hawthorne).
10.AII trimmings and debris shall be removed and disposed of off-site at the end of each day's work.
11. Existing shrubs shall be replaced by the Contractor if it is determined by the City Item: 15
366
that they died due to Contractor's neglect. Replacement shrubs shall be of like kind and size.
Vines
Vine maintenance shall be conducted on a bi-weekly basis.
1. Vines and espalier plants shall be checked and retied as required. Secure vines with appropriate ties to promote directional growth on supports.
2. Nails shall not be used to secure vines on masonry walls.
3. Contractor shall deep-water vines in pockets without sprinklers and where required to promote optimum growth.
4. Pruning of vines will be in accordance with good horticultural practices.
5. Whenever vines die because of vandalism, or acts of God, the Contractor shall notify the Public Works Landscape Inspector to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials. The City reserves the right to furnish the required vines. The City will use the quoted extra labor charges and unit prices submitted with the proposal for reimbursement. Should vines expire due to Contractor's negligence, all replacement charges shall be at Contractor's expense. All damaged, diseased (untreatable) or dead vines shall be replaced with the same exact species and size of the existing plant material at no cost to the City.
Ground Cover
Ground cover maintenance shall be conducted on a bi-weekly basis or as directed by the Public Works Landscape Inspector
1. Contractor shall trim ground cover adjacent to walks, walls, and/or fences as required for general containment to present a neat, clean appearance at four inches maximum from vertical surfaces and six (6) inches back from walk/trail edges and curbs.
2. Contractor shall prevent soil compaction by regularly cultivating bare spots in all ground cover areas on a monthly basis or covering with mulch as directed by the Public Works Landscape Inspector at no additional cost to the City.
3. Any paper or litter that accumulates in ground cover areas shall be picked up daily.
4. Contractor shall keep ground cover trimmed back four inches from all controller units, valve boxes, quick couplers, structures or walls, and private property. Ground covers shall not be allowed to grow up trees, into shrubs, or mix in with vines on walls. Ground cover shall be kept six (6) inches from all other plants.
5. Bare soil areas shall be cultivated a minimum of once per month or mulched at a Item: 15
367
depth of four ( 4) inches to prevent erosion and weed growth as directed by the Public Works Landscape Inspector.
6. All ground cover areas shall receive sufficient applications of snail bait at the rate necessary to control the spread of snails. The Public Works Landscape Inspector must approve spray substitutions.
7. Ground cover areas shall be maintained in a manner which will promote the healthy growth of the plant material in a primarily natural state while removing weed infestations.
8. The un-mowed fescue areas may be "mowed" only as often as necessary to control weeds and to maintain the 24-inch maximum height with approval of the Public Works Manager or Public Works Landscape Inspector. In the fall, the seed heads shall be allowed to remain in order to reseed the area and then removed before they change color.
9. Whenever groundcover dies because of vandalism, or acts of God, the Contractor shall call the Public Works Manager or Public Works Landscape Inspector to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials.
The City reserves the right to furnish the required groundcover. The City will use the quoted extra labor charges and unit prices submitted with the proposal for reimbursement. Should groundcover expire due to Contractor's negligence, all replacement charges shall be at Contractor's expense. All damaged, diseased (untreatable) or dead vines shall be replaced with the same exact species and size of the existing plant material at no cost to the City.
The scope of work for landscape maintenance shall be completed on a bi-weekly basis. Failure to comply with the scope of work for landscape maintenance shall result in a performance deduction of $400 per day per incident.
Pest Control and Rodent Control
Pest Control and Rodent Control shall be inclusive of the following tasks:
General
1. Contractor shall be responsible for complete and continuous control and/or eradication of all plant pests, diseases and rodent control. The Contractor shall obtain any necessary permits to comply with City, County, State, and Federal regulations or laws.
2. 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 Item: 15
368
host resistance.
3. 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.
4. 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 Public Works Manager or Public Works Landscape Inspector.
Material use reports for all pesticides shall be filed with the City no later than the 10th of every month for the preceding month.
5. 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 for 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 apply materials efficiently to the target area.
Drift will be minimized by avoiding high-pressure applications and using watersoluble 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 Public Works Manager or Public Works Landscape Inspector.
F. Certification of Materials: All materials shall be delivered on the site in original unopened containers. Materials shall be subject to inspection by the Public Item: 15
369
Works Manager or Public Works Landscape Inspector.
Pest Control
1. All areas of the landscape shall be inspected for infestations of harmful pests such as ants, insects, mites, snails, and sowbugs. Plants shall be observed closely for leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliated, or wilted.
2. 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.
3. 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.
4. Dusty foliage and warm temperatures are indicators of mites. Keep mite populations low by washing or other approved methods to prevent plant injury. Conifers are especially susceptible and often killed by mites.
5. 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 should be sprayed in March and again in May. On-going inspections are necessary to determine if there is a summer brood.
6. 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 tolerate epidemics of snails.
Item: 15
370
7. 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.
8. The Contractor shall establish a continuing program to control insects and rodents.
9. With the pest control program, the following information shall be included:
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 sign age
10. Monthly, the Contractor shall complete a pesticide spray log for any pesticides used and submit the log to the City.
11. When using pesticides, the instructions on the label shall be followed explicitly and special care shall be exercised in application.
Rodent Control
Contractors shall be responsible for controlling all rodents on a continual basis. All turf and landscaped areas shall be maintained free of rodents to include, but are not limited to, gophers, and ground squirrels; and, pests to include, but not 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.
1. All methods employed to perform Rodent Control shall conform to all federal, state, and county environmental regulations.
2. 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.
Item: 15
371
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. 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 workday until area no longer requires further treatment.
H. 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.
3. 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:
A. 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.
B. Equipment required for bait application shall consist of a probe, pail, tablespoon, waterproof gloves, respirator, and probing bait run.
C. 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.
D. 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.
4. Contractor may also, at his cost hire a licensed private pest control company to conduct rodent control in City Parks. Contractor will need to provide to the City company name, address, contact person, contact person's phone number and proper insurance. Any damage caused by private pest control companies shall be repaired at landscape contractor's expense.
Item: 15
372
Failure to comply with the scope of work for pest/rodent control shall result in a performance deduction of $400 per day per incident. Extra work for rodent and pest control not included in the extra work proposal schedule shall be completed on a time and materials basis.
Maintenance of Drainage Facilities
The Contractor shall be responsible for continual inspection of surface drains (i.e., bench drains, flow structures, v-ditches), and drain pipes located within landscaped areas and the general park on a weekly basis. Surface drains shall be checked and maintained free of obstruction and debris at all times to assure proper drainage. Remove any debris or vegetation which accumulates and prevents proper flow of water. All drain sumps or catch basins and drain lines shall be cleared twice per year. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to Public Works Landscape Inspector. Payment for maintenance of these facilities shall be included in the various proposal items and no additional compensation shall be allowed.
Failure to comply with the scope of work for maintenance of drainage facilities shall result in a performance deduction of $400 per day per incident. Extra work for drainage facility maintenance not included in the extra work proposal schedule shall be conducted on a time and materials basis.
Fertilization
Fertilization duties shall be inclusive of the following tasks:
Scheduling
Fertilization will be applied in accordance with FERTILIZER SCHEDULE, or as otherwise directed by the Public Works Landscape Inspector. All applications shall be recorded and specifically identified on the weekly schedule, indicating the fertilizer used, frequency applied and the landscape material applied to (i.e., turf, trees, shrubs, ground cover, etc.).
General
Fertilizers shall be inorganic, dry, pelletized formulation. Application shall be in accordance with manufacturer specifications.
Methods of Application
In making application of fertilizer granules, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone 55136.00200\9520891.1
Item: 15
373
spreader which tends to throw material onto paved areas. The use of constant flow P.T.O. driven spreaders will keep materials contained in planting areas, eliminating sidewalk stains. The Contractor will be responsible for removing all fertilizer stains from concrete and other surfaces caused by his application. Fertilizer shall be applied at manufacturer's recommended rate. Any fertilizer that is applied to non-target areas such as a roadway, sidewalk, parking lot, etc., will be removed immediately by contractor. Absolutely no fertilizer is allowed to enter the storm drain system.
Contractor shall choose which methods of removal will work best (i.e.: sweeping or gas powered blower, etc.).
Timing of Application
When climatic factors cause problems of the general use of fertilizers, an adjustment of the fertilizer schedule may be necessary. After fertilizer application, monitor watering schedule to eliminate runoff or leaching of fertilizer materials.
Trees and Shrubs
Fertilizers, pre-approved by the Public Works Landscape Inspector, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar applications to correct iron chlorosis and other micro-nutrient deficiencies.
Landscaped Areas
All landscaped areas shall be fertilized in accordance with the following criteria:
1. All proposed chemical formulations shall be submitted to the City for approval prior to use.
2. All fertilization schedules shall commence with the effective date of the contract then follow the cycles established in the annual schedule.
3. Ground cover areas shall be free of moisture at the time of fertilizer application.
Application of the fertilization shall be done in sections, determined by the areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast.
Soil Tests for Fertilization
Upon request, soil samples for testing shall be taken from landscape locations as determined by the Landscape Inspector.
1. Samples shall be tested at an agricultural soils testing laboratory approved by the Landscape Inspector.
55136.00200\9520891.1
Item: 15
374
2. Contractor shall pay all costs for testing, taking samples, pickup and delivery to the testing laboratory; all incidentals and no additional payment will be made thereafter.
3. The contractor shall provide a minimum of three (3) agricultural soil test reports per park to the Public Works Manager or Public Works Landscape Inspector.
Ground Cover
Apply fertilizer a minimum of 2 times a year, (March and August) to slope and all ground cover areas with a commercial fertilizer as often as required or as directed to promote a healthy appearance. Water thoroughly to prevent burning. Apply at the rate recommended by the manufacturer that is listed on the package.
Vines
Fertilize all vines with a commercial fertilizer a minimum of twice per year, in March and August, or as needed or directed to promote a healthy appearance. Water the vines thoroughly to prevent burning.
Fertilizing of Turf Grass
1. Apply fertilizers so as to provide sufficient nutrients on a regular basis to keep turf grass in healthy looking condition. Fertilizer will be applied as per the fertilization schedule, or as otherwise directed to maintain an aesthetically pleasing turf grass stand. Type of turf and time of year will determine type of fertilizers used. The frequency of application will greatly depend on amount of leaching caused by excess use of water. The type of fertilizer used and frequency applied will be recorded.
2. Use 6-20-20 starter fertilizer or approved equal at a rate of 1 lb. P and K. per 1,000 square feet during over seeding process until first mowing and subsequently thereafter use 15-15-15 fertilizer or approved equal at the rate of 1 lb. N per 1,000 square feet per month through the winter fertilization period.
3. Winter fertilization period shall begin November 1 and continue until the end of March. A 16-20-20 commercial fertilizer or approved equal shall be required and applied at the rate specified on the label or as directed by the City.
4. Summer fertilization period shall begin May 15 and continue until the end of September. A 16-6-8 or 16-4-4 commercial fertilizer or approved equal shall be required and applied at the rate specified on the label or as directed by the City.
5. For additional or special applications requested by the City of nutrients (i.e., application of additional nitrogen, iron, calcium or gypsum), the Contractor 55136.00200\9520891.1
Item: 15
375
will be paid extra for the special applications on a time and materials basis.
6. The Contractor shall supply to the City a list of dates and approximate times each proposal area is scheduled for fertilizer application before the Contractor begins fertilization.
7. All proposed changes in formulation shall be submitted to the City for approval prior to use.
8. Turf shall be free of moisture at the time of fertilizer application. Application of the fertilizer shall be done in sections, determined by the areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast.
Turf Fertilization Schedule
The information below represents the required minimum fertilization schedule. Prior to the beginning of work, the Contractor may propose an alternate schedule and/or materials for review by the City. The City, at its sole discretion, may approve some or all of the proposed revisions/substitutions.
FREQUENCY
2 times per year
2 times per year
1 time per year
TYPE AND SOURCE
15-15-15 Commercial
16-6-8 or 16-4-4 Commercial
6-20-20 XB + Commercial
Landscaping Fertilization Schedule
FREQUENCY
2 times per year
Trees
TYPE AND SOURCE
40-10-10 Slow Release
4-1-1 w/iron or approved
equal
TIME OF YEAR
Winter (October 1 - March 1)
Summer (May 1 - August 1)
September/October at reseeding
TIME OF YEAR
February 1 and August 1
Trees shall be fertilized and aerated by the Contractor in accordance with the National Arborist Association Standard for Fertilizing Shade and Ornamental Trees, National Arborist Association Standards current edition.
Compliance Inspection
Compliance with fertilization specification will be enforced by application inspections, bag counts, and periodic soil analyses by independent soils laboratory at the discretion of the City.
Failure to comply with the scope of work for fertilization shall result in a 55136.00200\9520891 .1
Item: 15
376
performance deduction of $400 per day per incident. Extra work for fertilization not included in the extra work proposal schedule shall be conducted on a time and materials basis.
Irrigation System Maintenance
Irrigation system maintenance shall be inclusive of the following tasks:
General
The controlling factor in the performance of water management within the City landscape maintenance area is the application of water to the landscape maintenance area at a rate which closely matches the actual needs of the plant material with no runoff. Contractor shall have the sole responsibility for managing the City's irrigation usage and shall remain within water budgets and tiered rates established by water purveyors.
Should the contractor exceed the established water budget set for each water meter and enter into the excessive or wasteful tiered rates, those overages will be charged against the contractor's monthly maintenance invoice. Exceptions to this requirement will be the renovation and reestablishment periods throughout the year.
The City will decide when an overage fee waiver applies.
Irrigation/Operation and Maintenance Scheduled Times
1. Irrigation shall be accomplished in accordance with Contractor-provided schedules.
The following irrigation times shall be applied to various types of public facilities.
Parks (Sunday-Thursday)
Manual Irrigation
9:00 p.m. to 6:00 a.m.
9:00 a.m. to 3:00 p.m.
Failure to adjust irrigation controllers to comply with designated watering windows and Contractor-provided schedules will result in a Performance Deficiency Reduction.
2. Contractor shall monitor the requirements of the plant material, soil conditions, seasonal temperature variations, wind conditions and rainfall, and shall recommend appropriate changes in duration of watering cycles.
3. Special watering required during daytime hours such as after over seeding, fertilization, during periods of extreme dryness or heat or during manual irrigation cycles shall be conducted in accordance with the following criteria:
A. There shall be minimal drift onto private property or roadways caused from the wind.
55136.00200\9520891 .1
Item: 15
377
B. There shall be no interference with sports field activities or other special activities.
C. There shall be irrigation personnel present at each location until watering cycle is completed.
4. Contractor shall respond within two (2) hours of any request by the Public Works Landscape Inspector to turn on/off irrigation systems, particularly in respect to rainfall. All parks are equipped with Calsense smart controllers. It is the Contractor's responsibility to maintain the system so that it is consistently running at peak operating conditions. The Contractor is required to input extensive information, including but not limited to, soil types, plant types, and square footage per station at each controller.
5. All damages resulting from under or over watering shall be repaired at the Contractor's expense.
Operation/Repair
1. The entire irrigation system, including all components from connection at meters, shall be maintained in an operational state at all times. This coverage shall include, but not be limited to, the following: all controllers and remote control valves; gate valves, ball valves, and backflow devices; main and lateral lines; pumps; sprinkler heads; moisture sensing devices; and all related equipment.
Contractor is required to notify the Public Works Manager and/or the Public Works Landscape Inspector of mainline failures within twelve (12) hours of occurrence.
The Contractor is irrigation system. It is also the Contractor's responsibility to discuss possible rebates that may be obtained/owed due to breaks or acts of vandalism with the water purveyors and to inform the City for possible reimbursement.
2. All irrigation systems shall be tested and inspected a minimum of once every week (excluding Saturday and Sunday) and a written report shall be submitted biweekly in accordance with the schedule submitted at the start of the contract showing the location, day of week, and time of day that each system was tested. Any changes shall be submitted for approval prior to enactment. Failure to inspect irrigation systems within the required timeframes shall result in a performance deduction.
3. All systems shall be adjusted in order to:
A. Provide adequate coverage of all landscape areas.
B. Prevent runoff and/or erosion.
C. Prevent watering roadways, facilities such as tennis, basketball or 55136. 00200\9520891.1
Item: 15
378
handball courts, walkways, trails, fences, and private property.
D. Match precipitation rates.
E. Limit evapotranspiration loss using State of California ET area ratings.
F. Limit hazardous conditions.
G. Contractor will adjust or clean as necessary all sprinkler heads, quick couplers, or valves to continue operation of maximum efficiency and performance.
H. Sprinkler heads shall be kept clear of overgrowth, which may obstruct maximum operation. Chemical edging around turf heads will not be permitted. Raising heads or lowering grade and reseeding are options to keeping head height in the correct position for maximum effectiveness.
I. 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 Public Works Manager or Public Works Landscape Inspector may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system.
4. All system malfunctions, damage, and obstructions shall be recorded and timely corrective action taken.
5. In addition to weekly testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed, or reported; daily if necessary:
A. Repair malfunctioning controllers, quick couplers, manual or automatic valves and sprinkler heads within twelve (12) hours of receipt of written notice.
B. Correct deficient irrigation systems and equipment as necessary following notification from the Public Works Manager or Public Works Landscape Inspector. The Contractor shall turn off irrigation systems immediately as directed during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices.
C. Once the City representative acknowledges the necessity to turn on the water once again, all controllers shall be activated within twelve (12) hours.
6. Adjustment, damage, and repairs shall be divided into the following categories 55136.00200\9520891.1
Item: 15
379
and actions:
A. Any repairs made by the Contractor will be in accordance with the original details. At no time shall contractor install irrigation heads other than what is onsite at the time of inspection (i.e., Rainbird irrigation heads will not be installed where Hunter irrigation heads are the uniform irrigation head). Failure to comply with this issue will result in a performance deduction issued once every day until mismatched irrigation heads are removed and the proper heads are installed. Contractor shall keep an adequate supply of replacement heads on repair vehicle at all times. Contractor shall make repairs immediately using "like" materials to maintain uniformity and to match application rates. Contractor shall replace, at its cost, any irrigation heads installed improperly or heads that do not match existing or "like" heads.
B. All sprinkler heads shall be adjusted to maintain proper coverage. Adjustment shall include, but not be limited to, actual adjustments to heads, cleaning and flushing heads and lines, and removal of obstructions. Costs for adjustment shall be included in costs for operation and maintenance of the irrigation system.
C. Repairs to the system caused by conditions under which the Contractor does not have direct control shall be done by others or paid for by the City. Repairs under this category shall be "extra work" and are as follows:
1) Theft (missing heads)
2) Storm damage (Acts of God)
3) Damage by others
4) Malfunctions to automatic controller, remote control valves, or pressure lines D. Damage and repairs shall be divided as follows:
1) Minor repairs shall include, but not be limited to, all irrigation components from, and including, the valve to lateral line and heads/emitters, replacement of adjusting pins, friction collars, washers, trip assemblies, tubing, and other small parts. The cost for minor repairs shall be included in the costs for operations and maintenance of the irrigation system. 2) Major repairs shall include all items before the automatic control valve including but not limited to backflow devices, pressure regulators, and mainline control wire (except as previously noted).
The cost for major repairs, except as noted, will be considered extra services based on the contract labor and unit cost.
E. Repairs to the irrigation system shall be completed within 12 hours after approval of the Irrigation Materials Request Form by Public Works Manager or Public Works Landscape Inspector for major component damage such as broken irrigation mainlines.
55136.00200\9520891.1
Item: 15
380
F. Contractor shall be responsible for adjusting height of sprinkler risers necessary to compensate for growth of plant material. If pop-ups are used, adjust pop-up height and do not convert to a riser.
G. The Contractor will guarantee work performed by the Contractor for a period of one year.
H. 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 eliminate run-off.
I. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in the frequency of irrigation. Costs will be determined from comparisons of usage with historical usage for the same time period. Costs to be deducted from monthly payments will be presented to the Contractor by the City.
J. The Public Works Manager or Public Works Landscape Inspector will do spot inspections to check the accuracy of the Contractor's maintenance reports. If discrepancies are found, the Contractor will have twenty-four (24) consecutive hours to correct problems. While the Contractor is correcting problems in unsatisfactory areas, the specified level of service will be maintained in all other aspects of this Contract.
K. The Contractor shall adjust sprinkler heads and valve boxes to the level of the ground surface as necessary or when instructed by the Public Works Manager or Public Works Landscape Inspector.
L. Control valves, sprinklers, and direct burial control wires shall be located and repaired by the Contractor.
M. The Contractor shall be responsible for properly removing control clocks needing repair, marking station wires, delivering clocks for repairs to a City• approved repair facility, and reinstalling the control clock with station wires in the original order as found. If repairs encountered will take more than two (2) working days to correct, the Contractor will install a temporary controller, supplied by the Contractor, until the permanent controller can be repaired.
N. When sprinkler systems are out of service due to the Contractor's neglect, the Contractor shall be required to water by hand or other means in accordance with plant and vegetation needs. This shall not be an extra labor charge.
0. When rain occurs or is in the forecast with some certainty, all sprinkler system controllers shall be turned off by the Contractor's personnel. The Contractor will notify the City before the turn-off process starts and when the turn-off 55136.00200\9520891.1
Item: 15
381
process is completed. The Public Works Manager or Public Works Landscape Inspector will confer with the Contractor when the sprinkler system controllers are to be turned back on.
P. The Contractor shall be held responsible for damage done to sprinkler heads and valves due to careless operation of vehicles and lawn mowers.
7. Personnel
A. The Contractor shall provide personnel fully trained in all phases of landscape irrigation system operation, maintenance, adjustments, and repair; in all types of components to include irrigation controllers, valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City. Strong working knowledge in Calsense irrigation systems is required.
B. The Contractor shall provide personnel knowledgeable of, and proficient in, current water management practices, with the capability of working with City staff in implementing more advanced water management strategies. Water management is a complex concept. It is not simply adjusting watering cycles and/or irrigation components. It requires adjusting the aforementioned components and maintaining proper soil moisture taking into consideration type, condition, and inclination of that soil.
C. The Contractor shall provide personnel capable of verbal and written communication in a professional level of English.
8. Materials
A. All replacement materials are to be with original types and models unless the Public Works Manager or Public Works Landscape Inspector approves a substitute.
B. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems.
C. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty.
D. The actual cost of all material passed on to the City shall be wholesale cost of the material.
1 ) The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, including discount available. 2) At no time shall the cost of materials exceed the retail cost from the 55136.00200\9520891 .1
Item: 15
382
current price list, minus the discount rates quoted in the proposal. 3) The total cost of materials shall include the following:
a. Wholesale cost (retail costs minus Contractor's discount), as stated above.
b. A markup of 15% maximum for all overhead costs and profits c. Taxes should not be included in the cost proposal.
E. All materials are to be new and identical to existing materials, unless directed otherwise by the Public Works Manager or Public Works Landscape Inspector.
9. Invoicing
A. Since all normally anticipated labor costs are to be included in the contract amount, emergency call-outs after working hours will be considered extra work compensation. This type of work shall be defined as "extra work".
B. Irrigation Repair Invoices shall be organized according to controller number and submitted on a monthly basis to reflect work carried out via the irrigation management sheet.
10. Water Management
A. All systems shall be programmed weekly and/or as needed to maintain healthy plant material and landscape.
B. All program changes shall be recorded on an Irrigation Management Form.
C. Weekly water meter reading for each system shall be submitted on a monthly report by the 10th of the following month.
D. The watering schedule will be established and programmed by the Contractor.
Application rates will be based on the amount the planting areas are capable of receiving without excessive run-off. The irrigation system schedule shall be monitored and adjusted accordingly to maintain an efficient use of water being applied.
E. In determining rates of application, soil type, topography, and weather conditions will be taken into consideration. The project sites are equipped with an automatic system, which provides for repeat cycles, applying water over shorter periods of time that will allow for proper infiltration and thereby minimize run-off.
F. The irrigation system will be physically observed a minimum of once per week (excluding Saturday and Sunday) to keep the system operating at an 55136.00200\9520891.1
Item: 15
383
optimum level of efficiency.
G. Particular observation shall be paid to all slope areas, which will by physical nature, provide for greatest potential run-off.
H. Contractor will be responsible for hand watering any areas not provided with an irrigation system.
I. In those areas where a drip/water saver system is used, the Contractor will be required to hose off or wash dust/soot off plant material bi-weekly or more often as required or directed to prevent plant damage.
J. Contractor shall submit to the Public Works Manager or Public Works Landscape Inspector a copy of the irrigation schedule for each controller.
K. Contractor shall create coverage maps for each controller and place a copy at each controller site. Contractor shall also provide a copy of the maps to the City.
L. Contractor will be expected to use minimal amount of water in all areas, but maintain healthy plant growth.
M. Where moisture-sensing devices are used, a continual monitoring will be made to assure units are functioning properly. If malfunction is noted, the Public Works Manager or Public Works Landscape Inspector will be notified immediately.
N. Automatic controllers will be kept locked at all times.
0. All non-stainless steel controller enclosures must be painted as needed to maintain a good appearance. The Public Works Manager or Public Works Landscape Inspector will determine color. New enclosures shall be made of stainless steel.
P. Contractor will maintain an active "site schedule" in each controller enclosure.
Any changes made in the field or to the current program will be documented on the site schedule to ensure the most recent, active schedule is represented upon review by Public Works Manager or Public Works Landscape Inspector.
Q. Contractor shall have the ultimate responsibility for managing the City's irrigation system in each park to ensure that water usage does not exceed established water budgets for each water meter as established by water purveyors. Penalties for water usage, which exceeds the base rate, shall be deducted from the contractor's monthly invoice.
Failure to comply with the scope of work for irrigation system maintenance shall result in a performance deduction of $400 per day per incident. 55136.00200\9520891.1
Item: 15
384
GUARANTEE AND/OR REPLACEMENT POLICY
The contractor has the ultimate responsibility to ensure that all landscaping and turf grass is maintained in healthy and aesthetically pleasing condition at all times. All new plant material and irrigation installations shall be guaranteed for a period of one calendar year except due to "Acts of God", i.e., damage or death of plant material due to wind, storm, vandalism, theft, or other willful acts over which the maintenance contractor has no control. Existing plants shall be replaced by Contractor at the Contractor's expense, if it is determined by Public Works Manager or Public Works Landscape Inspector that they died due to Contractor's negligence. All existing plant material that dies as a result of contractor negligence shall be replaced at the Contractor's expense. All irrigation system components that fail or break as a result of contractor negligence shall be replaced by the contractor at his expense.
LANDFILL DIVERSION
Contractor shall be responsible for the recycling of all green waste generated from maintenance operations within the City. Green wastes shall be diverted from County Landfill to an approved reclamation site and processed for recycling.
Contractor shall submit a Landfill Diversion Report on a monthly basis to the City.
Reports shall be filled out in full including the name and location of the facility and the quantities of materials on a monthly basis.
VILLAGE POND PARK REQUIREMENTS
1. Remove all bird waste from picnic tables two (2) times per week. Removal days shall be Monday and Friday. Contractor shall also wash all park amenities weekly (including , but not limited to, benches, picnic tables, backflows, controller enclosures, trash enclosures).
2. Report any bird eggs found on site to the Public Works Landscape Inspector upon discovery.
3. Report any dead or injured birds to the Public Works Landscape Inspector upon discovery.
4. Report any damage or extreme wear to pond pump to the Public Works Landscape Inspector upon discovery.
5. Contractor will need to monitor the water level of the pond to ensure that it is at an appropriate level for the pond aeration and pumping equipment to work efficiently and to prevent water from entering the overflow catch basin at the end of the pond.
Failure to comply with these requirements shall result in a performance deduction of $400 per day per incident.
55136.00200\9520891.1
Item: 15
385
GENERAL PROVISIONS
Minimum Staffing Requirements
Contractor shall provide the following staffing levels to service this contract:
One {1) Supervisor/Superintendent
Two (2) lrrigators
Two (2) lrrigator Assistants
Two (2) Foremen
Twelve {12) Laborers
Contractor shall provide one {1) additional maintenance worker 40-hours per week at Etnies Skatepark.
All contract personnel shall wear company uniforms that clearly identify each maintenance worker assigned to the City's park system. Failure to comply with these requirements shall result in a performance deduction of $400 per day per person.
Completion of Extra Work
Extra work shall not be completed by maintenance crews. The Contractor shall provide separate crews to provide all extra work. Failure to comply with these requirements shall result in a performance deduction of $400 per day per incident.
Contractor shall provide a written cost proposal for all repairs and improvements with the exception of irrigation system repairs. Upon approval, the Public Works Maintenance Manager or his designee shall issue a Notice to Proceed for the improvement/repair work and that work shall be completed by a specified date. Failure to complete all repairs and/or improvements by the specified completion date in the Notice to Proceed shall result in a 10% reduction in the cost proposal for that work. 55136.00200\9520891.1
Item: 15
386
EXHIBIT "8"
CITY OF LAKE FOREST
SCHEDULE OF SERVICES
Contractor shall complete the services identified in Exhibit "A" above at the direction of the City.
55136.00200\9520891.1
Item: 15
387
EXHIBIT "C"
CITY OF LAKE FOREST
PARK MAINTENANCE SERVICES
Contract shall be paid for services rendered in accordance with Section 3.3 of the Agreement, the not-to-exceed fee of two million seven hundred three thousand nine hundred fifty four dollars ($2,703,954). Contractor will be paid in accordance with the fees and rates set forth in the compensation schedule below.
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be adjusted each year at the time of renewal described in accordance with the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside, Orange Counties.
Item Monthly Maintenance Units Item Price Annual Total No.
A1 Alton Park 12 $1,152.60 $13,831.20
A2 Borrego Overlook Park 12 $1,012.77 $12,153.24
A3 Cavanaugh Mini Park 12 $3,175.52 $38,106.24
A4 Cherry Park 12 $2,646.27 $31,755.24
A5 Concourse Park 12 $4,116.42 $49,397.04
A6 Darrin Park 12 $2,587.46 $31,049.52
A7 El Toro Park 12 $5,880.60 $70,567.20
AB Etnies Skatepark of Lake Forest 12 $3,116.72 $37,400.64 A9 Lake Forest Park 12 $1,352.54 $16,230.48
A10 Montbury Park 12 $2,058.21 $24,698.52
A11 Mountain View Park 12 $3,116.72 $37,400.64
A12 Nature Park 12 $2,646.27 $31,755.24
A13 Peachwood Park 12 $1,587.76 $19,053.12
A14 Pebble Beach Park 12 $1,282.84 $15,394.08
A15 Pittsford Park 12 $5,880.60 $70,567.20
A16 Ranchwood Park 12 $1,117.31 $13,407.72
A17 Serrano Creek Park 12 $14,374.80 $172,497.60
A18 Sundowner Park 12 $550.00 $6,600.00
A19 Village Pond Park 12 $2,822.69 $33,872.28
A20 Vintage Park 12 $2,763.88 $33,166.56
A21 Floe-Packer Mini Park 12 $200.00 $2,400.00
Total Schedule A $761,303.76
55136.00200\9520891 .1
Item: 15
388
Item Irrigation System Units Item Price Annual Total No. Maintenance/Repair B1 Hunter 1-40 Pop Up 200 $40.00 $8,000.00
B2 Hunter 1-25 Pop Up 200 $30.05 $6,010.00
B3 Hunter 1-20 Pop Up 200 $15.03 $3,006.00
B4 Hunter 1-10 200 $0.01 $2.00
B5 Hunter PGH 12" Pop Up 200 $18.46 $3,692.00
B6 Hunter PGP ADJ Pop Up 200 $9.02 $1,804.00
B7 Rain Bird 1804 SAM PRS 200 $4.70 $940.00 WNan Nozzle B8 Rain Bird 1806 SAM PRS 200 $9.69 $1,938.00 WNan Nozzle B9 Rain Bird 1812 SAM PRS 75 $11.14 $835.50 WNan Nozzle B10 Rain Bird 1" RCV GB Series 10 $60.19 $601.90
B11 Rain Bird 1-1/2" RCV GB 10 $113.94 $1,139.40 Series B12 Rain Bird 2" RCV GB Series 10 $140.43 $1,404.30
B13 Superior 3" Non Pressure 10 $550.00 $5,500.00 Regulating Brass Valve B14 Rain Bird 3/4 3-RC Quick 10 $27.50 $275.00 Coupling Valve B15 Rain Bird 1" 44-RC Quick 10 $57.91 $579.10 Coupling Valve B16 Plastic/Rectangular RCV Box 50 $19.53 $976.50 W/Lid B17 Plastic/Round QCV Box W /Lid 50 $8.63 $431.50
B18 Rain Bird 1" Valve 50 $19.13 $956.50 Replacement Diaphragm B19 Rain Bird 1-1/2 "Valve 50 $34.01 $1,700.50 Replacement Diaphragm B20 Rain Bird RCV Replacement 50 $25.44 $1,272.00 Solenoid Total Schedule B $41,064.20
55136.00200\9520891.1
Item: 15
389
Item Plant Material Installed Units Item Price Annual Total No.
C1 Annual Color 100 $12.00 $1,200.00
C2 Ground Cover 100 $15.00 $1,500.00
C3 One (1) Gallon Shrub 100 $7.50 $750.00
C4 Five (5) Gallon Shrub 100 $17.50 $1,750.00
C5 Fifteen (15) Gallon Shrub 100 $60.00 $6,000.00
C6 Fifteen (15) Gallon Tree 100 $90.00 $9,000.00 W/Stakes and Ties C7 Twenty-Four (24) inch Box 50 $200.00 $10,000.00 Tree W/Stakes and Ties ca Thirty-Six (36) Inch Box Tree 5 $350.00 $1,750.00 W /Stakes and Ties C9 Tree Trimming Per ASA 100 $150.00 $15,000.00 Standards All Sizes C10 Tree Removals All Sizes 100 $200.00 $20,000.00
C11 Install Mulch 1,000 $25.00 $25,000.00
C12 Rototill 1,000 $0.50 $500.00
C13 Soil Test 100 $50.00 $5,000.00
C14 Mechanical Trenching 1,000 $1.50 $1,500.00
Total Schedule C $98,950.00
TOTAL ALL BID SCHEDULES $901,317.96
Lb a or Rt a es f or A ny R eques t e d E xtra M" amtenance W or k Item Normal Emergency
No. Description Units Business Hours Response/ After
Rate Hours Rate
E1 Landscape Maintenance n/a $50.00 $75.00 Supervisor
E2 Landscape Foreman n/a $30.00 $45.00
E3 Irrigation Specialist n/a $35.00 $52.50
E4 Landscape Maintenance Laborer n/a $25.00 $37.50
55136.00200\9520891.1
Item: 15
390
1.1 Insurance.
EXHIBIT "D"
INSURANCE REQUIREMENTS
1.1.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the contractor's operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5,000,000 per loss and $10,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
55136.00200\9520891.1
Item: 15
391
1.1.3 Endorsements. 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:
(A) Commercial General Liability and Contractor's Pollution Liability:
(1) 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. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
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 terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability 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.
1.1.5 Waiver of Subrogation. All required 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 these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 55136.00200\9520891.1
Item: 15
392
1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
1.1. 7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. 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 approval. The certificates and 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.
1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
1.1.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current AM. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
1.1.10 Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.
1.1.11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor's subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and 55136.00200\9520891.1
Item: 15
393
volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor's compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 55136.00200\9520891.1
Item: 15
394
Attachment 2
Item: 15
395
Item: 15
396
Item: 15
397
Item: 15
398
Item: 15
399
Item: 15
400
Item: 15
401
Item: 15
402
Item: 15
403
Item: 15
404
Item: 15
405
Item: 15
406
Item: 15
407
Item: 15
408
Item: 15
409
Item: 15
410
Item: 15
411
Item: 15
412
Item: 15
413
Item: 15
414
Item: 15
415
Item: 15
416
Item: 15
417
Item: 15
418
Item: 15
419
Item: 15
420
Item: 15
421
Item: 15
422
Item: 15
423
Item: 15
424
Item: 15
425
Item: 15
426
Item: 15
427
Item: 15
428
Item: 15
429
Item: 15
430
Item: 15
431
Item: 15
432
Item: 15
433
Item: 15
434
Item: 15
435
Item: 15
436
Item: 15
437
Attachment 3
Item: 15
438
Item: 15
439
Item: 15
440
Item: 15
441
Item: 15
442
Item: 15
443
Item: 15
444
Item: 15
445
Item: 15
446
Item: 15
447
Item: 15
448
Item: 15
449
Item: 15
450
Item: 15
451
Item: 15
452
Item: 15
453
Item: 15
454
Item: 15
455
Item: 15
456
Item: 15
457
Item: 15
458
Item: 15
459
Item: 15
460
Item: 15
461
Item: 15
462
Item: 15
463
Item: 15
464
Item: 15
465
Item: 15
466
Item: 15
467
Item: 15
468
Item: 15
469
Item: 15
470
Item: 15
471
Item: 15
472
Item: 15
473
Item: 15
474
Item: 15
475
Item: 15
476
Item: 15
477
Item: 15
478
Item: 15
479
Item: 15
480
Item: 15
481
Item: 15
482
Item: 15
483
Item: 15
484
Attachment 4
Item: 15
485
Item: 15
486
Item: 15
487
Item: 15
488
Item: 15
489
Item: 15
490
Item: 15
491
Item: 15
492
Item: 15
493
Item: 15
494
Item: 15
495
Attachment 5
Item: 15
496
Item: 15
497
Item: 15
498
Item: 15
499
Item: 15
500
Item: 15
501
Item: 15
502
Item: 15
503
Item: 15
504
Item: 15
505
Item: 15
506
Item: 15
507
Item: 15
508
Item: 15
509
Item: 15
510
Attachment 6
Item: 15
511
Item: 15
512
Item: 15
513
Item: 15
514
Item: 15
515
Item: 15
516
Item: 15
517
Item: 15
518
Item: 15
519
Item: 15
520
Item: 15
521
Item: 15
522
Item: 15
523
Item: 15
524
Attachment 7
Item: 15
525
Item: 15
526
Item: 15
527
Item: 15
528
Item: 15
529
Item: 15
530
Item: 15
531
Item: 15
532
Item: 15
533
Item: 15
534
Item: 15
535
Item: 15
536
Item: 15
537
Item: 15
538
Attachment 8
Item: 15
539
Item: 15
540
Item: 15
541
Item: 15
542
Item: 15
543
Item: 15
544
Attachment 9
Item: 15
545
Item: 15
546
Item: 15
547
Item: 15
548
Attachment 10
Item: 15
549
55136.00200\31919338.1 - 1 -
CITY OF LAKE FOREST
NINTH AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES
PARTIES AND DATE.
This Ninth Amendment to the Agreement for Maintenance Services (“Ninth Amendment”) is entered into on the ____ day of ________, 20___, by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, CA 92630 (“City”) and Nieves Landscape, Inc., a California Corporation, with its principal place of business at 1629 E. Edinger Ave., Santa Ana, CA 92705 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”
RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for Passive Park Maintenance Services dated July 1, 2015 (“Agreement”).
2.2 First Amendment. The Parties entered into that certain First Amendment to expand the scope of services and increase the total compensation under the Agreement dated December 10, 2015 (“First Amendment”).
2.3 Second Amendment. The Parties entered into that certain Second Amendment to expand the scope of services and increase the total compensation under the Agreement dated October 5, 2016 (“Second Amendment”).
2.4 Third Amendment. The Parties entered into that certain Third Amendment to increase the total amount of compensation under the Agreement dated December 20, 2016 (“Third Amendment”).
2.5 Fourth Amendment. The Parties entered into that certain Fourth Amendment in order to extend the term of the Agreement and increase the total amount of compensation under the Agreement dated April 3, 2018 (“Fourth Amendment”).
2.6 Fifth Amendment. The Parties entered into that certain Fifth Amendment to extend the term of the Agreement, expand the scope of services, and increase the total amount of compensation under the Agreement dated June 4, 2019 (“Fifth Amendment”).
2.7 Sixth Amendment. The Parties entered into that certain Sixth Amendment to extend the term of the agreement, increase the total amount of compensation under the Agreement, and update the Delivery of Notices under the Agreement dated April 29, 2020 (“Sixth Amendment”).
2.8 Seventh Amendment. The Parties entered into that certain Seventh Amendment in order to reduce the scope of services and the total amount of compensation dated November 1, 2020 (“Seventh Amendment”).
Item: 15
550
55136.00200\31919338.1 - 2 -
2.9 Eighth Amendment. The Parties entered into that certain Eighth Amendment in order to extend the term of the Agreement and increase the total amount of compensation under the Agreement dated March 25, 2021 (“Eighth Amendment”).
2.10 Ninth Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement, expand the scope of services, and increase the total amount of compensation under the Agreement.
TERMS.
3.1 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
Term. The term of this Agreement shall be from July 1, 2015 to June 20, 2023, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not
exceed EIGHT MILLION SEVEN HUNDRED
SEVENTY-SIX THOUSAND FOUR HUNDRED NINETY-TWO
DOLLARS ($8,776,492) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3 Extra Work. The Scope of Services as set forth in Exhibit “A” of the Agreement is hereby amended to include the Services set forth in Attachment 1 to this Amendment, attached hereto and incorporated herein.
3.4 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Ninth Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
Item: 15
551
Item: 15
552
55136.00200\31919338.1 Attachment “1”-1
ATTACHMENT “1” TO NINTH AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES
Ninth Amendment – Eighth Year of Services Additional Scope of Services
CITY OF LAKE FOREST
PARK RESTROOM JANITORIAL SERVICES
SCOPE OF SERVICES
Standards of Work and Contractor Responsibility
1. Provide all cleaning equipment and materials including, but not limited to, multiuse/multi surface, disinfectant soap, stainless steel cleaner, bowl brushes, mops, buckets, and squeegees needed to complete the work.
2. Provide all paper products including, but not limited to, toilet paper, paper towels, trash liners, and toilet seat covers needed to maintain a constant supply for users. Note:
some City park restrooms utilize 10 and 12 inch size rolls of toilet paper as necessary.
All supplies and costs shall be included in contractor’s bid item for each park.
3. Clean restrooms once per day, seven (7) days per week, 365 days per year. Servicing of restrooms after hours is acceptable.
4. Provide proper signage to be posted outside restroom identifying the restroom is closed for maintenance.
5. Maintain material storage area in a clean and organized manner.
6. Provide battery-powered air freshener canister replacements on an as-needed basis for each restroom.
7. Remove minor graffiti with gel vandal remover. If graffiti is extensive, it must be reported to a City designated representative immediately.
8. Unclog toilets and sinks as needed.
9. Report any vandalism immediately a City designated representative upon discovery.
10. Provide one (1) employee that can communicate verbally and in writing in English.
11. Provide proper supervision in order to achieve the highest quality cleaning possible for visitors to City park restrooms.
12. Responsible for trash in and around the restroom building only. Contractor is responsible for disposing of trash at a licensed and approved dumpsite.
13. Services to be provided daily:
Item: 15
553
55136.00200\31919338.1 Attachment “1”-2
a. Empty and re-line all wastebaskets.
b. Clean and sanitize all toilets.
c. Clean and sanitize all sink basins.
d. Clean all mirrors (if applicable).
e. Spot clean walls and light switches.
f. Remove cobwebs from restrooms as well as storage room and/or plumbing chases.
g. Sweep floor.
h. Disinfect and hose down floor.
i. Hose down concrete entrances to restrooms.
j. Replenish restroom supplies including but not limited to toilet paper, paper towels, and toilet seat covers.
k. Control water runoff.
Monthly Pressure Washing (1x Per Month) (Included in Monthly Service Cost) a. Pressure Washing
a. Pre-spray the areas to be pressure washed with eco-friendly, non-emulsifying detergent.
b. Adjust water pressure and temperature to the appropriate amount to provide optimal cleaning power without damaging City’s property. c. Apply protective cover to areas not to be pressured washing. Examples include covering electrical outlets with plastic cover and placing water absorbent socks at strategic locations to prevent seepage.
d. Place “Wet Floor” signs adjacent to restroom areas to be pressure washed. e. Perform and complete in a through, workmanlike manner and in accordance with the latest proven practices of the trade by thoroughly skilled and experienced workmen.
Clean-up Work and Site Preservation
Any damage caused by contractor’s operations shall be repaired immediately at contractor’s expense. Clean-up work shall consist of restoring site to original condition after repairs are made. The City does not have a secure location to keep contractor’s equipment.
Safety
Contractor shall comply will all applicable safety measures at all times. Since work sites are within public parks, contractor’s personnel and method of operations shall protect the public at all times.
Uniforms and Vehicles
When performing the contracted services, contract personnel shall wear a clean and presentable uniform with, at a minimum, the company name visible at all times. If approved by the City, additional information may be provided on the uniform. At a minimum, the uniform shall consist of a shirt with the appropriate information as noted above.
Noise
Item: 15
554
55136.00200\31919338.1 Attachment “1”-3
Contractor shall be subject to local ordinances regarding noise levels. Contractor shall conduct its operations so as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet within and surrounding the area where the services are performed. The schedule of work may be modified by the Public Works Manager or designee in order to insure that the public is not unduly impacted by noise created by the contractor’s work.
Park Locations
1. Concourse Park, 18931 Saddle Ranch Road
Men’s restroom - 1 sink, 1 toilet
Women’s restroom - 1 sink, 1 toilet
2. El Toro Park, 23701 Los Alisos Boulevard
2 Unisex restrooms – 2 sinks, 2 toilets
3. Etnies Skatepark of Lake Forest, 20028 Lake Forest Drive Men’s restroom - 2 sinks, 2 urinals, 1 toilet
Women’s restroom - 2 sinks, 2 toilets
4. Mountain View Park, 4061 Dylan Street
2 Unisex restrooms – 2 sinks, 2 toilets
5. Pittsford Park, 21701 Pittsford Drive
Men’s restroom - 1 sink, 1 toilet
Women’s restroom - 1 sink, 1 toilet
6. Serrano Creek Park, 25101 Serrano Road
Men’s restroom - 1 sink, 1 toilet
Women’s restroom - 1 sink, 1 toilet
Item: 15
555
55136.00200\31919338.1 Attachment “1”-4
CITY OF LAKE FOREST
PARK RESTROOM JANITORIAL SERVICES
Item
No. Description Proposal Item Price Units Annual Total
A1 Concourse
Park
$8.00______
(Each Day) 365 $2,920____________
(Extended Amount)
A2 El Toro Park $8.00______
(Each Day) 365 $2,920____________
(Extended Amount)
A3 Etnies Skate
Park
$11.00______
(Each Day) 365 $4,015____________
(Extended Amount)
A4 Mountain
View Park
$9.00______
(Each Day) 365 $3,285____________
(Extended Amount)
A5 Pittsford Park $8.00______
(Each Day) 365 $2,920____________
(Extended Amount)
A6 Serrano
Creek
$9.00______
(Each Day) 365 $3,285____________
(Extended Amount)
A7
Extra On-Call
Restroom
Cleaning
Services
$35.00______
(Per Hour) 20 $700____________(Extended Amount)
Total $20,045.00_________
(Total 1-Year Contract
Amount)
Item: 15
556
55136.00200\31919338.1 Attachment “2”-1
ATTACHMENT “2” TO NINTH AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES
EXHIBIT “C”
COMPENSATION
Contractor shall be paid for services rendered in accordance with Section 3.3. of the Agreement and as described in Exhibit “A” Scope of Services, for the not to exceed fee of eight million seven hundred seventy-six thousand four hundred ninety-two dollars ($8,776,492) and based on the following rates.
Item
No.
Monthly
Maintenance Units Item Price 5th Amendment Item Price
Ninth Amendment
(Annual Fess -
7/1/2015-6/30/2023)
Fifth Discretionary Renewal (7/1/2015- 6/30/2023)
A1 Alton Park 12 $ 1,152.60 $ 1,189.48 $ 14,273.76
A2
Borrego Overlook
Park 12 $ 1,012.77 $ 1,045.18 $ 12,542.16
A3
Cavanaugh Mini
Park 12 $ 3,175.52 $ 3,277.14 $ 39,325.68
A4 Cherry Park 12 $ 2,646.27 $ 2,730.95 $ 32,771.40
A5 Concourse Park 12 $ 4,116.42 $ 4,248.15 $ 50,977.80
A6 Darrin Park 12 $ 2,587.46 $ 2,670.26 $ 32,043.12
A7 El Toro Park 12 $ 5,880.60 $ 6,068.78 $ 72,825.36
A8
Etnies Skatepark of
Lake Forest 12 $ 3,116.72 $ 3,216.46 $ 38,597.52
A9 Lake Forest Park 12 $ 1,352.54 $ 1,395.82 $ 16,749.84 A10 Montbury Park 12 $ 2,058.21 $ 2,124.07 $ 25,488.84
A11 Mountain View Park 12 $ 3,116.72 $ 3,216.46 $ 38,597.52 A12 Nature Park 12 $ 2,646.27 $ 2,730.95 $ 32,771.40
A13 Peachwood Park 12 $ 1,587.76 $ 1,638.57 $ 19,662.84 A14 Pebble Beach Park 12 $ 1,282.84 $ 1,323.89 $ 15,886.68 A15 Pittsford Park 12 $ 5,880.60 $ 6,068.78 $ 72,825.36 A16 Ranchwood Park 12 $ 1,117.31 $ 1,153.06 $ 13,836.72 A17 Serrano Creek Park 12 $14,374.80 $ 14,834.79 $ 178,017.48 A18 Sundowner Park 12 $ 550.00 $ 567.60 $ 6,811.20
A19 Village Pond Park 12 $ 2,822.69 $ -
A20 Vintage Park 12 $ 2,763.88 $ 2,852.32 $ 34,227.84
A21
Floe-Packer Mini
Park 12 $ 200.00 $ 206.40 $ 2,476.80
FIRST AMENDMENT $ -
A22
Barker Ranch Dog
Park 12 $ 3,242.64 $ 3,346.40 $ 40,156.80
SECOND AMENDEMNT
Item: 15
557
55136.00200\31919338.1 Attachment “2”-2
Add MPS Services
THIRD AMENDMENT
Continue MPS
Services
FOURTH AMENDMENT
A19
Veterans Park
(formerly Village
Pond Park) 12 $ 1,200.00
FIFTH AMENDMENT
A19
Veterans Park
Landscape
Maintenance 12 $ 8,644.33 $ 103,731.96
A19
FY18-19
Maintenance 5 $ 7,195.64
Additional Plant
Material - Veterans
Park
Veterans Park
Previous
Expenditures
SEVENTH AMENDMENT
1 Reduce emptying
recycling containers
to 2xs per week 8 $ (130.00) $ (1,560.00)
2 Remove doggy bag
dispenser refill,
except for Barker
Ranch Dog Park 8 $ (78.00) $ (936.00)
3 Reduce play sand
maintenance to 3xs
per week 8 $ (117.00) $ (1,404.00)
4 Reduce sand area
rototilling to 4xs per
year 8 $ (266.00) $ (3,192.00)
5 Reduce leveling
under play
equipment to 1x per
month 8 $ (150.00) $ (1,800.00)
6 Reduce emptying
bbq grills to 2xs per
week 8 $ (50.00) $ (600.00)
7 Reduce turf aeriation
to 1x per year 8 $ (250.00) $ (3,000.00)
8 Remove 50,000 sq.
ft. of turf grass 8 $ (2,458.33) $ (29,499.96)
Item: 15
558
55136.00200\31919338.1 Attachment “2”-3
9 Remove soil sample
testing 8 $ (45.83) $ (549.96)
10 Remove agricultural
test reports 8 $ (316.25) $ (3,795.00)
11 Fertilizer applied 1x
per year 8 $ (66.66) $ (799.92)
12 Change type of
fertilizer required 8 $ (225.00) $ (2,700.00)
13 Remove 1 full time
worker from Etnies
Skate Park 8 $ (2,253.00) $ (27,036.00)
14 Reduce
maintenance at
Veterans and Barker
Ranch Dog Park 8 $ (180.00) $ (2,160.00)
NINTH AMENDMENT
Passive Parks Restroom Janitorial
Services
A1 Concourse Park 365 $ 8.00 $ 2,920.00
A2 El Toro Park 365 $ 8.00 $ 2,920.00
A3
Etnies Skatepark of
Lake Forest 365 $ 11.00 $ 4,015.00
A4 Mountain View Park 365 $ 9.00 $ 3,285.00
A5 Pittsford Park 365 $ 8.00 $ 2,920.00
A6 Serrano Creek Park 365 $ 9.00 $ 3,285.00
A7
Extra On-Call
Restroom Cleaning 20 $ 35.00 $ 700.00
Passive Parks
Restroom Janitorial
Services $ 20,045.00
Total Schedule A $ 835,610.24
Item
No.
Irrigation System
Maintenance/Repair Units Item Price Item Price as of 5th Amendment B1 Hunter I-40 Pop Up 200 $ 40.00 $ 41.28 $ 8,256.00
B2 Hunter I-25 Pop Up 200 $ 30.05 $ 31.01 $ 6,202.00
B3 Hunter I-20 Pop Up 200 $ 15.03 $ 15.51 $ 3,102.00
B4 Hunter I-10 200 $ 0.01 $ 0.01 $ 2.00
B5
Hunter PGH 12" Pop
Up 200 $ 18.46 $ 19.05 $ 3,810.00
B6
Hunter PGP ADJ
Pop Up 200 $ 9.02 $ 9.31 $ 1,862.00
B7
Rain Bird 1804 SAM
PRS W/Van Nozzle 200 $ 4.70 $ 4.85 $ 970.00
Item: 15
559
55136.00200\31919338.1 Attachment “2”-4
B8
Rain Bird 1806 SAM
PRS W/Van Nozzle 200 $ 9.69 $ 10.00 $ 2,000.00
B9
Rain Bird 1812 SAM
PRS W/Van Nozzle 75 $ 11.14 $ 11.50 $ 862.50
B10
Rain Bird 1" RCV GB
Series 10 $ 60.19 $ 62.12 $ 621.20
B11
Rain Bird 1-1/2" RCV
GB Series 10 $ 113.94 $ 117.59 $ 1,175.90
B12
Rain Bird 2" RCV GB
Series 10 $ 140.43 $ 144.92 $ 1,449.20
B13
Superior 3" Non
Pressure Regulating
Brass Valve 10 $ 550.00 $ 567.60 $ 5,676.00
B14
Rain Bird 3/4 3-RC
Quick Coupling
Valve 10 $ 27.50 $ 28.38 $ 283.80
B15
Rain Bird 1" 44-RC
Quick Coupling
Valve 10 $ 57.91 $ 59.76 $ 597.60
B16
Plastic/Rectangular
RCV Box W/Lid 50 $ 19.53 $ 20.15 $ 1,007.50
B17
Plastic/Round QCV
Box W/Lid 50 $ 8.63 $ 8.91 $ 445.50
B18
Rain Bird 1" Valve
Replacement
Diaphragm 50 $ 19.13 $ 19.74 $ 987.00
B19
Rain Bird 1-1/2 "
Valve Replacement
Diaphragm 50 $ 34.01 $ 35.10 $ 1,755.00
B20
Rain Bird RCV
Replacement
Solenoid 50 $ 25.44 $ 26.25 $ 1,312.50
Total Schedule B $ 42,377.70
Item
No.
Plant Material
Installed Units Item Price Item Price as of 5th Amendment C1 Annual Color 100 $ 12.00 $ 12.38 $ 1,238.00
C2 Ground Cover 100 $ 15.00 $ 15.48 $ 1,548.00
C3
One (1) Gallon
Shrub 100 $ 7.50 $ 7.74 $ 774.00
C4
Five (5) Gallon
Shrub 100 $ 17.50 $ 18.06 $ 1,806.00
C5
Fifteen (15) Gallon
Shrub 100 $ 60.00 $ 61.92 $ 6,192.00
C6
Fifteen (15) Gallon
Tree W/Stakes and
Ties 100 $ 90.00 $ 92.88 $ 9,288.00
Item: 15
560
55136.00200\31919338.1 Attachment “2”-5
C7
Twenty-Four (24)
inch Box Tree
W/Stakes and Ties 50 $ 200.00 $ 206.40 $ 10,320.00
C8
Thirty-Six (36) Inch
Box Tree W/Stakes
and Ties 5 $ 350.00 $ 361.20 $ 1,806.00
C9
Tree Trimming Per
ASA Standards All
Sizes 100 $ 150.00 $ 154.80 $ 15,480.00
C10
Tree Removals All
Sizes 100 $ 200.00 $ 206.40 $ 20,640.00
C11 Install Mulch 1000 $ 25.00 $ 25.80 $ 25,800.00
9th Ammendment
Addition - Install
Mulch (Recycled
Organic) $ 34,998.00
C12 Rototill 1000 $ 0.50 $ 0.52 $ 520.00
C13 Soil Test 100 $ 50.00 $ 51.60 $ 5,160.00
C14
Mechanical
Trenching 1000 $ 1.50 $ 1.55 $ 1,550.00
Total Schedule C $ 137,120.00
Ninth Amendment - Annual Amount 8th Year of Services $ 1,015,107.94 Original Agreement - Total Compensation $ 2,703,954.00
First Amendment - Total Compensation $ 2,804,476.00
Second Amendment - Total Compensation $ 2,974,349.00
Third Amendment - Total Compensation $ 3,733,335.61
Fourth Amendment - Total Compensation $ 4,687,964.97
Fifth Amendment - Total Compensation $ 5,817,919.58
Sixth Amendment - Total Compensation $ 6,857,012.26
Seventh Amendment - Total Compensation $ 6,804,323.62
Eighth Amendment - Total Compensation $ 7,761,383.46
Ninth Amendment - Total Additional Compensation $ 1,015,107.94 Total Compensation $ 8,776,492.00
Item: 15
561
CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/19/2022
DEPARTMENT: Public Works
SUBJECT:
AWARD CONSTRUCTION CONTRACT FOR NEIGHBORHOOD PARK
RENOVATIONS: VINTAGE PARK AND SUNDOWNER PARK (PW2017-17D) RECOMMENDED ACTION(S):
1. Approve contract documents for construction of Neighborhood Park Renovations: Vintage Park and Sundowner Park.
2. Award a contract in the amount of $944,047.18 to Diamond Construction & Design
3. Reject all other bids received and authorize return of the bid bonds upon receipt of the executed contract documents from Diamond Construction & Design
4. Authorize the Mayor to sign, and the City Clerk to attest the contract with Diamond Construction & Design.
EXECUTIVE SUMMARY:
This project would renovate Vintage and Sundowner Parks as part of the Neighborhood Park Renovation program. In a memo dated August 2, 2021, the City Manager authorized staff to solicit bids for construction. On March 2, 2022, the City received bids from twelve (12) firms. Bid prices ranged from $944,047.18 to $1,753,568.24. The low bidder is Diamond Construction & Design Construction Company ("DCD"). The total project cost to construct, inspect, provide construction support, and provide contingency for the project is estimated to cost $1,210,000. There are sufficient funds in the Neighborhood Park Improvement Fund to cover the costs of awarding this project.
BACKGROUND:
In July 2018, the City Council approved the conceptual designs and authorized RJM Design Group (“RJM”), the City’s park design consultant, to prepare final designs and construction documents for the ten (10) City Neighborhood Parks Item: 16
562
Renovation Project. The list of parks and their current status are detailed in Table 1 below:
Table 1: Neighborhood Park Renovation Project Status
Previously
Completed
Recently Completed Out for Bid
Cherry Park Darrin Park Borrego Overlook Park
Peachwood Park Montbury Park Rancho Serrano Park
Pebble Creek Park Regency Park
Sundowner Park
Vintage Park
In August 2019, the City Council approved the 2017-2019 Capital Improvements Project Budget Amendment to advance construction funding for Peachwood Park. The City Council also approved the 2019-2021 Capital Improvement Plan, which allocated $3,150,000 in Fiscal Year (“FY”) 2019-20 and $3,500,000 in FY 2020-21. Cherry, Darrin, Montbury, and Pebble Creek Parks were selected to be renovated in FY 2019-20, while the remaining parks were scheduled to be renovated in FY 2020-21. All four parks were temporarily delayed in 2020 due to COVID-19. Subsequently, the City Council awarded the Cherry Park project in July 2020, which was completed in February 2021. Darrin, Montbury, and Pebble Creek Parks were awarded for construction in February 2021 and completed in February 2022.
DISCUSSION:
This project would renovate Vintage and Sundowner Parks. In general, the improvements at Vintage Park consist of grading, landscaping, irrigation, site furnishings, redesigned play area with resilient surfacing, new playground equipment, a new shade structure, and a concrete pathway with exercise equipment. At Sundowner Park, the improvements consist of removal and replacement of various park amenities. Approved concept designs for Vintage and Sundowner parks are attached (Attachment 1). In August 2021, the City Manager authorized staff to solicit bids for construction and on March 2, 2022, the City received bids from thirteen (13) firms. However, one firm did not submit a bid bond and was deemed non-responsive. The bids of the remaining twelve (12) responsive firms ranged from $944,047.18 to $1,753,568.24. The Engineer’s Estimate for the project is $943,650. Staff reviewed DCD’s bid package for completeness. The City utilizes an electronic bidding system that eliminates mathematical errors in the bids, therefore the submitted bid results are as follows:
Item: 16
563
Table 2: Bid Results
Contracting Firm PlanetBids Verified
Base Bid Amounts
Diamond Construction & Design $ 944,047.18
DEARK E&C, Inc $ 971,793.00
Handy Industrial $ 990,920.00
JMJ Construction $1,056,858.95
Klassic Engineering & Construction, Inc. $1,134,355.00
Horizons Construction Company Int’l, Inc. $1,142,512.00 RSB Group, Inc $1,197,769.20
California Landscape & Design, Inc. $1,212,953.25
PubConstruction, Inc (Non-Responsive) $1,284,604.40
C.S. Legacy Construction, Inc. $1,285,602.63
MBC Enterprises, Inc. $1,487,563.11
KASA Construction, Inc. $1,494,285.00
Gentry General Engineering, Inc. $1,753,568.24
After analysis of the bids received, staff determined that DCD was the lowest responsive, responsible bidder for this project. Recently, DCD completed projects for Hoag Hospital, the City of San Clemente, and Crystal Cove State Park. Staff conducted a reference check that indicated DCD is a responsible contractor (Attachment 2). The Finance Department prepared the contract which DCD subsequently executed (Attachment 3). The City Attorney reviewed and approved the contract as to form. The contract bid amount as determined by the estimated quantities is $944,047.18. Per Lake Forest Municipal Code Section
3.13.085, the City Manager may approve additional work not-to-exceed 10% of the final contract amount. Ten percent of the contract costs is $94,404. The total project cost to construct, inspect, provide construction support, and provide contingency for the project is estimated to cost $1,210,000. The contract plans and specifications are not attached to the staff report due to their size; however, they are available for review in the City Clerk’s Office and will be on display in the City Council Chambers before and during the City Council meeting. Staff has attached the approved signed title sheet for the project (Attachment 4).
FISCAL IMPACT:
The total project cost to construct, inspect, provide construction support, and provide contingency for the project is estimated to cost $1,210,000. Approving the recommended action would award a contract to Diamond Construction & Design in the amount of $944,047.18. Sufficient funds exist for the recommended actions.
Item: 16
564
ATTACHMENTS:
1. Park Concept Plans
2. Contractor’s Reference Check
3. Contract with Diamond Construction & Design
4. Signed Title Sheet
Initiated By: Douglas Erdman, Engineering Services Mngr - Asst. City Eng.
Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 16
565
Attachment 1
Item: 16
566
Vintage Park
Neighborhood Park Improvement Plan —
Master Plan Improvements
Tier 1 Improvements
New Play Equipment
with Rubber Surfacing
(No Hillside Slides)
Loop Concrete Walkway
with Exercise Stations
New Cantilever
Shade Structure
Item: 16
567
Sundowner Park
Neighborhood Park Improvement Plan —
Master Plan Improvements
Tier 1 Improvements
• Park Light Replacement
• Replacement of Existing
Site Furnishings
Item: 16
568
Attachment 2
Item: 16
569
Apparent Low Bidder: Contact #1: Contact #2: Contact #3:
Diamond Construction & Design San Clemente Crystal Cove Hoag Hospital Name Greg Deist Brian Carlson Greg Miles
Email [email protected] [email protected]
Phone No. 949-337-3139 949-497-7644 714-773-9272
QUESTION RESPONSE RESPONSE RESPONSE
1. Title and type of project Calle Real - Storm Drain, Water Line Storm Drain Parking Lot Improvements
2. Contract Amount $695,000 $250,000 $448,700 3. Approximate duration 130 working days 6 mo 4 months
4. Actual or estimated project completion date 6/30/2022 8/31/2021 3/15/2021
5. Quality of the work 5 5 5
6. Similarity of the Project Yes 5 4
7. Contractor’s relationship with agency representatives 5 5 4
8. Claims or stop notices No No No
9. Change order requests Yes No Yes10. Agency’s desire to have contractor bid on future projects Yes Yes Yes
11. Additional Comments
Good foreman and oversight of the
project. One justified change order
received.
Quality work, good dealing with public. Diamond worked well through several challenges Questions 5,6,7Rating Scale: 5 - Very Good, 4 - Good, 3 - OK, 2 - Poor, 1 - Very PoorQuestions 8,9,10 - Yes or No Neighborhood Park Renovation - Vintage & Sundowner Parks (PW 2017-17D) Item: 16
570
Attachment 3
Item: 16
571
55136.00200\31919335.1
1 Section 00500
Contract
SECTION 00500
CONTRACT
THIS CONTRACT is made this _____ day of _________, 20__, in the County of Orange, State of California, by and between the City of Lake Forest hereinafter called City, and Diamond Construction and Design, hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:
Neighborhood Park Renovations: sundowner and Vintage Parks (PW 2017-17D) The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within one hundred eighty (180) calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of NINE HUNDRED FORTYFOUR THOUSAND FORTY-SEVEN DOLLARS AND EIGHTEEN CENTS ($944,047.18).
Payment shall be made as set forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of TWO THOUSAND FIVE HUNDRED dollars ($2,500) for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Noncollusion Declaration form
Item: 16
572
Section 00500
Contract
55136.00200\31919335.1
2 Section 00500
Contract
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City Hall or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site. [Signatures on following page]
Item: 16
573
Section 00500
Contract
55136.00200\31919335.1
3 Section 00500
Contract
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
DIAMOND CONSTRUCTION & DESIGN
By
Name:
Title:
License No.
CITY OF LAKE FOREST
By______________________________
Robert Pequeño
Mayor
By
Name:
Title:
(If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED)]
Attest:
[ENTER NAME]
City Clerk
Approved as to Form:
__________________________________
Best Best & Krieger, LLP
City Attorney
END OF CONTRACT
Stelian Onufrei
General Partner
521295
Item: 16
574
Attachment 4
Item: 16
575
Item: 16
576
Item: 16
577
Item: 16
578
CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/19/2022
DEPARTMENT: Finance
SUBJECT:
FISCAL YEAR 2021-22 MID-YEAR BUDGET REVIEW
RECOMMENDED ACTION(S):
Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE BUDGET FOR 2021- 23; AMENDING THE 2021-2028 CAPITAL IMPROVEMENT PLAN; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2021-22
EXECUTIVE SUMMARY:
The proposed Mid-Year Budget Review would increase General Fund revenues by $5,111,600 and increase appropriations by $967,000. In addition, adjustments in other funds and to interfund transfers are proposed to reflect activity to date.
Staff believes the proposed adjustments would update the first year (i.e., Fiscal Year 2021-22) of the 2021-2023 Operating Budget utilizing best available information at this time.
DISCUSSION:
This report will cover recommended changes as part of the Mid-Year Budget Review process. These adjustments include a variety of adjustments to the original adopted budget for the current fiscal year.
Mid-Year Budget Overview:
The Mid-Year Budget Review is presented to the City Council to recommend changes to revenue and appropriations estimates for the fiscal year. The City has a strong tradition of responsible fiscal management and planning. To ensure positive financial results, staff has been carefully monitoring levels of spending, major economic indicators, available information from revenue consultants, and permit activity projections related to City revenues.
Item: 17
579
General Fund Revenues:
Staff performed a detailed analysis of significant revenue sources to assess whether receipts are on target or if adjustments are necessary to arrive at a responsible estimate of revenue levels through the remainder of the fiscal year.
With the uncertainty of COVID-19 pandemic fluctuations and other economic uncertainties, the budget was developed in a fiscally conservative manner. The General Fund has an anticipated revenue increase of $5,111,600, which is summarized in Table 1 below.
Table 1: General Fund Revenue Estimates
Revenue Type Amount
Taxes:
Secured Property Taxes $400,000
Property Taxes – VLF 238,600
Sales & Use Taxes 750,000
Transient Occupancy Taxes 1,500,000
Real Property Transfer Taxes 600,000
Charges for Service:
Developer Plan Check Fees 75,000
Plan Check Fees 130,000
Community Services Fees 293,000
Licenses and Permits
Building Permit Fees 335,000
Developer Building Permit 595,000
Intergovernmental
Reimbursement 20,000
Developer Contributions
Facilities Maintenance Fee 175,000
Total Revenue Increases $5,111,600
Taxes:
Property Taxes – The Property Taxes estimates are based on property value changes between tax years. Based on final numbers from the County Assessor, secured property taxes are estimated to be $11,940,000 and a budget adjustment of $400,000 is proposed to increase the current budget of $11,540,000.
Property Taxes VLF – These vehicle license fee (“VLF”) in-lieu estimates are based on property value changes between tax years. Based on final numbers from the County Assessor, VLF in-lieu taxes are estimated to be $9,753,600, and Item: 17
580
a budget adjustment of $238,624 is proposed to increase the current budget of $9,515,000.
Sales and Use Taxes – The Sales and Use estimates are based on sales tax activities and collections between tax years. Sales and use taxes are recovering towards pre-pandemic levels and the budget adjustment is to reflect that change.
Sales and Use Tax is estimated to be at $18,250,000, and a budget adjustment of $750,000 is proposed to increase the current budget of $17,500,000.
Transient Occupancy Tax “TOT” – The TOT estimates are based on receipts from hotel operators from collection of transient occupancy taxes. Transient Occupancy Tax has been the most protracted post-pandemic tax source to recover. However, at mid-year, the TOT is estimated to be $4,000,000, and a budget adjustment of $1,500,000 is needed to increase the current budget of $2,500,000.
Real Property Transfer Taxes - The Real Property Transfer Tax estimates are based on property value upon transfer of ownership. Real Property Transfer Taxes are estimated to be $1,200,000, and a budget adjustment of $600,000 is proposed to increase the current budget of $600,000.
Charges for Service:
Plan Check Fees – Development within the City continues to move at a rapid pace and the amount of development fees has exceeded original projections.
Development plan check and inspection activities increased primarily due to the Meadows residential projects. The proposed increase in revenues in plan check fees are set to reflect this rapid pace.
Community Services Fees – Revenue estimates for Recreation classes, tournaments and sports field reservations are based on the number of activities during the year. Revenue estimates for services were based upon 2020 levels which were significantly reduced due to the COVID-19 pandemic. The proposed adjustment is to reflect increases in recreational activity since public health restrictions have been lifted.
Licenses and Permits:
Building and Safety Permits – The Building and Safety revenue estimates are based on routine City business for building permits for both residents and commercial applicants. The proposed adjustment is an increase due to heightened building activity.
Item: 17
581
Intergovernmental:
Reimbursement – Table 1 includes reimbursements from the agreement with Irvine Ranch Water District for the Emerald Court Access Road Repair project.
Developer Contributions:
Facilities Maintenance Fees – Table 1 reflects current year activities for facilities maintenance fees pursuant to the developer agreement based on the level of building permit activity during the year.
In summary, proposed General Fund operating revenue estimates result in a net increase of $5,111,600. Proposed operating revenue estimates would total $58,320,000 as a result of the proposed adjustments.
Other Fund Revenues:
The adjustments in Table 2 reflect proposed estimated revenues in other funds:
Table 2: Other Fund Revenue Estimates
Fund Revenue Sources
Adjustment
Increase
(Decrease)
Gas Tax Reimbursement Revenue $67,496
Measure M2 Local Fair Share County Shared Revenues 115,000 Measure M2 Senior Mobility County Shared Revenues 7,000 Measure M2 CFTP Grant Revenues 53,238
Park Development Developer Contributions (515,000)
Lake Forest Traffic Mitigation Developer Contributions (625,000) Foothill Circulation Phasing Plan Developer Contributions 1,500,000 Meadows Traffic Improvement Developer Contributions 2,500,000 Affordable Housing Developer Contributions 94,879
Total Net Adjustment $3,197,613
Gas Tax:
Table 2 includes a reimbursement agreement with Irvine Ranch Water District for the Glenn Ranch Road Rehabilitation Project due to the adjustment of sewer manholes and water valves during construction.
Measure M2 Local Fair Share:
Measure M2 is comprised of the City’s share of the sales tax increase by the Orange County Transportation Authority. Revenue fluctuations are dependent Item: 17
582
on County’s receipt of sales taxes. The updated revenue estimates are based on the most recent data received from OCTA.
Measure M2 Senior Mobility:
Measure M2 Senior Mobility is comprised of the City’s allocation of the sales tax increase by the Orange County Transportation Authority (“OCTA”) dedicated to Senior Mobility. Revenue fluctuations are dependent on County’s receipt of sales taxes. The updated revenue estimates are based on the most recent data received from OCTA.
Measure M2 CFTP:
Measure M2 CFTP is comprised of competitive grants from the Orange County Transportation Authority. The updated revenue estimates are based on the current year activities for grant related activities.
Park Development:
Based on activity to date, a proposed adjustment to revenue for Fiscal Year 2021-22 is recommended because the anticipated funding was received in the prior fiscal year.
Lake Forest Traffic Mitigation:
Based on activity to date, a proposed adjustment to revenue for Fiscal Year 2021-22 is recommended because the anticipated funding was received in the prior fiscal year.
Foothill Circulation Phasing Plan:
The proposed increase reflects the current year activities within this fund based on the collections of fees pursuant to the level of building permit activity during the year.
Meadows Traffic Improvement:
The proposed increase to the Meadows Traffic Improvement Fund reflects the current year activities within this fund pursuant to the development agreement.
Affordable Housing:
The proposed increase reflects the current year activities within this fund based on the collections of fees pursuant to the level of building permit activity during the year.
Item: 17
583
General Fund Operating Appropriations:
The budget currently authorizes $51.4 million in operating appropriations in the General Fund. The adjustments to Fiscal Year 2021-22 General Fund appropriations reflected in Table 3 are proposed due to unanticipated expenses occurring during the fiscal year:
Table 3: General Fund Operating Appropriations
Function Division Description
Adjustment
Increase
(Decrease)
Community
Development
Building Professional
Services
$602,000
Community
Development
Code
Enforcement
Professional
Services
15,000
Public Works Landscape
Repairs &
Replacement
110,000
General Government
Information
Technology Equipment
115,000
Community Services Recreation
Classes,
Tournaments,
Reservations
125,000
Total Appropriation
Increases
$967,000
Community Development – Professional services for the Building and Safety Inspection services of $602,000 is offset by a proposed revenue increase of $1,135,000 under the revenue cost sharing included in the contract. The proposed increase is necessary as building permit activity has exceeded estimates included in the budget as new home construction has remained relatively strong during the pandemic based on the demand for new housing.
Additional professional services in Code Enforcement are proposed for the use of temporary staffing to be utilized on the weekends.
Public Works – This proposed adjustment to appropriations is for three additional public projects to be initiated this Fiscal Year. The projects include Foothill Ranch hockey rink repair, outdoor park exercise equipment repair, as well as graffiti removal.
Information Technology – This proposed adjustment to appropriations is a carryover of prior year funding for the maintenance of AV Equipment and CCTV throughout the Civic Center.
Item: 17
584
Community Services – Community Services costs to administer classes, tournaments, and reservations increased by $125,000 and is offset by a proposed revenue increase of $293,000 based on fees and payments for services.
In summary, proposed General Fund operating appropriations estimates result in a net increase of $967,000. Proposed operating appropriations estimates would total $52,386,594 as a result of the proposed adjustments.
Other Funds-Operating Budget:
The following proposed adjustment to appropriations in other funds reflects proposed adjustments determined to be advisable during the fiscal year.
Table 4: Other Fund Operating Appropriations
Fund Description
Adjustment
Increase
(Decrease)
Beverage Recycling
Grant
Grant Activities $16,160
Park Development Veterans Park Flagpole Installation $10,000 Total Net Adjustment $26,160
Capital Improvement Plan (CIP) Appropriations
The 2021-2028 Capital Improvement Plan authorized $8,058,200 in appropriations for Fiscal Year 2021-22. Per the City’s Financial Management and Budgetary Policy the appropriations were increased by $11,066,869 in carryover appropriations for ongoing projects previously approved but not completed as of June 30, 2021.
Staff evaluated the status of authorized projects to identify any necessary adjustments.
Table 5: Capital Improvement Plan Appropriations
Fund Description Rationale Amount
Gas Tax Arterial Median
Improvement
Advanced Funding of
Fiscal Year 2022-23
Appropriations
$25,000
Gas Tax Arterial Median
Improvement
Additional funded
needing for project
77,405
Park
Development
Portola Lighting Project Project approved by
Council
250,000
Item: 17
585
Fund Description Rationale Amount
LFTM Widening of SB
Jeronimo
Advanced Funding of
Fiscal Year 2022-23
Appropriations
35,500
LFTM Widening of WB Los
Alisos
Advanced Funding of
Fiscal Year 2022-23
Appropriations
100,000
Meadows Traffic
Improvement
Bake and Baffin Bay Additional funded
needing for project
25,000
Total Net Adjustment $512,905
Interfund Transfers
Staff proposes the following adjustments to interfund transfers:
Table 6: Interfund transfers
Fund Description
Adjustment
Increase
(Decrease)
OSA Capital Projects Transfer from Beverage Recycling $27,041 Beverage Recycling Grant Transfer to OSA Capital (27,041) Affordable Housing Transfer from Housing Authority 117,252 Housing Authority Transfer to Affordable Housing (117,252) Adjustments to interfund transfers are proposed based on available revenues and contributions that may be transferred between funds.
Conclusion
In conclusion, approving the proposed adjustments would increase General Fund revenues by $5,111,600, and increase expenditures by $967,000. Staff believes the proposed adjustments to revenues and appropriations would update the first year (i.e., Fiscal Year 2021-22) of the 2021-2023 Operating Budget utilizing best available information at this time.
Table 7 summarizes the projected financial position of the General Fund based on the proposed adjustments:
Table 7: General Fund Summary with proposed adjustments Category
Adopted
(in millions) Prior Adj
Proposed
Increases
Proposed
Budget
Revenues $53.2 $0.0 $5.1 $58.3
Operating Appropriations 51.2 0.2 1.0 52.4
CIP Appropriations 1.4 5.3 0.0 6.7
Item: 17
586
A resolution approving the proposed adjustments is provided as (Attachment 1).
Staff recommends the City Council approve the attached resolution authorizing the budget adjustments described in this report.
FISCAL IMPACT:
The fiscal impact of the recommended action increases General Fund revenues by $5,111,600 and increases General Fund appropriations by $967,000. This action increases Special Revenue and Capital Improvement fund revenues by $3,197,613; increases Capital Improvement appropriations by $512,905; and increases appropriations of other funds by $26,160.
Staff believes the proposed adjustments outlined in the discussion sections above would update the Fiscal Year 2021-22 of the 2021-2023 Operating Budget utilizing best available information.
ATTACHMENTS:
Resolution 2022-XX: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE BUDGET FOR 2021-23; AMENDING THE 2021-2028 CAPITAL IMPROVEMENT PLAN; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2021-22
Initiated By: Amy Lewis, Assistant Director of Finance
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Item: 17
587
Attachment
Item: 17
588
RESOLUTION NO. 2022-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE FOREST, CALIFORNIA, AMENDING THE BUDGET FOR
2021-23; AMENDING THE 2021-2028 CAPITAL
IMPROVEMENT PLAN; AMENDING APPROPRIATIONS FOR
FISCAL YEAR 2021-22
WHEREAS, the Operating Budget for Fiscal Year 2021-2023 and the appropriations for Fiscal Year 2021-22 were adopted by the City Council on June 15, 2021; and
WHEREAS, the Capital Improvement Plan for 2021-28 and the appropriations for Fiscal Year 2021-22 were adopted by the City Council on June 15, 2021; and
WHEREAS, modifications are now required as a result of changes during Fiscal Year 2021-2022.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE FOREST DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
Section 1. The Budget is amended to increase appropriations for Fiscal Year 2021-22 as demonstrated in the following:
REVENUE ESTIMATES
Funding Source Current
Budget
Increase/
(Decrease)
Amended
Budget
General Fund $53,208,400 $5,111,600 $58,320,000
Gas Tax 2,049,800 67,496 2,117,296
Measure M2 Local Fair Share 1,353,000 115,000 1,468,000 Measure M2 Senior Mobility 82,500 7,000 89,500
Measure M2 CFTP - 53,238.40 53,238.40
Park Development Fund 515,000 (515,000) -
Lake Forest Traffic Mitigation 759,100 (625,000) 134,100 Foothill Corridor Phasing Plan 2,032,300 1,500,000 3,132,300 Meadows Traffic Improvements - 2,500,000 2,500,000
Affordable Housing Projects 316,300 94,878.56 411,178.56 Item: 17
589
GENERAL FUND REVENUE ESTIMATES BY TYPE
General Fund/Revenue
Type
Current Budget Increase Amended
Budget
Taxes
Property Taxes $21,782,000 $638,600 $22,420,600
Sales and Use Taxes 17,500,000 750,000 18,250,000
Transient Occupancy
Taxes
2,500,000 1,500,000 4,000,000
Real Property Transfer
Tax
600,000 600,000 1,200,000
Licenses and Permits 2,386,000 930,000 3,316,000
Charges for Services 4,215,300 498,000 4,713,300
Intergovernmental 435,600 20,000 455,600
Developer Contribution
Maintenance Fee
247,000 175,000 422,000
GENERAL FUND OPERATING APPROPRIATIONS FOR FISCAL YEAR 2021-22 General Fund/Expenditure
Program
Current Budget Increase Amended
Appropriation
Information Technology $2,276,900 $115,000 $2,391,900
Community Development 3,676,000 617,000 4,293,000
Public Works 13,592,779 110,000 13,702,779
Community Services 3,272,900 125,000 3,397,900
ALL OTHER FUNDS OPERATING APPROPRIATIONS
Funding
Source/Expenditure
Program
Current
Budget
Increase Amended
Appropriation
Park Development –
Veteran’s Park Flagpole
Installation - $10,000 $10,000
Beverage Recycling – Public
Works 15,500 16,160 31,660
Item: 17
590
CAPITAL IMPROVEMENT PLAN APPROPRIATIONS FOR FISCAL YEAR 2021-22 Funding Source Project Current
Budget
Increase Amended
Appropriation
Gas Tax Arterial Median
Improvement
- $102,405 $102,405
Park Development Portola Lighting
Project
- 250,000 250,000
Lake Forest Traffic
Mitigation
Widening of SB
Jeronimo
- 35,500 35,500
Lake Forest Traffic
Mitigation
Widening of WB
Los Alisos
- 100,000 100,000
Meadows Traffic
Improvements
Bake and Baffin
Bay 25,000 25,000 50,000
Section 2. The adjustments to interfund transfers as set forth in the City staff report are hereby approved.
Section 3. The Director of Finance is hereby authorized to move appropriations between line items within departmental budgets in concurrent with Department Directors.
Section 4. The City Manager is hereby authorized to transfer appropriations from one department to another or between funds within the Operating Budget with notification to the City Council Audit Committee.
Section 5. The City Manager is hereby authorized to transfer appropriations from a capital improvement project to another existing project within the adopted Capital Improvement Program with notification to the City Council Audit Committee
Section 6. The City Clerk shall attest as to the adoption and execution of this Resolution and cause the same to be maintained in the permanent records of the City.
PASSED, APPROVED AND ADOPTED this 19th day of April 2022, by the following vote, to wit:
Item: 17
591
________________________
ROBERT PEQUEÑO
MAYOR
ATTEST:
LISA BERGLUND
CITY CLERK
APPROVED AS TO FORM:
MATTHEW RICHARDSON
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2022-____was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 19th day of April 2022, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
LISA BERGLUND
CITY CLERK
Item: 17
592
CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/19/2022
DEPARTMENT: Public Works
SUBJECT:
AD-HOC COMMITTEE FOR SOLID WASTE FRANCHISE AGREEMENT
PROCUREMENT
RECOMMENDED ACTION(S):
Create a Solid Waste Procurement Ad-Hoc Committee and appoint two (2) City Council Members
EXECUTIVE SUMMARY:
The City has begun the process of procuring a new solid waste and recycling franchise agreement. Staff anticipates completing the procurement process in November 2023. Per a Memorandum of Understanding (“MOU”) between the Cities of Lake Forest and Laguna Hills, the procurement team consists of staff from both agencies working jointly with a solid waste consultant. To assist the team in developing procurement documents, staff is recommending the creation of a Solid Waste Procurement Ad Hoc Committee consisting of staff and two City Councilmembers from each City. The Solid Waste Procurement Ad Hoc Committee would support the team for a period of approximately ten months in the creation of the Request for Proposals (“RFP”) and the Draft Franchise Agreement. Given that the General Election will occur during the term of the Committee and procurement process, staff recommends appointing City Council members whose terms are not subject to reelection in 2022. Creation and appointment to the Committee is at the discretion of the City Council.
BACKGROUND:
On March 4, 2014, the City Council awarded a franchise agreement to CR&R Environmental Services, Inc. for the collection, transportation, processing, and diversion of recyclable materials and municipal solid waste (“Franchise Agreement”). The original term of the Franchise Agreement was May 1, 2014, through April 30, 2022. The Franchise Agreement includes two one-year extensions that CR&R could earn by meeting certain performance goals designed to increase the City’s waste diversion from landfills. The City Council awarded the first one-year extension on February 21, 2017. On April 20, 2021, Item: 18
593
the City Council extended the term of the Franchise Agreement to June 30, 2024.
The City of Laguna Hills holds a franchise agreement for similar solid waste services that also expires on June 30, 2024.
On September 20, 2021, the Cities of Lake Forest and Laguna Hills entered into a MOU for the purpose of undertaking a joint solid waste procurement process (Attachment 1). After a joint procurement process with Laguna Hills, the City Council awarded an agreement to EcoNomics, Inc. (“EcoNomics”) on February 1, 2022, to serve as the consulting firm during the procurement process.
DISCUSSION:
The procurement process to award a solid waste and recycling franchise agreement effective July 1, 2024, has started. A project schedule with anticipated milestone dates is attached (Attachment 2). The procurement team consists of staff from Lake Forest and Laguna Hills and the solid waste consultant, EcoNomics. Staff recommends creating a Solid Waste Procurement Ad Hoc Committee (“Committee”) to assist the team in developing the procurement documents.
In addition to staff from both cities, the Committee would include two City Council members from each agency to participate and provide support during the creation of the RFP document and a draft franchise agreement. The Committee would act in an advisory capacity only. Staff would return to the City Council with recommendations from the Committee.
Staff anticipates the Committee would meet monthly, or as needed, for a period of nine to ten months. During the meetings, discussions would include specific franchise scope of work such as organics collection, construction and demolition exclusivity, recycling coordinators, diversion programs, the use of alternative fuel vehicles, and other available services.
The City of Laguna Hills is scheduled to discuss participation in the Committee during its May 10, 2022, regular City Council meeting. Following appointments to the Committee, meetings would begin as early as May 2022 and would extend to February 2023. Given that the General Election will occur during the term of the Committee and procurement process, staff recommends appointing City Council members whose terms are not subject to reelection in 2022. Staff believes the assured consistency of Committee members during the entire procurement process would provide continuity of leadership and ultimately be more effective and efficient. The creation and appointment of City Council Members to the Solid Waste Procurement Ad Hoc Committee is at the discretion of the City Council.
Item: 18
594
FISCAL IMPACT:
There is minimal fiscal impact for the recommended action.
ATTACHMENTS:
1. Memorandum of Understanding
2. Calendar of Anticipated Milestones
Initiated By: Christine Groves, Senior Management Analyst Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 18
595
Attachment 1
Item: 18
596
Item: 18
597
Item: 18
598
Item: 18
599
Item: 18
600
Item: 18
601
Item: 18
602
Attachment 2
Item: 18
603
SOLID WASTE FRANCHISE RFP ANTICIPATED MILESTONES
DATE ACTIVITY
FEB 2022 - APR 2022 Project kick-off with the City of Laguna Hills to review current contractual provisions of each agency and
develop RFP timeline
MAY 2022 - FEB 2023 Ad Hoc Committee monthly meetings begin to discuss specific scope of work such as organics
collection, construction and demolition roll-off
exclusivity, recycling coordinators, diversion
programs, the use of alternative fuel vehicles, other
available services
MAY 2022 - FEB 2023 Consultant concurrently uses Ad Hoc committee discussions to develop draft contract, scope of work,
RFP, and forms
FEB - MAR 2023 City Attorney reviews draft documents
MAY 2023 RFP package presented to City Council for approval MAY 2023 RFP released and mandatory pre-proposal meeting held for prospective proposers
JUL 2023 Proposals due
JUL - SEP 2023 Procurement team evaluates proposals and conducts interviews as needed
SEP - NOV 2023 Consultant prepares final contract documents NOV 2023 Award recommendation presented to City Council Item: 18
604
CITY COUNCIL AGENDA REPORT
MEETING DATE: 4/19/2022
DEPARTMENT: City Manager
SUBJECT:
STRATEGIC PLAN QUARTERLY UPDATE
RECOMMENDED ACTION(S):
Receive and file.
EXECUTIVE SUMMARY:
On June 15, 2021, the City Council approved the City’s Strategic Business Plan covering Fiscal Years 2021-22 through 2027-28 (“Strategic Plan”). The Strategic Plan includes the major goals established by the City Council and a series of initiatives that facilitate progress towards each goal. The Strategic Plan’s Implementation Matrix includes 66 initiatives (Attachment 1). Each initiative has been assigned a lead department and description of the funding source.
Each quarter, the City Manager’s Office provides an update to the City Council summarizing the progress made on the Strategic Plan during the preceding three months. This is the third quarterly report submitted to the City Council since the passage of the Strategic Plan in 2021. Since the Strategic Plan’s inception on June 15, 2021, the City has either started, made substantial progress towards completion, or completed 55 of the 66 initiatives (Attachment 2).
BACKGROUND:
The City’s Strategic Plan was approved on June 15, 2021. The Strategic Plan was developed through a comprehensive public engagement process that included residents, each commission, and the City Council. The Strategic Plan includes three major goals:
Goal A - Our livable City is well-planned, attractive, and safe.
Goal B – Our connected City is engaged, informed, and technologically current.
Item: 19
605
Goal C – Our healthy City government is sustainable and well-run with committed people.
The Strategic Plan’s Implementation Matrix includes 66 initiatives that are assigned to one of the three goals. Each of these initiatives facilitate progress towards one of the goals.
DISCUSSION:
The City Manager’s Office administers the City’s Strategic Plan and periodically receives reports from departments to assess the progress made towards plan goals. Since the passage of the Strategic Plan on June 15, 2021, the City has either started, made substantial progress towards completing, or completed 55 of the 66 initiatives. The overall progress made on the Strategic Plan is illustrated in Attachment 1.
The City Manager’s Office has selected eight Strategic Plan initiatives to highlight for this quarterly report (Table 1).
Table 1: Q3 2021-22 Strategic Plan Quarterly Report Highlights Initiative Description Update
SP#1 - Lake
Forest
Transportation
Mitigation Program
Complete
infrastructure
projects that increase
mobility and reduce
congestion with Lake
Forest
Transportation
Mitigation (LFTM)
funds paid for by
developments.
Contracts to design the
improvements to these three
LFTM projects were approved on
December 21, 2021.
- Bake Pkwy & Jeronimo Rd
(LFTM) (# PW 2020-04)
- Lake Forest Dr & Jeronimo Rd
(LFTM) (# PW 2020-03)
- Los Alisos & Rockfield (LFTM) (#
PW 2022-11)
SP#3 - Foothill
Circulation
Phasing Plan
Utilize developerfunded Foothill
Circulation Phasing
Plan (FCPP) to make
various
transportation
improvements that
reduce congestion
and improve traffic
flow.
Contracts to design the
improvements to all three FCPP
projects were approved on
December 21, 2021.
- Los Alisos Blvd/Muirlands Blvd
Intersection Improvements (# PW
2019-07)
- Jeronimo Rd Widening at El Toro
Rd (# PW 2019-08)
Item: 19
606
Initiative Description Update
- El Toro Rd Raised Medians from
Jeronimo Rd to Trabuco Rd (# PW
2020-07)"
SP#9 – Broadband
Feasibility Study
Procure consultant to
conduct feasibility
study related to Cityled broadband
initiative.
Since the adoption of the Strategic
Plan, the City has received
inquiries and conceptual plans
from multiple private broadband
providers interested in establishing
new broadband networks. At this
time, staff suggests placing this
initiative on hold until the
conceptual plans proposed by the
potential new entrants to the local
broadband market can be
assessed.
SP#12 – Mountain
View Affordable
Housing Project
Develop public
engagement plan
related to the
National CORE
affordable housing
development.
The Mountain View Affordable
Housing Project broke ground on
March 15, 2022. Staff compiled a
comprehensive list of outreach
activities to keep the public
informed throughout the
construction process. Outreach
actives include brief updates
distributed through e-news, social
media posts, and the Mayor’s
Minute. Outreach will also include
more comprehensive actions like
an upcoming town hall meeting on
homelessness and video
segments describing the impact of
the project.
SP#13 – Housing
Mandates
Update City
ordinances,
regulations, and
programs to comply
with State mandates
in a manner that best
reflects City values.
On March 15, 2022, the City
Council adopted Ordinance No.
350, which established objective
design and development
standards to regulate lot splits in
response to California Senate Bill
9 (“SB 9”). At that same March
15, 2022 City Council meeting, the
Item: 19
607
Initiative Description Update
City Council approved Ordinance
No. 351, which established
objective design standards for
certain multifamily properties
subject to “by-right” development
approval established by California
Senate Bill 35 (“SB 35”).
SP#22 – Craft
Show and Art Fair
Transform
Community Center
into boutique for
crafts by Lake Forest
artists and crafters.
Craft Show and Art Fair held on
April 2, 2022. Over 400 in
attendance and 53 vendors.
Event held at the Lake Forest
Community Center.
SP #39 –
Accessibility
Enhancements
Expand and preserve
access to City Hall
by analyzing how
Census data may
impact resident
communication,
increase disability
accommodations,
and provide other
services to ensure
broad community
participation.
The City Clerk’s Office will go live
with GovQA software this month.
This software will enable residents
to efficiently request and receive
public records online.
SP#42 -
Redistricting
Engage the
community in the
redistricting process
based upon 2020
U.S. Census.
City Council approved final City
Council district maps on April 5,
2022. This concluded the
comprehensive public
engagement and public hearing
process that began in late 2021.
SP#53 –
Implement 1%
Review
Annually review
certain services that
obligate at least 1%
of the General Fund
budget.
The City Council Audit Committee
(“Audit Committee”) received its
first 1% Review Report on the
City’s various landscaping
maintenance contracts on
December 6, 2021. The Audit
Committee will receive the next
1% Review Report regarding
Item: 19
608
Initiative Description Update
contractual street maintenance
services on May 24, 2022.
SP#54 –
Comprehensive
Update to
Purchasing
Polices
Update the City's
Purchasing Policies
and increase staff
training to accurately
identify contract
scope to match
services needed.
Improve procurement
document strategy.
The City Council approved the
comprehensive revision of the
City’s Purchasing and Contracting
Guidelines on March 15, 2022.
This action streamlined the
procurement process and updated
guidelines to reflect the practical
demands of procuring contracts
and goods.
SP#65 -
Restaurant
Recovery
Develop funding
program to assist
restaurants with
economic recovery.
On February 15, 2022, the City
Council approved an adjustment
to the City’s ARPA plans in
response to the issuance of the
Final Rule from the U.S. Treasury.
As a result, the City is provided
greater flexibility in crafting
economic development programs
for restaurants and other
industries. On March 29, 2022,
the City received proposals from
consultants interested in assisting
the City with this effort. The
procurement process is scheduled
to conclude in late May 2022.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
1. Strategic Plan Implementation Matrix
2. Strategic Plan Q3 Progress Report
Item: 19
609
Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager
Item: 19
610
ATTACHMENT 1
Item: 19
611
!ǞɈɯȌǏmƊDzƵIȌȲƵȺɈے²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׁ׃
Implementation Matrix
ǶƊȁ§ɈȲƊɈƵǐǞƧ²ׂ׀ׁׂׂٌ׀ׂ
Item: 19
612
ׁׄ
Initiative
#/Title Initiative/Project Description
ׁح§²
׃ح§²
ׄح§²
ׅح§²
ׂ׆ح§²
Lake Forest
Transportation
Mitigation
Program
ׂح§²
wƵƊƮȌɩȺ
TraǏǏǞƧ
Mitigation
Program
Foothill
Circulation
Phasing Plan
New Traffic
Circulation/
Mobility Projects
Traffic Signal
Synchronization
Maintain “Good”
Pavement Condition
of the City’s Roads
Complete infrastructure projects that increase mobility and reduce congestion with Local IȌȲƵȺɈÀȲƊȁȺȯȌȲɈƊɈǞȌȁMitigation ـmIÀwفǏunds paid for by developments. - Lake Forest Rd & Rancho Pkwy (LFTM) (# PW 2020-06) - El Toro Rd & Portola Pkwy/Santa Margarita Pkwy (LFTM) (# PW 2019-03) - Bake Pkwy & Irvine Blvd/Trabuco Rd (LFTM) (# PW 2019-02)- Bake Pkwy & Jeronimo Rd (LFTM) (# PW 2020-04)- Lake Forest Dr & Jeronimo Rd (LFTM) (# PW 2020-03)- Lake Forest Dr & Rockfield Blvd (LFTM) (# PW 2019-06)- Los Alisos & Rockfield (LFTM) (# PW 2022-11)- Lake Forest Dr & I-5 (LFTM/NITM) (# PW 2028-10)- Bake Pkwy & Rockfield - not within City-limits (LFTM) (# PW 2028-11) Utilize developer-funded Foothill Circulation Phasing Plan (FCPP) to make various transpȌȲɈƊɈǞȌȁ improvements that reduce congestion and improve traffic flow. - Los Alisos Blvd/Muirlands Blvd Intersection Improvements (# PW 2019-07)- Jeronimo Rd Widening at El Toro Rd (# PW 2019-08)- El Toro Rd Raised Medians from Jeronimo Rd to Trabuco Rd (# PW 2020-07) Projects which increase mobility and implement new approaches to traffic circulation. - Protective Permissive Left Turn Project (# PW 2023-03)- Audible Pedestrian Signals (APS) (# PW 2023-0ׂ) - Increase Bike Lanes in Lake Forest (# PW 2020-05B)- Trabuco Rd Ascension Cemetery Left Turn Holding Pocket (# PW 2025-02) Utilize grants and other transpȌrɈation funds to complete traffic signal synchronization projects that provide more efficient traffic flow. - Alton Pkwy (# PW 2020-16)- Portola Pkwy (# PW 2020-15)- Rockfield Blvd (# PW 2023-04)Use Meadows Traffic Improvement Funds (MTIF) to manage impacts related to the Meadows development. - Bake Pkwy/Baffin Bay Intersection Improvements (# PW 2020-19)- Bake Pkwy/Toledo Way Intersection Improvements (# PW 2020-18) Construct pavement rehabilitation projects to repair and maintain the quality of the roads (# PW 2021-05A/B, # PW 2022-05A/B, # PW 2023-05A/B, # PW 2024-05A/B, # PW 2025-05A/B, # PW 2026-05A/B, # PW 2027-05A/B, # PW 2027ٌ8-05A/B).
Goal A Our livable City is well-planned, attractive, and safe.
Priority Area 1 - Well-Planned: Purposeful direction in land use andtransportation planning create a community future generations will value.
Strategy (a): Prioritize initiatives to reduce traffic congestion, improve mobility, and manage on-street parking. !ǞɈɯȌǏmƊDzƵIȌȲƵȺɈے²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׁׅ
Lead
Department
Budget
Impact Fund Estimated Completion Date
PublicWorksPublicWorksPublicWorksPublicWorksPublicWorksPublicWorks $8,948,400
$2,475,000
$5,025,000
$1,415,000
$525,000
$28,000,000
LFTM/NITM
Meadows
Traffic
Improvement
Funds
General Fund/
CDBG/M2/SB1
Gas Tax,
AQMD, and
Grants
Measure M2 Fair
Share / Gas Tax - Road
Maintenance
Rehabilitation Account
/ Gas Tax / City Road
Infrastructure Fund
FCCP
FY 2021-22 - FY 2025-26FY 2021-22 - FY 2025-26
FY 2021-22 - FY 2023-24
FY 2021-22 - FY 2027-28
FY 2022-23 - FY 2023-24FY 2022-23 - FY 2023-24
Item: 19
613
׆ׁ
Initiative
#/Title Initiative/Project Description
׃׆ح§²
׆ح§²
ׇح§²
ح§²
׀ׁح§²
ׁׁح§²
ׁׂح§²
ׄ׆ح§²
׃ׁح§²
Arterial Median
Improvement
Project
Permit Parking
Software
General Plan
Implementation
Mixed-Use
Zoning
Housing Element
Update
Mandatory
Food Waste &
Commercial
Recycling
Mountain View
Affordable Housing
Project
Retail Attraction
Housing
Mandates
Installation of raised hardscaped medians would improve traffic safety. These locations include Trabuco Rd north of El Toro Rd, and on Rockfield Blvd south of Lake Forest Dr (# PW 2022-02).Prepare objective design standards and development requirements to implement the Mixed-Use land designations included in the General Plan Update 2040. (ƵɨƵǶȌȯ ƊȁƮ ǞǿȯǶƵǿƵȁɈ ȯȲȌǐȲƊǿȺ ɈȌ ȯȲȌǿȌɈƵ ƵȁƵȲǐɯ ƧȌȁȺƵȲɨƊɈǞȌȁ Ǟȁ ƧȌȁȺɈȲɐƧɈǞȌȁƊȁƮɈȲƊȁȺȯȌȲɈƊɈǞȌȁȯȲȌǯƵƧɈȺخ§ȲȌƧɐȲƵƊƧȌȁȺɐǶɈƊȁɈɈȌƊȺȺǞȺɈɩǞɈǘǞǿȯǶƵǿƵȁɈǞȁǐƵȁƵȲǐɯƧȌȁȺƵȲɨƊɈǞȌȁƊȁƮȯȌǶǶɐɈǞȌȁȲƵƮɐƧɈǞȌȁȺɈȲƊɈƵǐǞƵȺخ Utilize grant funding to update required General Plan Element that provides analysis of housing needs and identifies sites to accommodate housing for all residents regardless of income (RHNA).Develop SB 1383 compliant program. Provide organic waste collection for all residents and businesses, establish edible food recovery program, conduct public outreach and education, adopt an organics diversion ordinance with enforceable mechanisms, and adopt procurement policy that includes the use of recycled organics materials.
Work with City consultant(s) to retain and enhance business attraction services.
Mobile app to efficiently administer and enforce permit parking while improving resident experience for annual renewal and guest passes.
Develop public engagement plan related to the National CORE affordable housing development.
ÇȯƮƊɈƵ!ǞɈɯȌȲƮǞȁƊȁƧƵȺةȲƵǐɐǶƊɈǞȌȁȺةƊȁƮȯȲȌǐȲƊǿȺɈȌƧȌǿȯǶɯɩǞɈǘ²ɈƊɈƵǿƊȁƮƊɈƵȺǞȁƊǿƊȁȁƵȲɈǘƊɈƦƵȺɈȲƵǏǶƵƧɈȺ!ǞɈɯɨƊǶɐƵȺخ Strategy (a): Prioritize initiatives to reduce traffic congestion, improve mobility, and manage on-street parking.
Strategy (b): Develop and implement initiatives that leverage changes in retail shopping preferences, telecommuting, and technology.
Strategy (c): Ensure that economic and housing initiatives provide opportunitiesfor all residents. Strategy (d): Strategically accommodate State mandates to ensure the highest levelof local control, community involvement, and organizational effectiveness.
Strategy (e): Maintain business attraction services to bring new retail stores to the city. !ǞɈɯȌǏmƊDzƵIȌȲƵȺɈے²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׇׁ
Lead
Department
Budget
Impact Fund Estimated Completion Date
PublicWorksPublicWorks
Public
Works/
Management
Services
Management
Services/
City Manager
Community
Development
Community
Development
Community
Development
Community
Development
Economic
Development
$225,000
$10,000
$75,000
$94,000
$15,000
$20,000
$3,000
Staff
Resources
$120,000
General FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral Fund Gas Tax
General Fund
(Reimbursed through
LEAP Grant)
General Fund
(Reimbursed through
LEAP Grant)
FY 2023-24
FY 2022-23
FY 2021-22FY 2021-22FY 2021-22FY 2021-22FY 2021-22FY 2021-22 On-going
Item: 19
614
ׁ
Initiative
#/Title Initiative/Project Description
ׅ׆ح§²
ׁׄح§²
ׁׅح§²
׆ׁح§²
ׇׁح§²
ׁح§²
ׁح§²
׆׆ح§²
Restaurant
Recovery
Citywide Street
Sign Refresh
Southwest
Lake Forest
Neighborhood
Task Force
Noise Ordinance
Update
Arbor Mini Parks
Park
Enhancements
Neighborhood
Park Renovations
- Phase 3
Open for Business
Campaign
Develop funding program to assist restaurants with economic recovery.
Create new street name sign design and replace street signs citywide, beginning in southwest Lake Forest (# PW 2021-06 and # PW 2022-06).Interdepartmental task force to address neighborhood concerns identified in the January 2021 Community Satisfaction Study.
Renovate Lake Forest Park and the Nature Park based upon a community input process (# PW 2023-06).
Develop and implement noise mitigation strategies to protect residents from excessive exposure to noise.
Reactivate Arbor Mini Parks through new uses, perimeter fencing, and new landscape (# PW 2019-17).
Facilitate outdoor dining through local zoning and programs that support and promote open-air, take-out, and delivery options.
Strategy (f): Develop and implement initiatives to address negative economic impactscaused by COVID-19.
Strategy (a): Enhance the City’s overall visual character, maintain City assets, and proactively reinvest in Lake Forest.
Strategy (b): Consistently invest in the City’s park system.
Priority Area 2 - Attractive: Investment and maintenance in public facilities, infrastructure, and natural resources enhances visual character of the City and supports quality neighborhoods.
Complete various significant maintenance or enhancement projects to retain the highquality of the City’s park facilities. - Playground Resurfacing Projects (# PW 2021-08)- Heroes Park Electrical Repairs and LED/Efficiency Upgrades (# PW 2022-08)- El Toro Lodge Pole Fencing Repairs (# PW 2021-09)- Park Gazebo Repair & Replacement (# PW 2022-09)- Replace synthetic fields installed in 2014 at the Lake Forest Sports Park (# PW 2024-02) !ǞɈɯȌǏmƊDzƵIȌȲƵȺɈے²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׁ
Lead
Department
Budget
Impact Fund Estimated Completion Date
Economic
Development
City Manager/
Community
Development/
Public Works
Economic
Development
Community
Development
PublicWorksPublicWorksPublicWorks
Staff
Resources
$70,000
$820,000
$600,000
$2,220,000
$75,000
TBD/$300k
Staff
Resources
General Fund/
TBD
General Fund/
CDBG/Prop 68
Park
Development Fund
General FundGeneral FundGeneral FundGeneral FundGeneral Fund ׃ׂׂׂٌ׀ׂIæۋׁׂׂׂٌ׀ׂ FY
FY 2023-24
FY 2024-25
FY 2021-22FY 2021-22
FY 2021-22 - FY 2024-25
FY 2021-22
FY 2022-23
PublicWorks
Item: 19
615
׀ׂ
׀ׂح§²
ׂׄح§²
ׇׂح§²
ׁׂح§²
ׂׅح§²
ׂح§²
ׂح§²
9 ح§²
׆ׂح§²
ׂׂح§²
׃ׂح§²
Assess Efficiency
Updates to
Lighting Citywide
Increase Law
Enforcement Contract
by Adding Two
Deputy Sheriffs
Neighborhood
Watch
Revamp Lake
Forest Leadership
Academy
Community Choice
Aggregation
Community
Engagement Project
Lake Forest
Geofence
Business Watch
Broadband
Feasibility Study
“Stay Safe Lake
Forest” Campaign
Craft Show and
Art Fair
Offer Recreation that
Reflects the Interests
of the Community
Comprehensively assess lighting at City facilities to determine if LED retrofitting can provide cost savings and increase light coverage.
Add two full-service deputies to the City’s contract with OCSD (first year costs: $800,000, on going costs: $600,000.
Increase participation and effectiveness of the neighborhood watch program.
Implement the City’s CCA Community Engagement Plan to help determine the City’s interest in pursuing CCA.
Expand the use of the City’s Automatic License Plate Reader System Cameras by adding cameras at major arterial intersections or high traffic areas near city borders.
Work in conjunction with OCSD to bolster/enhance OCSD’s business watch program for Lake Forest.
Launch an updated version of the Lake Forest Leadership Academy that includes modules for neighborhood watch, business watch, and homelessness.
Continue public education initiatives to maintain a low crime rate in the City such as ²ɈƊɯSafe Lake Forest, a series of community seminars to educate residents on crime prevention/safety.
Identify emerging recreation, sports, and activities that interest the community, such as pickleball tournaments.Procure consultant to conduct feasibility study related to a City-led broadband initiative.
Strategy (c): Evaluate future options for the City’s infrastructure and utility resources.
Strategy (a): Maintain a low crime rate in a cost-effective manner.
Strategy (b): Maintain public safety by engaging community members.
Strategy (d): Provide civic and recreational opportunities appealing to community demographics.
Transform Community Center into boutique for crafts by Lake Forest artists and crafters.
Priority Area 3 - Safe: Excellent public safety efforts maintain a family-friendly environment and high quality of life.
Initiative
#/Title Initiative/Project Description
!ǞɈɯȌǏmƊDzƵIȌȲƵȺɈے²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׁׂ
City Manager/
Economic
Development
Police Services
City Manager
Management
Services
Management
Services
Management
Services
Management
Services
$20,500
$80,000
$3,000
TBDTBD
$85,000 (est.)
$0
$565,000
$800,000
Staff
Resources
Staff
Resources
General FundGeneral FundGeneral Fund
General Fund/
TBD
General Fund
General FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral Fund FY 2023-24
TBA
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22
FY 2022-2023
FY 2021-22
FY 2021-22
FY 2021-22 & FY 2022-23
PublicWorks
City Manager
Police ServicesPolice Services
Lead
Department
Budget
Impact Fund Estimated Completion Date
Item: 19
616
ׂׂ
׀׃ح§²
ׁ׃ح§²
ׂ׃ح§²
Local Hazard
Mitigation Plan
City AM
1690 Radio
Comprehensive
Emergency
Management Plan
Identify risks and vulnerability associated with natural disasters and develop long-term strategies for protecting people and property from future hazards.Establish AM radio station to communicate with residents during wildfires or other emergency events. Emphasis on emergency preparedness.Procure consultant services to produce a new, comprehensive emergency management plan.
Strategy (c): Develop comprehensive emergency management strategies that preparethe City to respond effectively to unpredictable events.
Initiative
#/Title
Initiative
#/Title
Initiative/Project Description
Initiative/Project Description
׃׃ح§²
ׄ׃ح§²
ׅ׃ح§²
׆׃ح§²
ׇ׃ح§²
׃ح§²
Explore Emerging
Technology
to Increase
Communication
New Website
2021 4th of July
Fireworks Show &
Summer Concert
Series
Lake Forest Sports
Park Tournaments
Resident-Led
Emergency
Preparedness
Literature and
Culture
Explore the use of new technologies to communicate with residents and businesses to encourage two-way connectivity.Bring the community together to celebrate the 4th of July with a concert and fireworks show and reinstitute the City’s summer concert series.Engage the community with a storytelling festival, author presentations for all ages, and reading contests.Train graduates of CERT basic class to lead CERT program and launch Lake Forest amateur radio operators bi monthly meeting.Increase number of tournaments from 11 to 24 annually.Launch new City website.
Goal B Our connected city is engaged, informed, and technologically current. Priority Area 1 - Engaged: Outreach, creative events, and programs inspire connection and engagement between the community and City government.
Strategy (a): Maintain a communications and marketing strategy, including two-way communication that enhances community engagement. Strategy (b): Reinvigorate civic life in the post-COVID-19 environment via special events and programs. !ǞɈɯȌǏmƊDzƵIȌȲƵȺɈے²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׂ׃
$75,000
$3,000
$250,000
General FundGeneral Fund
General Fund/
TBD
FY 2022-23
On-going
FY 2021-22
Community
Development
Management
Services
Management
Services
Management
Services
Management
Services
Management
Services
Management
Services
Management
Services
Management
Services
Lead
Department
Lead
Department
Budget
Impact
Budget
Impact
Fund
Fund
Estimated Completion Date
Estimated Completion Date
Staff
Resources
$65,000
$154,000
$5,000
TBD
$500
General FundGeneral Fund
General Fund
General Fund
General Fund
General Fund
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22FY 2021-22FY 2021-22
Item: 19
617
ׂׄ
׃ح§²
׃ׄح§²
ׄׄح§²
׀ׄح§²
ׁׄح§²
ׂׄح§²
Accessibility
Enhancements
Broadcast City
Commission
Meetings on LFTV
Expand “Pop Up”
City Hall
Lake Forest TV
Performing Arts
Advisory Committee
Redistricting
Expand and preserve access to City Hall by analyzing how Census data may impact resident communication, increase disability accommodations, and provide other services to ensure broad community participation.Broadcast all commission meetings on LFTV, enabling all residents to view proceedings on COX ch. 851.Transition from ad hoc “Pop Up City Hall” events to a regularly scheduled “Pop Up City Hall” allowing for promotion via the Leaflet.Launch Lake Forest TV and develop content to increase opportunities for residents to learn about the City’s decision-making processes.Form an advisory committee to the Community Services Commission to build upon the use ȌǏthe City’s Performing Arts Center.Engage the community in the redistricting process based upon 2020 US Census.
Strategy (c): 0ȁȺɐȲƵɈǘƊɈɈǘƵ!ǞɈɯٚȺƮƵƧǞȺǞȌȁǿƊDzǞȁǐȯȲȌƧƵȺȺȲƵǿƊǞȁȺƊƧƧƵȺȺǞƦǶƵɈȌƊǶǶȲƵȺǞƮƵȁɈȺخStrategy (a): (ƵɨƵǶȌȯȯȲȌǐȲƊǿȺɈȌƵɮȯƊȁƮƊƧƧƵȺȺɈȌ!ǞɈɯǐȌɨƵȲȁǿƵȁɈخ Priority Area 2 - Informed: ÀȲƊȁȺȯƊȲƵȁƧɯƊƦȌɐɈƮƵƧǞȺǞȌȁǿƊDzǞȁǐƊȁƮǐȌɨƵȲȁǿƵȁɈȯƵȲǏȌȲǿƊȁƧƵƧɐǶɈǞɨƊɈƵȺȯɐƦǶǞƧɈȲɐȺɈخ Initiative
#/Title Initiative/Project Description
ׅׄح§²
׆ׄح§²
Measure Quality of
Services and Programs
Lake Forest Leadership
Academy -
Graduate Course
Continue biennial Community Satisfaction Study and utilize new technology to perform ad hoc surveys as needed.Develop a graduate/continuing studies version of the Lake Forest Citizens’ Leadership Academy with an increased focus on important issues and to maintain resident “goodwill ambassadors.” Strategy (b): Involve the public in measuring the quality and effectiveness in services delivered by the city. ׇׄح§²
ׄح§²
ׄح§²
Asset Inventory &
Management System
Financial
Management System
Document Imaging
and Storage System
The City will procure a consultant to conduct an inventory and condition assessment of city owned assets in developǞȁǐan Asset Management Plan.Procure a new document retention system to increase public access to City records.Procure and implement a financial management system (ERP) to modernize financial practices and provide opportunities for resident self-service access to City services.
Strategy (a): Enhance efficiencies and services through technology.
Priority Area 3. Technologically Current: Innovative technologies enhance organizational efficiency and help our community. !ǞɈɯȌǏmƊDzƵIȌȲƵȺɈے²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׂׅ
City Clerk
City Clerk
Management
Services
Management
Services
Management
Services
Management
Services
TBDTBD
$3,900
$70,000
$1,000
$2,000
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
FY 2023-24
FY 2021-22
FY 2021-22
FY 2021-22
FY 2021-22FY 2021-22
Lead
Department
Budget
Impact Fund Estimated Completion Date
Management
Services
Management
Services
$48,900
$1,200
General FundGeneral Fund
FY 2022-23FY 2022-23
General Fund
Finance
Finance
City Clerk
$450,000
$100,000
$300,000 General Fund/TBD
General
Fund/TBD
FY 2022-23FY 2022-23
FY 2022-23
Item: 19
618
׆ׂ
Initiative
#/Title Initiative/Project Description
׀ׅح§²
ׁׅح§²
Strategy for “One
Time” Revenue
General Fund
Risk Reserve
Policy Update
Develop a strategy or policy with Audit Committee for determining how to appropriate one-time revenues (development fees, stimulus funds, etc.).Update the City’s risk-based reserves policy to reflect long-term strategic planning goals.
Goal C Our healthy city government is sustainable and well-run with committed people. Priority Area 1 - Sustainable: Responsible financial policies and prudent decisions provide short-term fiscal stability and long-term financial health.
Strategy (a): Implement Financial Management and Budgetary Policy to maintain the financial integrity of the city. ׂׅح§²
׃ׅح§²
Biennial Fee
Study
Implement “1%
Review”
Conduct a comparative analysis of City of Lake Forest fees vs fees chargeƮ for similar services Ǟȁ nearby communities.Annually review certain services that obligate at least 1% of General Fund budget.
Strategy (b): Operate according to policy on cost recovery.Strategy (c): Analyze major programs to identify potential cost savings and manage future costs. ׅׄح§²
׆ׅح§²
ׅׅح§²
ׇׅح§²
Comprehensive
Update to
Purchasing Policies
Contract Staffing
Policy
Modernize
Document
Retention Policies
Implement
Telecommuting
Policy
Update the City’s Purchasing Policies and increase staff training to accurately identify contract scope to match services needed. Improve procurement document strategy.Develop and implement policies that preserve the City’s ability to effectively manage services provided by contract staff.Modernize the City’s document retention policies. Emphasize storage of electronic records over hard copies to preserve physical space. Update retention timelines.Develop and implement a policy to facilitate telecommuting for select job classifications. Policy will include performance measurement framework.
Priority Area 2 - Well-Run: JȌȌƮǐȌɨƵȲȁƊȁƧƵƊȁƮȯȲȌǏƵȺȺǞȌȁƊǶǿƊȁƊǐƵǿƵȁɈȺɐȯȯȌȲɈɈǘƵ!ǞɈɯٚȺƊƦǞǶǞɈɯɈȌȺƵȲɨƵɈǘƵȁƵƵƮȺȌǏɈǘƵƧȌǿǿɐȁǞɈɯخ Strategy (a): Continuously improve our effectiveness in procuring and managing financially sustainable contract services.Strategy (b): Implement modern workplace policies that cultivate an effective, efficient workforce. !ǞɈɯȌǏmƊDzƵIȌȲƵȺɈے²ɈȲƊɈƵǐǞƧ ɐȺǞȁƵȺȺ§ǶƊȁ ׇׂ
City Manager/
Finance
Finance
Lead
Department
Budget
Impact Fund Estimated Completion Date
Staff
Resources
Staff
Resources
General FundGeneral Fund
FY 2021-22
FY 2021-22
Finance
City Manager
$49,500
Staff
Resources
General FundGeneral Fund
FY 2020-21 - FY 2024-25
FY 2021-22, On-going
City Manager
City Clerk
!ǞɈɯwƊȁƊǐƵȲش
wƊȁƊǐƵǿƵȁɈ
²ƵȲɨǞƧƵȺ
Staff
Resources
Staff
Resources
Management
Services
TBDTBD
General FundGeneral FundGeneral FundGeneral Fund
FY 2021-22
FY 2022-23
FY 2024-25FY 202ׁ-2
ׂ
Item: 19
619
28 SP#58
Lake Forest
Employee
Retention Program
Develop programs related to employee retention, including “stay” interviews, “ladder” promotion opportunities, and an employee satisfaction survey.
Strategy (a): Professionally develop and retain staff to match skills with organizational and community needs.
Priority Area 3 - Committed People: Talented staff and contractors are vital assets to our organization and essential to effective and efficient City operations.
Initiative
#/Title Initiative/Project Description
SP#59
SP#60
SP#61
Join Team Lake
Forest
Develop
Lake Forest
Succession Plan
Biennial
Classification and
Compensation Plan
Market Lake Forest as a top notch employer, emphasizing modern facilities, innovate public sector compensation system, and succession planning.Human Resources to implement a biennial classification and compensation study to (a) assess the staffing needs of the organization and (b) meet those staffing needswith competitive compensation plans.Human resources to develop a comprehensive succession plan that includes training, academy courses, job shadowing, etc.
Strategy (b): Continuously assess the optimal staffing levels required to provide indemand services to residents and businesses.
City of Lake Forest | Strategic Business Plan 29
$5,000 Management Services General Fund FY 2021-22
Management
Services
Management
Services
Management
Services
Lead
Department
Budget
Impact Fund Estimated Completion Date
Staff
Resources
Staff
Resources
$30,000 (for
full study)
General FundGeneral FundGeneral Fund
FY 2020-21
FY 2022-23
FY 2022-23 & FY 2024-25
Item: 19
620
ATTACHMENT 2
Item: 19
621
Goal Initiative # Department Initiative Title Progress Q3 A SP#1 Public Works Lake Forest Transportation Mitigation Program Substantial Progress A SP#2 Public Works Meadows Traffic Mitigation Program Substantial Progress A SP#3 Public Works Foothill Circulation Phasing Plan Started A SP#4 Public Works New Traffic Circulation/Mobility Projects Substantial Progress A SP#5 Public Works Traffic Signal Synchronization Started A SP#62 Public Works Maintain "Good" Pavement Condition of the City's Roads Substantial Progress A SP#63 Public Works Arterial Median Improvement Project Started A SP#6 Public Works Permit Parking Software Started
A SP#7 Community Development General Plan Implementation Anticipated start Summer 2022 A SP#8 Community Development Mixed‐Use Zoning Substantial Progress A SP#10 Community Development Housing Element Update Substantial Progress A SP#11
Public Works/ManagementServices Mandatory Food Waste
& Commercial Recycling Substantial Progress
A SP#12
Management Services/City
Manager Mountain View Affordable Housing Project Complete A SP#13 Community Development Housing Mandates Substantial ProgressA SP#64 Economic Development Retail Attraction Substantial Progress A SP#65 Economic Development Restaurant Recovery StartedA SP#66 Economic Development Open for Business Campaign Substantial Progress A SP#14 Public Works Citywide Street Sign Refresh Started A SP#15 City Manager Southwest Lake Forest Neighborhood Task Force Complete A SP#16 Community Development Noise Ordinance Update Anticipated start Jul 2022 A SP#17 Public Works Arbor Mini Parks Substantial Progress A SP#18 Public Works Park Enhancements StartedA SP#19 Public Works Neighborhood Park Renovations ‐ Phase 3 Started A SP#20 Public Works Assess Efficiency Updates to Lighting Citywide Started A SP#21
City Manager/ Economic
Development Community Choice Aggregation Community Engagement Project Complete A SP#9 City Manager Broadband Feasibility Study Temporary Hold A SP#22 Management Services Craft Show and Art Fair Complete A SP#23 Management Services Offer Recreation that Reflects the Interests of the Community Substantial Progress A SP#24 City Manager Increase Law Enforcement Contract by Adding Two Deputy Sheriffs Anticipated Start Aug 2022 A SP#25 Police Services Lake Forest Geofence Substantial ProgressA SP#26 Management Services "Stay Safe Lake Forest" Campaign Substantial Progress A SP#27 Police Services Neighborhood Watch Substantial Progress Item: 19
622
A SP#28 Police Services Business Watch Substantial Progress A SP#29 Management Services Revamp Lake Forest Leadership Academy Complete A SP#30 Community Development Local Hazard Mitigation Plan StartedA SP#31 Management Services City AM 1690 Radio CompleteA SP#32 Management Services Comprehensive Emergency Management Plan Substantial Progress B SP#33 Management Services Explore Emerging Technology to Increase Communication Substantial Progress B SP#34 Management Services New Website Started
B SP#35 Management Services 2021 4th of July Fireworks Show & Summer Concert Series Complete
B SP#36 Management Services Literature and Culture StartedB SP#37 Management Services Lake Forest Sports Park Tournaments Substantial Progress B SP#38 Management Services Resident‐Led Emergency Preparedness Substantial Progress B SP#39 City Clerk Accessibility Enhancements Substantial Progress B SP#40 Management Services Lake Forest TV Complete
B SP#41 Management Services Performing Arts Advisory Committee Started B SP#42 City Clerk Redistricting Complete
B SP#43 Management Services Broadcast City Commission Meetings on LFT V Complete
B SP#44 Management Services Expand "Pop Up" City Hall Substantial ProgressB SP#45 Management Services Measure Quality of Services and Programs Anticipated start Dec 2022 B SP#46 Management Services Lake Forest Leadership' Academy ‐ Graduate Course Anticipated start Spring 2022 B SP#47 Finance Asset Inventory
& Management System Substantial Progress
B SP#48 Finance Financial Management System Substantial Progress B SP#49 City Clerk Document Imaging and Storage System Started C SP#50 City Manager/Finance Strategy for "One Time" Revenue Anticipated start FY 2022‐23C SP#51 Finance General Fund Risk Reserve Policy Update Anticipated start Jan 2023 C SP#52 Finance Biennial Fee Study StartedC SP#53 City Manager Implement "1% Review" CompleteC SP#54 City Manager Comprehensive Update to Purchasing Policies CompleteC SP#55 City Clerk Modernize Document Retention Policies Started C SP#56 Management Services Contract Staffing Policy Anticipated start Fall 2022C SP#57 City Manager/ ManagementServices Implement Telecommuting Policy Complete C SP#58 Management Services Lake Forest Employee Retention Program Substantial Progress C SP#59 Management Services Join Team Lake Forest Anticipated start Summer 2022 C SP#60 Management Services Develop Lake Forest Succession Plan Anticipated start Spring 2022C SP#61 Management Services Biennial Classification and Compensation Plan Complete Goal Initiative # Department Initiative Title Progress Q3 Item: 19
623
Q1 Q2 Q3
Complete 6 10 14
Substantial
Progress 18 19 25
Started 23 23 16
Not Started 19 14 11
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Overall Progress (Q1, Q2, & Q3
Comparison)
Item: 19
624
Goal A Goal B Goal C
Complete 6 4 4
Substantial Progress 17 7 1
Started 10 4 2
Not Started 4 2 5
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Goal Progress to Date
Item: 19
625