Agenda packet — Lake Forest City Council, June 6, 2023 (part 1 of 4)

AGENDA

LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, June 6, 2023
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/en/government/meeting-agendas-and-minutes/meeting-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. 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:

PUBLIC PARTICIPATION:

In addition to attending in person, members of the public may access the meeting live on our website at
https://www.lakeforestca.gov/en/government/meeting-agendas-and-minutes/meeting-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. Public comments will no longer be accepted remotely. Those wishing to provide comments in-person at the meeting will be asked to submit a request to speak to the City Clerk.

June 6, 2023

LAKE FOREST CITY COUNCIL AGENDA

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CALL TO ORDER:
5:30 p.m.

Council Members:

Robert
Pequeño
Scott Voigts
Benjamin Yu
Mayor Pro Tem:

Mark
Tettemer
Mayor:

Doug Cirbo

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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
PURSUANT TO GOVERNMENT CODE SECTION 54957
TITLE: CITY MANAGER

RECOMMENDED ACTION: Conduct closed session.

2. CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6
AGENCY DESIGNATED REPRESENTATIVE: CITY MANAGER
UNREPRESENTED EMPLOYEE: ALL EMPLOYEES

June 6, 2023

LAKE FOREST CITY COUNCIL AGENDA

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RECOMMENDED ACTION: Conduct closed session.

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 Deacon Dan Diesel, Santiago De Compostela Catholic Church.

PLEDGE OF ALLEGIANCE:

The Pledge of Allegiance to the Flag of our Country
to be led by Mayor Pro Tem Tettemer.

CLOSED SESSION REPORT:

City Attorney will report on Closed Session.

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.

CONSENT CALENDAR (Item Nos. 3 – 14)
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.

3. MOTION TO WAIVE READING OF 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.

June 6, 2023

LAKE FOREST CITY COUNCIL AGENDA

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4. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 16, 2023
RECOMMENDED ACTION:

Approve as submitted.

5. MINUTES OF THE BUDGET WORKSHOP OF THE CITY COUNCIL HELD ON MAY 23, 2023
RECOMMENDED ACTION: Approve as submitted.

6. AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES
RECOMMENDED ACTION: 1. Award an Agreement for Traffic Signal Maintenance Services in the amount of $1,837,017 to Bear Electrical Solutions, Inc.; and 2. Authorize the Mayor to sign, and the City Clerk to attest, the award of Agreement to Bear Electrical Solutions, Inc., substantially in the form attached.

7. AWARD OF CONTRACT FOR MEDIANS, PARKWAYS, AND SLOPES

LANDSCAPE MAINTENANCE SERVICES
RECOMMENDED ACTION: 1. Award an Agreement for Maintenance Services in the amount of $4,036,680 to Nieves Landscaping, Inc., of Santa Ana, California for Medians, Parkways and Slopes Landscape Maintenance Services. 2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to Nieves Landscaping, Inc., of Santa Ana, California, substantially in the form attached.

8. AWARD OF CONTRACT FOR PASSIVE PARK LANDSCAPE AND

RESTROOM MAINTENANCE SERVICES
RECOMMENDED ACTION: 1. Award an Agreement for Maintenance Services of $3,365,770.80 to Nieves Landscaping, Inc., of Santa Ana, California, for Passive Park Landscape and Restroom Maintenance June 6, 2023

LAKE FOREST CITY COUNCIL AGENDA

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Services. 2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to Nieves Landscaping, Inc., of Santa Ana, California, substantially in the form attached.

9. INDEPENDENCE DAY PARADE ROAD CLOSURES AND RELATED
ACTIVITIES ON JULY 4, 2023
RECOMMENDED ACTION: 1. Approve road closures of race and parade route from 5:00 a.m. - 2:00 p.m. on July 4, 2023. 2. Direct Public Works to provide required traffic control devices and crews for road closures. 3.

Direct the Orange County Sheriff’s Department to staff road closures and patrol events. 4. Approve additional street sweeping of the route.

10. UPDATED 2023 IMPLEMENTATION GUIDELINES FOR THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
RECOMMENDED ACTION: Adopt a Resolution Entitled: A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA,

AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE 21000 ET SEQ.)

11. THIRD AMENDMENT TO THE AGREEMENT WITH THOMAS J.

O’CONNELL DBA LAKE FOREST ELECTRIC FOR ELECTRICAL

MAINTENANCE SERVICES
RECOMMENDED ACTION: 1. Approve the Third Amendment to the Agreement with Thomas J. O'Connell DBA Lake Forest Electric for Electrical Maintenance Services 2. Authorize the Mayor to sign, and the City Clerk to attest, the Third Amendment substantially in the form attached

12. INTERIM APPOINTMENT FOR THE POSITION OF DEPUTY CITY

MANAGER AND ADOPTING A RESOLUTION AUTHORIZING THE
HIRING A RETIRED ANNUITANT.

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LAKE FOREST CITY COUNCIL AGENDA

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RECOMMENDED ACTION: 1. Adopt a Resolution entitled: A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, APPOINTING DONALD J. WHITE AS DEPUTY CITY

MANAGER ON AN INTERIM BASIS AND APPROVING EMPLOYMENT
AGREEMENT. 2. Authorize the Mayor to sign, and the City Clerk attest to, the employment agreement with Donald White, in the form attached.

13. SECOND AMENDMENT TO THE AGREEMENT WITH ALL CITY
MANAGEMENT SERVICES, INC.

RECOMMENDED ACTION: 1. Approve the Second Amendment to the Professional Services Agreement with All City Management Services, Inc.

2. Authorize the Mayor to sign, and the City Clerk to attest, the Second Amendment to the Professional Services Agreement substantially, in the form attached.

14. AWARD OF CONTRACT FOR FINANCIAL AND SPECIAL AUDIT

SERVICES
RECOMMENDED ACTION: 1. Award Professional Consultant Services Agreement to CliftonLarsonAllen LLP (“CLA”) in the amount of $233,060.00 for Financial and Special Audit Services. 2. Authorize the Mayor to sign, and the City Clerk to attest, the agreement with CLA, substantially in the form attached.

PUBLIC HEARING(S) (Item No. 15)
Public Hearings are scheduled for a time certain of 6:30 p.m. or as soon thereafter as possible. City Council, when considering the matter scheduled for hearing, will take the following actions: 1. Open the Public Hearing. 2. Receive staff report. 3. Accept public testimony. 4. City Council comments and questions. 5. Close the Public Hearing and take appropriate action.

15. CITY-INITIATED ORDINANCES TO AMEND TITLES 5 AND 9 OF THE

LAKE FOREST MUNICIPAL CODE TO ADDRESS LOW BARRIER

NAVIGATION CENTERS, TRANSITIONAL AND SUPPORTIVE HOUSING,

STREAMLINED REVIEW OF ELIGIBLE PROJECTS, EMPLOYEE

HOUSING, EMERGENCY SHELTER PARKING, AND RESIDENTIAL

CARE FACILITIES AND FINDING THE ACTIONS TO BE EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTIONS 15060(C)(1) AND 15061(B)(3)
June 6, 2023

LAKE FOREST CITY COUNCIL AGENDA

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RECOMMENDED ACTION: 1. Introduce First Reading of an Ordinance No. ____ entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING TITLE 9 OF THE LAKE

FOREST MUNICIPAL CODE TO ADDRESS LOW BARRIER NAVIGATION

CENTERS, TRANSITIONAL AND SUPPORTIVE HOUSING,

STREAMLINED REVIEW OF ELIGIBLE PROJECTS, EMPLOYEE

HOUSING, EMERGENCY SHELTER PARKING, AND RESIDENTIAL

CARE FACILITIES AND FINDING THE ACTION TO BE EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTIONS 15060(c)(1) AND 15061(b)(3). 2. Introduce First Reading of an Ordinance No. _____ entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA, ADDING CHAPTER 5.44 TO THE LAKE FOREST

MUNICIPAL CODE REGARDING RESIDENTIAL CARE FACILITIES AND

FINDING THE ACTION TO BE EXEMPT FROM CEQA UNDER STATE
CEQA GUIDELINES SECTIONS 15060(c)(1) AND 15061(b)(3).

DISCUSSION/ACTION ITEMS (Item Nos. 16 – 17)
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.

16. AGREEMENT WITH THE COUNTY OF ORANGE FOR LAW

ENFORCEMENT SERVICES
RECOMMENDED ACTION: Approve and authorize the Mayor to sign the Agreement with the County of Orange for Law Enforcement Services for Fiscal Year 2023-24.

17. MISCELLANEOUS BUDGET ITEMS
RECOMMENDED ACTION: 1. Receive presentations on the Financial Management and Budgetary Policy and General Fund Reserve Risk Analysis. 2. Approve the proposed changes to the City’s Financial Management and Budgetary Policy. 3. Review and provide feedback regarding the General Fund Risk Reserve Analysis.

June 6, 2023

LAKE FOREST CITY COUNCIL AGENDA

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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 Pequeño:

Council Member Voigts:

Council Member Yu:

Mayor Pro Tem Tettemer:

Mayor Cirbo:

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 June 1, 2023.

Lisa Berglund
City Clerk
June 6, 2023

LAKE FOREST CITY COUNCIL AGENDA

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CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/6/2023
DEPARTMENT: City Clerk
SUBJECT:

MOTION TO WAIVE READING OF 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
14 Item: 3
9 MINUTES OF A SPECIAL CLOSED SESSION AND REGULAR MEETING

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST
The special closed session meeting of the City Council of the City of Lake Forest held Tuesday, May 16, 2023, at the Lake Forest City Council Chambers, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:00 p.m. .

ROLL CALL:

Council Members:

Robert Pequeño
Scott Voigts
Benjamin Yu
Mayor Pro Tem: Mark Tettemer
Mayor: Doug Cirbo

City Manager: Debra Rose
City Attorney: Matthew E. Richardson
Assistant City Clerk: Thy Merritt

CLOSED SESSION
Mayor Pro Tem Tettemer arrived to the Special Closed Session meeting at 5:02 p.m.

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Manager

ACTION: Closed Session was conducted.

2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: City Manager
Unrepresented employee: All Employees

ACTION: Closed Session was conducted.

3. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code section 54956.9(d)(4) Number of potential cases: 2

ACTION: Closed Session was conducted.

PUBLIC COMMENT: There was no public comment.

Item: 4
10 May 16, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 7 RECESS: City Council recessed to the Special Closed Session for the purpose of conducting City business.

SPECIAL CLOSED SESSION REPORT: City Attorney Richardson had no action to report.

ADJOURN SPECIAL CLOSED SESSION: The special closed session meeting was adjourned at 6:30 p.m.

PUBLIC SESSION:

The regular meeting was called to order at 6:30 p.m. with all members present.

INVOCATION: The Invocation was provided by Sister Thuy Tran of Providence Mission Hospital.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Council Member Pequeño.

PRESENTATIONS: (Item Nos. 4 – 6)
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to approve Item Nos. 4 – 6. The motion was carried by a vote of 5/0.

4. RECOGNITION OF HEROIC ACTIONS SAVING THE LIFE OF A LAKE

FOREST RESIDENT
City Manager Rose introduced this item and invited Chief of Police Services Captain Berryman to provide a presentation. No public comment was offered.

ACTION: Certificates of Recognition were presented to Deputy Rodrigo Ruelas and Ms. Marcia Langstaff for Saving the Life of a Lake Forest Resident.

5. COMMUNITY EMERGENCY RESPONSE TEAM
City Manager Rose introduced this item and invited Senior Management Analyst De La Paz to provide a presentation. No public comment was offered.

ACTION: Certificates of Completion were presented to the graduates of the Community Emergency Response Team Program.

6. PROCLAMATION DECLARING MAY 30th AS MULTIPLE SCLEROSIS

AWARENESS DAY
City Manager Rose introduced this item and invited President of the National Multiple Sclerosis Society Renata Sahagian, Orange County Community Council Item: 4
11 May 16, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 7 Co-Chair Melinda Thrasher, and Marissa Cirbo to provide a presentation. No public comment was offered.

ACTION: The Proclamation designating May 30th as Multiple Sclerosis Awareness Day was approved.

PUBLIC COMMENTS:

Antoinette Paul provided information on her being named Miss Lake Forest and shared her vision for the youth in the City.

CONSENT CALENDAR: (Item Nos. 7 – 15)
Council Member Yu pulled Item No. 11 for discussion.

MOTION: It was moved by Council Member Voigts, seconded by Council Member Pequeño, to approve Item Nos. 7 – 10 and 12 – 15. The motion was carried by a vote of 5/0.

7. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES ACTION: Said Ordinances and Resolutions which appeared on the public agenda were determined to have been read by title and further reading was waived.

8. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 2, 2023
ACTION: The minutes were approved as submitted.

9. MONTHLY TREASURER'S REPORT - APRIL 2023
ACTION: The monthly treasurer’s report was received and filed.

10. SECOND READING AND ADOPTION OF ORDINANCE NO. 362 ADDING CHAPTER 9.151 TO THE LAKE FOREST MUNICIPAL CODE TO ESTABLISH

REGULATIONS FOR HOUSING DEVELOPMENTS ON SITES IDENTIFIED IN

THE CITY'S HOUSING ELEMENT SITES INVENTORY AND FINDING THE

ACTION TO BE EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTIONS 15060(c)(1) AND 15061(b)(3)
ACTION: Second reading was conducted and Ordinance No. 362 entitled: AN

ORDINANCE OF THE CITY OF LAKE FOREST, CALIFORNIA, ADDING CHAPTER 9.151 TO THE LAKE FOREST MUNICIPAL CODE TO ESTABLISH

REGULATIONS FOR HOUSING DEVELOPMENTS ON SITES IDENTIFIED IN

THE CITY'S HOUSING ELEMENT SITES INVENTORY AND FINDING THE Item: 4
12 May 16, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 7

ACTION TO BE EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTIONS 15060(c)(1) AND 15061(b)(3) was adopted.

12. FOURTH AMENDMENT TO THE AGREEMENT WITH BRIGHTVIEW
LANDSCAPE SERVICES, INC. FOR SPORTS PARKS LANDSCAPE

MAINTENANCE SERVICES
ACTION: 1. The Fourth Amendment to the Agreement for Sports Parks Landscape Maintenance Services with Brightview Landscape Services, Inc. was approved. 2. The Mayor was authorized to sign, and the City Clerk to attest, the Fourth Amendment substantially in the form attached.

13. FIFTH AMENDMENT TO THE AGREEMENT WITH BRIGHTVIEW
LANDSCAPE SERVICES, INC. FOR LAKE FOREST SPORTS PARK

MAINTENANCE
ACTION: 1. The Fifth Amendment to the Agreement with Brightview Landscape Services, Inc., for Lake Forest Sports Park Landscape Maintenance Services was approved. 2. The Mayor was authorized to sign, and the City Clerk to attest the Fifth Amendment with Brightview Landscape Services, Inc., substantially in the form attached.

14. SECOND AMENDMENT TO THE AGREEMENT WITH SHELTERCLEAN SERVICES, INC. FOR BUS STOP MAINTENANCE SERVICES
ACTION: 1. The Second Amendment to the Agreement for Bus Stop Maintenance Services with ShelterClean Services, Inc. was approved. 2. The Mayor was authorized to sign, and the City Clerk to attest, the Second Amendment substantially in the form attached.

15. ACCEPTANCE OF TRACT IMPROVEMENTS BY LS-OC PORTOLA LLC, AND RELEASE OF BONDS FOR TRACT 15353
ACTION: 1. The tract improvements and monumentation constructed by LS-OC Portola LLC, for Tract 15353 were accepted as complete. 2. The City Clerk was authorized to release the Subdivision Improvement Faithful Performance and Subdivision Improvement Labor and Materials Bonds, both in the amount of $8,093,181.75 and the Subdivision Improvement Monumentation Bond in the amount of $3,450 for Tract 15353. 3. The City Clerk was authorized to release the Subdivision Improvement Warranty Bond in the amount of $809,318.18 one year after acceptance of the tract improvements for Tract 15353 with concurrence of the Director of Public Works/City Engineer.

Item: 4
13 May 16, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 7 ITEM PULLED FOR DISCUSSION: (Item No. 11)

11. AWARD OF CONTRACT FOR GRAFFITI REMOVAL AND STEAM CLEANING

MAINTENANCE SERVICES
Council Member Yu asked for clarification on the types of services provided by the vendor. City Manager Rose clarified that the graffiti removal services were for City-owned property.

MOTION: It was moved by Council Member Yu, seconded by Council Member Voigts to award an Agreement for Maintenance Services in the amount of $446,100 to Superior Property Services, Inc. of Pico Rivera, California, for Graffiti Removal and Steam Cleaning Maintenance Services, and authorize the Mayor to sign, and the City Clerk to attest, the award of contract to Superior Property Services, Inc., of Pico Rivera, California, substantially in the form attached. The motion was carried by a vote of 5/0.

DISCUSSION/ACTION ITEMS: (Item Nos. 16 – 17)

16. SECOND AMENDMENT TO COMMUNICATIONS SITE LICENSE

AGREEMENT
City Manager Rose introduced this item and invited Senior Management Analyst Grijalva to provide a presentation. No public comment was offered. Council member questions were asked and answered.

MOTION: It was moved by Council Member Pequeño, seconded by Council Member Voigts, to approve the Second Amendment to the Communications Site License Agreement by and between the City of Lake Forest and Crown Castle Fiber, LLC. and authorize the City Manager to execute the Amendment, and the City Clerk to attest, the Second Amendment to the agreement with Crown Castle Fiber, LLC substantially in the form attached. The motion was carried by a vote of 5/0.

17. LEGISLATIVE MATTERS
City Manager Rose introduced this item and invited Assistant to the City Manager McGovern to provide a presentation. No public comment was offered.

Council member questions were asked and answered.

MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to receive a report from staff summarizing the status of various legislation with the potential to impact the City of Lake Forest, adopt the policy positions recommended by staff on various legislation with the potential to impact the City of Lake Forest, and direct staff to send a letter to Cal Cities and ACC-OC stating the City’s position on Senate Bill 7 and Assembly Bill 550. The Item: 4
14 May 16, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 6 of 7 motion was carried by a vote of 5/0.

CITY MANAGER'S REPORT: City Manager Rose reported that the relaunch of the Community Gift program, also known as BOGO, would commence on May 22 at 9:00 a.m.

CITY COUNCIL COMMENTS:

Council Member Pequeño: Council Member Pequeño reported on his attendance at the SCAG Regional Conference and General
Assembly, and a Ride-Along with the OCSD
Homeless Liaison. He informed everyone of an
upcoming homeless forum event scheduled for June

28. He thanked City staff, OCSD, and OCFA for all
their hard work and efforts.

Council Member Voigts: Council Member Voigts reported on his attendance at the SCAG annual conference and the Rancho Days
Fiesta event. He thanked City staff for their
participation in putting on the Fentanyl town hall event.

Council Member Yu: Council Member Yu reported on his attendance at a tour of Best America, the OCSD Medal of Valor event,
the ACC-OC Board Installation event, and an event
discussing solutions to address fentanyl. He provided
data on the impacts of fentanyl on Orange County. He
praised OCSD deputies for their life-saving actions.

Mayor Pro Tem Tettemer: Mayor Pro Tem Tettemer reported on his attendance at the Rancho Days Fiesta and recognized the
volunteers who put on the event. He provided free
books entitled “Fifty Years in Old El Toro” by Joe
Osterman to the Council members from a local library.

Mayor Cirbo: Mayor Cirbo reported on his attendance at the SCAG Regional Conference and General Assembly, a City of
Hope tour, an OC Talk podcast interview, a Scout
Troop 639 meeting, the ribbon cutting ceremony for
De Lucia Restaurant, and the CERT final exam. He
informed everyone of upcoming events including the
Chamber Mixer for Businesses scheduled for May 17,
the “Kids Feeding Kids” event at Terra Nova Church
on May 19 – 20, and the Memorial Day Event at El
Toro Memorial Cemetery.

Item: 4
15 May 16, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 7 of 7 ADJOURNMENT: The Regular Meeting of the City Council was adjourned at 7:57 p.m.

Respectfully submitted:

APPROVED:

THY MERRITT DOUG CIRBO

ASSISTANT CITY CLERK MAYOR
Item: 4
16 CITY OF LAKE FOREST CITY COUNCIL

SPECIAL MEETING AND BUDGET WORKSHOP MINUTES
The special meeting of the City Council of the City of Lake Forest held Tuesday, May 23, 2023, at 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 p.m. with Council Member Voigts arriving at 5:36 p.m.

CALL TO ORDER: 5:30 p.m.

ROLL CALL:

ATTENDANCE: Council Members: Robert Pequeño
Scott Voigts
Benjamin Yu
Mayor Pro Tem: Mark Tettemer
Mayor: Doug Cirbo
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Mayor Cirbo.

PUBLIC COMMENTS: No public comments were offered.

WORKSHOP ITEMS:

1. ASSET MANAGEMENT PROGRAM UPDATE
City Manager Debra Rose introduced this item and invited Finance Director Kevin Shirah to summarize the item. Director Shirah introduced Colin Chung from Kayuga Solutions. Mr. Chung provided a presentation to the City Council along with a power point presentation. City Council questions were asked and answered by staff.

ATION:

The report was received and filed from Kayuga Solutions summarizing the development of the City’s Asset Management Program.

Item: 5
17 May 23, 2023

LAKE FOREST SPECIAL CITY COUNCIL MEETING MINUTES Page 2 of 3

2. 2023 STRATEGIC PLAN UPDATE
City Manager Debra Rose introduced this item and invited Assistant to the City Manager Sean McGovern to summarize the item. Mr. McGovern provided a review of the City’s strategic plan to the City Council along with a power point presentation. City Council questions were asked and answered by staff.

ACTION:

A report was received and filed from staff summarizing proposed updates to the City's Strategic Business Plan.

At 6:25 p.m. the City Council recessed.

At 6:31 p.m. the City Council reconvened with all Council Members present including Council Member Yu.

3. PROPOSED CAPITAL IMPROVEMENT PROJECTS PLAN 2023-2030 City Manager Debra Rose introduced this item and invited Assistant City Engineer Doug Erdman to summarize the item. Mr. Erdman provided the City Council a summary of the City’s capital improvement projects along with a power point presentation. City Council questions were asked and answered by staff.

ACTION:

A report was received and filed from staff summarizing the draft capital improvement projects Plan 2023-2030.

4. PROPOSED 2023-2025 OPERATING BUDGET AND PROPOSED 2023- 2030 FINANCIAL FORECAST
City Manager Debra Rose introduced this item and invited Finance Director Kevin Shirah to summarize the item. Director Shirah reviewed the City’s Proposed 2023-2025 Operating Budget and Proposed 2023-2030 Financial Forecast for the City Council along with a power point presentation. City Council questions were asked and answered by staff.

ACTION:

A report was received and filed from staff on the Proposed 2023-2025 Operating Budget and Proposed 2023-2030 Financial Forecast.

Item: 5
18 May 23, 2023

LAKE FOREST SPECIAL CITY COUNCIL MEETING MINUTES Page 3 of 3 ADJOURNMENT: The special budget workshop adjourned at 7:50 p.m.

Respectfully submitted:

APPROVED:

LISA BERGLUND DOUG CIRBO

CITY CLERK MAYOR
Item: 5
19 CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/6/2023
DEPARTMENT: Public Works
SUBJECT:

AWARD AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES RECOMMENDED ACTION(S):

1. Award an Agreement for Traffic Signal Maintenance Services in the amount of $1,837,017 to Bear Electrical Solutions, Inc.; and

2. Authorize the Mayor to sign, and the City Clerk to attest, the award of Agreement to Bear Electrical Solutions, Inc., substantially in the form attached.

EXECUTIVE SUMMARY:

The City’s current traffic signal maintenance contract with Bear Electrical Solutions, Inc. (“Bear Electrical”) will expire on June 30, 2023. As a result, staff prepared a Request for Proposal (“RFP”) for traffic signal maintenance services and received four proposals from qualified firms. The procurement process is a qualifications-based selection process based on a contractor’s experience, understanding of the scope of services, proposed personnel, completion of similar projects in a timely manner, and their ability to provide optimal services at an acceptable cost. After a competitive process outlined in the City’s Purchasing and Contracting Guidelines, staff identified the most qualified contractor to provide traffic signal maintenance services. Staff determined Bear Electrical to be the best qualified and most cost-effective contractor. Staff recommends the City Council award the attached Agreement for Maintenance Services to Bear Electrical (“Agreement”) (Attachment 1). The proposed Agreement includes, but is not limited to, responsibility for maintaining 93 traffic signals, 9 flashing beacons, 370 luminaires, 337 traffic signal street name signs, 3 radar feedback signs, and various City-owned streetlights. The Agreement also includes emergency response services to repair or replace damaged signal equipment due to traffic accidents, vandalism, natural disasters, and street construction.

Based upon the cost proposal from Bear Electrical and the historical costs for traffic signal maintenance services, staff is recommending that the compensation amount in the Agreement be set to $1,837,017 over the three-year term commencing July 1, 2023. The term of the Agreement includes two optional one- year extensions based on performance at the discretion of the City Council. The Item: 6
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2 proposed 2023-2025 Operating Budget includes sufficient funding to cover the costs of the recommended action.

BACKGROUND:

Since June 2018, Bear Electrical has provided contract traffic signal maintenance services to the City. On May 14, 2022, the City Council approved the last one- year term extension described in the current agreement with Bear Electrical. As a result, this current agreement is set to expire on June 30, 2023.

The RFP for traffic signal maintenance services on January 11, 2023. The scope of work includes maintaining and repairing 93 traffic signals, 9 flashing beacons, 370 luminaires, 337 traffic signal street name signs, 3 radar feedback signs, and various City-owned streetlights. The scope of work also includes emergency response services to repair or replace damaged signal equipment due to traffic accidents, vandalism, natural disasters, and street construction.

DISCUSSION:

After issuing the RFP, the City received four proposals from firms that specialize in traffic signal maintenance. The firms were:
•Bear Electrical
•Crosstown Data
•Econolite
•Yunex
Pursuant to the Purchasing and Contracting Guidelines, a City Manager approved Selection Committee comprised of staff from the Public Works Department and City Manager’s Office reviewed the proposals and conducted interviews to ensure the City selects the most qualified firm to perform the requested services. The Selection Committee consisted of the Traffic Engineering Manager, Street Maintenance Administrator, and Assistant City Manager.

As with other proposals, the Selection Committee utilized a point system during the RFP review process to score the proposals. When staff received the four firms’ proposals, one of the firms, Econolite, was deemed to be unresponsive to the RFP because their proposal was not submitted properly and the proposal addendums were not acknowledged, which is a requirement described in the RFP document. Staff notified Econolite of the oversight and they acknowledged that they did not submit their proposal as required per the RFP. This left the Item: 6
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2 Selection Committee with three technical proposals to review. Of those three firms, each scored over the required minimum average passing score of 70 points on their technical proposals, which qualified them for the interview process.

During the interview phase, two of the firms (Bear Electrical and Yunex) demonstrated to the Selection Committee that their firms were better equipped to address and respond to the City’s traffic signal maintenance service needs.

These two firms successfully communicated their capabilities by highlighting the experience of their staff, providing historical work samples, describing their internal workflow management system, and providing thorough responses to interview questions. Based on the score for the technical proposals and interviews, the Selection Committee determined that Bear Electrical was the most qualified firm with the highest point total of 416 as summarized in Table 1.

Table 1: Proposal Review Summary

Technical
Review
Qualifications
Interview

Rater: Rater: Pricing
Firm 1 2 3
Technical
Review Subtotal1 2 3
Interview
Subtotal
Points
x 3 Total
Bear
Electrical
Solutions
96 87 83 266 155 144 117 416 120 536
Crosstown 76 80 68 224 112 107 96 315 102 417
Econolite - - - N/A - - - N/A - N/A
Yunex 87 83 76 246 144 144 117 405 99 504
Cost Proposals
After concluding the interview process, staff reviewed the cost proposals received from each of the proposing firms. All three firms were given the opportunity to provide their “best and final” cost proposal to the City, and that cost proposal was used to score each firm. Compensation scoring is based on a monthly routine maintenance schedule which consists of defined preventative maintenance activities performed on a monthly or otherwise regular basis. In addition, unit costs for extraordinary maintenance, labor, and equipment hourly rates were provided. These unit costs for extraordinary maintenance, labor, and equipment hourly rates are not predictable, as these activities would address matters that are discovered during routine maintenance and maintenance for repair/replacement of equipment damaged by vehicle collisions, vandalism, Item: 6
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2 natural disasters, street construction or excavation. This also includes repainting of equipment, replacements due to failure or obsolescence, required industry updates/upgrades, or other unusual factors when labor and materials necessary to ensure safe and efficient operation of the City’s traffic signal system extends beyond the routine maintenance. The RFP included estimated quantities of typical extraordinary maintenance (labor, equipment, and materials) to be provided to the City at a unit cost for any extra work that may be required to maintain the systems. This allows for a fair comparison of costs, but it should be noted that the City only pays for extraordinary maintenance services on an as- needed basis. Table 2 below describes the final proposal amounts received by each firm.

Table 2: Traffic Signal Maintenance Services Cost Proposals Firm 3-Year Cost Proposal
Bear Electrical $1,837,017.00
Crosstown Data $2,180,894.20
Yunex $2,244,295.70
Therefore, after the analysis of the proposals and costs, staff determined that Bear Electrical is the most qualified proposer for Traffic Signal Maintenance Services. The annual compensation amount for the proposed Agreement with Bear Electrical is $612,339. This annual compensation amount represents a contract cost that is $129,339 higher than the current agreement. This represents an approximate 21% increase from the current agreement which was entered in 2018. During the five-year term of Bear Electrical’s current agreement with the City, they received no rate increases. The key factors associated with the increases are related to inflation, labor costs, fuel costs, and new traffic signal infrastructure to be maintained. The costs for the proposed three-year Agreement remain unchanged for the first three years of the agreement and will not be subject to annual increases.

Bear Electrical is currently providing services for 10 Southern California agencies, which includes nearby agencies like Aliso Viejo, County of Orange, Mission Viejo, San Juan Capistrano, and Tustin. In addition, Bear Electrical is the City’s current traffic signal maintenance services contractor and the primary personnel proposed are currently the City’s main point of contact. Based upon staff’s experience with Bear Electrical, staff is confident in their ability to maintain the City’s traffic signal system. Additionally, staff received favorable reference checks from other cities (Attachment 2).

Therefore, staff recommends the City Council award the attached Agreement for Maintenance Services with Bear Electrical for the three-year term commencing on July 1, 2023. The Agreement includes two one-year term extensions and a Item: 6
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2 compensation amount of $1,837,017. Per the City’s Purchasing and Contracting Guidelines, the City Manager may approve additional work not-to-exceed 10% of the original contract amount.

FISCAL IMPACT:

The proposed Agreement with Bear Electrical includes $1,837,017 in total compensation. The Agreement includes a three-year term ending on June 30, 2026, with two optional one-year extensions. The proposed 2023-2025 Operating Budget includes sufficient funding to cover the costs of the recommended action.

ATTACHMENTS:

1. Agreement for Maintenance Services with Bear Electrical Solutions, Inc.

2. Reference Check
Initiated By: Tran Tran, Traffic Engineering Manager
Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 6
24 Attachment 1
Item: 6
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CITY OF LAKE FOREST

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] , by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, located at 100 Civic Center Drive, Lake Forest 92630 (“City”) and Bear Electrical Solutions, Inc. , a California corporation, with its principal place of business at P.O. Box 924, Alviso, CA 95002 (“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 traffic signal maintenance services required by the City which shall be performance in accordance with the terms and conditions set forth in this Agreement and all plans, specifications and other contract documents attached to or incorporated into this Agreement. Contractor represents that it is experienced in providing traffic signal 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 Traffic Signal Maintenance Services 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 traffic signal 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 Agreeme nt, 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, 2023 to June 30, 2026, 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 one-year 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 DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
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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 oth ers 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 l imited 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 Wheeler, 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 docum ents 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 Robert Asuncion, Vice 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 re sponsible 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.

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 la w. 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 c osts 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 pe rformed. 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 walkway s, 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. 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 execute the Services DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
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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 Labo r Code sections 1725.5 and 1771.1, 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 d irectly to the DIR . Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemptio n specified in Labor Code Sections 1725.5 and 1771.1.

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 w ith 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 -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.

3.2.12.2 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 DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
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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 satisfact ory 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 t ime, 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 execut ed 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 (3 3 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 watercour ses, 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 com ply 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-Implementation-Plan-LIP DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
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3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient ski ll 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 offici als, 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 settlem ent 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 co mply 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 EIGHT HUNDRED THIRTY -SEVEN THOUSAND SEVENTEEN DOLLARS ($1,837,017) without written approval of City’s City Manager or 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 sha ll 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 non -disputed and approved charges thereon. If the City disputes any of Contractor’s fees, the City shal l give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

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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 terminatio n, 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 shal l 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: Bear Electrical Solutions, Inc.

P.O. Box 924
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Alviso, CA 95002
ATTN: Art Torres, Regional Project Manager
City: City of Lake Forest
100 Civic Center Drive
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 A cts. 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 commenc es 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 leg al 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, DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
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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 . Cont ractor 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 lang uage 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 c ondition. 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.

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 s ervice 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 disc riminate 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 p rograms 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 self-insurance 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.

DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
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CITY OF LAKE FOREST BEAR ELECTRICAL SOLUTIONS, INC.

By:

[AUTHORIZED CITY SIGNATURE]

By:

[VENDOR SIGNATURE 1]
Doug Cirbo
Mayor
Robert Asuncion
Vice President

[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:

By:

[VENDOR SIGNATURE 2]
Andrew Bader
Chief Financial Officer
By:

[CITY CLERK SIGNATURE]

Lisa Berglund
City Clerk

APPROVED AS TO FORM:

By:

[CITY ATTORNEY SIGNATURE]

Best Best & Krieger LLP
City Attorney

[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]

DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
36 55136.00200\31919334.1 Exhibit “A”-1

EXHIBIT “A”

SCOPE OF MAINTENANCE SERVICES

INTRODUCTION

The City maintains and operates 93 signalized intersections. All equipment has been designed using County of Orange, Caltrans, and City of Lake Forest Standards and Specifications. The City also maintains and operates eleven (11) flashing beacons (includes three rectangular rapid flashing beacons “RRFB”) and 3 radar feedback signs.

As part of OCTA’s Traffic Signal Synchronization Program (Project P), the City has been replacing previous controllers (Econolite ASC/2) with Econolite ASC/3 and Cobalt controllers.

The local controllers are interconnected with a mixture a copper and fiber network for communications. In 2023, the City will have its own Traffic Management Center at City Hall and no longer utilize the shared Traffic Management Center at the City of Laguna Hills. The uses Econolite’s traffic management software Centracs to monitor and maintain the traffic control system. The City retains a separate contractor to maintain the programming and timing of the signal operations.

DEFINITIONS

Whenever the following terms are used in this agreement, they shall have the following meaning:

"BID ITEM" - Individual items of work in the Contractor's proposal at an agreed Unit Price for the specified Item of Work.

"CITY" - The City of Lake Forest.

"CITY MANAGER" - The fully appointed City Manager of the City or their authorized representative.

"CONTRACTOR" - The managing individual of the contracting entity or their authorized employees or representatives.

"PUBLIC WORKS DIRECTOR"- The official designated as the Public Works Director of City, or any of their authorized representatives.

"REPAIRS"- Work required to maintain the serviceability of all traffic signal systems, specified under this agreement that is outside the scope of the scheduled Preventative Maintenance.

"TRAFFIC ENGINEERING MANAGER"- The Public Works Director's designee for bidding, awarding and administering the Contractor's work under this agreement, or any of their authorized representatives.

“TRAFFIC SIGNAL SYSTEMS” - The City’s traffic signals, interconnect system, flashing warning lights, internally illuminated street name signs, reflectorized street name signs, highway luminaires, City owned streetlights, and all appurtenant equipment, including, but not limited to, all traffic signal indications, traffic signal controllers, traffic signal detection systems, electrical service, battery back-ups, electrical or mechanical traffic control or traffic devices, traffic poles, emergency vehicle pre-emption equipment, interconnect, cabinets, splice pedestals, luminaires DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
37 55136.00200\31919334.1 Exhibit “A”-2

and all related hardware.

SCOPE OF SERVICES

A. GENERAL DESCRIPTION

The traffic signal maintenance contractor shall perform routine scheduled maintenance, extraordinary maintenance, emergency repairs and technical support for the City’s traffic signal system. Contractor shall furnish and have accessible all required tools, equipment, apparatus, facilities, skilled labor, services, and material, to perform all work necessary to maintain in a good and workmanlike manner traffic signal systems in accordance with the proposal and the defined scope of work.

As specified herein, the Contractor shall maintain traffic signal systems to eliminate or reduce the incidences of malfunctions, reduce operational complaints, and maintain equipment in proper working order. Required normal working hours for maintenance coverage is from 7:00 a.m. to 5:00 p.m. Monday through Friday; however, twenty-four-hour (24), on-call response to City’s request for maintenance and repair services is required. In general, routine responses related to these maintenance functions during normal working hours and maintenance requiring scheduled night-rides shall be considered normal scheduled maintenance work. All extraordinary and emergency work performed outside these specified hours and on holidays shall be paid at the approved overtime rates.

All identified City intersections per this agreement shall be regularly patrolled by Contractor or its representative with verified monthly inspections per an established checklist. The Contractor shall recognize these traffic signal systems as critical safety devices to the public; timely response to requests and completion of final repairs is imperative.

B. SPECIFICATIONS

All traffic signal system work shall be performed in accordance with the current Standard Plans and Section 86 of the Standard Specifications for the State of California, Department of Transportation (latest edition), “Greenbook” Standard Specifications for Public Works Construction (latest edition), California Manual on Uniform Traffic Control Devices (latest edition) and the current City Standard Plans. All work performed or equipment or parts supplied by Contractor shall be subject to applicable Federal and State Standards, approved proposals, contract documents, City inspection, and approval by the City, its Director of Public Works, or their authorized representative. Failure to pass inspection on any maintenance, repair and service item will result in non-payment for that item until such time as the Contractor can complete the item to the satisfaction of the City.

C. COMPENSATION

City will compensate Contractor for monthly routine maintenance at the contract monthly unit price (lump sum). Said compensation shall include all labor, materials, equipment, overhead and profits to perform the routine service and no additional compensation will be allowed.

Extraordinary maintenance shall be invoiced at the established rates per Exhibit B and shall include all labor, materials, equipment, overhead and profit and no additional compensation will be allowed. All items not included in Exhibit B shall require a negotiated price and approval by the Director of Public Works or their authorized representative. All extraordinary maintenance DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
38 55136.00200\31919334.1 Exhibit “A”-3

requires City authorization prior to beginning the work unless the work is an emergency repair required to restore the safe operation of the traffic signal system or unless otherwise directed by the Director of Public Works or their authorized representative. Contractor shall still submit the appropriate documentation for subsequent authorization of the emergency work, including, but not limited to, photos of any visible damage with details of any final repairs that might be required and a schedule for completion. City reserves the right to separately bid extraordinary maintenance work to other firms in the event a negotiated price or schedule of completing repairs cannot be reached which is acceptable to both parties or is deemed by the City to exceed the terms of the current Contract. Contractor may be required to assist or support other consultants, contractors, or firms selected by the City as requested.

CONTRACTOR REQUIREMENTS

A. FACILITIES

The Contractor shall at all times maintain local facilities where assigned personnel have access to all required tools, equipment, apparatus, facilities, skilled labor, services, and material, to perform all work within the required response times necessary to maintain in a good and workmanlike manner all traffic signal systems in accordance with the proposal and the defined scope of work.

The Contractor shall be equipped with spare parts sufficient to return a defective signal to operation following ordinary trouble calls. In addition, for this contract the Contractor shall have on-hand at least:

 Five (5) spare Econolite Cobalt controllers which are Centracs system-compatible (including latest controller software updates)*
 Five (5) spare NEMA Malfunction Maintenance Units (MMU)  Four (4) spare Iteris Apex Hybrid Detection Systems
 Two (2) Conflict Monitor Units (CMU) for use in TS-1 cabinets  Two (2) Uninterruptable Power Supply (UPS) units for the battery backup system. The units shall be Myers MP Series or Clary (see City’s Traffic Signal Standard Plans and Specifications), which is the primary manufacturer types in the City.  Two (2) sets of batteries for the BBU systems

* In the event of a controller malfunction, the original controller shall be returned to service within 10 working days, or an approved replacement controller installed.

The Contractor shall provide to the technicians assigned to mobile devices capable of clearly recording damaged or inventoried equipment and provide visual records relating to work requests submitted to the City.

The Contractor shall have available adequately skilled personnel and proper lab testing facilities to perform inspection of new controller mechanisms including, but not limited to, controller units, auxiliary equipment, and traffic control appurtenances. All testing and test facilities shall conform to State of California, Department of Transportation (Caltrans) current specifications for NEMA controllers.

B. PERSONNEL

The Contractor shall have on staff at least two (2) full-time Transportation System Electricians to perform normal scheduled and extraordinary/emergency maintenance duties. Normal scheduled DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
39 55136.00200\31919334.1 Exhibit “A”-4

maintenance services shall be provided during the normal 7:00 a.m. to 5:00 p.m. weekday working hours of this contract. In addition, these positions may be required to perform extra work or additional repairs at the request of the Director of Public Works or their designee. The Transportation System Electricians shall be certified or licensed according to State of California requirements for electrical workers and shall have current certification of at least Level II Traffic Signal Technician or higher from the International Municipal Signal Association (IMSA) throughout the entire duration of the contract. They shall also be trained in the operation and repair of Econolite ACS/3–2100 and Cobalt controllers and their integrated operation with Econolite Centracs (monitoring central master) including software compatibility and timing functions.

The Contractor shall provide City with documentation on the approved electricians, including copies of their licenses or certifications, assigned service vehicle information and contact information. All technicians shall be equipped to perform all required duties of the trade at all times. Reports accounting for one hundred percent (100%) of assigned technician time shall be submitted monthly with the monthly invoice as outlined in this scope of work.

The Contractor shall also provide support personnel of an appropriate craft to complete work not requiring the services of a certified Transportation System Electrician to be deployed on an as- needed basis such as re-lamping, lens cleaning, underground services alert responses, painting, night rides for Internally Illuminated Street Name Signs (IIISNS), reflectorized street name signs (RSNS), luminaires, City owned streetlights, or other work as required. Night inspections for luminaires, City owned streetlights, Battery Backup Systems, IIISNS, and RSNS will be conducted after dusk and overtime rates shall not apply to these activities.

All personnel shall be trained in Equal Employment Opportunity policies and shall conduct themselves in a respectful and professional manner at all times. The City reserves the right at all times to approve with the Contractor’s assignment of personnel to the City. If requested by the City, the Contractor shall immediately replace any personnel assigned to the City whose performance or conduct is considered unacceptable by the City, or by the standards established in the contract.

C. SERVICE REQUEST

The Contractor shall maintain a single, attended (real person contact) local telephone number where they can be reached twenty-four (24) hours a day, seven days a week to provide maintenance and repair services as requested by the City, including adjustments of turned signal heads, repair of controller malfunctions or any damage creating a public safety issue.

This telephone number shall be made available to all persons designated by the City.

The Contractor shall maintain and provide mobile communication that permits City direct phone and email communications with all supervisors and technicians assigned to the City and their designated representatives. This includes providing equipment for their receipt and responses to emails, in addition to phone calls while in the field.

D. RESPONSE TIMES

Whenever the Contractor receives requested service calls from the City or its designated representatives, Contractor shall provide immediate response to emergency calls and dispatch the qualified personnel and equipment to reach the site within one (1) hour of notification during normal working hours of the Contact, and within two (2) hours during non-working hours of the Contact, including Saturdays, Sundays, and holidays. Contractor is required to provide the DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
40 55136.00200\31919334.1 Exhibit “A”-5

reporting party with an estimated time of arrival. As part of emergency response, Contractor may be required to respond to collisions at signalized intersections to inspect and/or repair traffic signal systems and/or restore operation. In these cases, Contractor shall perform a complete preventive maintenance check as outlined in this scope of work, thoroughly examining and inspecting all equipment at the location for physical damage or equipment malfunctions, including a complete check of the controller and MMU. Photos shall be taken of any damage and submitted with a written report summarizing the results of the examination and inspection.

These reports and photos shall be submitted within three (3) calendar days. A request for authorization for the emergency work and needed repairs shall also be submitted with the required report and photos.

E. ADDITIONS TO TRAFFIC SIGNAL SYSTEM

Contractor shall maintain, at the same unit price, additional traffic signals and appurtenant devices as they are installed or become a part of the maintenance requirements of the City. In the event that notification is made of a new installation at other than the beginning of a monthly period, the unit cost of routine maintenance will be prorated from the day the Contractor is notified.

F. MAINTENANCE RECORDS

Maintenance Tracking System

The Contractor shall maintain a computerized database tracking system for all repair work in the City. The system shall be capable of basic sorting and responding to inquiries by location, date, time, type of repair, and other factors and be able to track costs and any patterns or trends in repairs by location and/or area and/or type of traffic signal system. The City shall have access to the system and all applicable information for the City either directly using the internet and/or indirectly through the Contractor. The Contractor shall provide sufficient information on their system as part of the Proposal so the City can determine if the system meets the City’s needs and requirements.

Contractor shall maintain a record of all service calls and work performed upon the traffic signal systems listing dates, hour of day, and description of work or work performed. Contractor shall provide a monthly summary of all repairs notating the trends and patterns to the City for review.

All proposed forms shall be submitted by the Contractor to the City for its approval prior to use.

In addition, the City may implement a work order asset management system and the Contractor will be responsible to utilize this system. Training will be provided by the City, but the Contractor will be responsible to integrate their workflow onto this asset management system.

Each Intersection.

The Contractor shall keep current, a permanent operational record of each and every piece of traffic control or safety equipment which the Contractor is required to maintain by this contract, including but not limited to, vehicle and pedestrian timing sheets, detectors, cabinet wiring, interconnect equipment, pre-emptive control, or similar equipment.

The Contractor shall maintain a separate record at each intersection detailing monthly maintenance, inspections, and repairs of controller and related equipment. All entries shall be made on a standardized form, legible and made in chronological order on the sheet in indelible ink. The required entry shall include date, time, reason for visit, observations and/or work DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
41 55136.00200\31919334.1 Exhibit “A”-6

performed, and initials of individual making the entry. A copy of such record shall be maintained at all times within the controller cabinet at each signal location.

Office Records.

The Contractor shall maintain a complete set of records for all locations noting all inspections and repairs completed. A separate daily log or diary for every person and vehicle employed on the contract shall also be maintained. Said log or diary shall fully describe the work or service performed by each individual on each piece of equipment and show all chargeable time to this contract for every twenty-four-hour (24) period. This record shall include the date and time of day the work was performed at each intersections, the description of work performed, and the name of the technician(s) that performed the work.

Upon request, the Contractor shall provide monthly summaries accounting for one hundred percent (100%) of the work hours of the assigned technicians and related staff assigned to the City. This shall include all assignments per the City’s scope of work and any shared time staffing other contracts. Failure to comply will delay payment of the monthly invoices.

Activities Report.

Two monthly reports providing a complete record of all work performed on the City’s Traffic Signal Facilities and a status of pending work orders shall be attached to each associated monthly invoice. The Activities Report is considered part of the routine monthly maintenance; therefore, invoices will not be paid until these summary reports have been received. The monthly Activities Report submitted with each invoice shall include:

 Location of each separate service
 Date and approximate time for the service
 Reason for the service
 Identification of the type of service (Routine, Extraordinary and/or Emergency)  Status of repair (complete or temporary)
 For Temporary–Estimated date of final repairs
 Who called in the request for service
 Name of technicians(s) performing the service
 Number of hours spent for each service

With each monthly invoice, the Contractor shall provide a monthly status report of open or incomplete work orders. This shall include any work that has been identified pending approved maintenance/repairs, temporary repairs, or maintenance pending delivery of equipment. The report shall include:

 Location of pending work
 Date of authorization
 Reason the work is incomplete
 Estimated date when the service will be completed

G. CITYWIDE UNDERGROUND REFERENCES

Contractor shall be responsible to maintain copies of City records for performing the required underground marking of facilities including, but not limited to, traffic signal and interconnect plans. The Contractor shall also note any corrections to these records or location of traffic signal facilities that have been identified by Contractor for future use. Copies of these updates to the DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
42 55136.00200\31919334.1 Exhibit “A”-7

records shall be transmitted to the City with the monthly invoices.

H. CITY NOTIFICATION OF CHANGES IN TRAFFIC SIGNAL EQUIPMENT OR

OPERATIONS

Contractor shall notify by telephone and/or email within twenty-four (24) hours of the next business day the Director of Public Works or their authorized representative regarding alterations of the operation of any signal or the installation/removal of any substitute controller or component.

I. SHUTDOWNS

Contractor shall notify Lake Forest’s Police Services (Orange County Sheriff's Department) and the Director of Public Works or their authorized representative of any signal turn-offs or turn-ons necessitated by their operations and shall not make said turn-offs or turn-ons until a police officer is present or unless given permission to proceed without police control by the Director of Public Works or their authorized representative.

J. TYPE OF SIGNAL SYSTEM EQUIPMENT

The fee prices for both the routine and extraordinary maintenance shall apply to all types of signal controllers, accessories and systems as may exist in the City now or that may be installed during the life of the Contract. At no additional compensation, the Contractor shall provide training and certifications to the personnel assigned to the City in maintenance and operation of the current City traffic signal equipment and related systems as needed.

K. WARRANTY SERVICE

Newly installed traffic signal components typically carry a one (1) year warranty provided by the manufacturer and/or installing company. During the warranty period, Contractor is expected to coordinate warranty repairs with the appropriate manufacturer and/or installing firm. The Contractor shall notify the City of any undue delays in response by these other responsible parties in responding to warranty requests and provide a detail summary of the incident.

L. TRAFFIC CONTROL

Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic at all times and conduct its operation as to cause the least possible obstruction and inconvenience to public traffic. No lane closures will be permitted between the hours of 7:00 a.m. and 9:00 a.m. or 3:30 p.m. to 7:00 p.m. unless an emergency exists and such a closure is necessary to safeguard the traveling public or if authorized by the Director of Public Works or their authorized representative.

The Contractor shall furnish, erect and maintain such fences, barriers, lights, warning devices and signs in compliance with the latest Part 6 “Temporary Traffic Control” of the current "California Manual of Uniform Traffic Control Devices” (MUTCD–Latest Version) published by the State of California, Department of Transportation, the standards as contain in the latest “Work Area Traffic Control Handbook” (WATCH–latest edition) published by Building News Inc. or as may be deemed necessary by the Director of Public Works or their authorized representative to give adequate warning to the public at all times that the road or street is obstructed and of any abnormal conditions to be encountered as a result thereof.

DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
43 55136.00200\31919334.1 Exhibit “A”-8

All trucks shall be equipped with a minimum of four (4) STOP signs and barricades or stands that can be placed in the intersection during an emergency response or “blackout” intersection as needed. Each vehicle used to place and remove components shall be equipped with a flashing arrow board (or other similar devices if approved by the Director of Public Works or their designee), which shall be in operation when the vehicle is being used for placing, maintaining, or removing components. Removal of all traffic control devices and components shall be the responsibility of the Contractor after the work or emergency has been completed.

ROUTINE MAINTENANCE

The Contractor shall provide a continuing, comprehensive, routine maintenance program designed to eliminate or reduce the incidents of malfunctions, operational complaints and extend the useful life of the equipment. Contractor shall inspect, clean, and if necessary adjust all traffic signal control equipment to meet manufacturer’s original specifications at each signalized intersection once each calendar month. The monthly inspection and cleaning of cabinets shall include the repair/replacement of parts in controller cabinet, detector loop patching, cleaning and realignment of signal indications, continuity checks, testing of the City's signal interconnect system, testing and repair of battery back-up systems, LED and pedestrian indication replacements, rewiring, concrete and foundation repairs, and lamping to maintain existing operation. The replacement of defective parts will be extraordinary maintenance. The Contractor shall be financially responsible for equipment determined to be damaged or affected due to neglected regularly scheduled maintenance.

A. MONTHLY INSPECTION

Contractor shall inspect, clean, adjust and make a routine inspection of each traffic signal location once per month per the approved proposal. Contractor agrees that it will maintain a record in each controller cabinet showing the date and time checked. Controllers shall not be replaced, except for repair, without prior approval of the City.

The Contractor shall submit a standard checklist for inspections and tasks that are conducted at each intersection, which shall include, but are not limited to, the following:

Clean the inside and outside of all controller cabinet assemblies, electrical service, battery back- up cabinets, and interconnect cabinets, removing any foreign material including graffiti. Tighten all electrical termination and check all Ethernet connections. Inspect/protect all related facilities for/from ant, bug, or rodent infiltration. Rust and water damage shall be reported to the City in the monthly report.

Check the timing of individual signal phasing and integral timing circuits for the correct operation per the timing sheet.

Check and verify timing of yellow (clearance) intervals on all phases by stopwatch per the timing sheet.

Check and set, if necessary, all real-time digital clocks to the National Bureau of Standard time.

Check detector units and systems including, but not limited to, inductive loops, video detection (verify that video detection camera lenses are clean and the system is operable), radar detection, Iteris APEX hybrid detection, and pedestrian push buttons for correct detection of both vehicles and pedestrians and adjust or repair as necessary to restore intended operation.

This includes the splicing (or re-splicing) of detector loops and the replacement of pedestrian DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
44 55136.00200\31919334.1 Exhibit “A”-9

buttons as needed.

Inspect all relays, clocks, dials, motors, switches, and similar equipment for all components of the traffic signal systems. Make routine adjustments or minor repairs as needed.

Walk all approaches of the intersection and visually inspect all signal poles, mast arms, signal head and indications (including programmed visibility indications), traffic control signs, pedestrian signals, internally illuminated street name signs, reflectorized street name signs, loop sealants, pull box covers, and any other devices to verify the correct condition, placement, and/or operation. Any traffic signal or illuminated indication that is burned out or has reached 80 percent depletion curve shall be replaced. All traffic heads and pedestrian heads found out of alignment shall be properly aligned and secured. Check all traffic signal indication visibility at approach distances, remedy, or report visibility deficiencies to the City immediately. Missing signs, including pedestrian push button plates, shall be replaced. Cracked or damaged loop sealants shall be re-sealed. All other equipment found loose, missing or damaged shall be secured, replaced, or repaired.

Immediately correct all safety deficiencies found during routine inspection and submit work authorizations request to the City to schedule non-emergency work.

Check all traffic signal controller communication equipment for proper operation, verify correct IP addresses (controller) and adjust or repair as needed. Replacement of Ethernet switches shall be coordinated with the City and subject to its approval. Contractor shall verify the grounds and connections of the copper twisted pairs or fiber interconnect at those locations using this communication system. Contractor shall test and make any repairs or adjustments. The City reserves the right to contract this work out to others. Contractor may be required to provide assistance to the City or other firms selected by the City to trouble-shoot Ethernet connections as requested.

Check Battery Back-Up Systems for proper operation and connections including checking and recording operational voltage range of all individual batteries and the total battery voltage (4 batteries), and adjust or repair as needed. The test results shall be documented on a separate “BBS” maintenance sheet in the controller cabinet log. The City shall be notified in writing of any Battery Back-Up System deficiencies and a proposed solution within forty-eight (48) hours of an occurrence.

The date of new battery installations shall be recorded in the traffic signal cabinet and in the monthly status reports to track the frequency of their required maintenance. The Contractor shall notify the City of non-operable or low-output batteries within twenty-four (24) hours. The replacement of batteries shall be considered extra work and will require approval by the City. If batteries are found to be “exploded” or cracked, the Contractor may be responsible for the cost of the replacement, if it is determined that they have not been properly inspected or maintained.

Check the operation of the Emergency Vehicle Pre-Emption equipment in the cabinet and located within fire stations.

Inspect all internally illuminated street name signs, reflectorized street name signs, luminaires, and City owned streetlights, which shall include at least one night-time inspection. The contractor shall provide the list of burned out internally illuminated street name signs and lights to the City prior to implementing replacements/repairs. The Contractor shall also notify the City of any sign panel or housing in need of refurbishment or replacement.

DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
45 55136.00200\31919334.1 Exhibit “A”-10

Inspect the operation of the flashing beacons (including RRFB solar and battery) and make any repairs or replacement of the flashing beacon lights and other auxiliary lighting as required.

B. Quarterly Maintenance (Every Three Months)

Cabinet door locks and padlocks shall be lubricated with graphite lubricant or equivalent and maintained in good working order. Any missing or damaged locks shall be replaced and/or repaired. A set of master keys shall be provided to the City.

Every three (3) months the Battery Back-Up System at the intersections that have been programmed for “Full Operation” shall be activated for a minimum of ten (10) minutes by disabling the Southern California Edison power breaker with results documented on the BBS maintenance sheet.

C. Semi-Annual Maintenance (Every Six Months)

Contractor shall replace the air filter elements in all cabinets so equipped every six (6) months.

Contractor shall test the intersections that are programmed for “Red Flashing” during the “On Battery” condition shall be “Load Tested” on the four (4) batteries every six (6) months, with text results documented on the BBS maintenance sheet.

D. Yearly Maintenance

1. Conflict Monitor Unit (CMU) or Malfunction Management Unit (MMU)

Contractor shall test CMUs and MMUs using the manufacturer recommended CMU/MMU tester on an annual basis. Contractor shall supply a report for each test conducted. The test shall be conducted utilizing a replacement monitor (like kind) to monitor the intersection while the test is being conducted. The testing shall take place on a schedule approved by the City Traffic Engineering Manager. Any conflict monitor that does not pass the test shall be repaired or replaced and billed as extraordinary maintenance.

2. Emergency Vehicle Pre-emption (EVP)

The optical detector lens shall be cleaned according to the manufacturer’s specifications at all signalized intersections and fire-house installations. Bi-annual inspection of the EVP system shall be completed as a routine task and is not considered as overtime.

3. Video and Radar Detection (Where Present)

The video and/or radar detection lens or face plate shall be cleaned and polished according to the manufacturer’s specifications at all signalized intersections.

4. Traffic Signal Controller Software

Contractor shall annually verify and update records of current software or firmware for the Econolite controllers and the Centracs system. This includes the spare controllers that the Contractor maintains for emergency replacement of failed controllers. All updates of controllers that require shutdown of the signal shall be coordinated with the City and may be required to be conducted at night. Software updates may be required as needed more frequently than once a year.

DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
46 55136.00200\31919334.1 Exhibit “A”-11

5. Painting

Contractor shall annually prepare and submit a list to the City of all cabinets (i.e., controller, splice pedestals, service) and signal head equipment that need painting as identified during the monthly maintenance reviews. Special notification shall be provided regarding rusting or water damage. Following receipt of the list the City may direct the Contractor to proceed with some or all of the painting subject to the terms of Extraordinary Maintenance. Painting to remove graffiti on signal equipment shall be performed by Contractor within twenty-four (24) hours of the observation or report.

Contractor shall use the City’s current paint standard color and apply paint coverage to provide uniform color on the equipment.

E. Repair and Replacement

Contractor shall replace or repair any and all defective parts of the signal system which cause signal failure or malfunction, as the occasion arises per the routine maintenance, such as the signal controller, flashers, burned-out lamps, detector loops, video and/or radar detection systems and/or units, push buttons, sensing units and wiring system, communication internal modems and/or interface units, unless the failure or malfunction falls in the category of extraordinary maintenance as defined in this Request for Proposal.

The Contractor shall complete all work within a timely manner notifying the City within twenty- four (24) hours of the next working day when any equipment is replaced with temporary replacements pending permanent repairs.

F. Loop Detector Replacement

Once it is determined by the City that the sawcut has deteriorated to a point that applying more sealant is insufficient, the loop detector shall be replaced at the bid price stated in the proposal per extraordinary maintenance.

G. Lamps and Lighting

Contractor shall furnish and replace all internally illuminated street name sign lamps and luminaires lamps at all traffic signals and flashers based upon an 80% depletion curve.

Contractor shall clean all LED modules, test for luminescence and report any that fall outside acceptable levels according to the specifications.

For standard IIISNS, lamps shall be F72T2 Cool White Fluorescent lamps meeting the requirements of ANSI Standard C78 or approved equal determined by the City. Luminaires shall be replaced with the equivalent per the existing lamp. Contractor shall clean all LED and programmed visibility lenses, align signal heads and adjust all mast-arm-mounted street name signs as needed.

The monthly routine maintenance bid price shall include lamp replacement of burned-out lights as needed, unless specifically listed as a separate item under extraordinary maintenance.

H. Emergency Service

Contractor shall maintain a 24-hour-per-day emergency service per the provision of routine maintenance for the replacement of burned-out lamps, turned heads, and controller DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
47 55136.00200\31919334.1 Exhibit “A”-12

malfunctions. The Contractor shall make the required repairs to restore or maintain the traffic signal in good working condition. Temporary repairs may be required in the event of an accident or failure that may be covered under extraordinary maintenance. The intersections where said traffic signals are located shall be regularly patrolled by Contractor or their representatives.

Contractor shall make immediate service calls on an emergency basis, responding within one (1) hour of notification during normal working hours of the Contact, and within two (2) hours during non-working hours of the Contact, including Saturdays, Sundays, and holidays in the event of malfunctions of the controller or signal system or turned head. Contractor is required to provide the reporting party or Contact with an estimated time of arrival. The replacement of burned-out lamps need not be on emergency basis provided that there are at least two (2) indications still operative for each direction of travel. Such replacement shall be handled as soon as possible in a routine manner.

I. Payment for Routine Maintenance

The costs for the monthly, quarterly, semi-annual, and yearly maintenance tasks shall be included in the established monthly inspection fees for routine maintenance and no additional compensation will be allowed.

Contractor shall submit separate monthly billings for routine maintenance at the Contract lump sum price per signalized intersection, flashing beacon, radar feedback signs, highway luminaires, and illuminated street name sign, per month. Said compensation shall include all labor, materials, equipment, overhead, overtime and profits for routine services in the price bid per intersection, per month, and no extra compensation will be allowed.

EXTRAORDINARY MAINTENANCE

Extraordinary/emergency maintenance involves the repair or replacement of equipment damaged by vehicle collisions, vandalism, civil disorder, windstorm, natural disasters, street construction or excavation. Extraordinary/emergency maintenance also includes replacements based on obsolescence, required MUTCD updates, or other unusual factors when the labor and materials necessary to ensure the safe and efficient operation of the City’s traffic signal system goes beyond routine maintenance, as defined in Section III.

Contractor shall provide extraordinary/emergency maintenance for the City’s traffic signal system and related equipment. The Contractor shall prepare and submit a work order to the City providing the details and justification for the needed repairs, unless otherwise directed by the Director of Public Works or their designee. The work shall be subject to City authorization and will be scheduled during regular hours whenever possible, City reserves the right to separately bid extraordinary maintenance work to other firms in the event a negotiated price or schedule of completing repairs cannot be reached which is acceptable to both parties or is deemed by the City to exceed the terms of the current Contract. Contractor may be required to assist or support other firms selected by the City as requested.

Generally, extraordinary/emergency maintenance of the City’s traffic signal equipment and systems will include, but not be limited to:

 Repair and/or replacement of failed or malfunctioning signal systems caused by collisions, vandalism, civil disorder, windstorm, natural disasters, wildfire, street construction, or excavation.
 Modifications to traffic signal equipment such as, but not limited to, upgrades of DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
48 55136.00200\31919334.1 Exhibit “A”-13

controller cabinets and controller components.
 Replacement of batteries for BBS.
 LED Module replacements.
 Pedestrian indication replacements.
 Painting of cabinets, signal poles and signal heads.
 New lenses and framework.
 New signal loop detectors.
 New video, radar, and/or hybrid detection systems.
 Interconnect installation, repair, terminations, and testing of same (excludes monthly testing).
 Replacement of obsolete or deteriorated beyond repair equipment.  Underground Service Alert (USA) requests and notices pertaining to traffic signal system.
 Repair and/or maintenance of portable changeable message sign.  Repair and/or replacement of failed or malfunctioning electric vehicle (EV) charging stations.

OTHER EXTRAORDINARY RESPONSES

Contractor may be required to assist in the final inspection of new or modified traffic signal systems, or provide interim emergency response or repairs of signals not currently owned by the City as authorized by the City.

A. Notifications

The Contractor shall report to the Director of Public Works or their authorized representative the conditions and provide satisfactory evidence that replacement is necessary per terms of Extraordinary Maintenance with cost estimates, including labor, to perform said work. Contractor shall also submit to the City photo records of damaged equipment requiring repair or replacement resulting from collisions. Unless otherwise directed by the City, no work shall proceed without the Director of Public Works' or their authorized representative's written authorization, except in emergencies and/or when the immediate replacement or repairs are required to prevent injury to persons or property damage.

All items of work requested in said Extraordinary Maintenance work orders shall be completed by the Contractor to the City’s satisfaction within ten (10) calendar days with exemption consideration given to work orders requiring materials to be purchased or unless specifically directed otherwise by the City. The completion of final repairs subsequent to the Contractor’s initial temporary repairs shall be subject to the same ten (10) calendar days completion requirements. Should the Contractor be unable to complete the extra work within the specified time, the Contractor shall submit to the City a written explanation for the delay and an anticipated completion date for said work.

B. Emergencies

The Contractor shall respond immediately to emergency calls, such as a total blackout, when directed by the City and dispatch the qualified personnel and equipment to reach the site within one (1) hour of notification during normal working hours of the Contact, and within two (2) hours during non-working hours of the Contact, including Saturdays, Sundays, and holidays, under normal circumstances. For the emergency repair of a signal which is totally blacked out, the following procedure of traffic control shall apply:

DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
49 55136.00200\31919334.1 Exhibit “A”-14

The Contractor’s vehicle shall carry traffic cones, etc., which shall be used when directing traffic during an emergency and/or when deemed necessary by the signal technician, the Director of Public Works or their representative.

If no police officer is present and temporary stop signs have been set up when the Contractor arrives at the site, the Contractor shall set up more traffic warning and control devices, if deemed necessary, and proceed to repair the signal. After the signal is back in operation, the Contractor shall remove all of the temporary traffic control devices and return those devices owned by the City to the City Yard (or designated location determined by the City).

If a police officer is still at the site when the Contractor arrives, the Contractor shall quickly examine the signal, evaluate the situation, and discuss it with the police officer. If the repair will take only a few minutes, the police officer may stay to continue to direct traffic while the Contractor repairs the signal. If the repair will take longer than the officer can wait, the Contractor shall immediately set up temporary stop signs and all other necessary warning devices and relieve the police officer.

If the Contractor representative must leave a blacked out signal location that has stop signs, the technician shall use the police panel switch to set a flash operation when the power is restored.

Contractor shall schedule a follow-up visit to turn off the flash, remove the stop signs, and restore normal traffic signal operation when the power is available.

C. Underground Service Alert

The Contractor shall be the designated City representative at the request of City staff for the marking and protection of traffic signal underground facilities such as traffic signal and electrical conduit, interconnect facilities, loops, and other appurtenant equipment which might conflict with other right-of-way construction or repairs.

The Contractor shall be responsible for equipping its technicians with the proper locating devices and for maintaining an up-to-date or current inventory of as-builts (City to provide a set of its current records) for these facilities including field verification using these locating devices.

All updates shall be transmitted to the City in a format adequate for its records.

In the event underground equipment is damaged by construction due to the Contractor's failure to properly mark the underground facilities per the records or reasonable effort using the appropriate equipment as determined by the City, the costs for repairs shall be the sole responsibility of the Contractor for facilities which were not properly marked. It shall also be the Contractor’s responsibility to contact requesting party in the event the scope of work is vague or incomplete.

D. Traffic Signal Master/Interconnect

Contractor shall provide trained technicians/personnel in the field who have training in the operation and integration of the Econolite Centracs traffic signal master or equivalent and the related interconnect or communication system. Technicians assigned to the installation or repair of the City's interconnect shall have training or be directly supervised by a technician with experience in the installation and handling of copper, fiber optic cable and Ethernet equipment.

If this work is subcontracted, this information shall be supplied and subject to the approval of the City. Costs for additional assistance shall be assumed per the unit price for related interconnect.

DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
50 55136.00200\31919334.1 Exhibit “A”-15

E. Painting

Contractor shall repaint all surfaces of metal standards, signal heads, back plates, visors, cabinets, and controller housings as directed by the City. Repainting shall be conducted by spray painting methods with colors consistent with traffic signal standards and as approved by the City.

F. Street Light Maintenance

Contractor shall repair/replace all equipment associated with City-owned streetlights including but not limited to the type of street light pole as directed and approved by the City. Costs for additional assistance shall be assumed per the unit price.

G. Method of Payment

Upon the receipt of an itemized invoice within thirty (30) days of completion of the work, City shall compensate Contractor for such repairs required beyond the scope of routine maintenance as follows:

1. Materials
a. The City shall pay to the Contractor for materials used in extraordinary maintenance the Contractor's cost from the supplier plus the percentage mark-up specified in the Contractor's bid proposal, but in no case greater than 15%. All materials and parts shall be new or have the approval of the Director of Public Works or their designee, if otherwise. The City has the right to inspect the Contractor's records to verify any material costs used in extraordinary maintenance.

2. Direct Labor
a. Contractor shall present with its monthly invoice a record of hours spent in extraordinary maintenance of traffic signals and appurtenances by intersection/location. City shall pay the Contractor for such hours of extraordinary maintenance at the rates specified on Exhibit B of the Contract. Said hourly rates shall be the total cost to City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of, workmen for health and welfare, insurance workmen's compensation, pension, vacation, sick leave, or any local, state, federal, or union tax or assessment and no additional compensation will be allowed.

3. Equipment
a. City shall pay Contractor for equipment used in extraordinary maintenance on a per-hour basis as specified in Exhibit B of the Contract and per the appropriate required equipment to complete the work. The Contractor's listing of per-hour equipment rates shall constitute total rates to be paid by City when specified equipment is used and no additional compensation will be allowed. No additional compensation shall be paid for transporting the equipment to or from the job site.

Labor Strike

It shall be the responsibility of the Contractor to provide continuous maintenance services, without any interruption, of all traffic signals in the City. In case of any labor strikes, the Contractor shall provide other means, at its own cost, to provide comparable continuous service as if there were no strike. Failure to do so will cause the City to take whatever actions are deemed necessary to provide such service and the costs will be borne by the Contractor.

DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
51 55136.00200\31919334.1 Exhibit “A”-16

Performance and Payment Bonds

The Contractor shall secure the City of Lake Forest for the faithful performance of its duties and payment of lawful obligations under this Contract by means of a faithful performance bond which is one hundred percent (100%) of the total contract amount and a labor and materials payment bond which is one hundred percent (100%) of the total contract amount whereby the City of Lake Forest shall be made beneficiary thereof and all costs and premiums shall be paid by Contractor. Said bonds will be furnished for the term of the contract, prior to the issuance of the purchase order, and shall be issued by a surety company rated Grade A or better and Class IX or better by the latest edition of Best's Key Rating Guide.

Permits and Licenses

The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Contract. Contractor shall possess and maintain appropriate licenses by the State of California Contractors Licensing Board through the term of the Contract. No City fees will be charged for City-related projects.

Patents

The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work.

Coordination

The City’s project administrator will be the City’s Traffic Engineering Manager. The Contractor and City’s project administrator shall meet every month to schedule and coordinate current upcoming work.

Page Break

Signalized Intersection List and Map – December 2022

Location ID Number Major Street Minor Street
1 Alton Parkway Commercentre Drive
2 Alton Parkway Monarch
3 Alton Parkway Catalina
4 Alton Parkway Towne Centre/Rancho Parkway
5 Alton Parkway Sunflower
6 Alton Parkway Towne Centre
7 Alton Parkway Portola Parkway
8 Bake Parkway Artists Way
9 Bake Parkway South Pointe
10 Bake Parkway North Pointe
11 Bake Parkway Commercentre Drive
12 Bake Parkway Dimension Drive
13 Bake Parkway Rancho Parkway (South)/Emi
Way
DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
52 55136.00200\31919334.1 Exhibit “A”-17

14 Bake Parkway Rancho Parkway (North)
15 Bake Parkway Towne Centre
16 Bake Parkway Portola Parkway
17 Bake Parkway Rue de Fortuna
18 Dimension Drive Canada Road
19 Dimension Drive Commercentre Drive
20 Commercentre Drive Civic Center Way
21 Commercentre Drive Serrano Summit/Biscayne Bay
22 El Toro Road Bridger Road
23 El Toro Road Rockfield Boulevard
24 El Toro Road Arbor
25 El Toro Road Raymond Way
26 El Toro Road Muirlands Boulevard
27 El Toro Road Fire Station 19*
28 El Toro Road Jeronimo Road
29 El Toro Road Toledo Way
30 El Toro Road Serrano Road
31 El Toro Road Trabuco Road
32 El Toro Road Aliso Park Drive
33 El Toro Road Northcrest Drive
34 El Toro Road Normandale Drive
35 El Toro Road Portola Parkway/ Santa Margarita
Parkway
36 El Toro Road Pheasant Run
37 El Toro Road Ridgeline Road
38 Glenn Ranch Road Ellipse
39 Glenn Ranch Road Definition
40 Glenn Ranch Road Saddleback Ranch Road
41 Glenn Ranch Road Viejo Ridge
42 Jeronimo Road Serrano Inter School
43 Jeronimo Road Cherry Ave
44 Lake Forest Drive Rockfield Boulevard
45 Lake Forest Drive Aspan Street
46 Lake Forest Drive Lake Forest Town Center
47 Lake Forest Drive Muirlands Boulevard
48 Lake Forest Drive Jeronimo Road
49 Lake Forest Drive Toledo Way
50 Lake Forest Drive Serrano Road
51 Lake Forest Drive Chinook Drive
52 Lake Forest Drive Trabuco Road
53 Lake Forest Drive Canada/Newvale
54 Lake Forest Drive Pittsford Drive
DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
53 55136.00200\31919334.1 Exhibit “A”-18

55 Lake Forest Drive Vintage Woods Drive
56 Lake Forest Drive Dimension Drive
57 Lake Forest Drive Regency Lane
58 Lake Forest Drive Vista Terrace
59 Lake Forest Drive Rancho Parkway
60 Lake Forest Drive Towne Centre
61 Lake Forest Drive Portola Parkway
62 Muirlands Boulevard Aspan Street
63 Muirlands Boulevard Dylan/Village Center
64 Muirlands Boulevard Parkview
65 Portola Parkway Saddleback Ranch Road
66 Portola Parkway Rancho/Purpose
67 Portola Parkway Glenn Ranch Road
68 Portola Parkway Pauling/Towne Centre
69 Portola Parkway Auto Center Drive
70 Portola Parkway Market Street
71 Portola Parkway Paloma
72 Rancho Parkway Corridor Center
73 Rancho Parkway Sports Park
74 Ridge Route Rockfield Boulevard
75 Ridge Route Muirlands Boulevard
76 Ridge Route Jeronimo Road
77 Ridge Route Toledo Way
78 Ridge Route Serrano Road
79 Ridge Route Trabuco Road
80 Rockfield Boulevard Center Drive
81 Rockfield Boulevard Boeing
82 Rockfield Boulevard Harvest
83 Rockfield Boulevard Orchard
84 Rockfield Boulevard Landsview
85 Rockfield Boulevard Los Alisos/Fordview
86 Saddleback Ranch Road Fawn Ridge
87 Toledo Way Serrano Road
88 Towne Centre Entertainment
89 Towne Centre Market Street
90 Trabuco Road Cherry Avenue
91 Trabuco Road Peachwood
92 Trabuco Road Via del Rio
93 Trabuco Road Paseo Tranquilo
94 Trabuco Road Paseo Sombra

*El Toro Road / Fire Station 19 has a signal pole and mast arm but will be considered a flashing DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
54 55136.00200\31919334.1 Exhibit “A”-19

beacon under this contract and not a signalized intersection.

Flashing Beacons – December 2022

Beacon ID Number Location / Description
1 Bake Parkway E/O North Pointe
2 Bake Parkway E/O South Pointe
3 El Toro Road E/B & Fire Station 19
4 El Toro Road S/B & Ridgeline Road
5 Jeronimo N/O Serrano Intermediate School
6 Ridge Route W/O Jeronimo Road
7 Lake Forest Drive E/O Overlake
8 Lake Forest Drive W/O Overlake
9 Serrano Road / Winding Way (RRFB)
10 Rue de Fortuna / Fascia (RRFB)
11 Rockfield / Dune Mear (RRFB)
12 Emi Way/Edna Parkway (RRFB – Future)
13 Greenleaf/Lassen Street (RRFB – Future)

Radar Feedback Signs – December 2022

Sign ID Number Location / Description
1 Regency Lane N/O Parkside
2 Regency Lane S/O Parkside
3 Saddleback Ranch Road S/O Malabar Road

DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
55 55136.00200\31919334.1 Exhibit “A”-20

TRAFFIC SIGNAL SYSTEM MAP

DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
56 55136.00200\31919334.1 Exhibit “B”-1

EXHIBIT “B”

SCHEDULE OF MAINTENANCE SERVICES
Contractor shall provide the services described in Exhibit “A” Scope of Services as directed by the City.

DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
57 55136.00200\31919334.1 Exhibit “C”-1-

EXHIBIT “C”

COMPENSATION
Consultant shall be paid for services rendered in accordance with Section 3.3. of the Agreement and as described above under Exhibit “A” Scope of Services, the not to exceed fee of One Million Eight Hundred Thirty-Seven Thousand Seventeen Dollars ($1,837,017) based on the following schedule:

ROUTINE MAINTENANCE OF TRAFFIC SIGNAL SYSTEMS

Item
No. Item Description Units
Quantity Units
Unit
Costs/
Hourly
Rates
Total Cost
1 Routine inspection, preventive maintenance,
and repairs of traffic signal systems including
quarterly/semi-annual and annual tasks. (Per
intersection, per month)
93 Each $70.00 $6,510.00
2 Routine inspection, and repairs of flashing
preventive maintenance, beacons (including
RRFB). (Per beacon, per month)
9 Each $35.00 $315.00
3 Routine inspection, preventive maintenance,
and repairs of luminaires. (Per light, per month) 370
Each $1.00 $370.00
4 Routine inspection, preventive maintenance,
and repairs of internally illuminated street name
signs. (Per sign, per month)
337
Each $1.00 $337.00
5 Routine inspection, preventive maintenance,
and repairs of City-owned Streetlights. (Per
streetlight, per month)
1 Each $1.00 $1.00
6 Routine inspection, preventive maintenance,
and repairs of radar feedback signs. (Per sign,
per month)
3 Each $25.00 $75.00
7 Routine inspection, preventive maintenance,
and repairs of reflectorized street name signs.
(Per sign, per month)
1 Each $0.50 $0.50
Monthly Totals for Routine Maintenance $7,608.50
Annual Totals for Routine Maintenance $91,302.00
3-Year Routine Maintenance ONLY Total $273,906.00

* Reflectorized street name signs (RSNS) are anticipated to replace the internally illuminated street name signs (IISNS) and the City is requesting the contractor to provide a unit price to include all costs, including labor, materials, equipment, overhead and profit and no additional compensation will be allowed for the Routine Maintenance of these signs.

DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
58 55136.00200\31919334.1
Unit prices shall include all costs, including all labor, materials, equipment, overhead and profit and no additional compensation will be allowed.

Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract; this includes rejected material not unloaded from vehicles, material rejected after it has been placed and material placed outside marked limits of work. No compensation will be allowed for disposing of rejected or excess material. Contractor shall note that the Award, if any, of this contract will be to the most responsible Contractor per the selection criteria. The City reserves the right to reject all proposals. In case of discrepancy between unit and total price, the unit price shall prevail.

EXTRAORDINARY MAINTENANCE OF TRAFFIC SIGNAL SYSTEMS

Item
No. Item Description Units
Quantity Units
Unit
Costs/
Hourly
Rates
Total Cost
1 Labor
Signal Maintenance Superintendent Hour $80.00
Signal Maintenance Superintendent
(Overtime)
Hour $130.00
Signal Maintenance Technicians Hour $110.00
Signal Maintenance Technicians (Overtime) Hour $185.00 Field Traffic Signalman Hour $100.00
Field Traffic Signalman (Overtime) Hour $175.00
Laborer Hour $80.00
Laborer (Overtime) Hour $115.00
Painter Hour $80.00
Painter (Overtime) Hour $115.00
Engineer Technician Hour $80.00
Engineer Technician (Overtime) Hour $115.00
Interconnect/Communications Specialist -
Ethernet
Hour $105.00
Interconnect/Communications Specialist -
Ethernet (Overtime)
Hour $180.00
2 Equipment
Aux/Flex Lift (Hydraulic Boom) Hour $10.00
Pickup Truck Hour $10.00
Service Truck Hour $25.00
Service Ladder Truck Hour $25.00
Boom Ladder Truck (Man Lift) (Bucket
Truck)
Hour $40.00
Concrete Saw and Water Truck Hour $25.00
DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
59 55136.00200\31919334.1
Compressor with Tools Hour $5.00
Crane Hour $165.00
3 Controller, Cabinet and Appurtenances
New fully wired Type P cabinet 2 Each $31,900.00 $63,800.00 New NEMA type TS1 controller 5 Each $7,800.00 $39,000.00

Complete upgrade of existing controller
cabinet (excluding controller) including, but
not limited to, painting, rewiring, and
auxiliary equipment upgrades including
rack-mounted detection and new MMU
6 Each $3,100.00 $18,600.00
Type III service 5 Each $5,100.00 $25,500.00
Replacement of shelf-mounted detectors
with rack-mounted (estimate based on the
replacement of 12 detectors)
15 Each $2,660.00 $39,900.00
Individual replacement of detectors 10 Each $155.00 $1,550.00 Installation of new Signal Monitor unit 4 Each $1,299.00 $5,196.00

Operation and certification testing of new
cabinet and controllers and appurtenances
(work shall be in accordance with State of
California testing procedures)
4 Each $1,250.00 $5,000.00
Communication switches 6 Each $3,550.00 $21,300.00
Malfunction Management Unit (MMU) 5 Each $1,495.00 $7,475.00 Annual Conflict Monitor Testing and
Reporting 93 Each $125.00 $11,625.00
Annual Emergency Vehicle Pre-emption 93 Each $70.00 $6,510.00 4 Vehicle Heads and Equipment
Red ball LED display 50 Each $105.00 $5,250.00
Red arrow LED display 50 Each $105.00 $5,250.00
Yellow ball LED display 20 Each $105.00 $2,100.00
Yellow arrow LED display 20 Each $105.00 $2,100.00
Flashing Yellow arrow LED display 20 Each $105.00 $2,100.00 Green ball LED display 50 Each $105.00 $5,250.00
Green arrow LED display 50 Each $105.00 $5,250.00
Red Programmable Visor (PV) LED 10 Each $150.00 $1,500.00 Yellow Programmable Visor (PV) LED 10 Each $150.00 $1,500.00 Green Programmable Visor (PV) LED 10 Each $150.00 $1,500.00 3-Section 12” LED Signal Head 5 Each $620.00 $3,100.00
4-Section 12” LED Signal Head 5 Each $975.00 $4,875.00
5-Section 12” LED Signal Head 5 Each $1,245.00 $6,225.00 DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
60 55136.00200\31919334.1
5 Pedestrian Heads and Equipment
Pedestrian push button sign 10 Each $50.00 $500.00
Pedestrian module LED countdown kit 32 Each $205.00 $6,560.00 Pedestrian push button with ADA-compliant
push button 4 Each $105.00 $420.00
Accessible Pedestrian Signal System
Button 4 Each $695.00 $2,780.00
Install New Accessible Pedestrian Signal
System (per intersection) 1 Each $9,950.00 $9,950.00
6 Painting of Controller Cabinets/ Signal
Heads. Pedestrian Heads. Signal Poles/
Streetlight Poles

Clean, primer, and repaint controller cabinet
exterior surfaces with paint color as
specified by City
20 Each $600.00 $12,000.00
Clean, primer, and repaint complete signal
head and mounting surfaces with paint
color as specified by City
15 Each $110.00 $1,650.00
Clean, primer, and repaint complete
pedestrian head and mounting surfaces
with paint color as specified by City
10 Each $90.00 $900.00
Clean, primer, and repaint complete signal
pole and mounting surfaces with paint color
as specified by City
1 Each $600.00 $600.00
Clean, primer, and repaint complete street
light pole and mounting surfaces with paint
color as specified by City
1 Each $1,000.00 $1,000.00
7 Replacing Detection
6’ round three or four-turn Type D loop
detectors including sawcut lead-in and
splicing
20 Each $650.00 $13,000.00
6’ round three or four-turn Type E loop
detectors including sawcut lead-in and
splicing
50 Each $575.00 $28,750.00
Video/Hybrid detection camera (Iteris Apex
or approved equal) 4 Each $5,950.00 $23,800.00
Radar detection (Wavetronix or approved
equal) 4 Each $7,450.00 $29,800.00
8 Battery Back-up System (BBS)
Uninterruptible Power Supply Unit for BBS 4 Each $4,800.00 $19,200.00 Batteries, Per Location 24 Each $2,075.00 $49,800.00
Install new BBS with External Cabinet 1 Each $12,030.00 $12,030.00 DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
61 55136.00200\31919334.1
9 Traffic Signs/IIISNS/RSNS/Lighting
Regulatory and/or warning signs on signal
poles 10 Each $200.00 $2,000.00
Regulatory and/or warning signs on signal
mast arms 10 Each $275.00 $2,750.00
6’ IISNS panels 40 Each $350.00 $14,000.00
8’ IISNS panels 6 Each $385.00 $2,310.00
LED Edgelit IIISNS 6 Each $4,200.00 $25,200.00
IISNS Light (both bulbs per unit) 100 Each $100.00 $10,000.00 HPS Luminaire (regardless of wattage) 15 Each $235.00 $3,525.00 LED Luminaire (regardless of wattage) 10 Each $505.00 $5,050.00 Reflectorized Street Name Sign 40 Each $2,075.00 $83,000.00 HPS City Owned Streetlight (regardless of
wattage) 10 Each $235.00 $2,350.00
LED City Owned Streetlight (regardless of
wattage) 10 Each $505.00 $5,050.00
Replacement of City Owned Streetlight Pole
(regardless of type) 1 Each $4,950.00 $4,950.00
Replacement of City Owned Streetlight
Mast Arm – Single Arm (regardless of type) 1 Each $1,000.00 $1,000.00 Replacement of City Owned Streetlight
Mast Arm – Double Arm (regardless of type) 1 Each $1,950.00 $1,950.00 10 Interconnect Installation and
Replacement

2" conduit (schedule 40) with pull boxes and
pull rope LF
Bore under sidewalk/street 1000 LF $32.00 $32,000.00
Trenched in dirt 1000 LF $19.00 $19,000.00
Wheeled or trenched in asphalt 1000 LF $65.00 $65,000.00 2" conduit (schedule 80) with pull boxes and
pull rope LF
Bore under sidewalk/street 1000 LF $32.00 $32,000.00
Trenched in dirt 1000 LF $19.00 $19,000.00
Wheeled or trenched in asphalt 1000 LF $65.00 $65,000.00 3" conduit (schedule 40) with pull boxes and
pull rope LF
Bore under sidewalk/street 1000 LF $34.00 $34,000.00
Trenched in dirt 1000 LF $21.00 $21,000.00
Wheeled or trenched in asphalt 1000 LF $67.00 $67,000.00 DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
62 55136.00200\31919334.1
3" conduit (schedule 80) with pull boxes and
pull rope LF
Bore under sidewalk/street 1000 LF $34.00 $34,000.00
Trenched in dirt 1000 LF $21.00 $21,000.00
Wheeled or trenched in asphalt 1000 LF $67.00 $67,000.00 4" conduit (schedule 40) with pull boxes and
pull rope LF
Bore under sidewalk/street 1000 LF $37.00 $37,000.00
Trenched in dirt 1000 LF $24.00 $24,000.00
Wheeled or trenched in asphalt 1000 LF $70.00 $70,000.00 4" conduit (schedule 80) with pull boxes and
pull rope LF
Bore under sidewalk/street 1000 LF $37.00 $37,000.00
Trenched in dirt 1000 LF $24.00 $24,000.00
Wheeled or trenched in asphalt 1000 LF $70.00 $70,000.00 Interconnect cable(s) LF
6 pair #22 cable 500 LF $3.00 $1,500.00
12 pair #22 cable 1000 LF $5.00 $5,000.00
25 pair #22 cable 2500 LF $8.00 $20,000.00
72 SMFO cable with trace wire 2500 LF $5.00 $12,500.00 12 SMFO Drop-In cable 500 LF $4.50 $2,250.00
Pull boxes. splice pedestals, splice
canisters EA
#5 pull box with lid 10 Each $835.00 $8,350.00
#6 pull box with lid 10 Each $900.00 $9,000.00
B40 pull box (or approved equal) with lid 10 Each $1,700.00 $17,000.00 Fiber Splice canisters (below grade
applications) 10
Each
$550.00 $5,500.00
Splice pedestals with locks 10 Each $1,000.00 $10,000.00 Replace lock assembly on splice pedestals 30 Each $100.00 $3,000.00 Termination/connector equipment in splice
pedestals EA
Terminal block for #22 cable 10 Each $50.00 $500.00
Interconnect cable connections including
verification of operation EA
6/12/25 pair #22 connections 20 Each $25.00 $500.00
Labor HR
Interconnect/communications
troubleshooting 100 $50.00 $5,000.00
DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
63 55136.00200\31919334.1
11 Construction Response
Response to construction site timing
adjustments/ signal flash 20 Hour $145.00 $2,900.00
12 Underground Alert Responses/ Marking
of Facilities

Response to USA Underground Alert
requests at the direction of City staff for the
marking and protection of all traffic signal
underground facilities including traffic signal
and electrical conduits, interconnect
facilities, loops, and other appurtenant
equipment which might conflict with other
right-of-way construction or repairs
200 Hour $150.00 $30,000.00
Review of USA Underground Alert emails
and process work orders to respond to
requests
200 Hour $5.00 $1,000.00
13 Miscellaneous Maintenance
Repair electric vehicle (EV) charging station 10 Each $217.50 $2,175.00 Replacement of electric vehicle (EV)
charging station (Not Specified) 1 Each $0.00
Replacement of electric vehicle (EV)
charging station (Single Port) 1 Each $9,100.00 $9,100.00 Replacement of electric vehicle (EV)
charging station (Dual Port) 1 Each $11,925.00 $11,925.00 Repair and/or maintenance of portable
changeable message sign 2 Each $290.00 $580.00

Estimated Total Contract Amount Initial
Three-Year Term - Extraordinary
Maintenance
$1,563,111.00
TOTAL 3 YEAR CONTRACT AMOUNT $1,837,017.00

Work not Included in the Schedule of Services
For all other extraordinary work, the City and Contractor shall negotiate the cost. For materials that are not included as part of the work items above, the City shall pay the Contractor's cost for the materials plus a not-to-exceed 15% mark-up. For labor, materials and equipment provided by others working as subcontractors to the Contractor, the City shall pay the subcontractor’s cost plus a not to exceed 10% markup. The City reserves the right to negotiate the mark up percentages with the Contractor. The Contractor shall provide supplier and subcontractor invoices/quotes/prices as directed by the City.

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-Long Beach-Anaheim.

DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
64 55136.00200\31919334.1 Exhibit “D”-1-

EXHIBIT “D”

INSURANCE REQUIREMENTS

1.1 Insurance.

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 $2,000,000 per occurrence and not less than $5,000,000 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 $5,000,000 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.

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:
(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.

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65 55136.00200\31919334.1 Exhibit “D”-2-

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 o f 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 rec overy 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.

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 insuranc e showing that such insurance DocuSign Envelope ID: FCF98EA6-D345-4E72-B12E-7F9A7FD11092 Item: 6
66 55136.00200\31919334.1 Exhibit “D”-3-

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 A.M. 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 a dditional 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 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 s ubcontractor’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.

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67 Attachment 2
Item: 6
68 Contractor: Contact #1: Contact #2: Contact #3:

Bear Electrical, Inc. City of Aliso Viejo City of San Juan Capistrano City of Stanton Name Shaun Pelletier George Alvarez Han Sol Yoo
Email [email protected] [email protected] [email protected] Phone No. 949-245-2533 (949) 443-6351 (714) 890-4204

QUESTION RESPONSE RESPONSE RESPONSE

1. Title and type of project Traffic Signal Maintenance Traffic Signal Maintenance Traffic Signal Maintenance

2. Contract Amount and Duration $750,000, 5 Years $100,000 3years with two 1-year extensions
$440,000 each fiscal year, 3 years with
two 2-year extensions.

3. Quality of the customer service Good Good Good

4. Quality of the work Good Good Very Good

5. Similarity of the Project Very Good Good Very Good

6. Contractor’s relationship with agency representatives Good Very Good Good

7. Agency’s desire to retain Contractor services (Yes/No) Yes Yes Yes

8. Additional Comments None
Pleased with service. They have been
very responsive to traffic signal
maintenance requests.

Project Manager has been good about
getting their requests done.

Questions 4, 5, 6
Rating Scale: 5 - Very Good, 4 - Good, 3 - OK, 2 - Poor, 1 - Very Poor Questions 7 - Yes or No
Traffic Signal Maintenance Services
Item: 6
69 CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/6/2023
DEPARTMENT: Public Works
SUBJECT:

AWARD OF CONTRACT FOR MEDIANS, PARKWAYS, AND SLOPES

LANDSCAPE MAINTENANCE SERVICES
RECOMMENDED ACTION(S):

1. Award an Agreement for Maintenance Services in the amount of $4,036,680 to Nieves Landscaping, Inc., of Santa Ana, California for Medians, Parkways and Slopes Landscape Maintenance Services.

2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to Nieves Landscaping, Inc., of Santa Ana, California, substantially in the form attached.

EXECUTIVE SUMMARY:

The current landscape maintenance contract for medians, parkways and slopes (“MPS”) maintenance services expires on June 30, 2023. Therefore, the City Manager authorized staff to issue a Request for Proposals (RFP) for MPS maintenance services. The procurement process is a qualification-based selection process based on a contractor’s experience, understanding of the scope of services, proposed personnel, completion of similar projects in a timely manner, and their ability to provide optimal services at an acceptable cost. After a competitive process outlined in the City’s Purchasing Guidelines, staff identified the most qualified contractor to provide medians, parkways, and slopes maintenance services. Public works staff recommend the City Council award the attached Agreement for Maintenance Services to Nieves Landscape, Inc. for MPS services (“Agreement”) (Attachment 1).

Staff determined Nieves Landscape, Inc. (“Nieves”) to be the best qualified and most cost-effective vendor. The term of the Agreement is three-years with two one-year options to extend at the discretion of the City Council. The proposed Agreement with Nieves would begin July 1, 2023. The Agreement includes a compensation amount of $4,036,680. If approved, staff will propose sufficient funds to cover the costs of the recommended action in the 2023-2025 Operating Budget.

Item: 7
70 BACKGROUND:

The City has an established program for the maintenance of its medians, parkways, and slopes. Medians, parkways, and slopes are generally common areas located along sidewalks and roadways, as well as open space areas. The work performed under the MPS maintenance contract includes regularly scheduled landscape maintenance, such as weekly turf mowing, managing the City’s irrigation system, landscape repairs, graffiti removal, emergency responses, aerating, dethatching, over-seeding all turf grass, tree management, and providing pest and rodent control.

The proposed Agreement includes several material changes to the scope of work in the current contract. It includes a reduction in required maintenance staff, reduced quantities for tree removals, and an increased usage of organic mulch to comply with SB 1383 requirements. The current contract for MPS maintenance is set to expire on June 30, 2023.

DISCUSSION:

On January 31, 2023, the City Manager approved the RFP for Medians, Parkways, and Slopes Maintenance Services and authorized staff to solicit proposals on PlanetBids. The scope of work includes landscape maintenance, irrigation management, infrastructure repairs, and installation of new plant material. The City subsequently received proposals from eight firms shown below:
•Brightview Landscape
•Four Seasons
•Greentech
•Landscape West
•Mariposa
•Merchants
•Nieves
•Real Green
Consistent with the City’s Purchasing Guidelines, staff assembled a selection committee approved by the City Manager to review proposals and participate in the interview phase of the selection process. The selection committee was comprised of the following:
•Director of Public Works
Item: 7
71 •Public Works Maintenance Manager
•Senior Management Analyst (Public Works Department)
•Landscape Administrator
•Assistant to the City Manager
Technical Review and Interview Process
The review process is comprised of three phases: the Technical Review of written proposals, the Qualifications Interview phase, and the cost proposal evaluation. The Purchasing Guidelines require the Selection Committee to review all proposals submitted in response to the RFP. As summarized in Table 1, staff reviewed eight proposals and five firms met the technical criteria and were invited to the interview process.

Table 1: Summary of Technical Review and Qualifications Interview Technical Review Qualifications Interview
Rater Rater Pricing
Firm 1 2 3 4 5 Sub-
Total 1 2 3 4 5 Sub-
Total
Points
x 5 Total
Nieves 84 92 71 76 77 400 143 139 126 126 135 669 185 854 Landscape
West 74 79 71 68 68 360 101 137 119 96 117 570 200 770
Merchants 84 90 68 72 75 389 119 138 102 114 119 592 160 752 Mariposa 78 80 79 77 66 380 112 135 122 126 124 619 110 729 Brightview 74 88 72 73 68 375 97 135 101 110 104 547 105 652 Greentech 47 69 43 51 62 272 No Interview 272 0 272
Real Green 51 73 48 51 62 285 No Interview 285 0 285
Four
Seasons 46 67 59 60 55 287 No Interview 287 0 287
During the qualifications interview, Nieves demonstrated its experience, knowledge, and dedication to the landscape services provided for the City’s medians, parkways, and slopes. Nieves scored higher than the other firms and was willing to negotiate their costs to be competitive with the lowest submitted cost. Compared to the other proposers, Nieves was better able to articulate their knowledge for providing landscape maintenance services and their desire to meet City expectations through a passion for providing high quality services as a family-owned business.

Item: 7
72 Cost Proposals
Compensation scoring is based on the contractor’s cost proposal, which is made up of monthly landscape services for specified locations, as needed irrigation repairs, and plant material. At the conclusion of the interview process, all firms had the opportunity to submit a last, best, and final cost proposal. Table 2 below describes the initial cost proposal amounts received by each firm that qualified to receive an interview.

Table 2: Medians, Parkways, & Slopes Cost Proposals
Firm 3-Year Cost Proposal
Landscape
West
$4,045,040.25
Nieves
Landscape
$4,329,471.45
Merchants $5,050,500.84
Mariposa $7,428,492.66
Brightview $7,799,364.51
After the analysis of the proposals and costs, staff determined that Nieves was the most qualified contractor for MPS landscape maintenance services. Nieves originally had the second lowest cost proposal. However, after negotiations, Nieves lowered their cost for services to $4,036,680 which is the lowest cost proposal received. The annual compensation amount for the proposed Agreement with Nieves is $1,345,560. This annual compensation amount represents a contract cost that is $139,723.92 higher than the current agreement.

This is an increase of approximately 12% from the current agreement, which was entered into in 2017 and never received a Consumer Price Index-based rate increase. The key factors associated with the increase are related to overall inflation, labor costs, fuel costs, environmental regulations, and new State- mandated battery powered equipment requirements. The costs for the proposed three-year Agreement will remain unchanged for the first three years of the term and will not be subject to rate adjustments. Table 3 below describes the final cost and point score demonstrating Nieves as best qualified with the lowest cost proposal.

Table 3: Final Cost Proposals and Scoring
Firm Final 3-Year Cost
Proposal
Final Point Score
Nieves Landscape $4,036,680.00 854
Landscape West $4,045,040.25 770
Item: 7
73 In addition to the City of Lake Forest, Nieves is currently providing services for the cities of Laguna Hills, Mission Viejo, Orange, and Temecula. Nieves currently provides landscape services for the passive parks contract and the MPS contract. The staff from each agency contacted as part of the Nieves reference check stated the quality of the company’s work has been very good (Attachment 2).

The Finance Department prepared the Agreement with Nieves, which the City Attorney reviewed and approved as to form. The proposed Agreement would be for the traditional three-year initial term with two one-year extensions based on performance and at the City Council’s discretion for a not-to-exceed compensation amount of $4,036,680. Per the City’s Purchasing Guidelines, the City Manager may approve additional work not-to-exceed 10% of the original contract amount.

FISCAL IMPACT:

The proposed Agreement with Nieves includes $4,036,680 in total compensation.

The Agreement includes a three-year term ending June 30, 2026, with two optional one-year extensions. If approved, staff will propose sufficient funds to cover the costs of the recommended action in the 2023-2025 Operating Budget.

ATTACHMENTS:

1. Agreement for Maintenance Services with Nieves Landscape, Inc.

2. Contractor Reference Check
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: 7
74 Attachment 1
Item: 7
75 (BB&K 2019)
55136.00200\31919334.1
-1-

CITY OF LAKE FOREST

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] , by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, located at 100 Civic Center Drive, 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 respo nsibility for the provision of certain landscape maintenance services required by the City which shall be performance in accordance with the terms and conditions set forth in this Agreement and all plans, specifications and other contract documents attached to or incorporated into this Agreement. 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, and 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 Agr eement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Additionally, Contractor shall comply with Special Provisions to the Maintenance Agreement applicable to the Services as set forth in Exhibit “A-I.”

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55136.00200\31919334.1
-2-

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 detail s 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 ter m 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 wit h 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 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”).

3.2.5 Contractor’s Representative. Contractor hereby designates Greg Nieves, President, or his or her 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 resp onsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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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.

As provided for in the indemnification provisions of this Agreement, Co ntractor 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 cos ts 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 an y 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 perf ormed. 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) a dequate 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. 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 DocuSign Envelope ID: B24A1717-006A-4BB9-981A-C9F4215B4CEA Item: 7
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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 execute the Services available to i nterested 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 fr om 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, 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. T his 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 dir ectly to the DIR . Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

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.

3.2.12 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 -to- exceed compensation indicated in this Agreement, and in a form provide d 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.

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 satisfac tory 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 execu ted 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.

3.2.13.2 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 watercou rses, including applicable requirements in municipal storm water management programs.

Contractor shall be familiar the DAMP, and the LIP and shall co mply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/documents/damp/mapplan
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A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/296/Local-Implementation-Plan-LIP

3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient sk ill 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 an d 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 fr om 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 poli cy. 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 co mply 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 FOUR MILLION THIRTY -SIX THOUSAND SIX HUNDRED EIGHTY DOLLARS ($4,036,680.00) without written approval of City’s City Manager or City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the ra tes 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.

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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 Cit y 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 authori zation from the City.

3.4 Accounting Records.

3.4.1 Maintenance a nd 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 Agreeme nt 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 A greement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

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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 o ther address as the respective parties may provide in writing for this purpose:

Contractor: Nieves Landscape, Inc.
1629 E. Edinger Ave
Santa Ana, CA 92705
ATTN: Greg Nieves, President
City: City of Lake Forest
100 Civic Center Drive
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.

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 DocuSign Envelope ID: B24A1717-006A-4BB9-981A-C9F4215B4CEA Item: 7
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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 subj ect 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.

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 t he 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 def ine, 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 waiv er 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.

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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.

3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discrimi nate 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 t hat 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 self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

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CITY OF LAKE FOREST NIEVES LANDSCAPE, INC.

By:

[AUTHORIZED CITY SIGNATURE]

By:

[VENDOR SIGNATURE 1]
Doug Cirbo
Mayor
Greg Nieves
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:

By:

[VENDOR SIGNATURE 2]
Greg Nieves
Secretary
By:

[CITY CLERK SIGNATURE]

Lisa Berglund
City Clerk

APPROVED AS TO FORM:

By:

[CITY ATTORNEY SIGNATURE]

Best Best & Krieger LLP
City Attorney

[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]

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86 55136.00200\31919334.1 Exhibit “A”-1

EXHIBIT “A”

SCOPE OF MAINTENANCE SERVICES

CITY OF LAKE FOREST

MEDIAN, PARKWAY, & SLOPE LANDSCAPE MAINTENANCE SERVICES

SCOPE OF WORK

DEFINITIONS
Whenever the following terms are used in this agreement, they shall have the following meaning:

A. “CITY” - The City of Lake Forest.

B. “CITY MANAGER” - The fully appointed City Manager of the City or his/her authorized representative.

C. “CONTRACTOR” - The managing individual of the contracting entity or his/her authorized employees or representatives.

D. “PUBLIC WORKS DIRECTOR” - The official designated as the Public Works Director of City, or any of his/her authorized representatives.

E. “PUBLIC WORKS MANAGER” – The Public Works Director’s designee for administering the Contractor’s work under this agreement, or any of his/her authorized representatives.

1.00 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.

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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.

8. All repairs to damaged City property shall be completed within twenty-four (24) hours after damage is reported or noticed.

9. 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.

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).

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

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88 55136.00200\31919334.1 Exhibit “A”-3

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.

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 MEDIANS, PARKWAYS, AND SLOPES TO BE MAINTAINED

2.01 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.

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55136.00200\31919334.1 Exhibit “A”-15

149 133 Median Alton Parkway Medians Landscape .67 150 134 Parkway Muirlands/Los Alisos-empty Lot Landscape .17 151 135 Slope Pedroso open space Landscape .41
152 136 Parkway Normandale open space Landscape .23 153 137 Medians Saddleback Ranch Road Medians Landscape .19 154 138 Slope Broken Bow open space Landscape .82
155 139 Slope Whispering Hills Park Site Landscape .18 156 140 Parkway Portola Parkway Medians (SR 241
– El Toro)
Landscape .33
157 141 Parkway Mamie Thomas Parcel Landscape .32
158 142 Slope Jeronimo Road Slope Landscape .14
159 Parkway Bake/South pointe Dr Landscape .02
160 Open area End of Ridge Route open space Landscape .65

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 (Does Not Include Southeast Corner) Applies to “The Arbor” project located on El Toro Road between the I-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.

1. 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.

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• 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. 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.

3. 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

4. Lighting
• Any vandalized or inoperable light fixtures shall be reported to the City upon discovery.

5. 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.

6. 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.

2.04 I-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 I-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, 5-hours per week and attend annual Caltrans training in addition to the regular maintenance crew 10-hours per week to provide maintenance services in the above-mentioned areas.

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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.

3. 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.

5. Olivewood Elementary School Trees and Tree Wells
The City maintains the trees and tree wells. Maintenance includes manual watering, general litter control, weed abatement, light tree pruning, and sucker pruning.

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 TURF MOWING

3.01 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.

2. 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.

3. 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.

4. Turf shall be mowed with a mower appropriate to the particular turf type being mowed. Equipment shall be properly maintained, clean, adjusted, and sharpened.

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

6. Mow turf to the following heights or as directed by the City:

1. Bermuda – 1 inch - 3/4 inch year around.

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.

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7. 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.

8. 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.

9. 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.

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.

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.

12. All portable obstructions, such as picnic tables and trash containers shall be moved in order to mow all portions of turf.

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.

14. Mowing operations shall be scheduled at times of low public use.

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

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.

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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.

E. Chemical edging shall be performed a minimum of once every 60 days.

4.08 String trimmers will not be permitted.

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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, pelletized 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 of ¾ lb. N / 1,000 square feet per month through the winter fertilization period.

B. Winter fertilization period shall begin November l 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.

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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

1x/yr 6-20-20 XB + Commercial Sept/Oct winter reseeding

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6.02 Landscape fertilization schedule:

FREQUENCY TYPE & SOURCE TIME OF YEAR
2x/yr 40-10-10 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. Samples shall be tested at an agricultural soils testing laboratory approved by the City.

7. 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 removes ¾” 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).

2. The Contractor shall assure that turf areas to be aerified are properly and evenly moist prior to aerification operation.

3. When soil condition is poor, top-dress may be required by the City.

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

5. The Contractor shall flag all irrigation heads, valve boxes, quick-couplers, electrical boxes, and the like, prior to commencing aeration operations. The Contractor Item: 7
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shall be responsible for any damage to irrigation, boxes, pavement, etc. from aerifier and other equipment.

6. All turf areas shall be aerated twice per year.

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.

2. 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.

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.

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4. 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.

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 dept of 1/2” during daylight hours.

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.

11. The rye grass over seeding will be completely established by November 1.

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 1½ 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 .

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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.

3. 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.

4. Contractor shall prevent soil compaction by regularly cultivating bare spots in all ground cover areas on a monthly basis.

5. Any paper or litter that accumulates in ground cover areas shall be picked up daily.

6. 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.

7. 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.

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8. 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.

9. 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.

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.

13.05 Plant Material Guarantee
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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.

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 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.

6. 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.

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.

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3. 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.

4. 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.

5. 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.

6. 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.)

7. 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.

8. 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.

9. All shrubs shall be pruned to prevent encroachment onto private property.

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).

11. All trimmings and debris shall be removed and disposed of off-site at the end of each day's work.

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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. Contractor shall be expected to maintain all trees less than fifteen (15) feet tall. Any tree pruning above fifteen (15) feet will be considered extrawork.

2. Contractor is responsible for tree work within fifteen (15) feet of the ground.

3. 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.

4. 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.

5. All pruning and tree guying maintenance shall conform to International Society of Arboriculture (I.S.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.

6. Dressing wounds will not be allowed.

7. Shearing: Only those plants specifically designated by the City shall be sheared.

These plants may also require additional thinning to maintain a healthy condition.

8. 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.

9. 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.

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.

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.

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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.

13. Lower branches can be removed only after tree is able to stand erect without staking or other support.

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.

15. All trees shall be pruned to prevent or maintain encroachment onto private property.

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.

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.).

18. All pruning and debris shall be removed and properly disposed of immediately.

19. Contractor shall perform minor tree surgery as required.

20. Special emphasis shall be placed upon public safety during pruning operations, particularly when adjacent to roadways and walkways.

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.

Failure to comply with the scope of work for Tree Pruning shall be $400 per incident per day.

17.00 TREE REMOVALS AND PLANTING
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17.01 All trees fifteen (15) feet or smaller which are downed or dead by either natural or unnatural causes shall be removed and disposed of off-site after notification to the City. Trees above fifteen (15) feet in height will be considered extra work.

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.

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17.06 Tree planting details and guidelines with mulch:

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17.07 Tree planting details and guidelines without mulch:

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18.00 CITY-WIDE QUARTERLY ADA TREE PRUNING AND SIDEWALK CLEARING

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 Item: 7
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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.

6. Common weed (Arundo Donax) will be 100% controlled due to its fast growth and invasiveness.

7. 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.

8. Weeds not killed with herbicides shall be removed manually. However, manual weed control shall not be substituted for herbicide applications.

9. 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.

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.

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 pre- emergent herbicide used will be considered a weed management tool and the cost will not be reimbursed by the City.

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12. Monthly, the Contractor shall complete and furnish copies of an herbicide application log to the City.

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.

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.

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 pre-emergent herbicide applications shall be reflected on the annual calendar along with notation identifying material name and target weeds.

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

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.

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;
H. Warning of the possibility of damages by the application from hazards that are known to exist; and
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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 gloves, waterproof boots, respirator, coveralls, goggles, accurate measuring Item: 7
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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.

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

Mulch

Contractor shall adhere to the mulching requirements set forth to meet SB1383 requirements administered by CalRecycle.

Requirements:

1. Compost and SB 1383 Eligible Mulch procurement .

Divisions, departments, and employees responsible for
landscaping maintenance, renovation, or construction shall:

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a. Use Compost and SB 1383 Eligible Mulch
produced from recovered Organic Waste for landscaping
maintenance, renovation, or construction as practicable and whenever available, while capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration, and
pathogen density standards specified in 14 CCR section
17852(a)(24.5)(A)(1) through (3).

b. When City uses Compost and SB 1383
Eligible Mulch and their application is subject to the City’s Water Efficient Landscaping Ordinance (“WELO”),
pursuant to Lake Forest Municipal Code Title 9, Chapter 146, section 110 et seq., all divisions, depart ments, and employees shall comply with the City’s WELO by including the following:
i.For landscape installations, Compost at a rate of
a minimum of four (4) cubic yards per one
thousand (1,000) square feet of permeable area
shall be incorporated to a depth of six (6) inches
into the soil. Soils with greater than six percent
(6%) Organic matter in the top six (6) inches of
soil are exempt from adding Compost and tilling.
ii. Apply a minimum of three (3) inches of SB 1383
Eligible Mulch to all exposed soil surfaces of
planting areas, except in turf areas, creeping or
rooting groundcovers, or direct seeding
applications where such mulch is contraindicated.

Whenever SB 1383 Eligible Mulch is applied in
this way, five percent (5%) of the landscape area
shall be left without mulch to provide habitat for
beneficial insects and other wildlife. Designated
insect habitats must be included in the landscape
design plan as such.
iii.Procure Organic SB 1383 Eligible Mulch materials
made from Recycled or Post-Consumer Materials
rather than inorganic materials or virgin forest
products, unless Recycled or Post -Consumer
Organic products are not locally available. SB
1383 Eligible Mulches are not required where
prohibited by local ordinances.
iv.For all SB 1383 Eligible Mulch that is land-applied, such mulch must meet or exceed the physical
contamination, maximum metal concentration, and
pathogen density standards specified in 14 CCR
section 17852(a)(24.5)(A)(1) through (3).

c. Keep records, including invoices or proof of
Recovered Organic Waste Product procurement (whether
through purchase or acquisition), and submit records to the Item: 7
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Recordkeeping Designee upon completion of a project.

Records shall include:

i. General procurement records,
including:

1. A general description of how and where the product was used and applied, if applicable;

2. The source of a product, including the name, physical location, and contact information for each entity, operation, or facility from which the Recovered Organic Waste Products were procured;

3. The type of product;

4. The quantity of each product; and

5. All invoices or other records demonstrating purchase or procurement.

ii.For Compost and SB 1383 Eligible Mulch provided
to residents through giveaway events or other
distribution methods, records shall be kept of all
Compost and SB 1383 Eligible Mulch so given away
to residents. Records shall be maintained and
submitted to the Recordkeeping Designee in
accordance with all reporting requirements under
this Policy.
iii.For procurement of SB 1383 Eligible Mulch, maintain an updated copy of the ordinance or enforceable
mechanism(s) requiring that the mulch procured by
the City or Direct Service Provider meets the land
application standards specified in 14 CCR section
18993.1, as amended from time to time.
d. When procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, enter into a written contract, agreement, or executed purchase order with
enforceable provisions that include: (1) definitions and specifications for SB 1383 Eligible Mulch; and (2) an
enforcement mechanism (e.g. termination provisions,
liquidated damages clauses, etc.) in the event the Direct Service Provider is not compliant with these requirements. e. Review, amend, or terminate exi sting contracts as
necessary to achieve compliance with the requirement of enforceable mechanisms pursuant to Section 5(1)(c)(3),
above.

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 Item: 7
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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.

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.

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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 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.

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.

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.

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.

17. Monthly water meter readings are required to be provided to the City by the 10 th
of the following month.

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.

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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, 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.

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 Item: 7
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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.

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.

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22.15 Contractor shall be responsible for Informing the city of any backflows that are leaking or inoperable.

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.

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.

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.

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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 10% 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.

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.

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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.

4. Contractor shall use integrated pest management practices whenever possible. Applying chemicals and insecticides shall be used only if other natural practices have failed.

5. A disease control program to prevent all common diseases from causing serious damage shall be provided on an as needed basis. Disease control shall be achieved utilizing materials and rates recommended by a licensed California Pest Control Advisor.

6. Contractor shall notify the City when applying any chemicals or insecticides to any areas under contractors care.

7. Contractor will assume responsibility and liability for the use of all chemical controls. Pests and diseases shall include, but not be limited to, all insects, aphids, mites, other invertebrates, pathogens, and nematodes. Controls shall include necessary use of integrated pest management systems involving the use of life history information and extensive monitoring. Control shall be through prevention, cultural practices, pesticide applications, exclusion, natural enemies, biological control, and host resistance.

8. All material used shall be in strict accordance and applied within the most current EPA regulations and the California Department of Food and Agricultural Code.

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9. City shall be notified prior to the application of pesticides and other chemicals. Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with City. Material use reports for all pesticides shall be filed with the City no later than the 10th of every month for the preceding month.

10. Application of Pesticides
A. Timing: Pesticides shall be applied at times which minimize the possibility of contamination from climatic or other factors and at the proper life cycle of the pests. Early morning application shall be used when possible to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas.

Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficiency, it shall be applied only in quantities which each area is capable of receiving without runoff.

B. Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Department of Food and Agricultural Code or EPA regulations.

C. Equipment and Methods: Spray equipment shall be in good operating conditions, quality, and design to efficiently apply materials to the target area. Drift will be minimized by avoiding high pressure applications and using water soluble drift agents.

D. Selection of Materials: Pesticides shall be selected from those materials which characteristically have the lowest residual persistence. Use of emulsifiable concentrates shall be used when possible to limit windblown particles. The use of adjuvants will be to increase pesticide efficiency thereby reducing the total amount of technical material required to gain control.

E. Substitution: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the City.

F. Certification of Materials: All materials shall be delivered on the site in original unopened containers. Materials shall be subject to inspection by the City.

11. The Contractor shall eradicate or remove bees, ants, insects, snails, sowbugs, rodents and other pests, which the City deems to be a public hazard or nuisance. The Contractor shall arrange for and assume the expense of such operations, if not under its immediate capabilities, within a 24-hour period after notification from the City.

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

13. Identify the cause of injury and consult a Pest Control Advisor before application of chemical treatments.

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A. The State of California Agricultural Code requires that toxic pest control chemicals may be used only after a written recommendation by a State of California licensed Pest Control Advisor is obtained. A recommendation consists of all the applicator should know for an accurate and safe usage. The recommendation must be time and site specific.

B. Application of all pesticides shall be only by a properly State Licensed Pest Control Operator.

C. There shall be no application of a pesticide without written permission of the City.

D. In case a Restricted Use Pesticide is recommended, the City must have a use permit issued only by the County of Orange Agricultural Commissioner's office.

14. Contractor shall start preventative cultural methods before a pest is visible. At certain times of the year, and with certain environmental conditions, the presence of certain pests can be anticipated. Look at new growth for the presence of aphids, leaf hoppers, scale, mealy bugs, and mites. Look for ants on soil, along walks, and trunks of shrubs and trees. When ants are present, there will be sucking insects. Control of ants will aid in the control of plant feeding insects. Do not use toxic pesticides to control pests when predatory or parasitic insects are present.

15. Dusty foliage and warm temperatures are indicators of mites. 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.

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.

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.

18. Pruning is an effective prevention of an epidemic of insects and diseases. Pruning away infected parts and disposing of them off-site separates the pest or pathogen from the host. Examples are Pine tree tip moth, Juniper twig girdler, Verticillium wilt, fireblight, and some other blights of foliage.

A. Some thinning of tree foliage, to provide light and aeration for ground cover, is a type of disease prevention.

B. Use care when pruning not to spread disease by keeping all cutting edges sterile by dipping in an alcohol or bleach solution after each cut.

19. The Contractor shall establish a continuing program to control insects and rodents.

20. With the pest control program, the following information shall be provided to the City on a monthly basis:

A. The pest to be controlled
B. Method of control
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C. The product labels
D. A schedule as to frequency of control
E. Applicable M.S.D.S. Sheets
F. All mandatory signage

21. Monthly, the Contractor shall complete a pesticide spray log for any pesticides used.

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

23. 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. All methods employed to perform Rodent Control shall conform to all federal, state, and county environmental regulations.

25. Rodent Control shall be performed in accordance with the following criteria:

A. All rodents to be controlled shall be identified and feeding habits determined prior to treatment of the area.

B. All mounds shall be raked level a minimum of 24 hours prior to treatment.

C. Soil shall be checked in the area to be treated to ensure proper soil moisture exists prior to treatment with treated baits.

D. All treated bait, traps, and gases used to control rodents shall be placed in the tunnel. Traps shall be covered with soil once inserted into tunnel to prevent vandalism and to ensure public safety.

E. All bait containers and/or applicators shall be of the type that will minimize spills.

F. Any and all spilled bait shall be picked up or buried immediately.

G. All treated areas shall be inspected after treatment for dying animals. Contractor shall remove all dying animals and/or carcasses and dispose of them off-site prior to the end of each work day until area no longer requires further treatment.

26. Care should be taken to minimize or control use where domestic pets may come into contact with the poisons. Signage around applied area shall be considered.

27. Exceptions: Contractor shall be allowed to use Strychnine for Rodent control without prior submittal of a written recommendation from a certified Pest Control Advisor when applied in accordance with the following:

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.

29. Equipment required for bait application shall consist of a probe, pail, tablespoon, waterproof gloves, respirator, and probing bait run.

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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.

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.

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, 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.

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.

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Failure to comply with the scope of work for Litter, Lead, and Debris Control shall be $400 per incident per day.

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EXHIBIT “A-I”

SPECIAL PROVISIONS TO THE MAINTENANCE AGREEMENT

1.00 GUARANTEE AND/OR REPLACEMENT POLICY

1.01 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.

2.00 LANDFILL DIVERSION

2.01 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.

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
• 2 Irrigators plus 2 helpers
• 1 QAC
• 3 Foreman
• 14 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.

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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’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.

Failure to comply with the scope of work for contractor staffing and training shall be $400 per incident per day.

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 f or 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 tr affic 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 co mponents may be stored at Item: 7
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selected central locations, approved by the City Traffic Engineer, within the limits of the right-of-way.

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 t he 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 twenty -four 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 Item: 7
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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 to the City. This includes material newly planted and material, which has been planted. Replacement must be of comparable size and species.

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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 g roundcover: 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.

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INTEGRATED PEST MANAGEMENT (IPM) POLICY &

IMPLEMENTATION GUIDELINES

FOR THE CITY OF LAKE FOREST
*GENERAL IPM POLICY:

For the last 55 years, the trend in pest management has increasing relied on synthetic chemical pesticides. The result has been not only a tremendous increase in the use of many dangerous chemicals, but also an increase in the number of pests that are resistant to the pesticides or new organisms becoming pests. Additionally, some pesticides used for terrestrial pest management have been found in waterways causing problems in the aquatic environment.

Pest control managers are now moving away from their reliance on pesticides alone toward an integrated approach that combines limited pesticide use with more environmentally friendly pest control techniques. This system is known as integrated pest management (IPM), a strategy that focuses on the long-term prevention of pests or their damage through a combination of techniques, including preventative, cultural, mechanical, environmental, biological, and chemical control tactics (Figure 1). The techniques are utilized simultaneously to control pest populations in the most effective manner possible.

Developing a comprehensive Integrated Pest Management (IPM) Program and approach allows us to focus on our primary efforts of pollution prevention. By monitoring and preventing pests as well as minimizing heavy pest infestations we can reduce the need for chemicals and/or multiple applications.

IPM programs utilize monitoring techniques and injury and economic thresholds to determine when to implement control strategies. Treatments are used only used according to established guidelines after monitoring indicates that such treatment is appropriate. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and non- target organisms and the environment.

The use of pesticides is often a measure of last resort. Because of this, the management guidelines for pesticide use are presented in a separate section immediately following the IPM guidelines.

Figure 1
Components of an Integrated Pest Management Program

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Scope of IPM Policy and Implementation Plan

IPM practices are encouraged over the sole use of pesticides as the primary means of pest management (Table 1). As a part of the Municipal Activities Program Manual, the public agencies and their contractors should evaluate the non-chemical components of IPM before intensive use of pesticides.

The goal of IPM is not to eliminate all pests, but to keep their populations at tolerable levels.

Pesticides may be part of an IPM program, but they should only be used after the pests exceed established thresholds and only applied in the affected area (in the case of disease prevention, some modifications may be allowed). In general, all pest control strategies should be those that are least disruptive to biological control organisms (natural enemies), least hazardous to humans and the environment (including non-target organisms), and have the best likelihood of long-term effectiveness.

Table 1. Advantages and Disadvantages of a Pesticide-Based Program versus an IPM- Based Pest Control Program
Pesticide Based Pest Control IPM Based Pest Control
Advantages Disadvantages Advantages Disadvantages
Quick suppression of
pests
Not long-term Long-term control It may take longer to see results
Pest control is
reactive
Can be proactive in
pest control actions
Must establish thresholds
Loss of natural
controls.

Often get outbreaks
of other pests
Reduces disruption
of natural enemies

Pesticides can be
used (only used as
last resort).

Must have knowledge of
pesticides and their effects
on other organisms.

Labor is only for
spraying

Extra work in
cleanup

Staff becomes more
knowledgeable of
pests and injury
symptoms
Labor is required for
monitoring and regular
scouting

Training is required to
identify pests and natural
enemies.

Not much preparation or
follow-up needed
Need a PCA
recommendation
Pest management is
more organized
Must maintain a record-
keeping system.

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Pesticide safety
issues for
applicators, public,
animals

More pesticides in
environment

Contamination of
water bodies from
runoff

Less exposure to
pesticides

Safer to the
environment

Reduces
contamination from
runoff

Pesticides should not be applied until pests are approaching damaging levels. Because this requires early detection of the pests, monitoring on a regular basis is extremely important and should also be used to determine if natural enemies are present and adequately controlling the pest. If possible, a person should be trained and assigned to scout the sites on a regular basis.

Components of an IPM Program

An IPM program is a long-term, multi-faceted system to manage pests (Figure 1). Use of pesticides is a short-term solution to pest problems and should be used only when the other components fail to maintain the pests or their damage below an acceptable level. Successful IPM practitioners are knowledgeable about the biology of the plants and pests and successful IPM programs primarily use combinations of cultural practices as well as a combination of physical, mechanical and biological controls.

Pest Identification

It is important to learn to identify all stages of common pests at each site. For example, if you can identify weed seedlings, you can control them before they become larger and more difficult to control and before they flower, disseminating seeds throughout the site. It is also important to be sure that a pest is actually causing the problem. Often damage such as wilting is attributed to root disease but may actually be caused by under watering or wind damage.

Prevention

Good pest prevention practices are critical to any IPM program, and can be very effective in reducing pest incidence. Numerous practices can be used to prevent pest incidence and reduce pest population buildup such as the use of resistant varieties, good sanitary practices and proper plant culture. Examples of prevention include choosing an appropriate location for planting, making sure the root system is able to grow adequately and selecting plants that are compatible with the site’s environment.

Monitoring

The basis of IPM is the development and use of a regular monitoring or scouting program. Monitoring involves examining plants and surrounding areas for pests, examining tools such as sticky traps for insect pests and quantitatively or qualitatively measuring the pest population size or injury. This information can be used to determine if pest populations are increasing, decreasing, or staying the same and to determine when to use a control tactic.

Weather and other environmental conditions may also play a factor in whether a pest outbreak may occur so it is important to monitor temperature and soil moisture as well.

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some plants and younger ones on others. Randomly looking at a plant and its leaves does not allow you to track changes in pest population or damage over time.

It is important to establish and maintain a record-keeping system to evaluate and improve your IPM program. Records should include information such as date of examination, pests found, size and extent of the infestation, location of the infestation, control options utilized, effectiveness of the control options, labor and material costs.

Injury Levels and Action Thresholds

In order to have a way to determine when a control measure should be taken, injury levels and action thresholds must be set for each pest. An injury level is the level of unacceptable damage. For example, the injury level for a leaf-feeding beetle may be set at 30% of the leaves being damaged. Action thresholds are the set of conditions required to trigger a control action.

An example of this would be finding an average of 5 or more beetles on 10 shrubs in a location. Action thresholds are set from previous experience or published recommendations and based on expected injury levels. Injury levels are often set by the public’s comments.

Pest Control Tactics

Integrated pest management programs use a variety of pest control tactics in a compatible manner that minimizes adverse effects to the environment. A combination of several control tactics is usually more effective in minimizing pest damage than any single control method. The type of control that an agency selects will likely vary on a case-by-case basis due to the varying site conditions.

The primary pest control tactics to choose from include:
• Cultural
• Mechanical/Physical
• Biological
• Pesticide

Cultural Controls

Cultural controls are modifications of normal plant care activities that reduce or prevent pests. In addition to those methods used in the pest preventions, other cultural control methods include adjusting the frequency and amount of irrigation, fertilization, and mowing height. For example, spider mite infestations are worse on water-stressed plants, over-fertilization may cause succulent growth which then encourages aphids, too low of a mowing height may thin turf and allow weeds to become established.

Mechanical/Physical Controls

Mechanical control tactics involve the use of manual labor and machinery to reduce or eliminate pest problems using methods such as handpicking, physical barriers, or machinery to reduce pest abundance indirectly. Examples include hand-pulling or hoeing and applying mulch to control weeds, using trap boards for snails and slugs, and use of traps for gophers.

The use of physical manipulations that indirectly control or prevent pests by altering temperature, light, and humidity can be effective in controlling pests. Although in outdoor situations these tactics are difficult to use for most pests, they can be effective in controlling birds and mammals if their habitat can be modified such that they do not choose to live or roost in the area. Examples include removing garbage in a timely manner and using netting or wire to prevent bird from roosting.

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Biological Controls

Biological control practices use living organisms to reduce pest populations. These organisms are often also referred to as beneficials, natural enemies or biocontrols. They act to keep pest populations low enough to prevent significant economic damage. Biocontrols include pathogens, parasites, predators, competitive species, and antagonistic organisms. Beneficial organisms can occur naturally or can be purchased and released.

The most common organisms used for biological control in landscapes are predators, parasites, pathogens and herbivores.
• Predators are organisms that eat their prey (e.g. Ladybugs).

• Parasites spend part or all of their life cycle associated with their host. Common parasites lay their eggs in or on their host and then the eggs hatch, the larvae feed on the host, killing it (e.g. Tiny stingless wasps for aphids and whiteflies).

• Pathogens are microscopic organisms, such as bacteria, viruses, and fungi that cause diseases in pest insects, mites, nematodes, or weeds (e.g. Bacillus thuringiensis or BT).

• Herbivores are insects or animals that feed on plants. These are effective for weed control. Biocontrols for weeds eat seeds, leaves, or tunnel into plant stems (e.g. goats and some seed and stem borers).

In order to conserve naturally occurring beneficials, broad-spectrum pesticides should not be used since the use of these types of pesticides may result in secondary pest outbreak due to the mortality of natural enemies that may be keeping other pests under control (Figure 2).

Figure 2
Example of Secondary Pest Outbreak
Caused By Use of a Broad Spectrum Insecticide
A. Aphids and mites
controlled by predators B. After a
broad spectrum spray for aphids, predators
for mites and aphids are also killed,
resulting in an outbreak of mites.

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Pesticide Controls

Any substance used for defoliating plants, regulating plant growth or preventing, destroying, repelling or mitigating any pest, is a pesticide. Insecticides, miticides, herbicides, fungicides, rodenticides and molluscides are all pesticides. Anything with an EPA or DPR registration number on the label is a non-exempt pesticide.

Pesticides should only be used when other methods fail to provide adequate control of pests and just before pest populations cause unacceptable damage. The overuse of pesticides can cause beneficial organisms to be killed and pest resistance to develop. When pesticides must be used, considerations should be made for how to use them most successfully. Avoid pesticides that are broad-spectrum and relatively persistent since these are the ones that can cause the most environmental damage and increase the likelihood of pesticide resistance. Always choose the most specific but least toxic to non-target organisms method.

In addition, considerations should be given to the proximity to water bodies, irrigation schedules, weather (rain or wind), etc. that are secondary factors that may result in the pesticide being moved off-site into the environment. Consideration should be made of the temporary loss of use of an area (application in a park may result in the area being sectioned off)

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IMPLEMENTION GUIDELINES:

Designated IPM Coordinator or IPM Contact Information in Box Below:

Michael McConaha
Public Works Maintenance Manager
City of Lake Forest
949-461-3575

Personnel responsi ble for the care and maintenance of facilities under the above- mentioned jurisdiction agree to implement a suite of basic integrated pest management procedures selected from the following five main components of an IPM program:

I) Prevention
II) Pest and Symptom Identification
III) Monitoring for Pests and Problems
IV) Action Thresholds and Guidelines
V) Selection of Appropriate Management Methods (Control Tactics)

The procedures seek to increase the long -term prevention and suppression of pest problems (insects, weeds, diseases, and vertebrates) with the minimum impact on human health, the environment, and non -target organisms. Emphasis is placed on improving cultural practices to prevent problems and utilizing alternative control measures instead of broad spectrum pesticides.

Information on the latest IPM information including management of new pests in the landscape is obtained from local UC Cooperative Extension Advisors, UC IPM Regional Advisor, or the Statewide UC IPM Web Site at www.ipm.ucdavis.edu.

I. PREVENTION
A. Landscape Design Procedures (a minimum of three must be selected)

Drainage, soil characteristics, water quality and availability are considered during plant selection.

Sun exposure, heat, and high temperature conditions are considered during plant selection.

Adequate space is allowed for root growth, especially trees.

Nursery stock is inspected and rejected if not healthy (injuries, diseased, circling roots/potbound, poor staking and/or pruning).

Pest resistant species and cultivars are selected.

Plants with similar growth characteristics and irrigation requirements are grouped together.

Landscape design matches available irrigation technology to avoid excess water use and to minimize surface runoff.

B. Site Preparation and Planting Procedures (a minimum of three must be selected) Assess soil drainage properties and improve compacted soils prior to planting.

Conduct a soil analysis to determine chemical and physical properties of the existing soil and then add appropriate amendments such as organic matter.

Ensure irrigation is installed as designed in order to avoid poor uniformity once plants are in place.

Follow proper planting procedures for particular plant species to avoid planting too deeply or too shallow.

Nursery tree stakes are removed at planting and replaced with staking that allows trunk to flex; removing these stakes after 1 to 1.5 years.

Utilize a soil probe or other soil moisture measurement device to monitor soil moisture levels in existing root ball and surrounding soil during establishment period.

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Plants are examined weekly for symptoms of water stress and to assist in determining irrigation scheduling.

Monitor soil moisture with a soil probe or soil moisture sensors to assist in scheduling irrigation.

Utilize evapotranspiration (ET) data or ‘smart’ clock technology to schedule irrigation.

Cyclic irrigation (short-multiple run times) is employed to minimize surface runoff.

Utilize low precipitation sprinklers or low-volume systems to reduce surface runoff.

Systems are inspected monthly to check for leaks, broken pipes, and clogged or broken sprinkler heads.

Adjust sprinklers to avoid application of water directly to the trunk of trees (can promote disease) or on to concrete surfaces where it can enter storm drains.

Establish a hotline or email or other dedicated method where citizens can report leaks and broken sprinkler heads
D. Fertilizing Procedures (a minimum of three must be selected) Fertilize only when plants are actively growing to avoid nutrient losses below the root zone.

Fertilizer is not applied within 48 hours of a rain event to avoid losses below the root zone and in surface runoff.

Soil analyses are conducted in order to determine existing nutrient levels in the soil prior to fertilizing.

Turf grass fertilizer maintenance schedules are based on UC recommendations found online at UC Guide for Healthy Lawns.
http://www.ipm.ucdavis.edu/TOOLS/TURF/MAINTAIN/fertilize.html Sports turf grass fertilizer maintenance guidelines are based on UC recommendations found in Establishing and Maintaining the Natural Turf Athletic Field (UCR ANR Publication Number: 21617).

Overfertilization, especially of trees and shrubs, i s avoided to ensure plant growth is not excessively succulent making it more susceptible to pest infestations.

Off-target fertilizer applications or spills are cleaned up immediately by sweeping up and applying to landscape or turf or replacing in spreader or bag to ensure material does not enter storm drains.

E. Pruning Procedures (a minimum of three must be selected) Damaged or diseased wood is regularly pruned from landscape plants.

Trees are pruned according to standards set forth by a professional tree care organization such as the International Society of Arboriculture.

Replace plants too large for a space instead of pruning them severely.

Unnecessary pruning is avoided as wounds are entry sites for decay and disease organisms.

The age and species of the plant is taken into account when determining the time of year to prune. For example, eucalyptus should be pruned in December and January when long- horned beetles are not active.

Tree height reduction is discouraged. When deemed necessary by a licensed arborist, the crown reduction method approved by a professional tree care organization is utilized.

Topping is never done to reduce tree size. NO TOPPING OR 'HAT RACKING' IS PERMITTED.

II. PEST AND SYMPTOM IDENTIFICATION
A. Insects, Mites, and Snails and Slugs (a minimum of three must be selected) Field personnel are trained to recognize basic pests found in the landscape in the following groups: insects, mites, and mollusks.

A licensed Pest Control Adviser is on staff or hired to properly identify a pest and the symptoms caused by the pest.

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Field personnel are trained to utilize disease life cycles to apply treatments when the organism can be controlled most effectively.

Field personnel are trained to distinguish between beneficial insects and actual pests found in the landscape (e.g. parasitizing wasps).

Unknown samples are submitted to the Orange County Agricultural Commissioner for identification by the county entomologist or plant pathologist.

Abiotic or nonliving factors (wind, sunburn, air pollution, etc…) are considered as possible causes of observed symptoms as well as biotic (living) factors.

B. Weeds (a minimum of one must be selected)
Field personnel are trained to identify common weeds in the landscape.

Field personnel are trained to utilize weed life cycles to properly control weeds such as controlling crabgrass utilizing a pre-emergent herbicide applied in mid-January.

A licensed Pest Control Adviser is on staff or contracted to properly identify the pest.

C. Diseases (a minimum of one must be selected)
Field personnel are trained to recognize common diseases or their signs/symptoms in the landscape.

Field personnel are trained to utilize disease life cycles to apply treatments when the organism can be controlled most effectively.

Field personnel are trained to recognize the difference between biotic and abiotic problems.

Field personnel are trained to understand how common diseases are spread throughout the landscape.

Disease signs and sympt oms are sampled and submitted to the Orange County Agricultural Commissioner for identification by the county plant pathologist.

A licensed Pest Control Adviser is on staff or contracted to properly identify the pest.

Photographs of disease signs and symptoms are taken and compared to reference guides such as UC IPM’s Pests of Landscape Trees and Shrubs.

D. Vertebrates (a minimum of one must be selected)
Field personnel are trained to recognize vertebrate pests and the damage they cause in the landscape.

Field personnel are trained to utilize vertebrate behavior to properly control the pest most effectively.

At least one field staff member is trained in vertebrate baiting and trapping.

A licensed Pest Control Adviser is on staff or contracted to properly identify vertebrate pest.

III. MONITORING FOR PESTS AND PROBLEMS
A. Insect/Mollusk Monitoring Procedures (a minimum of three must be selected) Visually inspect plants for insects, mites, snail and slug damage at least monthly; recording results utilizing a method conducive to tracking changes and easy recall of data.

Yellow sticky traps are utilized to assess populations of insects.

Insects are dislodged from plants by shaking over a collection surface usually consisting of a clipboard with a white sheet of paper.

If available for a particular insect, phermone-baited traps are utilized.

Soil-dwelling turf insects are brought to the surface for monitoring by flushing a specific area of soil (i.e. 2’ x 2’ grid) with plain water or a soapy water mixture.

The amount of honeydew (aphids) and frass (caterpillars) present is utilized as an indicator of population levels.

B. Weed Monitoring Procedures (a minimum of two must be selected) Landscapes are inspected at least 4 times a year (early winter, early spring, summer and early fall) for weeds in order to determine if and when a weed problem exists.

Utilize site surveys to record the location, date, and severity of weed problem; recor ding results utilizing a method conducive to tracking changes and easy recall of data.

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Count and record the number of weeds encountered at periodic intervals (e.g. every 1 to 2 feet) along a straight line transecting a landscapes area or within a selected area, for example 4 sq. ft. samples done in random places in a bed or turf area.

C. Disease Monitoring Procedures (a minimum of two must be selected) Landscapes are regularly checked for conditions, such as overwatering and injuries, which promote disease.

Landscapes are checked monthly, at a minimum, for disease symptoms and signs.

Disease prone plants are checked more frequently.

Records are kept utilizing a method conducive to tracking changes and easy recall of data of each landscape inspection noting, date when disease signs and symptoms were first noticed and the current environmental conditions and soil moisture levels.

D. Vertebrate Monitoring Procedures (a minimum of two must be selected) Landscapes are regularly inspected for vertebrate presence either by damage caused by animal, actual animal sightings, and/or droppings.

Records are kept of the absence or presence of actual vertebrates, the damage caused, and/or the presence or absence of droppings.

Maps are created and updated at least twice a year, recording area of high vertebrate damage or signs (such as gopher mounds).

IV. ACTION THRESHOLDS AND GUIDELINES
A. Insect/Mollusk Thresholds and Guidelines (a minimum of one must be selected) Insect tolerance levels are established based on the public’s acceptance of damage to the landscape or a certain level of nuisance pests (i.e. ants), the actual plant species in the landscape, and long-term monitoring and knowledge of pests causing the damage.

Thresholds are based on levels were reasonable control of the pest can be achieved with minimum impact on the environment.

Insect monitoring records are utilized to establish threshold levels for the implementation of control strategies. For example, the threshold for the pr esence of aphids on a rose garden at City Hall is low, while in a native shrub border it might be considerably higher.

B. Weed Thresholds and Guidelines (a minimum of one must be selected) Weed tolerance levels are established based on public safety or the public’s acceptance and the resources available to manage the landscape at that level.

Weed monitoring records are utilized to rank the percentage of the landscape area infested (none, light, moderate, heavy, or very heavy) with weeds.

Public areas are ranked according to high, medium, or low level of weed control and management conducted according to levels set for each rank (see Appendix A) C. Disease Thresholds and Guidelines (a minimum of one must be selected) Disease tolerance levels are est ablished based on the public’s acceptance and the resources available to manage the landscape at the level required.

Disease monitoring records are utilized to establish threshold levels for the implementation of control strategies. For example, the threshold for the presence of powdery mildew on roses at City Hall is much lower than the threshold for its presence on Euonymus in a parking lot at a city sports park.

D. Vertebrate Thresholds and Guidelines (a minimum of one must be selected) Vertebrate t olerance levels are established based on public safety, the public’s acceptance and the resources available to manage the landscape at the level required.

Vertebrate monitoring records are utilized to establish threshold levels for the implementation of control strategies. For example, the threshold for the presence of gopher mounds in a sport field is zero, while in a native shrub border it might be two before a trapping strategy is implemented.

V. SELECTION OF APPROPRIATE MANAGEMENT METHODS
A. Insect/Mollusk Management Methods
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Cultural/Mechanical/Physical Control Methods (a minimum of three methods must be selected)
Sticky barriers are applied to trunks of trees and large shrubs to prevent ants and other wingless invertebrates from plant canopies.

Small insect infestations are removed by pruning infested plant parts.

Copper bands are installed around base of trees or planting areas where snail and slug infestations are prevalent.

Plant canopies are thinned to increase light penetration to exposure certain soft -bodied insects (soft-scale) as well as snails and slugs to heat.

Strong streams of water are used to dislodge insects such as aphids and whiteflies, from leaves.

Avoid use of plants that snails and slugs use for shelter.

Avoid irrigating between 5pm and 5am when moisture remains on plant material for several hours.

Biological Control Methods (a minimum of one method must be selected) Persistent broad-spectrum pesticides are avoided, especially if biological cont rol of an insect has been established by UC researchers. Examples include parasitoid wasps controlling Eugenia Psyllids, Giant Whitefly, and Ash Whitefly.

Natural predators (beneficial insects) are augmented with purchases of additional predators from commercially available resources.

Pesticide Control Methods (a minimum of five methods from must be selected) The most selective, rather than broad-spectrum, pesticide is used If available for controlling a particular insect, biological and botanical pesticides are selected
Insecticidal soaps are utilized to control infestations of soft-bodied insects such as aphids, thrips, and immature scales.

Horticultural oils (neem oil and narrow-range refined oils) are utilized to control infestations of soft-bodied immature and adult insects such as aphids, scales, and whiteflies.

Pesticides are only utilized when the potential for impacts to the environment, especially water quality, are minimized.

Equipment is calibrated prior to the application of the insecticide to avoid excess material being applied to the landscape environment.

Applicators are trained to not apply pesticides to hard surfaces and to not allow any pesticide to enter the storm drain system
Spot treatments are utilized rather than broadcast methods Insecticide/fertilizer combinations are only used if appropriate timing for BOTH the insecticide application and the fertilizer application.

B. Weed Management Methods
Cultural, Mechanical, and Physical Control Methods (a minimum of t hree methods must be selected)
Timers are set to avoid overwatering as weeds establish in areas where soil moisture is excessive.

Drainage is managed to avoid wet areas.

Weeds are removed from a site prior to planting.

Mower height is adjusted to turf species and time of year.

Mower is washed after mowing a weedy site.

Hand-pulling, mowing, trimmers/brushcutters, flaming, hoeing, and rototilling around landscape plants are the main methods utilized to control annual weeds and young perennial weeds.

Soil solarization is utilized to control some annual and perennial weed species.

Bare soil areas are covered with a thick layer of mulch to suppress weeds and conserve soil moisture.

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Soil, mulch, and plant material is weed-free before it is introduced into the landscape.

Pesticide Control Methods (a minimum of three methods must be selected) Spot treatments are utilized rather than broadcast methods.

Herbicide/fertilizer combinations are only used if appropriate timing for BOTH the herbicide application and the fertilizer application.

Herbicides are utilized according to established thresholds (see Appendix A).

Organically acceptable herbicides (shown to be effective through science-based research) are used where appropriate.

Herbicides are applied to the stage of weed growth most susceptible to the chemical.

Equipment is calibrated prior to the application of the herbicide to avoid excess material being applied to the landscape environment.

C. Disease Management Methods
Cultural, Mechanical, and Physical Control Methods (a minimum of three methods must be selected)
Prune out and dispose of localized areas of diseased plants.

Pathogen-infested plant parts are removed from the soil surface area to reduce certain pathogens (e.g. Camellia Petal Blight).

Pruning tools are sterilized (e.g. a diluted bleach solution) between plants to prevent the spread of pathogen to other plants.

Proper irrigation and fertilization are maintained to prevent plant stress, water-logging, and subsequent susceptibility to disease.

Soil solarization is utilized to control soil pathogens in annual beds where it is most effective.

Mulch is kept at least 6” from base of plants to avoid excessive moisture around crown possibly resulting in crown rots and is no deeper than 4” Replace disease-prone plants with non-susceptible species.

Pesticide Control Methods (a minimum of two methods must be selected) Preventative fungicides and bactericides are only used where diseases can be predicted from environmental conditions and applied prior to infection or the appearance of symptoms.

Synthetic fungicides are used sparingly in the landscape and only in high visibility areas in order to minimize development of resistance.

Organic fungicides and bactericides are utilized in combination with cultural, mechanical, and physical control methods in order to improve their effectiveness.

Copper-based fungicides are only utilized in situations where its entry into surface runoff and storm drains is virtually impossible and after consultation with PCA and IPM coordinator.

Mycopesticides, commercially available beneficial microorganisms, are used where appropriate.

Fungicides classes are rotated to avoid resistance.

D. Vertebrate Management Methods
Cultural and Physical Control Methods (a minimum of two methods must be selected) Groundcovers are maintained such that they do not harbor rats.

Shrubs pruned at least 1 foot from the ground (rats).

Sources of drinking water removed (leaky faucets, puddles).

Trash cans have lids and are emptied daily (rats).

Screens or other barriers installed under structures that have a space between soil and floor (rabbits).

Habitat modification, based on pest biology is used to reduce shelter.

Trapping is used for gophers when safe and practical.

Kill traps used for ground squirrels and rabbits, are checked daily, and in places not accessible by children or non-target animals.

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Gas cartridges are used for ground squirrels according to UC recommendations.

Pesticide Control Methods (a minimum of two methods must be selected) Anti-coagulant baits are used and applied according to label and UC recommendations.

Bait is applied in a manner that non-target animals do not access to it.

Restricted use rodenticides, aluminum or zinc phosphide, are used only after applicator has been trained for that product or only by a wildlife management contractor.

VI. GENERAL PESTICIDE MANAGEMENT PRACTICES
(all practices listed below must be selected)
Restricted use pesticides are only used when no other alternatives are practical.

If pesticides are necessary, CAUTION -labeled pesticides are considered before more toxic alternatives.

Only small quantities of pesticides are purchased eliminating the need for stockpiling.

MSDSs are regularly updated to reflect new pesticides or label changes to pesticides in storage.

Appendix A
Ranking public areas for weeds (or other pest) management:

Areas ranked as HIGH may include areas that the public sees and expects to be well-maintained.

Examples are entrances to public buildings such as city hall and libraries.

These areas are allowed to use pesticides based on established thresholds.

Areas ranked as MEDIUM may include areas the public sees but does not expect a high level of maintenance. Examples are landscaped areas away from the entrance, recreational and picnic areas. These areas can tolerate a higher lever of weeds.

These areas are allowed to use pesticides but the threshold is much higher and pesticides are used infrequently and only after consultation with IPM coordinator.

Areas ranked as LOW may include areas the public rarely sees or does not expect a high level of maintenance. Examples are medians, landscaped areas in parking lots, wildlands. These areas can tolerate a higher lever of weeds.

These areas are not allowed to use pesticides except in extreme cases and only after consultation with IPM coordinator.

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EXHIBIT “B”

SCHEDULE OF MAINTENANCE SERVICES

CITY OF LAKE FOREST

MEDIAN, PARKWAY, AND SLOPE LANDSCAPE MAINTENANCE SERVICES SCHEDULE

OF SERVICES

1.00 HOURS AND DAYS OF MAINTENANCE SERVICES

1.01 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.

1.02 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.

1.03 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.

2.00 HOLIDAY SCHEDULES

2.01 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 Labor Day
Martin Luther King Jr Day Veteran’s Day
President’s Day Thanksgiving Day
Memorial Day Thanksgiving Friday
Independence Day Christmas Day

3.00 MEDIANS, PARKWAYS, AND SLOPE MAINTENANCE

3.01 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.

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EXHIBIT “C”

COMPENSATION

CITY OF LAKE FOREST

MEDIAN, PARKWAY, & SLOPE MAINTENANCE SERVICES

COMPENSATION
Contractor shall be paid for work described in Exhibit “A” Scope of Services and a not-to-exceed amount of four million thirty-six thousand six-hundred eighty dollars (4,036,680.00) based on the following schedule.

Schedule A - Maintenance Costs
The Contractor’s monthly maintenance cost in Schedule A shall include the following as defined and described in Exhibit “A” Scope of Maintenance Services: general and daily maintenance; weekly weed control, turf grass maintenance, and irrigation maintenance; bi -weekly landscape maintenance; monthly pest and rodent control; and fertilization.

Item
Number Description Units Quantity Unit Cost Annual Total

Schedule A - Maintenance
Costs
1 Bake Pkwy from Jeronimo Rd.
to Toledo Way Monthly 12 $400.00 $4,800.00
2 Bake Pkwy from Toledo Way to
Trabuco Rd Monthly 12 $162.00 $1,944.00
3 Dimension Dr. from Lake
Forest Dr. to Linear Ln. Monthly 12 $86.00 $1,032.00
4 El Toro Rd. from Santa
Margarita Pkwy to 2,415 ft.
south Monthly 12 $619.00 $7,428.00
5 Jeronimo Rd. from Jeronimo
Ln to Lake Forest Dr. Monthly 12 $852.00 $10,224.00
6 Jeronimo Rd. from Jeronimo
Ln to Lake Forest Dr. Monthly 12 $190.00 $2,280.00
7 Jeronimo Rd from Shadowfax
Dr to Eldamar Ave Monthly 12 $333.00 $3,996.00
8 Lake Forest Dr from Rockfield
Blvd to Muirlands Blvd Monthly 12 $485.00 $5,820.00
9 Lake Forest Dr from Muirlands
Blvd to Overlake Dr Monthly 12 $600.00 $7,200.00
10 Lake Forest Dr from Jeronimo
Rd to Toledo Way Monthly 12 $324.00 $3,888.00
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11 Lake Forest Dr from Toledo
Way to Serrano Rd Monthly 12 $619.00 $7,428.00
12 Lake Forest Dr from Old
Trabuco Rd to Newvale Dr Monthly 12 $38.00 $456.00
13 Lake Forest Dr Monthly 12 $29.00 $348.00
14 El Toro Rd west of Muirlands
Dr Monthly 12 $10.00 $120.00
15 El Toro Rd east of Muirlands
Dr Monthly 12 $10.00 $120.00
16 Lake Forest Dr from 241
Tollroad to Dimension Monthly 12 $1,437.00 $17,244.00
17 Lake Forest Dr from Sterling Dr
to Fernleaf Dr Monthly 12 $19.00 $228.00
18 Lake Forest Dr from Fernleaf
Dr to entrance of Ridgecliff Monthly 12 $38.00 $456.00
19 Lake Forest Dr from entrance
of Ridgecliff to Pittsford Dr Monthly 12 $29.00 $348.00 20 Lake Forest Dr from Pittsford
Dr to Vintage Woods Rd Monthly 12 $29.00 $348.00
21 Lake Forest Dr from Country
Glenn to Autumn Glenn Monthly 12 $57.00 $684.00
22 Ridge Route Dr from Gowdy
Ave to Muirlands Blvd Monthly 12 $2,556.00 $30,672.00
23 Ridge Route Dr from Muirlands
Blvd to AT&SF Railroad Monthly 12 $64.00 $768.00
24 Ridge Route Dr from Muirlands
Blvd to AT&SF Railroad Monthly 12 $162.00 $1,944.00
25 Ridge Route Dr from (northeast
side) Lake Forest I Clubhouse
to Overlake Dr Monthly 12 $256.00 $3,072.00
26 Ridge Route Dr from (northeast
side) Lake Forest I Clubhouse
to Overlake Dr Monthly 12 $228.00 $2,736.00
27 Ridge Route Dr from AT&SF
Railroad to Jeronimo Rd Monthly 12 $341.00 $4,092.00
28 Ridge Route Dr from Jeronimo
to Costa Bella Monthly 12 $298.00 $3,576.00
29 Trabuco Rd from Lake Forest
Dr to El Toro Rd Monthly 12 $600.00 $7,200.00
30 Trabuco Rd from 385 ft. north
to Manalastas Dr Monthly 12 $170.00 $2,040.00
Item: 7
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55136.00200\31919334.1
31 Between Toledo Way and
Toledo Ln Bake Pkwy to
Clubhouse II, Inside The Keys Monthly 12 $341.00 $4,092.00 32 Between Toledo Way and
Toledo Ln from Bake Pkwy to
Clubhouse II, Inside The Keys Monthly 12 $57.00 $684.00 33 Bake Pkwy (east side) from
Jeronimo Rd to Toledo Way Monthly 12 $1,095.00 $13,140.00 34 Ridge Route Dr from Rockfield
Dr to Elrond Monthly 12 $476.00 $5,712.00
35 El Toro Rd (both sides) from
Raton Rd northerly to 630 ft.
east of Railroad Overpass Monthly 12 $2,665.00 $31,980.00 36 El Toro Rd (south side) from
Aliso Park Dr to Trabuco Rd Monthly 12 $571.00 $6,852.00 37 El Toro Rd and Aliso Park Dr
northerly from Aliso Park Dr
800 ft. and the area between El
Toro Rd and bike trail Monthly 12 $286.00 $3,432.00
38 El Toro Rd (south side) from
Raintree Ln west on bike trail Monthly 12 $7,241.00 $86,892.00 39 El Toro Rd (south side) from
Raintree Ln west on bike trail Monthly 12 $381.00 $4,572.00 40 El Toro Rd (east side) from
Raintree Ln to 125 ft. west of
Desty Ln Monthly 12 $1,895.00 $22,740.00
41 El Toro Rd (east side) from
Raintree Ln to 125 ft. west of
Desty Ln Monthly 12 $314.00 $3,768.00
42 Serano Rd (east side) across
from Wagar Monthly 12 $639.00 $7,668.00
43 El Toro Rd (south side) 1,300
ft. east of Summerwood
easterly 400 ft. Monthly 12 $639.00 $7,668.00
44 El Toro Rd (south side) 1,300
ft. east of Summerwood
easterly 400 ft. Monthly 12 $1,999.00 $23,988.00
45 El Toro Rd (south side) from
Summerwood Way east to
Normandale Dr Monthly 12 $3,390.00 $40,680.00
Item: 7
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46 El Toro Rd (south side) from
Summerwood Way east to
Normandale Dr Monthly 12 $1,618.00 $19,416.00
47 El Toro Rd (south side) from
Normandale Dr and Glen
Meadows Dr Monthly 12 $1,384.00 $16,608.00
48 El Toro Rd (south side) from
Normandale Dr and Glen
Meadows Dr Monthly 12 $523.00 $6,276.00
49 El Toro Rd (south side) from
Glen Meadows Dr to Santa
Margarita Pkwy Monthly 12 $958.00 $11,496.00
50 El Toro Rd (south side) from
Glen Meadows Dr to Santa
Margarita Pkwy Monthly 12 $228.00 $2,736.00
51 Jeronimo Rd (west side) from
200 ft. north of Heidi Ave to
Bake Pkwy then west 760 ft. Monthly 12 $352.00 $4,224.00 52 Jeronimo Rd (east side) from
Bake Pkwy to Lake Forest Dr Monthly 12 $761.00 $9,132.00 53 Jeronimo Rd (east side) from
Lake Forest Dr to Anthony Dr Monthly 12 $95.00 $1,140.00 54 Jeronimo Rd (east side) from
Ridge Route to Rivendell Rd Monthly 12 $152.00 $1,824.00 55 Jeronimo Rd (east side) from
Cherry Ave to Aliso Creek Monthly 12 $38.00 $456.00
56 Lake Forest Dr (south side)
from Muirlands Blvd to
Overlake Dr Monthly 12 $1,827.00 $21,924.00
57 Lake Forest Dr (west side)
from AT&SF Railroad to
Jeronimo Rd Monthly 12 $800.00 $9,600.00
58 Lake Forest Dr (south side)
from Jeronimo Rd to Toledo
Way Monthly 12 $143.00 $1,716.00
59 Lake Forest Dr (north side)
from Shadyvale Ln to Serrano
Rd Monthly 12 $428.00 $5,136.00
60 Lake Forest Dr (south side)
from Toledo Way to Buffwood
Way Monthly 12 $761.00 $9,132.00
61 Lake Forest Dr (south side)
from Buffwood Way to Chinook Monthly 12 $1,428.00 $17,136.00 Item: 7
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62 Lake Forest Dr (south side)
from Chinook to 395 ft. east Monthly 12 $76.00 $912.00
63 Serrano Rd (west side) to
Shasta Lake Rd Monthly 12 $609.00 $7,308.00
64 Serrano Rd (east side) from
Lake Forest Dr to Mohawk Dr Monthly 12 $761.00 $9,132.00 65 Serrano Rd (east side) from
Shoshone Dr to Ridge Route
Dr Monthly 12 $162.00 $1,944.00
66 Serrano Rd (north side) from
Greenwood Ln to Silver Spur Monthly 12 $190.00 $2,280.00 67 Toledo Way from Clubhouse II
to 800 ft. north Monthly 12 $305.00 $3,660.00
68 Toledo Way (east side) from
Lake Forest Dr to Rimview Monthly 12 $438.00 $5,256.00
69 Toledo Way (west side) from
Elkwood east to end of block
wall then Elkwood west to 50 ft.
(within fenced area) Monthly 12 $647.00 $7,764.00
70 Toledo Way (east side) from
Timberland Way north to end
of block wall then Timberland
Way south to 400 ft. Monthly 12 $95.00 $1,140.00
71 Muirlands Blvd (east side) from
Lake Forest Dr to Murin Isle Ln Monthly 12 $1,808.00 $21,696.00 72 Muirlands Blvd (west side) from
Dylan Ave to Ridge Route Dr Monthly 12 $105.00 $1,260.00 73 Muirlands Blvd (east side) from
Lourmont Dr to Entrados Dr Monthly 12 $504.00 $6,048.00 74 Muirlands Blvd (east side) from
Entrados Dr to La Vaca St Monthly 12 $152.00 $1,824.00
75 Muirlands Blvd (east side) from
Entrados Dr to Cavanaugh Rd Monthly 12 $171.00 $2,052.00 76 Muirlands Blvd (west side) from
El Gato Way to El Toro Rd Monthly 12 $219.00 $2,628.00
77 Muirlands Blvd (west side) from
El Gato Way to El Toro Rd Monthly 12 $171.00 $2,052.00
78 Ridge Route Dr (south side)
from Rockfield Blvd to El Rond Monthly 12 $476.00 $5,712.00 79 Ridge Route Dr (south side)
from Coleford to Tunnel Monthly 12 $209.00 $2,508.00
Item: 7
162

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80 Ridge Route Dr (south side)
from Jeronimo to Costa Bella Monthly 12 $10.00 $120.00
81 Ridge Route Dr (north side)
from AT&SF Railroad to
Jeronimo Rd Monthly 12 $895.00 $10,740.00
82 Ridge Route Dr (south side)
from AT&SF Railroad to
Jeronimo Rd Monthly 12 $133.00 $1,596.00
83 Ridge Route Dr (north side)
from Serrano Rd to Shoshone
Dr Monthly 12 $95.00 $1,140.00
84 Ridge Route Dr (north side)
from Shoshone Dr to Trabuco
Rd Monthly 12 $76.00 $912.00
85 Ridge Route Dr (south side)
from Serrano Rd to Chaparral
St Monthly 12 $76.00 $912.00
86 Ridge Route Dr (south side)
from Chaparral Ln to Trabuco
Rd Monthly 12 $219.00 $2,628.00
87 Los Alisos (south side) from
Muirlands to AT&SF Railroad Monthly 12 $1,180.00 $14,160.00 88 Trabuco Rd (east side) from
northeast corner of Treeline Monthly 12 $476.00 $5,712.00 89 Trabuco Rd (west side) from
Ridge Route Dr to north end Monthly 12 $638.00 $7,656.00 90 Trabuco Rd (west side) from
Ridge Route Dr southerly
1,250 ft. Monthly 12 $419.00 $5,028.00
91 Route Lake Forest Dr (east
side), Old Trabuco Rd to
Trabuco Rd Monthly 12 $426.00 $5,112.00
92 Route Lake Forest Dr (east
side), Old Trabuco Rd to
Trabuco Rd Monthly 12 $952.00 $11,424.00
93 Trabuco Rd (east side) from
385 ft. north to 70 ft. south of
Manalastas Monthly 12 $95.00 $1,140.00
94 El Toro Rd (north side) from
Toledo Way to Serrano Rd Monthly 12 $532.00 $6,384.00
95 El Toro Rd (north side) from
Toledo Way to Serrano Rd Monthly 12 $247.00 $2,964.00
96 El Toro Rd (south side) from
Toledo Way to Serrano Rd Monthly 12 $152.00 $1,824.00
Item: 7
163

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97 El Toro Rd (south side) from
Toledo Way to Serrano Rd Monthly 12 $67.00 $804.00
98 Cherry Ave from Princeton
Way to Trabuco Rd Monthly 12 $341.00 $4,092.00
99 Cherry Ave from Princeton
Way to Trabuco Rd Monthly 12 $67.00 $804.00
100
Trabuco Rd (east side) from El
Toro Rd to apartment complex
entrance Monthly 12 $106.00 $1,272.00
101
El Toro Rd (south side) from
Trabuco to Serrano Monthly 12 $341.00 $4,092.00
102
El Toro Rd (south side) from
Trabuco to Serrano Monthly 12 $67.00 $804.00
103
Creekside Dr (both sides) from
El Toro Rd to Sunlight Creek Monthly 12 $171.00 $2,052.00 104
Ridge Route Dr (south side)
from Gowdy Ave to Rockfield
Blvd Monthly 12 $1,065.00 $12,780.00
105
Ridge Route Dr (north side)
from Rockfield Blvd to
Muirlands Blvd Monthly 12 $852.00 $10,224.00
106
Ridge Route Dr (south side)
from Jeronimo Rd to Costa
Bella Dr Monthly 12 $67.00 $804.00
107
Ridge Route Dr (north side)
from 75 ft. west of Costa Bella
Dr to 75 ft. east of Costa Bella
Dr Monthly 12 $86.00 $1,032.00
108
Chaparral Ln (east side) from
Lantern Ln to Chestnut Monthly 12 $10.00 $120.00
109
Lake Forest Dr (south side)
from Rockfield Blvd to Aspan
St Monthly 12 $143.00 $1,716.00
110
Lake Forest Dr (south side)
from Aspan St to Mountain
View apartments Monthly 12 $1,009.00 $12,108.00
111
Rockfield Blvd (east side) from
Lake Forest Dr to Boeing Ln Monthly 12 $143.00 $1,716.00 112
Rockfield Blvd (east side) from
Boeing Ln to Ridge Route Dr Monthly 12 $256.00 $3,072.00 113
Rockfield Blvd (east side) from
Ridge Route Dr to Gondor Dr Monthly 12 $405.00 $4,860.00 Item: 7
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55136.00200\31919334.1
114
Rockfield Blvd (east side) from
Gondor Dr to Duaea Dr Monthly 12 $447.00 $5,364.00
115
Rockfield Blvd (west side) from
Ridge Route Dr to White Dove
St Monthly 12 $1,129.00 $13,548.00
116
Rockfield Blvd (west side) from
White Dove St to 250 ft. south Monthly 12 $21.00 $252.00 117
Los Aliso Blvd (north side) from
Jeronimo Rd to 500 ft. easterly Monthly 12 $67.00 $804.00 118
Jeronimo Rd (east side) from
Laurelwood St to Los Alisos
Blvd Monthly 12 $67.00 $804.00
119
Jeronimo Rd (west side) from
Ridge Routh Dr to Tunnel Monthly 12 $447.00 $5,364.00
120
Jeronimo Rd (east side) from
Woodshadow Ln east to
Rollingwood Rd Monthly 12 $476.00 $5,712.00
121
Laurelwood St from north end
of block wall Monthly 12 $19.00 $228.00
122
El Toro Rd (south side) from
Destry to Normandale Monthly 12 $554.00 $6,648.00
123
El Toro Rd (south side) from
Destry to Normandale Monthly 12 $133.00 $1,596.00
124
Jeronimo Rd (west side) from
Lake Forest Dr to Eagle St Monthly 12 $219.00 $2,628.00 125
Toledo Way (west side) from
Lake Forest Dr to Eagle St Monthly 12 $190.00 $2,280.00 126
Serrano Rd (west side) from
Lake Forest Dr to Dayton Rd Monthly 12 $67.00 $804.00
127
Serrano Rd (east side) from
Mohawk Rd to Shoshone Dr Monthly 12 $95.00 $1,140.00
128
Serrano Rd (west side) from
School Boundry to Wagner St Monthly 12 $10.00 $120.00
129
Serrano Rd (west side) from
Wagner St to El Toro Rd Monthly 12 $19.00 $228.00
130
Cherry Ave (south side) from
Esrose Court to Mina Court Monthly 12 $95.00 $1,140.00
131
Cherry Ave (south side) from
Mina Court to 2nd Ave Monthly 12 $95.00 $1,140.00
Item: 7
165

55136.00200\31919334.1
132
Old Trabuco Rd (west side)
from Lake Forest Dr to end Monthly 12 $476.00 $5,712.00 133
Santa Margarita Pkwy from El
Toro Rd to City Limit Monthly 12 $4,949.00 $59,388.00
134
Santa Margarita Pkwy from El
Toro Rd to City Limit Monthly 12 $286.00 $3,432.00
135
El Toro Rd from Portola to east
End of City Monthly 12 $857.00 $10,284.00
136
Lake Forest Dr (north side)
from Toledo to Serrano Rd Monthly 12 $381.00 $4,572.00
137
Serrano Rd (east side) across
from Silver Spur Monthly 12 $10.00 $120.00
138
Trabuco Rd (east side) from
Cemetery to 1,000 ft. past
Rimview Monthly 12 $213.00 $2,556.00
139
The Arbors, El Toro from I-5 to
Muirlands Blvd Monthly 12 $234.00 $2,808.00
140
The Arbors, El Toro from I-5 to
Muirlands Blvd Monthly 12 $2,113.00 $25,356.00
141
Lake Forest Dr to Railroad
Grade Separation Monthly 12 $1,904.00 $22,848.00
142
Trabuco Rd from Lake Forest
Dr to Bake Pkwy Monthly 12 $800.00 $9,600.00
143
Trabuco Rd from Lake Forest
Dr to Bake Pkwy Monthly 12 $800.00 $9,600.00
144
Alton Pkwy from Towncenter
Dr to Dimension Monthly 12 $581.00 $6,972.00
145
Jeronimo Rd from El Toro to
Los Alisos Monthly 12 $685.00 $8,220.00
146
Rockfield from El Toro Rd to
Los Alisos Monthly 12 $581.00 $6,972.00
147
Rancho Pkwy from Lake Forest
Dr to Portola Pkwy Monthly 12 $581.00 $6,972.00
148 End of Ridge Route Monthly 12 $619.00 $7,428.00
149 Alton Parkway Medians Monthly 12 $638.00 $7,656.00
150
Muirlands/Los Alisos-Empty
Lot Monthly 12 $162.00 $1,944.00
151 Pedroso open space Monthly 12 $390.00 $4,680.00
152 Normandale open space Monthly 12 $219.00 $2,628.00
153
Saddleback Ranch Road
Medians Monthly 12 $181.00 $2,172.00
Item: 7
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154 Broken Bow open space Monthly 12 $780.00 $9,360.00
155 Whispering Hills Park Site Monthly 12 $171.00 $2,052.00 156
Portola Parkway Medians
(SR241-El Toro) Monthly 12 $314.00 $3,768.00
157 Mamie Thomas Parcel Monthly 2 $305.00 $610.00
158 Jeronimo Road Slope Monthly 12 $133.00 $1,596.00
159 Bake and South Pointe Dr. Monthly 12 $19.00 $228.00 160 Olivewood Elementary School Monthly 6 $1,033.00 $6,198.00 161
Twig Street Alley (Maintenance
Easement) Monthly 2 $158.00 $316.00
Schedule A - Annual Total $1,047,140.00
Schedule A - 3 Year Total $3,141,420.00

Schedule B – Tree and Plant Material Installed Costs
Item
Number Description Units Quantity Unit Cost Annual Total

Schedule B – Tree and Plant
Material Installed Costs
1 Fifteen (15) gallon tree with
stakes and ties Each 100 $92.00 $9,200.00
2 Twenty-four (24) inch box tree
with stakes and ties Each 20 $275.00 $5,500.00
3 Thirty-six (36) inch box tree
with stakes and ties Each 10 $332.00 $3,320.00
4 Annual Color Flats 100 $32.00 $3,200.00
5 Ground Cover Flats 1,000 $30.00 $30,000.00
6 One (1) Gallon Shrub Each 2,000 $10.00 $20,000.00
7 Five (5) Gallon Shrub Each 1,000 $30.00 $30,000.00
8 Fifteen (15) Gallon Shrub Each 400 $71.00 $28,400.00
9 Seeded Turf SF 50,000 $0.95 $47,500.00
10 Sodded Turf SF 2,000 $1.38 $2,760.00
11 Stolonized Turf SF 800 $1.00 $800.00
12 Tree Pruning Per Section

16.00 Each 200 $58.00 $11,600.00
13 Tree Removals Per Section

17.00 Each 100 $145.00 $14,500.00
14 Install Mulch (Recycled
Organic) Cu. Yds. 1,978 $30.00 $59,340.00
Item: 7
167

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Schedule B - Annual Total $266,120.00
Schedule B - 3 Year Total $798,360.00

Schedule C – Repair Costs
Item
Number Description Units Quantity Unit Cost Annual Total Schedule C - Repair Costs
1 Hunter 1-40 Pop Up 35 $53.00 $1,855.00
2 Hunter 1-25 Pop Up 125 $35.00 $4,375.00
3 Hiunter 1-20 Pop Up 175 $19.00 $3,325.00
4 Hunter 1-10 175 $0.00 $0.00
5 Hunter PGH 12" Pop Up 130 $16.00 $2,080.00
6 Hunter PGP ADJ Pop Up 325 $9.25 $3,006.25
7 Rain Bird 1804 SAM PRS W/ VAN
Nozzle 75 $6.25 $468.75
8 Rain Bird 1806 SAM PRS W/ VAN
Nozzle 75 $13.50 $1,012.50
9 Rain Bird 1812 SAM PRS W/ VAN
Nozzle 75 $16.50 $1,237.50
10 Rain Bird 1" RCV GB-Series 10 $0.00 $0.00
11 Rain Bird 1-1/2" RCV GB-Series 10 $0.00 $0.00
12 Rain Bird 2" RCV GB-Series 10 $0.00 $0.00
13 Superior 3" Non Pressure
Regulating Brass Valve 5 $835.00 $4,175.00
14 Rain Bird 3"- Quick Coupling
Valve 15 $47.00 $705.00
15 Rain Bird 1" 44-RC Quick
Coupling Valve 10 $90.00 $900.00
16 Plastic/ Retengular RCV Box W/
Lid 50 $36.00 $1,800.00
17 Plastic/ Round QCV Box W/ Lid 25 $26.00 $650.00
18 Rain Bird 1" Valve Replacement
Diaphragm 30 $30.00 $900.00
19 Rain Bird 1-1/2" Valve
Replacement Diaphragm 15 $44.00 $660.00
20 Rain Bird RCV Replacement
Solenoid 15 $35.00 $525.00
21 Rototill SF 7,500 $0.15 $1,125.00
22 Soil Test Each 30 $75.00 $2,250.00
Item: 7
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23 Mechanical Trenching LF 1,000 $1.25 $1,250.00
Schedule C - Annual Total $32,300.00
Schedule C - 3 Year Total $96,900.00

Schedule Annual Total 3- Year Total
Schedule A $1,047,140.00 $3,141,420.00
Schedule B $266,120.00 $798,360.00
Schedule C $32,300.00 $96,900.00
Annual Total – Schedules A-C $1,345,560.00
Total 3-Year Agreement $4,036,680.00

Schedule D – Labor Rates for Any Requested Extra Maintenance Work Extra Work is defined as any work that is not included in the monthly proposal cost as described in the proposal and Exhibit A Maintenance Scope of Work . Extra work can include, but is not limited to, certain types of irrigation repairs; certain types of cleaning, repair and replacement of fences, gates, locks, windscreens, hardscape , backflows, storm drain structures, and other equipment and/or material as necessary or as directed. Rare plants, non -standard plant sizes, or extraordinary circumstances as determined by the City shall be considered extra work.

Description Normal Business
Hours Rate
Emergency Response/
After Hours Rate
Landscape Maintenance Supervisor $68.00 $136.00
Landscape Foreman $45.00 $90.00
Irrigation Specialist $54.00 $108.00
Landscape Maintenance Laborer $38.00 $76.00
Certified Arborist $275.00 $462.00
QAC $60.00 $120.00

Item: 7
169

55136.00200\31919334.1 Exhibit “D”-1-

EXHIBIT “D”

INSURANCE REQUIREMENTS

1.1 Insurance.

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.

Item: 7
170

55136.00200\31919334.1 Exhibit “D”-2-

1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approv ed 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 subrogat ion 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. Contrac tor 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.

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55136.00200\31919334.1 Exhibit “D”-3-

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.

1.1.11 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 Cont ractor 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 rel ating to this 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 Item: 7
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55136.00200\31919334.1 Exhibit “D”-4-

received satisfactory evidence of s ubcontractor’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.

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Attachment 2
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Contact #1: Contact #2: Contact #3:

Agency: Laguna Hills Mission Viejo Orange
Contact Info: Ryan Hanley Jerry Hill Robert Ambriz
(949) 707-2652 (949) 470-3095 ( 714) 744-7283

QUESTIONS RESPONSE RESPONSE RESPONSE

1. What were the services
performed?
Landscape Maintenance -
Parks/MPS/Sports Parks
Landscape Maintenance:

Passive Parks, Sports
Parks, Slopes, Median,
Parkways
Landscape Parks,
Medians & Parkways

2. How would you rate the quality
of work? Very good. Very good. Very good.

3. Did the firm meet all
deadlines? (Yes/No) Yes Yes Yes

4. Was day-to-day
communication with the firm
satisfactory? (Yes/No)
Yes Yes Yes

5. Were there any issues with
the firm? (Yes/No) (No, please
explain.)
No
No. The firm performs well
and is very responsive. No

6. Do you have any additional
comments or information
regarding your experience with
the firm?
No Additional Comments
Ni
eves Landscape, Inc.
continues to perform well
meeting contract
expectations.

No A
dditional
Comments
DATE: 5/17/2023

CITY OF LAKE FOREST

DEPARTMENT OF PUBLIC WORKS
Medians, Parkway, and Slopes Landscape Maintenance Services

NIEVES LANDSCAPING REFERENCE CHECK
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/6/2023
DEPARTMENT: Public Works
SUBJECT:

AWARD OF CONTRACT FOR PASSIVE PARK LANDSCAPE AND RESTROOM

MAINTENANCE SERVICES
RECOMMENDED ACTION(S):

1. Award an Agreement for Maintenance Services of $3,365,770.80 to Nieves Landscaping, Inc., of Santa Ana, California, for Passive Park Landscape and Restroom Maintenance Services.

2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to Nieves Landscaping, Inc., of Santa Ana, California, substantially in the form attached.

EXECUTIVE SUMMARY:

The current contract with Nieves Landscaping (“Nieves”), for passive park maintenance services, expires on June 30, 2023. Therefore, the City Manager authorized staff to issue a Request for Proposals (“RFP”) for passive park and restroom maintenance services. The procurement process is a qualification- based selection process based on a contractor’s experience, understanding of the scope of services, proposed personnel, completion of similar project in a timely manner, and their ability to provide optimal services at an acceptable cost.

After a competitive process outlined in the City’s Purchasing Guidelines, staff identified the most qualified contractor to provide passive park and restroom maintenance services. Staff determined Nieves to be the best qualified and the most cost-effective vendor. Staff recommends the City Council award the attached Agreement for Maintenance Services to Nieves Landscaping, Inc. for passive park and restroom maintenance services (“Agreement”) (Attachment 1).

The term for this Agreement would be for three years with two one-year options to extend at the discretion of the City Council. The proposed Agreement would begin July 1, 2023. The Agreement includes a compensation amount of $3,365,770.80. Sufficient funds to cover the costs of the Agreement will be proposed in the 2023-2025 Operating Budget.

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BACKGROUND:

The City has an established program for the maintenance of its 22 passive parks.

Passive parks are generally neighborhood or community parks without sports fields. The work performed under the park maintenance contract includes regularly scheduled landscape maintenance, such as weekly turf mowing, managing the City’s irrigation system, landscape repairs, hardscape and site amenities repair and replacement, graffiti removal, emergency responses, aerating, dethatching, over-seeding all turf grass, tree management, and providing pest and rodent control.

The proposed Agreement includes several material changes from the current contract established in 2015. It includes a reduction in required maintenance staff, the purchase and installation of wood chips at playgrounds for safety and ADA compliance, park restroom and janitorial services, reduced quantities of tree removals, and the purchase of organic mulch to comply with SB 1383 requirements. The current contract for passive park maintenance services is set to expire on June 30, 2023.

DISCUSSION:

On January 31, 2023, the City Manager approved the RFP for Passive Park Landscape and Restroom Maintenance Services and authorized staff to solicit proposals on PlanetBids. The City subsequently received proposals from nine firms shown below:
•Brightview Landscape
•Four Seasons
•Greentech
•Landscape West
•Mariposa
•Merchants
•Nieves
•Parkwood
•Real Green
Consistent with the City’s Purchasing Guidelines, staff assembled a selection committee approved by the City Manager to review proposals and participate in the interview phase of the selection process. The selection committee was comprised of the following:
•Director of Public Works
•Public Works Maintenance Manager
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•Senior Landscape Administrator
•Landscape Administrator
•Assistant to the City Manager
Technical Review and Interview Process
The review process has three phases: the Technical Review of written proposals, the Qualifications Interview phase, and the cost proposal evaluation. The Purchasing Guidelines require the Selection Committee to review all proposals submitted in response to the RFP. As summarized in Table 1, staff reviewed 9 proposals and seven firms met the technical criteria and were invited to the interview process.

Table 1: Summary of Technical Review and Qualifications Interview Technical Review Qualifications Interview
Rater Rater Pricing
Firm 1 2 3 4 5
Sub-

Total 1 2 3 4 5
Sub-

Total
Points
x 5 Total
Nieves 92 80 72 92 76 412 135 128 128 136 137 664 200 864 Landscape
West 79 79 75 76 71 380 128 121 126 128 124 627 185 817 Merchants 91 75 73 85 77 401 135 128 97 114 116 590 200 790 Mariposa 75 80 77 78 62 372 128 128 112 125 128 621 120 741 Brightview 88 79 74 74 69 384 124 126 102 99 115 566 150 716 Real Green 72 64 55 51 64 306 124 119 99 102 90 534 140 674 Parkwood 81 79 70 58 64 352 117 117 108 66 82 490 175 665 Greentech 61 62 43 47 53 266 No Interview 266 0 266
Four
Seasons 65 62 58 46 50 281 No Interview 281 0 281
During the qualifications interview, Nieves demonstrated its experience, knowledge, and dedication to the landscape services provided at the City’s passive parks. Nieves scored higher than the other firms and was willing to negotiate their original costs to be competitive with the lowest submitted cost proposal. Compared to the other proposers, Nieves was better able to articulate their knowledge of City landscape maintenance services and demonstrate their Item: 8
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passion of providing high quality professional services through their family-owned business.

Cost Proposals
Compensation scoring is based on the Contractors cost proposal which is made up of a monthly landscape and janitorial rate for each park, annual quantities of wood fiber playground chips, and as-needed irrigation repairs and plant material.

At the conclusion of the interview process, all firms had the opportunity to submit a last, best, and final cost proposal. Table 2 below describes the final cost proposal amounts submitted by each firm that qualified to receive an interview.

Table 2: Original Cost Proposals
Firm 3-Year Cost Proposal
Merchants $3,379,473.00
Nieves $3,411,982.50
Landscape West $3,589,701.00
Mariposa $5,670,150.21
Brightview $4,444,938.30
Real Green $4,795,624.20
Parkwood $3,904,419.00
After the analysis of the proposals and costs, staff determined that Nieves was the most qualified proposer for passive park landscape maintenance services.

Nieves originally had the second lowest cost proposal; however, after negotiations, Nieves lowered their cost for services to $3,365,770.80 which is the lowest cost proposal received. The annual compensation amount for the proposed Agreement with Nieves is $1,121,923.60. This annual compensation amount represents a contract cost that is $106,815.66 higher than the current agreement. This represents an approximate 11% increase from the current agreement which was entered into in 2015 and received one rate increase based upon the 12-month Consumer Price Index increase in 2020. The key factors associated with the increase are related to overall inflation, labor costs, fuel costs, environmental regulations, and new State mandated battery powered equipment requirements. The costs for the proposed three-year Agreement remain unchanged for the first three years of the agreement and will not be affected by cost-of-living adjustments. Table 3 below describes the final cost and point score demonstrating Nieves as best qualified with the lowest cost proposal for park landscape and restroom maintenance services.

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Table 3: Final Cost Proposals and Point Scores
Firm Final 3-Year Cost Proposal Final Point Score
Nieves Landscape $3,365,770.80 864
Merchants $3,379,473.00 790
In addition to the City of Lake Forest, Nieves is currently providing services for the Cities of Laguna Hills, Mission Viejo, Orange, and Temecula. Nieves currently provides landscape services for the City’s passive parks and the medians, parkways, and slopes (“MPS”). The staff of agencies contacted as part of the Nieves reference check stated the quality of the company’s work has been very good (Attachment 2).

The Finance Department prepared the proposed Agreement with Nieves, which the City Attorney reviewed and approved as to form. The proposed Agreement would be for the traditional three-year initial term with two one-year extensions based on performance and at the City Council’s discretion for a not-to-exceed compensation amount of $3,365,770.80. Per the City’s purchasing guidelines, the City Manager may approve additional work not-to-exceed 10% of the original contract amount.

FISCAL IMPACT:

The proposed Maintenance Services Agreement with Nieves includes $3,365,770.80 in total compensation. The Agreement includes a three-year term ending June 30, 2026, with two optional one-year extensions. Sufficient funds to cover the costs of the Agreement will be proposed in the 2023-2025 Operating Budget.

ATTACHMENTS:

1. Agreement for Maintenance Services with Nieves Landscape Inc.

Attachment 1
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CITY OF LAKE FOREST

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] , by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, located at 100 Civic Center Drive, 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.

2.2 Project.

City desires to engage Contractor to render such services for the Passive Parks 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 exhi bits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Additionally, Contractor shall comply with Special Provisions to the Maintenance Agreement applicable to the Services as set forth in Exhibit “A-I.”

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3.2 Responsibilities of Contractor.

Contractor retains the right to perform similar or different services for others during the ter m 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 wit h 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 Wheeler, P.E.

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As provided for in the indemnification provisions of this Agreement, Co ntractor 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 cos ts 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 an y 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 perf ormed. 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) a dequate facilities for the proper inspection and maintenance of all safety measures.

3.2.10 .Labor

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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, 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. T his 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 dir ectly to the DIR . Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

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 wit h such Labor Code sections to the fullest extent required by law.

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 -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 Contracto r until it has been received and approved by the City.

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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 furt her 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 d uring 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, Ordinance s 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 Serv ices 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.

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
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A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/296/Local-Implementation-Plan-LIP

3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experien ce 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, Con tractor 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 co mply with the law s, 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, includi ng 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 THREE MILLION THREE HUNDRED SIXTY-FIVE THOUSAND SEVEN HUNDRED SEVENTY DOLLARS AND EIGHTY CENTS ($3,365,770.80) without written approval of City’s City Manager or 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.

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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 p roper 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.

3.4 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 A greement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

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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 o ther address as the respective parties may provide in writing for this purpose:

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.

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 DocuSign Envelope ID: B03447F8-7EFD-4EFF-B2FE-D3A67C54CD4D Item: 8
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not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

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 witho ut 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.

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3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discrimi nate 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 certifi es 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 self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

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CITY OF LAKE FOREST NIEVES LANDSCAPE, INC.

By:

[AUTHORIZED CITY SIGNATURE]

By:

[VENDOR SIGNATURE 1]
Doug Cirbo
Mayor
Greg Nieves
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:

By:

[VENDOR SIGNATURE 2]
Greg Nieves
Secretary
By:

[CITY CLERK SIGNATURE]

Lisa Berglund
City Clerk

APPROVED AS TO FORM:

By:

[CITY ATTORNEY SIGNATURE]

Best Best & Krieger LLP
City Attorney

[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]

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55136.00200\31919334.1 Exhibit “A”-1

EXHIBIT “A”

SCOPE OF MAINTENANCE SERVICES

CITY OF LAKE FOREST
PASSIVE PARKS (21)

LANDSCAPE & PARK MAINTENANCE SERVICES

SCOPE OF SERVICES

DEFINITIONS

Whenever the following terms are used in this agreement, they shall have the following meaning:

A. "BID ITEM" - Individual items of work in the Contractor's proposal at an agreed Unit Price for the specified Item of Work.

B. "CITY" - The City of Lake Forest.

C. "CITY MANAGER" - The fully appointed City Manager of the City or his authorized representative.

D. "CONTRACTOR" - The managing individual of the contracting entity or his authorized employees or representatives.

E. "PUBLIC WORKS DIRECTOR"- The official designated as the Public Works Director of City, or any of his authorized representatives.

F. "PUBLIC WORKS MANAGER" - The Public Works Director's designee for bidding, awarding and administering the Contractor's work under this agreement, or any of his authorized representatives.

G. "REPAIRS"- Work required to maintain the serviceability of all park facilities specified under this agreement that are outside the scope of the scheduled Preventative Maintenance. Repair work must be authorized by the Public Works Manager prior to the Contractor performance. After hour's repair is, work outside of normal business hours as indicated in the Contractor's Proposed Cost of Services Chart and shall be compensated at the proposed Bid Item Rate for Cost of labor for demolition, installation, maintenance, and repairs.

1. STANDARDS OF WORK AND CONTRACTOR

RESPONSIBILITY

1.01 The Contractor shall possess and maintain a C -27 General Landscape license, C -61 and D -12 Synthetic Products
(desirable) Contractor by the State of California Contractors Licensing Board through the term of the Contract. The Contractor shall perform the work described herein, in a Item: 8
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55136.00200\31919334.1 Exhibit “A”-2

thorough and professional manner, so that the City of Lake Forest is provided with reliable and high quality landscape maintenance at all times.

1.02 The Contractor shall furnish, at Contractor's own expense, all labor, tools, equipment, and materials necessary, unless specifically excluded herein, to perform, Removal, Installation, Maintenance and Repair work and Emergency, Holiday and
"After Hours" work at the Bid Item price. Cost of parts shall be paid at the Contractor's invoice cost for parts and the percentage of markup indicated in this proposal. The Contractor shall attach all receipts to said invoices for review prior to payment. In the absences of a receipt, the invoice will not be paid.

1.03 The Contractor's forces shall leave work areas free of all dirt, litter, or other materials utilized to perform landscape maintenance.

The Contractor shall erect barricades, warning signs, and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas.

1.04 Landscape Maintenance shall be performed in accordance with all accepted standards for landscape installation, removal, maintenance, and repair work to the satisfaction of the City. Contractor shall immediately respond when notified by City to correct unsatisfactory work at no additional charge.

1.05 The Contractor shall maintain individual installation, removal, repair and maintenance logs for both routine and emergency work listing all work performed under this agreement, referred to hereinafter as "repair and maintenance logs" or "logs" for short. These repair and maintenance logs shall be emailed to Public Works Manager or designee and kept in a designated area on each site. Logs shall indicate the date of service, time of service, service performed, the superintendent and the crew performing the work and any other information that may affect current or future maintenance of the City facilit ies. The Contractor shall report these locations, by address, to City's Public Works Manager, or designee, within 24
hours. (Deductions may be made from the Contractor's
payments if maintenance and repair tasks are not reported to City within the time allowed.)

1.06 The Contractor shall, during the term of this Contract, respond to all emergency phone calls to the satisfaction of the Public Works Manager, within one (1) hour of notification. Failure to comply with this requirement may result in a reduction in payment to the Contractor as determined appropriate by the Public Works Manager.

1.07 Contractor shall, during the term of this Contract, respond to requests for repairs, or emergency repairs as required, twenty-four (24) hours per day, seven (7) days per week, including holidays, by dispatching required staff to the site within two hours of notification.

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1.08 The City shall provide access to all areas to be serviced by the Contractor.

The Contractor shall not be held responsible for damage, should access be denied or not provided by the City.

1.09 The City reserves the right to procure landscape maintenance services from other vendors, as the City deems appropriate.

1.10 Failure to meet the requirements under this Contract may result in a deduction of pay.

2.00 SCOPE OF MAINTENANCE SERVICES

2.01 The service areas, hours of operation, frequencies of service and equipment under the provisions of this Contract include furnishing all labor and equipment necessary to maintain grass areas, restrooms, and general park maintenance at the Passive Parks. Duties include, but are not limited to, trash collection, emptying recycle containers, cleaning of city property, maintaining and repairing irrigation systems, maintenance of drainage facilities, providing weed abatement and pest control, power washing play equipment, removing graffiti, applying paint, lacquers, water proofing, anti- graffiti coating, cleaning/repairing/painting park appurtenances (I.E. picnic tables, barbeques, trash enclosures, exercise/playground equipment, gazebos, restroom facilities, shade structures, doggy bag containers and supplies at Barker Ranch Dog Park), restroom cleaning, all restroom supplies, and other park appurtenances and facilities. Contractor may be required to participate in a City work order/asset collection software system to be procured by City sometime during contract term. Contractor will provide necessary electrical equipment such as IPAD or laptop in order to utilize software system.

2.01.1 GENERAL/DAILY MAINTENANCE

General/Daily Maintenance should be inclusive of 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 and debris.

2. The daily emptying of recycle and trash containers
before noon into proper recycling bins.

3. The daily removal of any dead plant material or debris.

4. The daily removal of fallen or damaged plant material such as hanging or fallen tree limbs, leaves, branches, and tree bark.

5. Weed removal on daily basis and weed spraying
at appropriate intervals, specified in the annual
schedule
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6. 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 daily and landfill diversion
reports submitted to the City on a monthly basis. (These reports to include quantity and type of disposed material, name/location of facility used for disposal).

7. Inspect playground equipment daily and pressure wash all equipment on weekly basis.

8. Submit daily forms, reports, and photos of any damage identified and completed to Public Works Manager or representative.

9. Clean, rake and level playground wood chips daily, rototill wood chips quarterly.

10. Daily removal of graffiti and notification to City of graffiti that requires graffiti removal contractor.

11. Daily removal of leaf litter or other debris from sports courts and monthly pressure wash of all sports courts.

12. Sidewalk and all hard surfaces, including sport courts, need to be cleaned/blown daily.

13. Daily refilling of doggie bag dispensers before noon at Barker Ranch Dog Park.

14. Daily removal of spider webs, bird droppings, tape, and other foreign material from benches, tables, light fixtures, drinking fountains, gazebos, park buildings, exercise equipment, playground equipment and shade structures.

15. 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 screws, replacing missing hardware, unclogging drinking fountains and drains, and other minor work as determined by the City. Major repairs and full/major repainting will be considered extra work and will require Contractor to submit a cost proposal to the City for approval.

16. 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.

Specialty Areas

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All play and sports equipment shall be inspected for vandalism, safety hazards and serviceability daily. All deficiencies shall be reported in writing immediately to the Public Works Manager or representative. Play and exercise equipment shall be pressure washed on a weekly basis and sports courts on a monthly basis or as directed by the Public Works Manager or representative.

SAND COURT AREAS –

A. These areas shall include tot lots, play areas, volleyball courts, basketball courts, playground and exercise equipment, etc.

B. All areas shall be maintained weed free on a daily
basis.

C. Quarterly, 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 to maintain optimum level in each area, generally six (6) inches below the top of the concrete curbing but dependent upon play equipment footing and final level shall be determined by the Public Works Manager 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 Public Works Manager, or representative, will make final determination. A maximum of 11” below slides and access platforms shall be kept to comply with the Consumer Product Safety Guidelines and National Playground Safety Institute (NPSI) for Playgrounds. Equipment footings and final level shall follow NPSI requirements and approved by the Public Works Manager.

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 blown or swept daily, as required.

If at anytime, due to inclement weather or other causes, the sand court areas become flooded and there is standing water, it will be the Contractor’s responsibility to remove water immediately.

All sand areas are required to be inspected daily for metal and glass objects (razor blades, nails, broken glass, etc.)

Engineered Wood Fiber/ Playground Chips

A. Rototill all Engineered Wood Fiber areas quarterly or when instructed by the Public Works Manager or representative. Wood fiber shall be replenished by contractors as necessary to maintain optimum levels as required by NPSI requirements without any additional compensation. Replacement wood fiber must be weed- Item: 8
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55136.00200\31919334.1 Exhibit “A”-6

free and certified for playground use as approved by the Public Works Manager, or representative.

B. All wood fiber/playground chip areas shall be raked, cleaned and leveled on a daily basis.

C. All wood fiber/playground chip areas should be kept weed free on a daily basis.

D. All areas should 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/playground chip areas become flooded and there is standing water, it will be the contractor's responsibility to remove water immediately.

F. No foreign debris (example sand, soil, trash, debris, etc.) should be allowed to mix with engineered wood fiber/playground chips surfacing.

G. Engineer wood fiber areas are required to be inspected daily for metal and glass objects (razor blades, nails, broken glass, etc.)

H. Contractor will be required to refill wood fiber chips as requested by Public Works Manager.

Rubberized / Synthetic Turf 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

A. All areas shall have stains removed and areas brushed or groomed to maintain appropriate appearance

D. All areas shall be cleaned and maintained daily. Method of cleaning to be approved by the Public Works Manager, or representative. IE: water, broom, gas blower, pressure washer etc. Any damage to rubber playground surfaces must be
reported to the Public Works Manager, or representative, immediately. Contractor may be required to repair the damaged area and shall receive additional compensation as determined by the City.

Hard Surface Areas

A. These areas shall include, but not limited to, concrete sidewalks, softball courts, basketball courts, A.C. walkways, decomposed granite walkways/areas, exercise equipment, etc.

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B. All areas shall be blown or swept weekly to remove all deposits of dirt, debris, gum, glass, silt and/or sand.

Hazardous materials and substances will be removed
immediately.

C. All areas shall be inspected weekly and maintained in a neat, clean, and safe condition at all times.

D. All spills and gum shall be removed weekly.

E. Cracks and crevices shall be kept free of weeds at all times. Contractor will report all sidewalk trip hazards to the City and may be required to identify, in
fluorescent orange paint or orange cone, hazards as
requested by the City.

F. Once a week all areas, as designated by the Public
Works Manager, or representative, shall be
thoroughly cleaned by pressure washed or other
maintenance practices as needed.

G. Special emphasis shall be placed on chemical edging along all trails to prevent damage by vegetation. All such
damage shall be repaired at the Contractor's expense.

H. Walkways composed of decomposed granite (DG) shall be raked and leveled weekly and kept 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.

Failure to comply with the scope of work for General/Daily Maintenance shall be $400 per incident per day.

2.01.2 GENERAL FACILITY OPERATIONS

A. All drinking fountains shall be kept clean and operational at all times.

B. Labor for minor repairs, including, but not limited to, unclogging fountains/drains, replacing damaged or broken parts, shall be included in the bid price for these
services. Required parts plus authorized percentage mark- up to be paid by City.

C. All repairs shall be completed within twenty-four (24) hours after damage is reported or noticed.

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D. All drinking fountains, and water features shall be inspected daily. Every instance of damage shall be reported to the Public Works Manager, or representative, in writing and photos as necessary. A log of inspections and repairs shall be maintained and submitted to the City upon request.

E. If replacement of drinking fountains is required, a cost proposal shall be submitted for approval before replacement work is performed. Should damage be repetitive, the Public Works Manager or representative will evaluate replacement. The Contractor may be directed to furnish and install new equipment and the Contractor shall submit a cost proposal to the City for approval.

F. The City reserves the right to procure replacement and installation of drinking fountains from other contractors.

G. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required or as directed. All light fixtures, tables and benches will be cleaned weekly or as directed by the City.

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 two times per week by noon or more often as determined by City.

J. All security and sports area lighting shall be inspected weekly, and damaged or malfunctioning equipment shall be reported to the Public Works Manager, or representative. The Contractor may be directed to furnish and install new lighting equipment and shall receive additional compensation as determined by the City.

K. 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. At no time will the 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).

L. All water quality BMP's must be followed when working near storm drain facilities.

M. Contractor shall clean all catch basins and strainers at all passive park grounds weekly or as directed.

Item: 8
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N. All light fixtures, tables and benches will be cleaned weekly or as needed r directed.

Failure to comply with the scope of work for General
Facility Operations shall be $400 per incident per day.

2.01.3 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.

1. All weeds shall be removed upon sight, on a daily basis.

Planters, all mitigation areas, non- concrete walkways, i.e.:
decomposed granite, natural soil and asphalt, sidewalk expansion joints, planting beds, shall be kept free of grass and weeds at all times.

2. Natural turf grass and synthetic turf areas shall be maintained in a weed free manner at all times. Chemical control is a maintenance tool and the cost will not be reimbursed as extra work by the City.

• Common reed (Arundo Donax) will be
100% controlled due to its fast growth and
invasiveness.

3. As scheduled and when requested by the Public Works
Manager, or representative, the Contractor shall spray weeds with herbicide for weed control at no additional cost to the City.

Weed control is the responsibility of the Contractor. Any pre- emergent or post-emergent herbicide used will be considered a management tool and the cost will not be reimbursed by the City. Contractor shall provide City with alternatives and costs that do not contain glyphosate. Any change from using
glyphosate will be negotiated during the term of the agreement.

4. Monthly, the Contractor shall complete and furnish electronic 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. This in addition to the Notice of Intent for each time that any chemical application will be done within the City limits.

5. The Contractor shall submit a spraying schedule to the Public Works Manager, or representative, before start of any work. The Contractor will also submit a recommendation by a licensed pest control advisor naming the herbicide proposed for use, where and how it is to be applied, including acreage, and a copy of the product label and any applicable S.D.S. (safety data sheets) Item: 8
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information. Any changes to the schedule and the type of product will need to be authorized by City prior to application.

6. In January each year, contractor is required to submit all pertaining documentation to the City related to pesticide the application program.

7. 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.

8. Weed Control of Paved Surfaces: Contractor shall be responsible for controlling, by mechanical (above 1”) or chemical (below 1”) means, weeds growing in cracks, or expansion joints, and areas contiguous or within City Public Landscape. No dyes shall be used when applying liquid weed control to paved surfaces.

9. Weed Control of Landscaped Areas:

A. A regular program of chemical application shall be used to prevent or control weed growth, supplemented by hand
removal of noxious weeds or grasses as necessary. Weeds allowed to grow taller than one inch in planter areas will be removed by mechanical means and not sprayed. Any "non-
target" or "desirable" plant material un-intentionally sprayed or removed during manual weeding shall be replaced at
contractor's expense.

1) A selective/systemic herbicide shall be employed to control broadleaf and all other 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 and goose grass control shall
be applied to all turf areas.

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b) As needed a broad spectrum fungicide
shall be applied at the manufacturer's
recommended coverage rate.

3) All planter and landscape areas are to be
weed free at all times. If weeds are
found, a deduction may be imposed.

B. All restricted chemicals to be used to control weeds shall be approved by the Public Works Manager, or representative, prior to use. A written recommendation of the proposed restricted chemicals to be 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, or representative, 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 the Public Works
Manager's, or representative’s, written 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

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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 or
Certificate 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 2
years. The Public Works Manager, or representative,
shall have access to those files as required. After this period, they shall be retained in accordance with
Orange County Department of Agriculture
Regulations. Copies of all documentation to be
supplied to the City.

3) Contractor shall calibrate all chemical application equipment prior to each use to ensure 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 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 Public Works Manager, or representative, in
such a manner to limit drift to twelve (12) inches. All precautionary measures necessary shall be employed
to ensure public safety since all areas will be open to public access during application. Contractor shall be
responsible for posting proper chemical signage and
notifications in all treated areas.

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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.

C. Non-restricted chemicals shall be used whenever possible to perform weed control in turf and landscape areas.

D. 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 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. No chemicals shall be
applied within the drip line of any ornamental shrub or trees.

4) 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.

5) Contractor shall be responsible for posting proper
chemical signage and notifications in all areas being
treated.

Failure to comply with the scope of work for Weed Control shall be $400 per incident per day.

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2.01.4 GENERAL TURF GRASS MAINTENANCE
Mowing

1. General Turf Grass Maintenance should be inclusive of the following tasks:

2. All general turf areas shall be mowed between one time per week, or as directed by the Public Works Manager, or representative. Failure to provide a weekly mowing shall result in a performance deduction. 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. If more than 1/3 of the blade height is required to be mowed, then the contractor will be responsible for any extra mowing at no extra cost to the City.

3. Work shall be performed on the same day each week. Exact dates shall be set on an annual calendar to provide 52 mows per year. Initial annual/weekly schedule must be submitted and any changes must be approved by the Public Works Manager, or representative, prior to implementation.

4. 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 Public Works Manager, or representative, may change/amend annual schedule.

5. Cutting heights shall be adjusted to the
type of grass in accordance with the
following:

Rye Bluegrass Mix and Fescue
(June through September) 3 inches
September thorough May) 2 inches

St. Augustine/Kikuyu
(Year Round) 2inches

Bermuda/Bluegrass/Rye Mix
(Spring)(Summer)(Fall) 1 inch

6. All warm season grasses, including Bermuda, Kikuyu and St.

Augustine, shall be mowed with a sharp power-driven 7-blade reel type mower. Bluegrass and Fescue may be mowed with either sharp power-driven reel type or rotary type mowers. All equipment shall be sharp and 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.

7. When conducting "rotary type" mowing activities a mulching deck and mulching blade rotary mower shall be utilized. Contractor shall take special care to completely mulch all grass clippings so as not to leave Item: 8
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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.

8. All trash, landscape litter 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 each mowing cycle.

9. All portable obstructions, such as picnic tables and trash containers shall be moved in order to mow all portions of turf.

10. 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.

11. 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 field 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 representative, before any weekend watering occurs.

12. 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.

13. All mowing equipment shall be cleaned and mowing decks washed between each location to prevent turf contamination from site to site.

Renovation. Aeration. and dethatching:

1. All regular turf areas shall be aerated twice per year or as directed to reduce compaction/ stress conditions, which will offer greater water penetration and reduce runoff. In those areas, when soil condition is poor, top-dress may be required by the Public Works Manager, or representative. All designated sports field turf shall be aerated on a monthly basis to reduce compaction and stress.

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 Item: 8
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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 1st and December 1st, or as directed by the Publi c Works Manager, or representative.

a) Gradually lower the mowing height by ½”
each week until a 1/2” turf height is
obtained. Dethatching shall be
accomplished by use of "vertical cut type"
dethatch machine. The vertical cutting
machine shall be set at a depth to
penetrate ¼” below thatch layer into the
soil surface.

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 perennial grass seed to restore thinning areas or re-sod as directed. Contractor shall re-sod 25,000 square feet of turf grass area on an annual basis per contract. The City shall determine the locations and quantities for re-sodding efforts. The cost for the annual re-sodding effort shall be included in the various cost proposal bid items for turf maintenance and no additional compensation will be allowed.

Winter Over seeding 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 per ennial rye grass at the Item: 8
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rate of 10 lbs. per 1000 square feet or as approved by the Public Works Manager, or representative.

2. Parks have various types of grass (i.e.: Bermuda Grass, Kikuyu Grass, Fescue Grass, Hybrid Blue Grass, etc.). and will be over seeded at the direction of the landscape maintenance inspector using seed per their direction.

3. Fertilize all grass areas to be over seeded. Broadcast 10-10-10 fertilizer at the rate of 8 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. 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.

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, or representative.

10. When the perennial rye grass approaches a height of 2", the first mowing will be done. The grass clippings will be checked for root pulling on the first pass or two. If this happens, the Contractor will readjust his/her mowers and check the
blades for sharpness. Contractor may use rotary mowers
on over seeded turf

11. The perennial rye grass over seeding will be completely established by November 30
th.

12. After first mowing, and subsequently thereafter, fertilize with 1 lb.

Item: 8
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N/1000 SF through the winter fertilization period.

Reseeding

1. All bare, worn, or sparse areas in the turf shall be reseeded to reestablish turf to an acceptable condition annually or as required to maintain adequate appearance, as determined by the Public Works Manager, or representative.

2. 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 lb. 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 representative.

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
representative.

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/top dress all seed on bare or worn areas and firm the soil
with a water ballast roller either empty or partially filled depending upon soil conditions. Seed shall be lightly
covered with top dress material to prevent erosion and
reduce evaporation of soil moisture.

3. If the reseeding operation is determined by City to be Extra Work, the Contractor shall submit a written cost proposal and obtain all authorizations in accordance with the Extra Work provisions of this contract.

Item: 8
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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.

2. Mechanical methods shall be used except where physically impossible, impractical, or around trees. Turf growth around all trees shall be controlled by applying mulch not to exceed 3 feet from the trunk. String trimmers will not be permitted around tree trunks. All edging is to be completed with a fixed blade edger.

3. Chemical application shall also be used on areas such as along decomposed granite, asphalt trails/paths, fence lines, etc., but not on the field areas. Do not use around sprinkler heads, around sport/exercise equipment valve boxes, electrical boxes or along sidewalks. Contractor is responsible for any and all chemical translocation and damage caused to non-target plant material. The contractor will replace any plant material that is damaged or killed as a result of his application of chemical treatments.

4. Prior to application of chemicals, all areas shall be trimmed to the proper mow heights.

5. Contractor shall use only non-restricted chemicals to perform chemical edging. Chemicals shall be recommended by a licensed Pest Control Advisor and 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. Notice of Intent form shall be provided by City.

No work shall begin until written approval is obtained from the Public Works Manager, or representative.

6. 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 , submit to City and retained in an active file for a minimum of two (2) years. After this period, records shall be retained in accordance with Orange County Department of Agriculture regulations.

7. Chemical edging shall be restricted to a four inch wide strip around buildings, asphalt trails/paths, and other projections. Only use mechanical edging or borders, around tree trunks, turf areas, and sports/exercise equipment and fence lines.

8. Chemical edging shall be performed a minimum of once every 60 days.

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9. 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 General Turf Grass Maintenance shall be $400 per incident per day.

2.01.5 LANDSCAPE

MAINTENANCE

Citywide Parks should be inclusive of the following tasks:

Trees - Tree trimming/maintenance shall be completed on a limited basis, up to 15 feet, and only upon request by the City. This work shall only be done by certificated and experience personnel in tree pruning. Contractor shall be expected to maintain all trees less than fifteen (15) feet tall. Any tree pruning above fifteen (15) feet will be considered extrawork.

1. Trees shall be pruned according to the following criteria:

A. Designated broadleaf trees (as needed or
directed).

B. Designated conifers (as needed or directed).

2. Trees shall be pruned as required or directed 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 and species of trees. 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 representative, shall be made prior to proceeding with production work. All major pruning operations shall be scheduled and approved by the Public Works Manager, or representative, before work begins. If pruning work is done in an unacceptable manner to the City, corrective work will be required. The City reserves the right to have corrective work done by another contractor and deduct the cost of such work from contractor’s monthly services invoice.

3. Tree stakes, ties, and guys shall be checked and corrected as needed by 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.

Item: 8
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4. Topping, tip pruning, or pollarding trees will not be allowed.

Pruning shall be done by a certified tree worker (under the continual supervision of a certified arborist). All cuts shall be done using proper arboricultural and horticultural practices and following ISA 300 Standard Pruning Practices. Dressing wounds will not be allowed.

5. Trees shall be pruned along sidewalks to allow an eight (8) foot clearance for pedestrians. To accommodate vehicular and equestrian traffic, clearance along curbs and trails shall be fourteen (14) feet.

6. Contractor shall perform minor tree surgery as required.

7. Ailing or stunted trees which fail to meet expected growth expectations shall be brought to the attention of the Public Works Manager, or representative.

8. 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, or
representative. Tree suckers shall be removed as needed or directed by the City.

9. Lower branches can be removed only after tree is able to stand erect without staking or other support.

10. All holes from removed trees shall be filled and refilled until grade level with surrounding soil is maintained.

11. The Contractor will be responsible for staking and
tying trees, as well as removing staking and tying.

12. During the year, the Contractor shall provide daily pick-up of fallen branches and tree debris.

13. All accumulated debris from pruning, trimming, and
other tree maintenance shall be removed by the
Contractor during that same working day.

14. If City requested, and if trees are not pruned by the specified date, the Contractor shall be issued a penalty of $400 for failing to perform to the agreement’s scope, 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.

15. A log of tree removal and replacement will be kept and submitted to City by the Contractor stating where and when the trees were removed and replanted, species, site, and
Item: 8
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55136.00200\31919334.1 Exhibit “A”-22

approximate location together with monthly invoicing and at the end of each year.

16. Any individual dead limb or branch, detached or not, is a safety hazard and will be removed as needed by the
Contractor.

17. 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 debris removed within twenty-four (24) hours of notification. City authorization, by the Public Works Manager, or representative, shall occur if plant replacement is required by the 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, or representative, 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.

18. 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, etc.).

19. If, in the opinion of the Public Works Manager, or representative, 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 as approved by the City.

20. All trees shall be pruned to prevent encroachment onto private property.

21. Pruning procedures and pruning criteria shall follow International Society of Arboriculture Standards.

22. 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 Manager, or
representative.

Item: 8
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55136.00200\31919334.1 Exhibit “A”-23

B. Special emphasis shall be placed upon
public safety during pruning operations,
particularly when adjacent to roadways and
walkways.

C. Proper traffic control procedures based on the most
current version of the Manual of Uniform Traffic Control Devices shall be implemented to ensure the safety of
vehicular and pedestrian traffic.

23. All trimmings and debris shall be cleaned up, removed, and disposed of off-site at the end of each day's work.

24. 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.

C. For new trees or recently planted trees
which have not been staked previously.

25. Tree Spraying:

A. Contractor shall be responsible for identifying and treating existing insect damage, fungus and any
other diseases that trees under contractors care may
develop

B. Contractor shall notify the Public Works Manager, or representative, when applying any chemicals or insecticides to any trees under contractor’s care before any chemical applications. Contractor shall follow standard chemical application notifications and signage when treating trees within the City.

C. Contractor shall use integrated pest management practices whenever possible. Applying chemicals and insecticides shall be used only if other natural practices have failed.

26. Tree Removals: All trees fifteen (15) feet or smaller which are downed or dead by either natural or unnatural causes shall be removed and disposed of off-site after notification to the City. Trees above fifteen (15) feet in height will be considered extra work.

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. If the location of the stump precludes the use of a mechanical stump grinder, the contractor will need to remove the stump manually.

Item: 8
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27. 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.

28. All trees shall have mulch installed around the base once annually or more often as directed. The mulch will be installed at a depth of 3 inches and will not be piled against the base of the tree. The mulch line will extend at least 36 inches out from the base of the tree and will be level to a depth of 3 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 3 inches.

Shrubs

1. 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.

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 inches at any time.

3. Whenever shrubs die, the Contractor shall call the Public Works Manager, or representative, to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional cost. The City reserves the right to furnish the required plants, shrub, or tree. The City will use the unit prices submitted with the proposal for reimbursement. Should
shrubs expire due to contractor's negligence, all replacement costs shall be at contractor's expense.

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.

5. Shrubs 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, or representative, 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 Item: 8
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55136.00200\31919334.1 Exhibit “A”-25

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 representative.

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, ornamental grasses).

10. All 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 Public Works Manager, or representative, that they died due to Contractor's neglect. Replacement shrubs shall be of like kind and size and approved by City.

Vines

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.

Ground Cover

Item: 8
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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 quarterly basis or more often as needed or directed by Public Works Manager, or representative.

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. All planter areas shall be cultivated a minimum of once per month or mulched at least once per year or more often as needed or directed by the Public Works Manager, or
representative, at a depth of three (3) inches to prevent erosion and weed growth.

6. All ground cover areas shall receive sufficient applications of Sluggo snail bait at the rate necessary to control the spread of snails. Spray substitutions must be approved by the Public Works Manager, or representative.

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 representative. In the fall, the seed heads shall be allowed to remain in order to reseed the area and then removed
before they change color.

Failure to comply with the scope of work for Landscape
Maintenance shall be $400 per incident per day.

2.01.6 PEST CONTROL AND RODENT CONTROL

Pest Control and Rodent Control should be inclusive of the following tasks:

General

Item: 8
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1. Contractor shall provide complete and continuous control and/or eradication of all plant pests or diseases. The Contractor shall obtain any necessary permits to comply with City, County, State, and Federal regulations or
laws. This information shall be submitted to the City.

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, vertebrates or 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, host resistance, and pesticide applications.

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 the Public Works Manager, or representative. Material use reports for all pesticides shall be filed with the City no later than the1Oth of every month for the preceding month. Annual use reports shall be submitted to City the end of each year.

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. Signage on treated areas is the responsibility of the Contractor.

55136.00200\31919334.1 Exhibit “A”-28

established in the State of California Department of Food and Agricultural Code or EPA regulations.

C. Equipment and Methods: Spray equipment shall
be in good operating conditions, quality, and design
to efficiently apply materials to the target area. Drift will be minimized by avoiding high pressure
applications and using water soluble drift agents.

D. Selection of Materials: Pesticides shall be selected from those materials which characteristically have the
lowest residual persistence. Materials used must not
be restricted and are labeled with proper caution and
warning signs. 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 representative.

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 Works Manager, or representative.

Pest Control

1. All areas of the landscape shall be inspected for
infestations of harmful nuisance pests such as ants,
insects, mites, snails, and sowbugs. Plants shall be
observed closely for leaves that may be blotched,
notched eaten, 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 contains instructions 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 only be applied by a properly State Licensed Pest Control Operator or a Qualified Certified Applicator of Pesticides.

Item: 8
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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 also be sucking insects present. 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. 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.

5. Bark and Shot Hole Borer beetles weaken trees. Any symptom or sign of stress is cause for inspection trees. Look for ants on the ground, crawling up tree trunks, or in crotches of branches. Also, there may be branches damaged, broken, or dying. Control adult beetles before they lay eggs on bark in the spring. All trees near one infested tree, the previous year, should be treated as soon as possible. On-going inspections are necessary to determine if there is a summer brood. Any sign of beetle or other insect pest shall be reported to the Public Works Manager, or representative.

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 snail infestation.

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, fire Blight, 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.

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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. Recommended method of control
C. The product labels
D. A schedule as to frequency of control
E. Applicable S.D.S. Sheets
F. All mandatory signage

10. Monthly, the Contractor shall complete a pesticide spray log for any pesticides used. (Failure to submit this log to City will result in a Performance Deficiency
Reduction.) A completed usage log shall be submitted to City at the end of the year.

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, as required, or directed by City, 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.

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.

D. All treated bait, traps, and gases used to control rodents shall be placed in the tunnel. Traps shall be covered with soil once Item: 8
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inserted into tunnel to prevent vandalism and to ensure public safety.

E. All bait containers and/or applicators shall be of the type that will minimize spills.

F. Any and all spilled bait shall be picked up or buried immediately.

G. All treated areas shall be inspected after treatment for dying animals. Contractor shall remove all dying animals and/or carcasses and dispose of them off-site prior to the end of each workday until area no longer requires further treatment.

H. Care should be taken to minimize or control use where domestic pets may come into contac t with the
poisons. Signage around applied area shall be done as
required.

3. Contractor shall be allowed to use Strychnine for Rodent control with 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, use proper PPE 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 within the Passive Parks Contract. Contractor will need to provide to the City company name, address, contact person, contact person's phone number and proper Item: 8
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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 Pest Control and Rodent Control shall be $400 per incident per day.

2.01.7 FERTILIZATION

Citywide Parks should be inclusive of the following tasks:

Scheduling

Fertilization will be applied in accordance with FERTILIZER SCHEDULE, or as otherwise directed by the Public Works Manager, or representative. All applications shall be recorded and specifically identified on the weekly/yearly schedules, indicating the fertilizer used, frequency applied and the landscape material applied to (i.e., turf, trees, shrubs, ground cover, etc.).

Material use reports for all fertilizer shall be filed with the City not later than the 10th of every month for the preceding month. A yearly schedule shall be submitted to the City at the beginning of the year.

General

Fertilizers shall be inorganic, dry, pelletized
formulation. Application shall be in accordance with manufacturer specifications.

Method of Application of Fertilizers

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, blowing, or gas powered blower, etc.)

Timing of Application

When climatic factors cause problems for 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

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Fertilizers, pre-approved by Public Works Manager, or representative, 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 Public Works Manager 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, minimum once per year, soil samples for testing shall be taken from landscape locations as determined by the Public Works Manager, or representative.

1. Samples shall be tested at an agricultural soils testing laboratory approved by Public Works Manager, or
representative.

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.

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 to promote a healthy appearance. Water thoroughly to prevent burning.

Apply at the rate recommended by the manufacturer that is listed on the package.

Mulch

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Mulch shall meet requirements of SB 1383 administered by CalRecycle.

Requirements:

1. Compost and SB 1383 Eligible Mulch procurement .

Divisions, departments, and employees responsible for
landscaping maintenance, renovation, or construction shall:

55136.00200\31919334.1 Exhibit “A”-35

into the soil. Soils with greater than six percent
(6%) Organic matter in the top six (6) inches of
soil are exempt from adding Compost and tilling.
ii. Apply a minimum of three (3) inches of SB 1383
Eligible Mulch to all exposed soil surfaces of
planting areas, except in turf areas, creeping or
rooting groundcovers, or direct seeding
applications where such mulch is contraindicated.

Whenever SB 1383 Eligible Mulch is applied in
this way, five percent (5%) of the landscape area
shall be left without mulch to provide habitat for
beneficial insects and other wildlife. Designated
insect habitats must be included in the landscape
design plan as such.
iii.Procure Organic SB 1383 Eligible Mulch materials
made from Recycled or Post-Consumer Materials
rather tha n inorganic materials or virgin forest
products, unless Recycled or Post -Consumer
Organic products are not locally available. SB
1383 Eligible Mulches are not required where
prohibited by local ordinances.
iv.For all SB 1383 Eligible Mulch that is land-applied, such mulch must meet or exceed the physical
contamination, maximum metal concentration, and
pathogen density standards specified in 14 CCR
section 17852(a)(24.5)(A)(1) through (3).
c. Keep records, including invoices or proof of
Recovered Organic Waste Product procurement (whether
through purchase or acquisition), and submit records to the Recordkeeping Designee upon completion of a project.

Records shall include:
i. General procurement records,
including:

1. A general description of how and where the product was used and applied, if applicable;

2. The source of a product, including the name, physical location, and contact information for each entity, operation, or facility from which the Recovered Organic Waste Products were procured;

3. The type of product;

4. The quantity of each product; and

5. All invoices or other records demonstrating purchase or procurement.

55136.00200\31919334.1 Exhibit “A”-36

accordance with all reporting requirements under
this Policy.
iii.For procurement of SB 1383 Eligible Mulch, maintain an updated copy of the ordinance or enforceable
mechanism(s) requiring that the mulch procured by
the City or Direct Service Provider meets the land
application standards specified in 14 CCR section
18993.1, as amended from time to time.
d. When procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, enter into a written contract, agreement, or executed purchase order with
enforceable provisions that include: (1) definitions and specifications for SB 1383 Eligible Mulch; and (2) an
enforcement mechanism (e.g. termination provisions,
liquidated damages clauses, etc.) in the event the Direct Service Provider is not compliant with these requirements. e. Review, amend, or terminate exi sting contracts as
necessary to achieve compliance with the requirement of enforceable mechanisms pursuant to Section 5(1)(c)(3),
above.

Vines

Fertilize all vines with a commercial fertilizer a minimum of twice per year, in March and August, or needed to promote a healthy appearance. Water 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. Sports fields shall be fertilized on monthly basis. 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 10-10-10 starter fertilizer at a rate of 8 lb. per 1,000 square feet during over seeding process until first mowing and subsequently thereafter use Nitra King fertilizer or approved equal at a rate of 1 lb./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 February. A Nitra
King or approved equal commercial fertilizer shall
be required.

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4. Summer fertilization period shall begin March 15
and continue until the end of August. A 16-6-8
commercial fertilizer shall be required.

5. For additional or special applications of nutrients (i.e., application of additional nitrogen, iron, calcium or gypsum), requested by the City, the contractor will be
paid extra for the special applications. The City will
use the quoted extra labor charges and unit cost
submitted with the proposal for reimbursement.

6. The Contractor shall supply to the City a list of
dates and approximate times each bid 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.

9. 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.

Turf Fertilization Schedule

FREQUENCY TYPE & SOURCE TIME OF YEAR

4x/YR

Nitra King
Commercial16-6-8

Winter (Nov. 1 - Mar. 1)x/YR
Summer (May 1 -Aug. 1)
1x/YR 10-10-10 + Commercial Sep/Oct@ reseeding

Landscaping Fertilization Schedule

FREQUENCY TYPE & SOURCE TIME OF YEAR
2x/YR 15-15-15 Mar. 1 - Aug. 1

Slow Release

4-1-1 w/iron or Approved Equal

Trees

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Trees shall be fertilized and aerated in accordance with the National Arborist Association Standard for Fertilizing Shade and Ornamental Trees, National Arborist Association Standards current edition.

Compliance lnspection

Compliance with fertilization specification will be enforced by application inspections, bag counts, and periodic soil analyses by independent soils laboratory.

Plant Additions and/or Replacements

As part of this agreement, the Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, ground cover, or flowers. Such work will be paid for as extra work, based on contract unit prices, by the City unless otherwise specified within these specifications. Exceptions will be replacements due to Contractor's neglect. This will be determined by the Public Works Manager, or representative.

Failure to comply with the scope of work for Fertilization shall be $400 per incident per day.

2.01.8 IRRIGATION SYSTEM MAINTENANCE

The controlling factor in the performance of water management is the application of water to landscape plants 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 must remain within allocated water budgets and tiered rates established by water purveyors. Should the contractor exceed the established allocated 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.

A soil probe should be used to check soil moisture in the root zone at all locations. The soil should be moist or dam damp but not wet evenly to at least 1” below the deepest roots. As temperatures rise it will be dryer near the surface than at the lower depths. This will mean adding extra minutes to each zone to keep the soil moisture correct. As the temperature continue to rise it may be necessary to go to an additional watering per irrigation event, one in the late evening and one in the early morning with a possible syringing in the heat of the day.

Contractor will need to probe regularly after rainfall to see how quickly it dries out. As compaction takes place from heavy wear/use, the time it takes to dry out after the rain will get longer. Therefore, it is necessary to knife aerate at least monthly during the heaviest play.

lrrigation/Operation and Maintenance Scheduled Times

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1. Irrigation shall be accomplished in accordance with Contractor-provided schedules subject to approval by the City. The following irrigation times shall be applied to various types of public facilities.

Available Water Schedule: 8:00 PM - 6:00 AM

Parks (Sunday- Thursday) Manual Irrigation 8:00 AM - 3:00 PM

2. Adjust irrigation controllers to comply with designated watering windows and Contractor-provided schedules. Inefficient water management will result in a Performance Deficiency Reduction.

3. 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

4. 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 no interference with regular park
activities or other special activities.

C. There shall be irrigation personnel present at
each location until watering cycle is completed.

5. Contractor shall respond within one (1) hours of any request by the Public Works Manager, or representative, 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.

6. All damages and charges 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, or representative, of mainline failures Item: 8
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within twelve (12) hours of occurrence. Incidents shall be recorded on a monthly log and submitted to the City upon request.

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 on a weekly basis and 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, walkways,
trails, fences, and private property and
minimize water usage for cleanup
operations

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
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 so as to
prevent sprinkler heads from fogging, allowing
droplets for effective watering. At any time, the
Public Works Manager, or representative, may
request a coverage test to evaluate proper
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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 four (4) hours from observation or of receipt of notice.

B. Correct deficient irrigation systems and equipment as necessary following notification from the Public Works Manager, or representative.

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 acknowledges the necessity to turn on the water once again, all controllers shall be activated

6. Adjustment, damage, and repairs shall be divided into the following categories 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 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.

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.

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.

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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,
pressure or lateral 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, nozzles and other small parts. City will compensate
contractor for parts’ wholesale price plus tax. The labor 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 between the automatic control valve to the water meter including but not limited to backflow devices, pressure regulators, irrigation
controllers, and mainline control wire (except as previously noted). City will compensate contractor for parts’
wholesale price plus tax. The labor cost for major repairs shall be included in the costs for operations and
maintenance of the irrigation system

E. Repairs to irrigation system shall be completed within 12 hours after approval of the Irrigation Materials
Request Form by the Public Works Manager, or
representative, for major component damage such as
broken irrigation mainlines.

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. Work performed by the Contractor and paid for as extra work will be guaranteed for a period of one year by the Contractor.

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 minimize run-off whenever possible.

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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 representative, 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 representative. Control valves, sprinklers, and direct burial control wires shall be located and repaired by the Contractor.

L. 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.

M. 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.

N. 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 process is completed. The Public Works Manager, or
representative, will confer with the Contractor when the sprinkler system controllers are to be turned back on.

1. The Contractor shall be held responsible for damage done to sprinkler heads, valve boxes, and valves due to careless operation of vehicles and lawn mowers.

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
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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 including Calsense irrigation controllers. A certified irrigation technician is required for both contracts. The identified irrigator cannot be removed without City approval, nor can a new irrigator begin without City consent.

B. The Contractor shall provide personnel knowledgeable of, and proficient with, current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies

C. The Contractor shall provide personnel capable of verbal and written communication in a professional level of English.

D. Contractor shall provide the following minimal personnel at the Passive Parks:

One (1) Contract Supervisor
Two (2) Irrigators
One (1) Irrigator Assistant
Two (2) Foremen
Eight (8) Laborers

Total minimum staffing: 14 personnel. This is the minimum staff levels the City requires to ensure that all maintenance work is completed on schedule to avoid performance deficiency
deductions. Should the Contractor need to increase its labor force to maintain the required schedules, the cost for additional labor shall be absorbed by the Contractor. No additional compensation for added labor will be allowed. A list of active crew members is required. Any changes to the normal crew are required to be identified and reported to the Public Works Manager, or representative.

All contract personnel assigned to the City shall wear
company uniforms that clearly identify each worker while working in City locations. Failure to comply with the
scope of work for minimum staffing shall be $400 per
incident per day.

E. Completion of Extra Work

All extra work shall not be completed by maintenance
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to provide extra work. Contractor will required to provide a written cost proposal for all repairs and improvements with the exception of irrigation system repairs. Upon approval, the Public Works Manager, or representative, 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. This scope of services includes the contractors ability to fulfill proposals at other sites not listed specifically within this agreement.

8. Materials

A. All replacement materials are to be with original types and models unless a substitute is approved by the Public Works Manager, or representative.

B. Any replacement material not designated as original types and models will be approved by the Public Works Manager, or representative. Any materials determined to be different from original types will be approved under a separate cost proposal describing the difference in material. The cost difference for the new material will be negotiated with the contractor and require approval by the Public Works Manager.

C. 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 current price list, minus the discount rates quoted in the bid.
3) The total cost of materials shall include the following –

 Wholesale cost (retail costs minus
Contractor's discount), as stated above.

 Applicable sales tax

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 A markup of 10% maximum for all overhead
costs and profits.

E. All materials are to be new and identical to existing materials, unless directed otherwise by the Public Works Manager, or representative.

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
weekly basis to reflect work carried out via the
irrigation management sheet.

10. Water Management

A. All systems shall be programmed weekly and/or a
needed to maintain healthy plant material and
landscape.

B. All program changes shall be recorded on an Irrigation Management Form.

C. Water meter reading for each system shall be
submitted on a weekly report.

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 every week (excluding Saturday and
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Sunday) to keep the system operating at an 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 weekly or more often if required to prevent plant damage or as directed by Public Works
Manager, or representative.

J. Contractor will submit to the Public Works Manager, or representative, a copy of the irrigation schedule for each controller Contractor will be expected to use minimal amount of water in all areas, but maintain healthy plant growth.

L. 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 will be notified immediately.

M. Automatic controllers will be kept locked at
all times.

N. All non-stainless steel controller enclosures must be painted as needed to maintain a good appearance. Color will be determined by the Public Works Manager. New enclosures shall be made of stainless steel.

0. Contractor will maintain an active "site schedule" and color- coded site map denoting each area of irrigation 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. Copies of site map and all the changes shall be provided to the Public Works Manager.

11. Maintenance of Drainage Facilities

The Contractor shall be responsible for continual inspection of surface drains (i.e., bench drains, flow structures, v- ditches), located within each park. Surface drains shall be checked and maintained free of obstructions 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 Item: 8
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be cleared at least twice per year or as directed by the Public Works Manager, or representative.

Failure to comply with the scope of work for Irrigation System Maintenance shall be $400 per incident per
day.

2.01.11 GUARANTEE AND/OR REPLACEMENT POLICY

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 the Public Works Manager, or representative, that they died due to Contractor's negligence. All irrigation system components that fail or break as a result of contractor negligence shall be replaced by the contractor at his expense.

Failure to comply with the scope of work for Guarantee
and/or Replacement Policy shall be $400 per incident
per day.

2.01.12 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 fully completed Landfill Diversion Report on a monthly basis to the City. Reports shall be filled out in full on a monthly basis.

Failure to comply with the scope of work for Landfill
Diversion shall be $400 per incident per day.

2.01.13 MAINTENANCE AND REPAIRS TO PARKS AND OTHER LANDSCAPE AREAS

Contractor shall provide on-call maintenance and repair services at City parks, including passive parks, medians, parkways, and slopes, and other landscape areas under this contract. This maintenance and repairs will include, but is not limited to, the following:

• Maintenance and repair of facilities including minor plumbing, water heaters, sinks, toilets, urinals, drains, doors, vents, walls, timers, locks and other accessories or equipment.

• Maintenance, repair, and acquisition of amenities including, but not limited to, benches, gazebos picnic tables, BBQ, water fountains, Item: 8
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drinking fountains, fences, gates, block walls, playground/exercise equipment, concrete and sidewalks.

• Maintenance, repair, and acquisition of appurtenances including, but not limited to, electrical fixtures on buildings, walkways, sport courts, monument signs, light poles, electrical timers, electrical locks, lights and irrigation controllers, plumbing, and equipment.

Failure to comply with the scope of work for Landfill
Diversion shall be $400 per incident per day.

2.01.14 CITY IPM POLICY – USE OF ORGANICS
The City is currently performing a pilot project at Regency Park that utilizes all organics. The program is intended to continue as part of this contract. Only after the direction of the Landscape Inspector, shall any chemicals or pesticides be used at the park. The City currently uses 2 applications per month of Suppress herbicide. The label for suppress is attached as Appendix G.

The City’s IPM program utilizes monitoring techniques and injury and economic thresholds to determine when to implement control strategies. Treatments are used only according to established guidelines after monitoring indicates that such treatment is appropriate. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and non-target organisms and the environment. The City’s IPM Program is attached as Appendix F.

When pesticides are needed, use the following prioritized approach: (1) organic pesticides; (2) Water Quality Act Allowed Pesticides; and (3) EPA Level III & IV “caution” labeled pesticides only when deemed necessary to protect public health and economic impact by a licensed pest control adviser.

Prioritized Use of Pesticides:

a. Use organic pesticides first, when pesticides are needed. b. Use Clean Water Act allowed pesticides
c. EPA Level III & IV “caution” label pesticide only if deemed necessary to protect public health and economic impact by a licensed pest control advisor and City staff.
d. EPA Level II “warning” label pesticides, only if deemed necessary to protect public health and economic loss by a licensed pest control advisor and City staff, when other methods do not adequately control the pest.
e. EPA Level I “danger” label pesticides, only if deemed necessary to protect public health and economic loss by a licensed pest control advisor and City staff, when other methods do not adequately control the pest. Pesticides should only be used when other methods fail to provide adequate control of pests and just before pest populations cause an unacceptable damage, since the overuse of pesticides can cause beneficial organisms to be killed and pest resistance to develop.

Approvals and Application of Chemical Pesticides
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1. Pesticides shall be approved by the Maintenance Division Landscape Inspectors for their area of oversight prior to use. A written recommendation of proposed pesticide, including commercial name, concentrations, allocation rates, usage, reentry time, and all other requirements shall be prepared by a licensed California Pest Control Advisor and site specific schedule submitted for approval. No work shall begin until written approval of use is obtained and a notice of intent has been filed with the County Agricultural Commissioner’s office, as required.

Copies of Safety Data Sheets and specimen labels shall be given to the City prior to pesticide use on City property.

2. Chemicals shall only be applied by those persons possessing a valid California Qualified Applicator license/certificate or under the direct onsite supervision of a California qualified pesticide applicator. Application shall be in strict accordance with all governing regulations. Records of all operations shall be kept per California Department of Pesticide Regulations.

3. Pesticides shall be applied in a manner to avoid contamination of non-target areas. Precautionary measures shall be employed to keep the public from entering the spray zone until it is safe.

4. Posting of signs shall be required at all park facilities when any application of pesticides is performed.

Specific requirements for posting are as follows:
• Post signs at all park entrances at least 48 hours prior to spraying applications. The vendor’s contact information, chemical name and application date must be listed.
• Place spray notices inside plastic page protectors. Attach them to a four-foot (4’) high wooden stake. Signs must be readable 25’ away from posted area.
• Leave the same signs up for 72 hours after the spraying applications are completed, then remove promptly.
• A temporary mesh fence such as orange plastic construction fencing can be erected on the perimeter of any area that is to be treated with a broadcast type application with the intent to keep people and pets off the treated area for a period of 24 hours.

Fertilizer and Pesticide Management –

Usage:

• Utilize a comprehensive management system that incorporates integrated pest management techniques.
• Follow all federal, state, and local laws and regulations governing the use, storage, and disposal of fertilizers and pesticides and training of applicators and pest control advisors.
• Educate and train employees on use of pesticides and in pesticide application techniques to prevent pollution.
• Chemicals shall only be applied by those persons possessing a valid California Qualified Applicator license/certificate or under the direct onsite supervision of a California qualified pesticide applicator. • When applicable use the least toxic pesticides that will do the job. Avoid use of copper-based pesticides if possible.

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• Do not mix or prepare pesticides for application near storm drains.
• Prepare the minimum amount of pesticide needed for the job and use the lowest rate that will effectively control the pest. • Employ techniques to minimize off-target application (e.g. spray drift) of pesticides, including consideration of alternative application techniques.
• Calibrate fertilizer and pesticide application equipment to avoid excessive application.
• Periodically test soils for determining proper fertilizer use. • Immediately sweep pavement, sidewalk, hardscape, including rocks, decks, furniture, etc., after application of fertilizer is spilled on these surfaces before applying irrigation water.
• Inspect pesticide/fertilizer equipment and transportation vehicles frequently.

Optional:

• Work fertilizers into the soil rather than dumping or broadcasting onto the surface without calibration.
• Use beneficial insects where possible to control pests (examples include, but are not limited to: green lacewings, ladybugs, praying mantis, ground beetles, parasitic nematodes, trichogramma wasps, seedhead weevils, and spiders prey on detrimental pest species). • Use slow release fertilizers whenever possible to minimize leaching.

Scheduling:

• Do not use pesticides during overcast conditions or if rain is expected within 24 hours or soil saturation exists.
• Apply pesticides only when wind speeds are low (less than 5 mph).

Storage:

• To minimize quantities of pesticides and fertilizers stored, only purchase what is needed for use in the near future.
• Implement storage requirements for pesticide products with guidance from the local fire department and County Agricultural Commissioner. Provide secondary containment for pesticides.

Disposal:

• Purchase only the amount of pesticide that you can reasonably use in a given time period (month or year depending on the product). • Triple rinse containers, and use rinse water as product. Dispose of unused pesticide in the proper manner according to federal, state, and local laws/regulations.
• Dispose of empty pesticide containers according to the instructions on the container label.

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Records and Reporting
Records of all pesticides used by the Contractor on City property shall be retained in accordance with Department of Pesticide Regulations. City’s landscape inspectors will keep records of all pesticide usage.

14. VETERANS PARK REQUIREMENT

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.

6. Contractor is to install and maintain hanging and standing inflatables, plastic figures, and other equipment as directed to aid in bird abatement.

7. Contractor to monitor all bird migration activities and report activities to City.

8. Contractor to pressure wash hardscapes and park amenities as requested by City to clean stains.

9. Contractor to report any missing or vandalized plant material upon discovery to the City.

15. BARKER RANCH DOG PARK REQUIREMENTS

Barker Dog Park is a 8,700 square foot park located at 26500 Baffin Bay Drive, Monarch Street, and Bake Parkway. The Dog Park consists of a paved parking lot and a dog park with artificial turf, live trees and shrubs, irrigated with recycled/reclaimed water, separate entrances and paly areas for small and large dogs, water for visitors and their pets, benches, perimeter fencing, and a shade structure.

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 will be Item: 8
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required to perform the following maintenance activities at the Barker Dog Park:

• Daily removal of trash, debris and dog waste inside and around the park, includes spot cleaning/washing of synthetic turf sidewalks, and planters.
• Daily cleaning, sweeping, blowing of all hardscapes and sidewalks. Spot washing as needed or requested by City. • Daily removal, emptying, and cleaning of trash and recycle receptacles
• Daily cleaning of trash receptacle lids
• Daily removal of debris from sidewalks, V Ditches, and landscape areas
• Daily inspection and replenishment of Doggie Walk Bags dispensers before noon.
• Daily cleaning of city property including trash collection, removal of illegal dumps and illegal signs
• Daily cleaning/serviced of all water features (free of algae/debris/and)
• Landscape maintenance, maintaining natural and/or synthetic turf, including turf sprinklers
• Synthetic turf maintenance to follow recommended manufacturer guidelines and schedules, including monthly power brushing • Report any rips or damage immediately to the City
• Fill holes, fertilize, and/or cultivate landscaping as necessary • Trim shrubs, vines every two weeks and maintain trees up to 15 feet
• Maintain ground cover
• Plant replacement as necessary
• Perform backflow repairs and certification as needed
• Natural shaping, trimming, raising, and training of shrubs • Maintaining and repairing irrigation systems
• Hand water all non-irrigated planting pots or areas
• Maintenance of drainage facilities
• Control of all plant diseases, weeds, and pest control • Disinfect synthetic turf area as directed by manufacturer and/or Public Works Manager, or representative, application of Turf Fresh (Odor eliminator) as needed
• Pressure washing on a weekly basis of structures, and sidewalks
• Minor graffiti removal of structures, sidewalks, and amenities • Other associated services required to maintain a safe and attractive Dog Park

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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:

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.

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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

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.

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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

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EXHIBIT “A-I”

INTEGRATED PEST MANAGEMENT (IPM) POLICY & IMPLEMENTATION

GUIDELINES FOR THE CITY OF LAKE FOREST

*GENERAL IPM POLICY:

The use of pesticides is often a measure of last resort. Because of this, the management guidelines for pesticide use are presented in a separate section immediately following the IPM guidelines.

Figure 1
Components of an Integrated Pest Management Program

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Scope of IPM Policy and Implementation Plan

The goal of IPM is not to eliminate all pests, but to keep their populations at tolerable levels.

Often get outbreaks
of other pests
Reduces disruption
of natural enemies

Pesticides can be
used (only used as
last resort).

Must have knowledge of
pesticides and their effects
on other organisms.

Labor is only for
spraying

Extra work in
cleanup

Staff becomes more
knowledgeable of
pests and injury
symptoms
Labor is required for
monitoring and regular
scouting

Training is required to
identify pests and natural
enemies.

Not much preparation or
follow-up needed
Need a PCA
recommendation
Pest management is
more organized
Must maintain a record-
keeping system.

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Pesticide safety
issues for
applicators, public,
animals

More pesticides in
environment

Contamination of
water bodies from
runoff

Less exposure to
pesticides

Safer to the
environment

Reduces
contamination from
runoff

Components of an IPM Program

Pest Identification

Prevention

Monitoring

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Weather and other environmental conditions may also play a factor in whether a pest outbreak may occur so it is important to monitor temperature and soil moisture as well.

It is important to use a systematic approach when monitoring, for example you should examine leaves of a similar age each time you check for pests, rather than looking at the older leaves on some plants and younger ones on others. Randomly looking at a plant and its leaves does not allow you to track changes in pest population or damage over time.

Injury Levels and Action Thresholds

Pest Control Tactics

The primary pest control tactics to choose from include:
• Cultural
• Mechanical/Physical
• Biological
• Pesticide

Cultural Controls

Mechanical/Physical Controls

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Biological Controls

The most common organisms used for biological control in landscapes are predators, parasites, pathogens and herbivores.
• Predators are organisms that eat their prey (e.g. Ladybugs).

• Pathogens are microscopic organisms, such as bacteria, viruses, and fungi that cause diseases in pest insects, mites, nematodes, or weeds (e.g. Bacillus thuringiensis or BT).

Figure 2
Example of Secondary Pest Outbreak
Caused By Use of a Broad Spectrum Insecticide

A. Aphids and mites controlled by predators B. After a broad spectrum spray for aphids, predators for mites and aphids are also killed, resulting in an outbreak of mites.

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Pesticide Controls

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IMPLEMENTION GUIDELINES:

Designated IPM Coordinator or IPM Contact Information in Box Below:

Michael McConaha
Public Works Maintenance Manager
City of Lake Forest
949-461-3575

Personnel respo nsible for the care and maintenance of facilities under the above- mentioned jurisdiction agree to implement a suite of basic integrated pest management procedures selected from the following five main components of an IPM program:

I) Prevention
II) Pest and Symptom Identification
III) Monitoring for Pests and Problems
IV) Action Thresholds and Guidelines
V) Selection of Appropriate Management Methods (Control Tactics)

I. PREVENTION
A. Landscape Design Procedures (a minimum of three must be selected) Drainage, soil characteristics, water quality and availability are considered during plant selection.

Sun exposure, heat, and hi gh temperature conditions are considered during plant selection.

Adequate space is allowed for root growth, especially trees.

Nursery stock is inspected and rejected if not healthy (injuries, diseased, circling roots/potbound, poor staking and/or pruning).

Pest resistant species and cultivars are selected.

Plants with similar growth characteristics and irrigation requirements are grouped together.

Landscape design matches available irrigation technology to avoid excess water use and to minimize surface runoff.

B. Site Preparation and Planting Procedures (a minimum of three must be selected) Assess soil drainage properties and improve compacted soils prior to planting.

Conduct a soil analysis to determine chemical and physical properties of the existing soil and then add appropriate amendments such as organic matter.

Ensure irrigation is installed as designed in order to avoid poor uniformity once plants are in place.

Follow proper planting procedures for particular plant species to avoid planting too deeply or too shallow.

Nursery tree stakes are removed at planting and replaced with staking that allows trunk to flex; removing these stakes after 1 to 1.5 years.

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Utilize a soil probe or other soil moisture measurement device to monitor soil moisture levels in existing root ball and surrounding soil during establishment period.

C. Water Management (a minimum of three must be selected) Plants are examined weekly for symptoms of water stress and to assist in determining irrigation scheduling.