AGENDA
LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, December 5, 2023
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. To ensure prompt distribution to the City Council, members of the public wishing to provide written materials to the City Council should do so prior to the start of the meeting or as close thereto as possible, as time will not be taken during the public comment period to distribute written materials to the City Council.
December 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 1 CALL TO ORDER:
Council Members:
Mayor Pro Tem:
Mayor:
City Manager:
City Attorney: City
Clerk:
6:30 p.m.
Robert Pequeño
Scott Voigts
Benjamin Yu
Mark Tettemer
Doug Cirbo
Debra Rose
Matthew E. Richardson
Lisa Berglund
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 Peace Center Pastor Vanessa Burdick, Saddleback Church.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Cub Scout Pack #765.
REPORT FROM STUDENT LIAISON: Report from Aarav Rajpara, Student Liaison from El Toro High School.
PRESENTATIONS (Item Nos. 1 – 6)
December 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 2
1. RECOGNITION OF THE 2023 CHAMPION SPONSORS, CR&R AND
EAGLE COMMUNITY CREDIT UNION, AND PRESENTATION OF THE
2024 SPONSORSHIP SPOTLIGHT BROCHURE
RECOMMENDED ACTION: 1. Recognize the 2023 Champion Sponsors, CR&R and Eagle Community Credit Union. 2. Receive Presentation of the 2024 Sponsorship Spotlight brochure.
2. RECOGNITION OF THE 2023 LAKE FOREST ACADEMY GRADUATES RECOMMENDED ACTION: Recognize graduates of the 2023 Lake Forest Academy.
3. RECOGNITION OF LAKE FOREST BUSINESSES NAMED IN THE
ORANGE COUNTY REGISTER'S "BEST OF OC" AWARD PROGRAM
RECOMMENDED ACTION: Recognize the Lake Forest award winners of the "Best of OC" 2023.
4. EMPLOYEE SERVICE AWARDS
RECOMMENDED ACTION: Present Employee Service Awards to those present.
5. MAYOR'S AWARD
RECOMMENDED ACTION: Present Mayor’s Award to the selected recipient.
6. PRESENTATION FROM KRIS MURRAY, EXECUTIVE DIRECTOR,
ASSOCIATION OF CALIFORNIA CITIES, ORANGE COUNTY (ACC-OC) December 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 3 RECOMMENDED ACTION: Receive the presentation.
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. Those wishing to provide comments at the meeting will be asked to submit a request to speak to the City Clerk.
CONSENT CALENDAR (Item Nos. 7 – 12)
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.
7. 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.
8. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 21, 2023
RECOMMENDED ACTION: Approve as submitted.
9. AMENDMENT TO AGREEMENT FOR TRAFFIC ENGINEERING
SERVICES WITH HARTZOG AND CRABILL, INC.
RECOMMENDED ACTION: 1. Approve the First Amendment to the Professional Consultant Services Agreement for Traffic Engineering Services with Hartzog and Crabill, Inc. 2. Authorize the Mayor to sign, and the City Clerk to attest the First Amendment with Hartzog and Crabill, Inc., substantially in the form attached.
10. AMENDMENT TO AGREEMENT FOR TRAFFIC SIGNAL MANAGEMENT SERVICES WITH ITERIS, INC.
December 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 4 RECOMMENDED ACTION: 1. Approve the First Amendment to the Professional Consultant Services Agreement with Iteris, Inc. for Traffic Signal Management Services. 2. Authorize the Mayor to sign, and the City Clerk to attest the First Amendment to the Professional Consultant Services Agreement with Iteris, Inc., substantially in the form attached.
11. AWARD OF CONTRACT FOR LAKE FOREST SPORTS COMPLEX
LANDSCAPE & PARK MAINTENANCE SERVICES
RECOMMENDED ACTION: 1. Award an Agreement for Maintenance Services in the amount of $3,154,415.08 to Brightview Landscape Services, Inc., for Landscape and Park Maintenance Services. 2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to Brightview Landscape Services, Inc., substantially in the form attached.
12. AWARD OF CONTRACT FOR WILDLIFE MITIGATION AND POND
MAINTENANCE AT VETERANS PARK
RECOMMENDED ACTION: 1. Award an Agreement for Maintenance Services in the amount of $176,531.88 to AquaBio Environmental Technologies, Inc., for Wildlife Mitigation and Pond Maintenance Services.
2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to, AquaBio Environmental Technologies, Inc., substantially in the form attached.
PUBLIC HEARING(S) (Item No. 13)
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.
13. MEADOWS GENERAL PLAN AMENDMENT (“GPA”) 06-23-5639 AND NAKASE AREA PLAN AMENDMENT (“AP”) 06-23-5640
RECOMMENDED ACTION: 1. Adopt a Resolution entitled: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST,
CALIFORNIA, THAT THE CITY COUNCIL FIND, PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, THAT LAND USE
CHANGES TO THE NAKASE PLANNED COMMUNITY (AKA: THE
December 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 5
MEADOWS) PROPOSED UNDER GENERAL PLAN AMENDMENT
(“GPA”) 06-23-5639 TO CHANGE THE PUBLIC FACILITY LAND USE
DESIGNATION TO LOW DENSITY RESIDENTIAL AND AREA PLAN
AMENDMENT 06-23-5640 TO CHANGE THE SCHOOL SITE
DESIGNATION TO NEIGHBORHOOD 6, INCLUDING ALL APPURTENANT
TEXT, TABLES, AND EXHIBITS, CONSISTENT WITH THE
ENVIRONMENTAL IMPACT REPORT (SCH#2018071035) FOR THE
NAKASE PLANNED COMMUNITY CERTIFIED BY THE CITY COUNCIL
ON JANUARY 21, 2020, PURSUANT TO PUBLIC RESOURCES CODE
SECTION 21166 AND STATE CEQA GUIDELINES SECTION 15162.
2. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT (“GPA”) 06-23-5639 AMENDING THE GENERAL
PLAN LAND USE DESIGNATION FOR THE SCHOOL SITE (APN
612-221-10) LOCATED WITHIN THE NAKASE PLANNED COMMUNITY (AKA: THE MEADOWS) WHICH IS LOCATED AT THE SOUTHEAST
CORNER OF BAKE PARKWAY AND RANCHO PARKWAY FROM A
GENERAL PLAN LAND USE DESIGNATION OF PUBLIC FACILITY TO LOW DENSITY RESIDENTIAL (2-7 DU/AC); FILED BY THE CITY OF LAKE FOREST ON BEHALF OF TOLL BROTHERS WEST, INC. AND
MAKING CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166
AND STATE CEQA
GUIDELINES SECTION 15162.
3. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAKE FOREST APPROVING AREA PLAN
AMENDMENT (“AP”) 06-23-5639 AMENDING AP 05-18-5166 TO
REPLACE ALL REFERENCES TO THE SCHOOL SITE LOCATED WITHIN THE MEADOWS RESIDENTIAL COMMUNITY (AKA: THE NAKASE
PLANNED COMMUNITY ) LOCATED AT THE SOUTHEAST CORNER OF
BAKE PARKWAY AND RANCHO PARKWAY TO REFERENCE A NEW
RESIDENTIAL NEIGHBORHOOD, NEIGHBORHOOD 6, ADD
REFERENCES AS APPLICABLE THROUGHOUT THE DOCUMENT TO
LOW DENSITY RESIDENTIAL; CHANGE TABLES AND EXHIBITS
ACCORDINGLY, AND REDESIGNATE THE PUBLIC STREETS THAT
WOULD HAVE PROVIDED ACCESS TO THE SCHOOL SITE, INCLUDING ALL OF EMY WAY (“A” STREET) TO A PORTION OF GREENLEAF (“B” STREET), A PORTION OF GREENLEAF (“B” STREET) FROM EMY WAY (STREET“A”) TO LASSEN STREET TO RANCHO PARKWAY SOUTH,
AND ALL OF LASSEN STREET (“BB” STREET) TO PRIVATE STREETS; December 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 6
FILED BY THE CITY OF LAKE FOREST ON BEHALF OF TOLL
BROTHERS WEST, INC., AND MAKING CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND STATE CEQA GUIDELINES SECTION
15162.
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:
December 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 7
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 November 30, 2023.
Lisa Berglund
City Clerk
December 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 8 [PAGE INTENTIONALLY LEFT BLANK]
December 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 9
CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/5/2023
DEPARTMENT: Management Services
SUBJECT:
RECOGNITION OF THE 2023 CHAMPION SPONSORS, CR&R AND EAGLE COMMUNITY CREDIT UNION, AND PRESENTATION OF THE 2024
SPONSORSHIP SPOTLIGHT BROCHURE
RECOMMENDED ACTION(S):
1. Recognize the 2023 Champion Sponsors, CR&R and Eagle Community Credit Union.
2. Receive Presentation of the 2024 Sponsorship Spotlight brochure.
EXECUTIVE SUMMARY:
Each December, the City updates its Special Event Sponsorship Packet and Application. Local businesses can sponsor City of Lake Forest special events by completing the Sponsorship Opportunities Packet and Application (“Sponsorship Packet”). In addition to offsetting costs for these community events, sponsorship opportunities provide businesses with increased exposure to the community.
In 2022, staff updated the Sponsorship Packet to include a Champion sponsorship level, in which a $10,000 contribution can be made to sponsor all City events within a calendar year. In 2023, the City received two Champion Sponsorships from CR&R and Eagle Community Credit Union (“ECCU”).
Established in 1963, CR&R provides solid waste and recycling services to 3 million residents and 25,000 businesses spanning Orange, Los Angeles, San Bernardino, Imperial, and Riverside counties. CR&R is the City’s current franchise solid waste and recycling hauler. Established in 1937, ECCU maintains six credit union branches across Orange County, including a local branch in Lake Forest on Rockfield Boulevard.
During tonight’s meeting, the City Council will have the opportunity to recognize and thank CR&R and ECCU for their support by presenting Certificates of Recognition (Attachments 1 and 2).
Staff also present the recently renamed 2024 Sponsorship Spotlight brochure, informing the City Council and community of the opportunities available for the Item: 1
10 calendar year ahead (Attachment 3). Staff has transformed the previous packet into a restructured brochure, including a QR code for streamlined application completion.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
1. Certificate of Recognition - CR&R
2. Certificate of Recognition - Eagle Community Credit Union
3. 2024 Sponsorship Spotlight Brochure
Initiated By: Nicole Houston, Management Analyst
Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 1
11 ATTACHMENT 1
Item: 1
12 CERTIFICATE OF RECOGNITION
THE LAKE FOREST
CITY COUNCIL
RECOGNIZES
CR&R Incorporated
2023 CHAMPION SPONSOR
Thank you for your support and contribution.
December 5, 2023
____________________________
DOUG CIRBO
MAYOR
____________________________
SCOTT VOIGTS
COUNCIL MEMBER
_____________________________
MARK TETTEMER
MAYOR PRO TEM
_____________________________
ROBERT PEQUEÑO
COUNCIL MEMBER
____________________________
BENJAMIN YU
COUNCIL MEMBER
Item: 1
13 ATTACHMENT 2
Item: 1
14 CERTIFICATE OF RECOGNITION
THE LAKE FOREST
CITY COUNCIL
RECOGNIZES
EAGLE COMMUNITY CREDIT UNION
2023 CHAMPION SPONSOR
Thank you for your support and contribution.
December 5, 2023
____________________________
DOUG CIRBO
MAYOR
____________________________
SCOTT VOIGTS
COUNCIL MEMBER
_____________________________
MARK TETTEMER
MAYOR PRO TEM
_____________________________
ROBERT PEQUEÑO
COUNCIL MEMBER
____________________________
BENJAMIN YU
COUNCIL MEMBER
Item: 1
15 Attachment 3
Item: 1
16 BENEFIT
SPONSORSHIP LEVELS
Title$2,500 Diamond$1,000 Platinum$500 Gold$250 Silver$100 Certificate ofRecognition
Recognition on City Website
Logo Featured onMarketing Materials
Event Booth (If Applicable)
Shared Social MediaPosts
Recognition DuringEvent Announcements
Logo Featured in The Leaflet (Half Page)
Logo Featured in The Leaflet (Quarter Page)
CHAMPION SPONSORSHIP - $10,000
Ensures Title Sponsor benefits for all Signature Events and Special Events, within calendar year. Sponsorships received and approved prior to or during themonth of January will receive full benefits. Proration not permitted.
The City of Lake Forest
Community Services
Division offers sponsorship
opportunities for its
Signature Events and Special
Events. The Sponsorship Spotlight
program is designed to provide businesses
with significant recognition for their support
and contributions.
Sponsorship levels range from $100 to
$10,000 to accommodate any budget, each
with a unique set of benefits. The City aims
to ensure a mutually beneficial relationship
between your business
and the community.
20242024SPONSORSHIPSPONSORSHIPSPOTLIGHTSPOTLIGHT
City of Lake Forest
Community Services Division
OPPORTUNITIESOPPORTUNITIES SPONSORSHIPSPONSORSHIPLEVELSLEVELS Submit YourSubmit Your
Application Today!Application Today!
For more information, visit the
Special Events page at
www.lakeforestca.gov
Item: 1
17 TREE LIGHTING
Ignite the festive season at our Annual Tree Lighting
Ceremony taking place at the heart of the Civic Center
Campus. Join us in December for the glow of twinkling
lights and holiday cheer as we illuminate the campus tree to officially mark the start of the holiday season.
Average Attendance: 2,500
SIGNATURE EVENTSSIGNATURE EVENTS HALLOWEEN SPOOKTACULAR A wicked good time for everyone! This family-friendly
Halloween Spooktacular offers activities for all ages! The Sports Park will be transformed into a haunted structure, featuring games, crafts, trunk-or-treats, and a pumpkin carving contest. Children are encouraged to wear their
costumes as they join in the fun!
Average Attendance: 3,000
SNOWFEST
Hit the snow-laden slopes at Pittsford Park for this annual snow spectacular! Both kids and adults are invited to play in the snow at this special event. Sleds and saucers are available to slide down Mount Pittsford. The play snow
area, designed for kids 10 and under, is open throughout the entire event. Enjoy additional attractions, games, and fun photo opportunities. Food and drinks are available for a nominal fee.
Average attendees: 3,000
BUNNY BLAST
Join us for everyone's favorite springtime event! Enjoy a fun-filled day with the entire family, featuring game
booths, rides, music, and other exciting activities. Use bags and baskets to collect eggs filled with candy from themed egg stations. The first 1,000 young friends can
participate in the egg-cellent egg stations! Don't miss the opportunity to visit and take pictures with both Nectar and Hoppy, The Spring Bunny.
Average attendees: 3,00 0
FOURTH OF JULY PARADE
Wave your flag high on the Fourth of July! The City of
Lake Forest has been hosting its annual Fourth of July
Parade since its incorporation in 1991. The parade follows an established route, starting with a pancake breakfast and a 5k run/walk. The event offers a variety of activities.
Show your patriotism by joining us and supporting your
community!
Average Attendance: 12,000
CONCERTS IN THE PARK
Get ready for a summer symphony under the stars at our
Concerts in the Park series! Join us in June, July, and August for a musical extravaganza like no other. But
that's not all – our August concert comes with an extra twist, featuring an exciting Car Show! Bring your picnic blankets and dancing shoes to enjoy a variety of tunes in a vibrant outdoor setting.
Average Attendance: 12,000
COMMUNITYCOMMUNITY
OUTREACHOUTREACH Average Media Reach: 120,000Average Media Reach: 120,000 The City of Lake Forest hosts 4 Signature
Events annually, advertised to a broad
audience through multiple channels: The
Leaflet, a quarterly publication distributed
to 35,000 residents, and the City's social
media accounts, engaging more than
55,000 followers.
Sponsoring a City event offers your
business the opportunity to connect with
this extensive audience. With over 50,000
attendees at City events each year, these
methods demonstrate successful
communication with the community.
SPECIALSPECIAL EVENTSEVENTS
Average Media Reach: 100,000Average Media Reach: 100,000
SANTA EVENTS
(Series of 3)
Breakfast with Santa
Calls from Santa
Letters from Santa
Average Attendees: Up to 3,000Average Attendees: Up to 3,000
PET EXPO &
SPRING BOUTIQUE
MULTICULTURAL EVENT
FALL BOUTIQUE
S U M M E RS U M M E R
S P R I N GS P R I N G
F A L LF A L L
W I N T E RW I N T E R
MOVIES IN THE PARK
(Series of 3)
FAMILY CAMPOUT
*New
Item: 1
18 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/5/2023
DEPARTMENT: Management Services
SUBJECT:
RECOGNITION OF THE 2023 LAKE FOREST ACADEMY GRADUATES
RECOMMENDED ACTION(S):
Recognize graduates of the 2023 Lake Forest Academy.
EXECUTIVE SUMMARY:
Previously known as the Citizens Leadership Academy, the Lake Forest Academy was launched in 2003, giving residents an inside look at City operations and detailing the daily functions of each department. This eight-week course includes presentations from each City department, as well as from partner agencies including the Orange County Sheriff's Department, the Orange County Fire Authority, El Toro Water District, Irvine Ranch Water District, Southern California Edison, and the Lake Forest Community Emergency Response Team (“CERT”).
The 2023 cohort consisted of 19 members, each receiving a Certificate of Recognition:
•Nigel Blackwell
•Jaime Brown
•Ken Brown
•Tim Bruton
•Carol Bruton
•Deborah Fallica
•Marcel Felix
•Melanie Franceschini
•Kathleen Gelberger
•Jim Hansen
•Joanne Jin
•Zia Jones
•Ed Liou
•Joseph Lloren
•Elsa Monte
•Anil Patel
Item: 2
19 •Sanjay Sharma
•Amy Taylor
•Jacqueline Wong
Tonight, the City Council will have the opportunity to present the Certificate of Recognition to each of the 19 graduating members of the 2023 Citizen’s Leadership Academy cohort.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
Lake Forest Academy Graduate Certificate
Initiated By: Noel Gomez, Communications and Marketing Specialist Submitted By: Jonathan Volzke, Communications and Marketing Manager Approved By: Debra Rose, City Manager
Item: 2
20 5
2 6
9 7
ATTACHMENT
Item: 2
21 5
2 6
9 7
CERTIFICATE OF COMPLETION
THE LAKE FOREST CITY COUNCIL
HEREBY RECOGNIZES
NAME
FOR COMPLETING THE
CITY OF LAKE FOREST
2023 LAKE FOREST ACADEMY
December 5, 2023
_______________________________
DOUG CIRBO
Mayor
__________________________
MARK TETTEMER
Mayor Pro Tem
__________________________
ROBERT PEQUEÑO
Council Member
__________________________
SCOTT VOIGTS
Council Member
__________________________
BENJAMIN YU
Council Member
Item: 2
22 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/05/2023
DEPARTMENT: City Manager
SUBJECT:
RECOGNITION OF LAKE FOREST BUSINESSES NAMED IN THE ORANGE COUNTY REGISTER'S "BEST OF OC" AWARD PROGRAM
RECOMMENDED ACTION(S):
Recognize the Lake Forest award winners of the "Best of OC" 2023.
EXECUTIVE SUMMARY:
The Orange County Register’s “Best of Orange County” (“Best of OC”) is an annual publication that recognizes Orange County’s finest places to eat, shop, play, and visit, as chosen by Orange County Register readers. Readers vote to determine the top three choices in over 75 categories, including Places to Go/Things to Do, Shopping & Services, Luxury Lifestyle, Food & Drink, and Home & Garden.
This year’s edition celebrated the 30th year of the Best of OC publication and 29 Lake Forest-based businesses were featured in the publication. Of these businesses, seven won first place in their respective categories. The 2023 Best of OC award winners located within Lake Forest are listed in Table 1 below. All Lake Forest businesses who received recognition in the publication were invited to attend the City Council meeting to receive a Certificate of Recognition (Attachment 1). Those not in attendance will have their certificates delivered by Economic Development staff.
Table 1: 2023 Best of OC Lake Forest Recognitions
2023 Orange County Register’s Best of OC List
Business Name Category Rank
Kumon Best Tutoring Service 2nd
Bank of America Best Bank 2nd
Chase Bank Best Bank 2nd
Item: 3
23 2023 Orange County Register’s Best of OC List
Business Name Category Rank
Orange County's Credit
Union
Best Credit Union 2nd
Lollipop Dental Best Dental Practice 1st
LA Fitness Best Fitness
Center/Bootcamp
2nd
Stater Bros. Best Grocery Store 2nd
Ralphs Best Grocery Store 3rd
Goodwill of Orange
County
Best Thrift Store 1st
The Salvation Army Best Thrift Store 3rd
The Salvation Army Best Charitable
Organization
2nd
BevMo! Best Wine Selection 3rd
VCA Animal Hospitals Best Pet
Clinic/Veterinary
Hospital
2nd
Lucille's Smokehouse
Bar-B-Que
Best Barbeque 1st
In-N-Out Burger Best Burger 1st
The Habit Burger Grill Best Burger 2nd
Chick-fil-A Best Chicken 1st
Raising Cane's Chicken
Fingers
Best Chicken 2nd
El Pollo Loco Best Chicken 3rd
Handel's Homemade Ice
Cream & Yogurt
Best Frozen Yogurt/Ice
Cream
1st
Item: 3
24 2023 Orange County Register’s Best of OC List
Business Name Category Rank
Yogurtland Best Frozen Yogurt/Ice
Cream
2nd
Avila's El Ranchito Best Mexican
Restaurant
2nd
Mountain Mike's Best Pizza 3rd
Outback Steakhouse Best Steakhouse 3rd
Renwes Appliances, Inc. Best Appliance Store 3rd
Home Depot Best Home Improvement
Store
1st
Teresina | Shea Homes Best New Home
Community
2nd
Freedom Village Best Senior Living
Community
2nd
SunMed Best CBD Store 2nd
Copies of the publication were sent to the homes of Orange County Register subscribers. This evening, staff recommends the City Council recognize the achievements of the various Lake Forest businesses that were commended in this year’s Best of OC.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
Sample Certificate of Recognition
Initiated By: Hope Hairrell, Management Assistant
Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 3
25 ATTACHMENT
Item: 3
26 CERTIFICATE OF
RECOGNTION
THE LAKE FOREST CITY COUNCIL
HEREBY RECOGNIZES
Business Name
For placing [Rank] in the [Category Name]
Category for Orange County Register’s
Best of Orange County 2023 Publication
December 5, 2023
DOUG CIRBO
Mayor
MARK TETTEMER
Mayor Pro Tem
ROBERT PEQUEÑO
Council Member
SCOTT VOIGTS
Council Member
BENJAMIN YU
Council Member
Item: 3
27 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/05/2023
DEPARTMENT: City Manager
SUBJECT:
EMPLOYEE SERVICE AWARDS
RECOMMENDED ACTION(S):
Present Employee Service Awards to those present.
EXECUTIVE SUMMARY:
On June 4, 2002, the City Council established the Employee Service Award Program based upon years of service. All City of Lake Forest employees are eligible for the program, apart from contract and temporary employees. This evening, the City recognizes fourteen (14) employees for their years of service to the City of Lake Forest. As part of the recognition program, employees receive $100 for each five-year service milestone ($20 per year).
Name Title Hire Date
Service Award
Eligibility
Breana Frausto Recreation Specialist 4/24/2018 5 years
Caitlin Schafer Recreation Coordinator 4/24/2018 5 years Steve Snyder Senior Recreation Leader 5/08/2018 5 years K Yoshino Facilities Manager 6/04/2018 5 years
Devin Boede Senior Recreation Leader 5/09/2013 10 years Jonathan Poole Senior Management Analyst 5/20/2013 10 years Item: 4
28 2
2 6
4 Name Title Hire Date
Service Award
Eligibility
Douglas Erdman Engineering Services
Mngr./Asst. City Engineer 03/04/2013 10 years
Adrian Grijalva
Economic
Development/Housing
Manager
12/10/2013 10 years
Peter Meier Environmental Compliance
Inspector 12/16/2013 10 years
Ron Santos Senior Planner 10/01/2008 15 years
Douglas McBratney Information Technology
Manager 12/15/2008 15 years
Scott Stewart Senior Recreation
Supervisor 12/01/2003 20 years
Nick Gates Senior Communications &
Marketing Analyst 12/01/2003 20 years
Gayle Ackerman Director of Community
Development 3/08/1993 30 years
____
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
The appropriate funds are available in the Fiscal Year 2023-24 Budget.
ATTACHMENTS:
Sample Employee Service Award
Initiated By: Mika Toyooka, Management Assistant
Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 4
29 Attachment 1
Item: 4
30 Certificate of Appreciation
Five Year
Service Award
The Lake Forest City Council
recognizes
Employee
Title
2018 ~ 2023
In gratitude for five years of dedicated service to the City of Lake Forest.
Doug Cirbo
Mayor
Mark Tettemer
Mayor Pro Tem
Robert Pequeno
Council Member
Scott Voigts
Council Member
Benjamin Yu
Council Member
Item: 4
31 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/5/2023
DEPARTMENT: City Manager
SUBJECT:
MAYOR'S AWARD
RECOMMENDED ACTION(S):
Present Mayor’s Award to the selected recipient
EXECUTIVE SUMMARY:
In May 2018, the City Council established a Mayor’s Award to be awarded annually based upon exceptional performance by a staff member. Five nominations were submitted by City employees and three finalists were reviewed by the City Council Ad-Hoc committee, comprised of the Mayor, Mayor Pro- Tem, City Manager and Deputy City Manager. Tonight, the Mayor’s Award will be presented to the selected winner, whom the City Council Ad-Hoc committee felt best exemplified the established criteria over the past year.
BACKGROUND:
In May 2018, the City Council established a Mayor’s Award to be awarded annually based upon exceptional performance by an employee or a group of employees. The policy was updated in January 2023, to include the City Manager and designee to the City Council Ad-Hoc committee for review.
Nominations are submitted by City employees and members of the City Council using the Mayor’s Award Nomination Form. Received nominations are then reviewed by the Management Team. The Management Team recommends three to five “finalist” nominees for the City Council Ad-Hoc committee to review. The City Council Ad-Hoc committee, comprised of the Mayor, Mayor Pro-Tem, City Manager, and Deputy City Manager will select one employee or group of employees from the finalists who they feel best exemplifies the established criteria.
Nominations for the Mayor’s Award are presented to employees who have demonstrated excellence in one or more of these criteria areas:
Item: 5
32 2
8 2
4 1.Performance: Continued and repeated excellence in overall job performance, which exceeded job requirements and achieved outstanding results.
2.Problem-solving: Solved an extraordinary problem or achieved a considerably difficult goal.
3.Innovation: Successfully implemented an innovative idea where an outstanding result, such as significant cost savings or maximized program effectiveness was identified.
4.Outstanding Act: Achieved an outstanding act, which brings positive recognition to the City from the public or media.
5.Customer Service: Provided exceptional support to a resident or City department, division, project, group or individual.
6.Teamwork: Efforts created excellent teamwork, resulting in a significant accomplishment by the team.
7.Community Contribution: Facilitating a positive change by contributing time, talent, or leadership to one or more community organizations.
DISCUSSION:
The following employees were selected as finalists for the Mayor’s Award:
1.Caleb Brown: Caleb works as the Accounting Manager in the Finance Department. Caleb is consistently recognized for having a positive attitude and always being willing to help solve problems. Caleb is an exceptional team player and readily shares his knowledge to make a positive impact.
Caleb provides great leadership while working as a team player and consistently demonstrates his strong commitment to the organization.
2.Darrell Hill: Darrell has been with the City since 2005 and is the Code Enforcement Supervisor within the Community Development Department, Code Enforcement Division. Darrell has demonstrated exceptional efforts to successfully shut down and eliminate all illegal marijuana dispensaries in Lake Forest. Darrell also contributed to enacting an Emergency Abatement Ordinance that worked to eliminate profit incentives for the illegal dispensaries. Darrell continues to make significant contributions and is a valued team leader in the organization.
3.Naz Mokarram: Naz is the Principal Civil Engineer in the Public Works Department. Naz consistently demonstrates outstanding performance, shows outstanding problem-solving abilities, and provides exceptional customer service. Naz is consistently recognized for careful oversight on various Capital Improvement Projects which exemplify her exceptional Item: 5
33 2
8 2
4 accomplishments, benefit the city, and set a high standard for public service.
Tonight, the Mayor’s Award will be presented to the selected winner, whom the City Council Ad-Hoc committee felt best exemplified the established criteria over the past year. The award finalists will receive a Certificate of Recognition from the City Council. The award recipient will receive a Certificate of Recognition from the City Council, City plaque, and $250 gift card to a Lake Forest business or restaurant.
________________________________________________________________ FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
1. City Council Policy: Mayor’s Award
2. Sample Recognition Certificate
Initiated By: Mika Toyooka, Management Assistant
Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 5
34 Attachment 1
Item: 5
35
CITY COUNCIL POLICY: MAYOR’S AWARD
Revised January 3, 2023
A. Purpose
This policy is established to identify and recognize outstanding achievement by a Lake Forest employee or group of employees who has fulfilled one or more of seven developed criteria areas.
B. Applicability of Policy
This policy applies to any group or individual classified as a full-time employee(s) in good standing with the City. Any employee(s) that received the annual award shall not be eligible to receive it again for three subsequent calendar years.
C. Criteria
1. Performance: Continued and repeated excellence in overall job performance, which exceeded job requirements and achieved outstanding results.
2. Problem-solving: Solved an extraordinary problem or achieved a considerably difficult goal.
3. Innovation: Successfully implemented an innovative idea where an outstanding result, such as significant cost savings or maximized program effectiveness, was identified.
4. Outstanding Act: Achieved an outstanding act, which brings positive recognition to the City from the public or media.
5. Customer Service: Provide exceptional support to a resident or City department, division project, group or individual.
6. Teamwork: Efforts created excellent teamwork, resulting in a significant accomplishment by a team.
7. Community Contribution: Facilitating a positive change by contributing time, talent, or leadership to one or more community organizations.
D. Process
1. The Mayor’s Award will be presented to one employee or group of employees annually by City Council.
Item: 5
36
2. The Management Services Department will oversee the nomination and selection process.
3. Nominations:
a. Nominations will be submitted by City employees or members of the City Council.
b. Nominations will be submitted using the Mayor’s Award Nomination Form which will be available on the employee intranet or in the Human Resources Division. Additional supporting documentation, such as correspondence relating to the employee’s performance, could also be attached.
c. All completed nomination forms will need to be submitted to Human Resources by October 1 to begin the selection process.
4. Selection:
a. Received nominations will be reviewed by the Management Team.
If a member of the Management Team is nominated, that person will be excluded from the review process.
b. The Management Team will recommend three to five “finalist” nominees for the City Council Ad-Hoc committee to review. c. The Ad-Hoc committee, comprised of the Mayor, Mayor Pro- Tem, City Manager and/or her designee will select one
employee or group of employees from the finalist group who they feel best exemplifies the established criteria.
5. Recognition:
a. The finalist selected would be recognized at a City Council meeting during the month of December.
b. The award recipient(s) shall receive the following as a result of being selected:
i. Certificate of Recognition from the City Council
ii. A City plaque
iii. $250 gift card to a Lake Forest business or restaurant Item: 5
37 Attachment 2
Item: 5
38 Certificate of Achievement
Mayor’s Award
Recipient
The Lake Forest City Council
recognizes
Employee Name
In gratitude of exemplary service to the
City of Lake Forest.
Doug Cirbo
Mayor
Mark Tettemer
Mayor Pro Tem
Robert Pequeno
Council Member
Scott Voigts
Council Member
Benjamin Yu
Council Member
Item: 5
39 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/5/2023
DEPARTMENT: City Clerk
SUBJECT:
PRESENTATION FROM KRIS MURRAY, EXECUTIVE DIRECTOR,
ASSOCIATION OF CALIFORNIA CITIES, ORANGE COUNTY (ACC-OC) RECOMMENDED ACTION(S):
Receive the presentation.
EXECUTIVE SUMMARY:
The Association of California Cities–Orange County (“ACC-OC”) represents the interests of Orange County cities on regional public policy issues. ACC-OC believes in representation that empowers cities through education, advocacy, and collaboration. The ACC-OC membership consists of cities located in Orange County, local government special districts, businesses, non-profits, and higher education institutions. ACC-OC is governed by a board of Directors and operates as a 501c3. The organization was established in 2011 under the philosophy that Orange County cities need to have a collaborative voice on public policy issues impacting cities at the local level.
Tonight, Kris Murray, Executive Director of ACC-OC will provide the City Council with an executive update. The update will include a summary of activities and actions that the Association has accomplished this year. Executive Director Murray will also review the goals and scheduled events for 2024.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
ATTACHMENTS:
None.
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 6
40 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/5/2023
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: 7
41 MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST
The regular meeting of the City Council of the City of Lake Forest held Tuesday, November 21, 2023, at the Lake Forest City Council Chambers, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 p.m. with all members present.
ROLL CALL:
Council Members:
Robert Pequeño
Scott Voigts
Benjamin Yu
Mayor Pro Tem: Mark Tettemer
Mayor: Doug Cirbo
City Manager: Debra Rose
City Attorney: Scott Smith
City Clerk: Lisa Berglund
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Number of potential cases: 1
ACTION: Conduct closed session.
RECESS: City Council recessed to Closed Session for the purpose of conducting regular City business.
At 6:30 p.m. Mayor Cirbo reconvened Open Session with all members present.
CLOSED SESSION REPORT: City Attorney Smith had no action to report.
PUBLIC COMMENT: No public comment was offered.
INVOCATION: The Invocation was provided by Chaplain Charles Williams, Orange County Sheriff’s Department.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Boy Scout Troop #628.
Item: 8
42 November 21, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 5 PRESENTATIONS: (Item Nos. 2 – 3)
2. RECOGNITION OF THE 2023 HALLOWEEN LIGHTS CONTEST WINNER City Manager Rose introduced this item and invited Senior Communication and Marketing Analyst Gates to provide a presentation. No public comment was offered.
ACTION: The winner of the 2023 Halloween Lights Contest, Tom Johnson was recognized.
3. 2023 Veterans Day Tribute Video
City Manager Rose introduced this item and invited Communication and Marketing Manager Voltzke to provide a presentation. No public comment was offered.
ACTION: The video was received and filed.
PUBLIC COMMENTS:
Rita Bradley spoke on her concerns over safety issues posed by the use of E-Bikes by children.
Walter Nobrega spoke on the Regency Fire and requested results from the Orange County Fire Authority’s investigation into the cause of the fire as well as efforts to prevent future fires. He also spoke on his concerns over the proposed use of electric trucks for solid waste services.
Bob Holtzclaw spoke on his concerns over Council Member Yu’s comments on diversity, conditions at Heroes Park, broken windows at Smart and Final, day laborers at Home Depot, and E-bike usage by children.
CONSENT CALENDAR: (Item Nos. 4 – 9)
STATEMENT READ INTO THE RECORD:
Council Member Voigts: There is a warrant on the register to the County of Orange. I am an employee of the County of Orange, but I do not work for the department that generated the warrant. Because the County of Orange is a public agency and because I do not work for the department in question, I have determined that I have a non- interest in this warrant and will vote on this item.
Mayor Pro Tem Tettemer: There are warrants on the register to the Irvine Ranch Water District. I am an employee of the Irvine Ranch Water District, but I do not work for the MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to approve Presentation Item Nos. 2 –3. The motion was carried by a vote of 5/0.
Item: 8
43 November 21, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 5 department that generated these warrants. Because the Irvine Ranch Water District is a public agency and because I do not work for the department in question, I have determined that I have a non-interest in these warrants and will vote on these warrants.
Mayor Cirbo: There is a warrant on the register to All City Management Services. My wife is an employee of the ACMS and I have determined that I have a remote interest in this warrant and will abstain from voting on that warrant.
Council Member Yu pulled Item No. 9 for discussion.
MOTION: It was moved by Council Member Voigts, seconded by Council Yu, to approve Consent Calendar Item Nos. 4 – 8. The motion was carried by a vote of 5/0, with Mayor Cirbo abstaining from the ACMS warrant.
4. 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.
5. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 7, 2023
ACTION: The minutes were approved as submitted.
6. CERTIFICATION OF WARRANT REGISTER
ACTION: The warrant register in the amount of $4,908,467.18 was approved.
7. AMENDMENT TO CLASSIFICATION PLAN AND COMPENSATION
SCHEDULE FOR FISCAL YEAR 2023-24
ACTION: A Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST, CALIFORNIA, ADOPTING A REVISED CLASSIFICATION PLAN AND COMPENSATION SCHEDULE was adopted.
8. MASTER REIMBURSEMENT AGREEMENT WITH IRVINE RANCH WATER
DISTRICT FOR CITY STREET IMPROVEMENT PROJECTS
ACTION: 1. The Master Reimbursement Agreement with the Irvine Ranch Water District (“IRWD”) for work conducted on IRWD facilities as part of future City Street Improvement Projects was approved. 2. The Mayor was authorized to sign, and the City Clerk to attest, the Master Reimbursement Agreement, substantially in the form attached.
Item: 8
44 November 21, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 5 ITEM PULLED FOR DISCUSSION: (Item No. 9)
9. CONSIDERATION OF FIFTH FUNDING PHASE FOR THE CITY'S SHOP & DINE COMMUNITY GIFT CARD PROGRAM WITH YIFTEE, INC.
Council Member Yu asked clarifying questions on the program and City Manager Rose and Economic Development Manager Grijalva answered. No public comment was offered.
MOTION: It was moved by Council Member Yu, seconded by Council Member Voigts, to: 1. Authorize the City Manager to enter into the attached BOGO Campaign Quickstart Agreement with Yiftee, Inc. and solely include the $50 and $100 gift card options in the Shop & Dine Community Gift Card Program, and 2.
Adopt a Resolution Entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2023-2025 OPERATING BUDGET; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2023-24. The motion was carried by a vote of 5/0.
DISCUSSION/ACTION ITEMS: (Item Nos. 10 – 11)
10. PARKING ENFORCEMENT PROGRAM UPDATE
City Manager Rose introduced this item and invited Deputy City Manager McGovern to provide a presentation. No public comment was offered. Council member questions were asked and answered.
ACTION: This update was received and filed.
11. BIKE LANE TREATMENTS FOR TRABUCO ROAD BETWEEN BAKE
PARKWAY AND PEACHWOOD AND FOR LAKE FOREST DRIVE BETWEEN
BAKE PARKWAY AND PORTOLA PARKWAY
City Manager Rose introduced this item and invited Public Works Director Wheeler to provide a presentation. No public comment was offered. Council member questions were asked and answered.
MOTION: It was moved by Mayor Pro Tem Tettemer, seconded by Council Member Pequeño, to approve the implementation of enhanced bike lane treatments to upcoming and future pavement rehabilitation and slurry seal projects. The motion was carried by a vote of 5/0.
CITY MANAGER'S REPORT: City Manager Rose reported on the Lake Forest Chamber of Commerce’s Elf Yourself 5k held on November 18, 2023.
CITY COUNCIL COMMENTS:
Council Member Pequeño: Council Member Pequeño reported on his attendance Item: 8
45 November 21, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 5 at the Elf Yourself 5k, a United Way round table on
homelessness, and the Legislative Luncheon hosted
by the Chamber of Commerce.
Council Member Voigts: Council Member Voigts reported on his attendance at the Legislative Luncheon hosted by the Chamber of
Commerce. He praised the Chamber of Commerce
and wished everyone a Happy Thanksgiving.
Council Member Yu: Council Member Yu reported on his attendance at an Orange County Sheriff’s town hall event on public
safety. He appealed to the community to educate their
children on e-bike safety.
Mayor Pro Tem Tettemer: Mayor Pro Tem Tettemer reported on his attendance at the Elf Yourself 5k, the Legislative Luncheon hosted by the Chamber of Commerce, an Orange County
Sheriff’s town hall event on public safety, and the
Veteran’s Day event at El Toro Memorial Park. He
wished everyone a Happy Thanksgiving.
Mayor Cirbo: Mayor Cirbo reported on his attendance at the Elf Yourself 5k, Legislative Luncheon hosted by the
Chamber of Commerce, the grand opening of the
Portola Senior Apartments, and the Veteran’s Day
event at El Toro Memorial Park. He encouraged
everyone to practice gratefulness. He thanked city
staff and residents, and wished everyone a Happy
Thanksgiving.
ADJOURNMENT: The Regular Meeting of the City Council was adjourned at 7:46 p.m.
Respectfully submitted:
APPROVED:
LISA BERGLUND DOUG CIRBO
CITY CLERK MAYOR
Item: 8
46 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/5/2023
DEPARTMENT: Public Works
SUBJECT:
AMENDMENT TO AGREEMENT FOR TRAFFIC ENGINEERING SERVICES WITH HARTZOG AND CRABILL, INC.
RECOMMENDED ACTION(S):
1. Approve the First Amendment to the Professional Consultant Services Agreement for Traffic Engineering Services with Hartzog and Crabill, Inc.
2. Authorize the Mayor to sign, and the City Clerk to attest the First Amendment with Hartzog and Crabill, Inc., substantially in the form attached.
EXECUTIVE SUMMARY:
The Public Works Department utilizes traffic engineering consultants to provide support for the Traffic Engineering Division. Consultants provide technical support to the Traffic Engineering Manager, which may include reviewing development plans, conducting traffic studies, providing design services, providing construction administration support, procuring grant funding, responding to residents, and completing other tasks, as necessary.
In December 2020, the City Council awarded a $480,000 agreement to Hartzog & Crabill, Inc. (“HCI”) for Traffic Engineering Consulting Services (Attachment 1).
The agreement was for the City’s standard agreement term of three years with two one-year extensions available at the City Council’s discretion. HCI has met all the requirements of their contract to date and staff recommends extending the agreement for a one-year term and increasing the agreement compensation by $350,000. Staff recommends increasing the agreement compensation to match the anticipated expenditures included in the 2023-2025 Operating Budget for on- going traffic engineering support work and to complete any necessary additional work for the additional one-year term. This would increase the total compensation to a not-to-exceed amount of $830,000.
Therefore, staff recommends the City Council approve the Amendment to HCI to extend the term of the agreement and increase the total compensation under the agreement to $830,000. The proposed agreement was prepared by the Finance Item: 9
47 department and has been approved as to form by the City Attorney. Sufficient funds exist in the 2023-25 Operating Budget and the 2023-25 Capital Improvement Program Budget for the recommended action.
BACKGROUND:
The Public Works Department utilizes consultant services to provide staff support for the Traffic Engineering Division. Consultants provide technical support to the Traffic Engineering Manager, which may include reviewing development plans, conducting traffic studies, providing design services, providing construction administration support, procuring grant funding, responding to residents, and other tasks, as necessary.
Previously, the City had utilized Hartzog & Crabill, Inc. (“HCI”) for On-Call Traffic Consultant Services under a prior agreement from November 2015 through November 2020. HCI had provided generalized staff support including conducting development reviews and other reimbursable tasks, preparing special studies, managing the Lake Forest Transportation Mitigation (“LFTM”) program and model, providing design services, providing construction administration support for Capital Improvement Program (“CIP”) projects, identifying and procuring grant funding, and completing other traffic engineering tasks, as necessary.
In December 2020, the City Council approved an agreement with HCI in the amount of $480,000 for a three-year term starting from January 1, 2021, to December 31, 2023, to provide Traffic Engineering Consulting Services. Per the Purchasing and Contracting Guidelines, a competitive procurement process was conducted and HCI was the selected and awarded the agreement.
DISCUSSION:
The scope of work for Traffic Engineering Services includes a variety of services to assist the Traffic Engineering Division. The services include preparing routine and special traffic engineering studies, providing design services, conducting development reviews, overseeing traffic signal monitoring and operations, reviewing street sweeping issues, reviewing parking issues, providing Capital Improvement Program (“CIP”) project reviews, and other related work.
As anticipated within the 2023-2025 Operating Budget, work to be assigned to HCI over the next year includes:
•Development Review – This work, up to $80,000, includes reviews associated with major developments such as The Meadows, various Item: 9
48 potential industrial developments, and fiber optic and other utility infrastructure improvements.
•CIP Review – This work, up to $120,000, includes review of project design plans, project specifications, and construction engineering support of 40 street and traffic related projects from the 2021-2023 CIP and 2023-2025 CIP. These include the following projects:
•Lake Forest Transportation Mitigation (“LFTM”) Program Projects oBake Parkway and Jeronimo Road Widening Project
oLake Forest Drive and Jeronimo Road Widening Project
oLake Forest Drive and Rancho Parkway De-Facto Lane
Project
oLos Alisos Boulevard / Rockfield Boulevard De-Facto Lane Project
•Foothill Circulation Phasing Plan (“FCPP”)
oEl Toro Road and Jeronimo Road Realignment Project
oEl Toro Raised Medians Project
oLos Alisos Boulevard and Muirlands Boulevard Widening
Project
•Developer Funded Projects
oBake Parkway and Toledo Way Widening Project
•Traffic Signal Synchronization Program (“TSSP”) Projects oAlton Parkway TSSP
oBake Parkway / Rockfield Boulevard TSSP
oIrvine Boulevard / Trabuco Road TSSP
oLake Forest Drive TSSP
oPortola Parkway TSSP
oCountywide Baseline TSSP
•Community Development Block Grant (“CDBG”) Funded Projects oAccessible Pedestrian Signal Systems Projects
oADA Curb Ramps Projects
•Traffic Engineering Studies and Review – This work, up to $75,000, includes the Engineering and Traffic Survey, which establishes posted speeds limits in the City, the review of Heavy Vehicle Impact Study, the review of the Traffic Operations Improvement Study, and other studies associated with parking and street sweeping.
Item: 9
49 •Traffic Engineering Staff Support – This work, up to $75,000, includes assistance with permit parking review, street sweeping review, and resident inquiries and support.
Shown below in Table 1 is the current agreement compensation status for the Professional Consultant Services Agreement with HCI including the proposed increase in total compensation in the First Amendment. It should be noted that HCI has decided to not request an increase in hourly rates and will keep the original contract fee schedule.
Table 1: Consultant Agreement Compensation Status
AGREEMENT COMPENSATION STATUS
Approved Current Agreement Amount $480,000.00
Current Contract Expenditures $430,464.88
Current Remaining Contract Amount $ 49,535.12
Proposed First Amendment Additional Compensation $350,000.00 TOTAL PROPOSED CONTRACT AMOUNT (Not-to-Exceed) $830,000.00 Developer and CIP-related projects are funded directly by the project-specific budgets. The proposed First Amendment to the Agreement with HCI (Attachment 2) would provide sufficient contract authority to support these projects as the need arises.
Vendor Performance Assessment
Pursuant to the City’s Purchasing and Contract Guidelines, staff completes a vendor performance assessment during the preparation of a proposed contract amendment. The vendor performance assessment is used as a guide to determine whether a contract should be amended, renewed, or terminated based on performance in the following categories: performance of scope of services; timeliness; budget performance; and customer service. Utilizing an evaluation form, staff rates the consultant in each category as shown in Table 2.
Table 2: Consultant Performance Review
Hartzog and Crabill, Inc. – Performance Review
January 1, 2021, through October 3, 2023
Category Unsatisfied – Very Satisfied
Performance of Scope of
services
☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A
Timeliness ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A Budget Performance ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A Customer Service ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A Item: 9
50 The chart above provides an overall summary of HCI’s performance during the evaluation period and the duration of the original agreement term. HCI received an overall rating of “very satisfied” on this assessment, which means HCI is eligible for an amendment.
Therefore, staff recommends the City Council approve the First Amendment to HCI to increase the total compensation of the contract to $830,000 to match the 2023-2025 Operating Budget and to extend the term of the agreement by one year. Sufficient funds exist in the 2023-2025 Operating Budget and the 2023- 2025 Capital Improvement Program Budget for the recommended action.
FISCAL IMPACT:
The proposed First Amendment to the Agreement with HCI increases the contract authority by $350,000 to a not-to-exceed total compensation amount of $830,000 at the same hourly rates. Of the $350,000 in additional compensation, staff expect approximately $80,000 to be development review related, which would be fully reimbursable, and up to $120,000 to be Capital Improvement Program project related.
Sufficient funds exist in the 2023-2025 Operating Budget and the 2023-2025 Capital Improvement Program Budget to cover the costs of the recommended action.
ATTACHMENTS:
1. Professional Consultant Services Agreement with HCI
2. First Amendment to the Professional Consultant Services Agreement with HCI
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: 9
51 ATTACHMENT 1
Item: 9
52 Item: 9
53 Item: 9
54 Item: 9
55 Item: 9
56 Item: 9
57 Item: 9
58 Item: 9
59 Item: 9
60 Item: 9
61 Item: 9
62 Item: 9
63 Item: 9
64 Item: 9
65 Item: 9
66 Item: 9
67 Item: 9
68 Item: 9
69 Item: 9
70 Item: 9
71 ATTACHMENT 2
Item: 9
72 55136.00200\31919338.1 - 1 -
CITY OF LAKE FOREST
FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
1. PARTIES AND DATE.
This First Amendment to the Agreement for Professional Consultant Services (“First Amendment”) is entered into on the [***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, with its principal place of business at 100 Civic Center Drive, Lake Forest, CA 92630 (“City”) and Hartzog and Crabill, Inc., a California Corporation with its principal place of business at 17852 E. 17th Street, Suite 101, Tustin, CA 92780 ("Consultant").
City and Consultant are so metimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for On-Call Traffic Engineering Professional Consulting Services dated December 15, 2020 (“Agreement”).
2.2 First Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and increase the total amount of compensation under the Agreement.
3. TERMS.
3.1 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
The term of this Agreement shall be from January 1, 2021 to December 31, 2024, unless earlier terminated as provided herein.
The City shall have the unilateral option, at its sole discretion, to renew the Agreem ent automatically for no more than one (1) additional one-year term. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed EIGHT HUNDR ED THIRTY THOUSAND DOLLARS ($830,000)
without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
DocuSign Envelope ID: 937FC9B7-CE22-4B80-951C-BA1DA7235BB6 Item: 9
73 55136.00200\31919338.1 - 2 -
3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
CITY OF LAKE FOREST HARTZOG & CRABILL, INC.
By: [AUTHORIZED CITY SIGNATURE]
Doug Cirbo
Mayor
By:
Gerald J. Stock, P.E.
Executive Vice President/Secretary
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
By:
Todd M. Hartzog
Vice President/Treasurer
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
DocuSign Envelope ID: 937FC9B7-CE22-4B80-951C-BA1DA7235BB6 Item: 9
74 55136.00200\31919338.1 Exhibit “A-I”-1
ATTACHMENT “1” TO FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
EXHIBIT “C”
COMPENSATION
Consultant shall be paid for services rendered in accordance with Section 3.3 of the Agreement, and as described above under Scope of Work, the not -to-exceed fee of eight hundred thirty thousand dollars ($830,000). Consultant will be paid on a time-and-materials basis at the hourly rates and fees set forth below.
Staff Member Title Staff Member Hourly Rate
Expert Witness/ Deposition $285
Litigation Consultation $255
Two-Person Survey Crew $255
Litigation Field Evaluation $230
Principal Consultant Mr. Trammell Hartzog $175
Mr. Jerry Stock, PE,TE $175
Project Manager/ Program Manager Mr. Scott Ma, PE, TE $145 Registered Land Surveyor $160
Senior Engineer Mr. Bernie Dennis, TE $150
Storm Water Permit Compliance Engineer $150
Associate Engineer Mr. Michael Vallado $145
Construction Manager $135
Traffic Signal System Supervisor Mr. Greg Cabey $135
Mural Artist $135
Senior Designer Mr. Todd Hartzog $130
Mr. Dave Martorano $130
Traffic Signal Systems Specialist Mr. Dave Pickrell $125 Mr. Michael Powers $125
Assistant Engineer $120
Draftsperson $100
Technician $85
Word Processor $70
Clerical Ms. Patie Hernandez $57
*Traffic Counts (Cost, plus 10%) *
Hourly rates are effective as of November 17, 2020.
Out of pocket expenses (blueprinting, reproduction, printing, and delivery service) will be invoiced at cost. These other direct costs are included in the not-to-exceed values for the Scope of Services.
A 10% fee for administration, coordination, and handling will be added to subcontracted services.
DocuSign Envelope ID: 937FC9B7-CE22-4B80-951C-BA1DA7235BB6 Item: 9
75 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/5/2023
DEPARTMENT: Public Works
SUBJECT:
AMENDMENT TO AGREEMENT FOR TRAFFIC SIGNAL MANAGEMENT
SERVICES WITH ITERIS, INC.
RECOMMENDED ACTION(S):
1. Approve the First Amendment to the Professional Consultant Services Agreement with Iteris, Inc. for Traffic Signal Management Services.
2. Authorize the Mayor to sign, and the City Clerk to attest the First Amendment to the Professional Consultant Services Agreement with Iteris, Inc., substantially in the form attached.
EXECUTIVE SUMMARY:
The City of Lake Forest uses a contract consultant to provide traffic signal management services overseen by the City’s in-house Traffic Engineering Manager. In April 2021, the City requested proposals through a competitive procurement process per the City’s Purchasing and Contracting Guidelines prior to the previous agreement expiring. Through this process, Iteris was identified as the most qualified consultant. Therefore, in June 2021, the City Council approved an agreement with Iteris, Inc. in the amount of $352,000 for a three-year term starting from July 1, 2021, to June 30, 2024, to provide Traffic Signal Management Consulting Services (Attachment 1).
Staff recommends the City Council approve the First Amendment to Professional Consultant Services Agreement with Iteris to increase the total compensation of the contract to $652,000 and extend the term of the agreement through July 31, 2025. The Finance department prepared the proposed First Amendment, and the City Attorney has reviewed and approved the agreement as to form.
Sufficient funds exist in the 2023-2025 Operating Budget and the 2023-2025 Capital Improvement Program Budget for the recommended action.
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76 DISCUSSION:
The scope of work for Traffic Signal Management Services includes a variety of services to assist the Traffic Engineering Division. The services include preparing routine and special traffic signal related engineering studies, producing design services, completing development reviews, overseeing traffic signal monitoring and operations, providing Capital Improvement Program (“CIP”) project reviews, completing traffic signal final inspection and testing, and other related work.
As anticipated within the 2023-2025 Operating Budget, work to be assigned to Iteris over the next year includes:
•Development Review – This work, up to $20,000, includes reviews associated with major developments such as The Meadows as well as various industrial developments.
•CIP Review – This work, up to $150,000, includes reviewing the traffic signal portion of project design plans and project specifications, providing construction engineering support, and completing traffic signal inspection and testing for 40 current and upcoming street and traffic related CIP projects. Current and upcoming street and traffic related CIP projects include the following traffic projects:
•Lake Forest Transportation Mitigation (“LFTM”) Program Projects oBake Parkway and Jeronimo Road Widening Project
oLake Forest Drive and Jeronimo Road Widening Project
oLake Forest Drive and Rancho Parkway De-Facto Lane
Project
oLos Alisos Boulevard / Rockfield Boulevard De-Facto Lane Project
•Foothill Circulation Phasing Plan (“FCPP”)
oEl Toro Road and Jeronimo Road Realignment Project
oEl Toro Raised Medians Project
oLos Alisos Boulevard and Muirlands Boulevard Widening
Project
•Developer Funded Projects
oBake Parkway and Toledo Way Widening Project
•Traffic Signal Synchronization Program (“TSSP”) Projects oAlton Parkway TSSP
oBake Parkway / Rockfield Boulevard TSSP
oIrvine Boulevard / Trabuco Road TSSP
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77 oLake Forest Drive TSSP
oPortola Parkway TSSP
oCountywide Baseline TSSP
•Community Development Block Grant (“CDBG”) Funded Projects oAccessible Pedestrian Signal Systems Projects
•Traffic Signal Management Staff Support – This work, up to $80,000, includes assistance with managing and supporting the centralized traffic management center, also known as the City of Lake Forest Traffic Management Center, and responding to citizen inquiries regarding traffic signal operations.
•Annual Daily Traffic (“ADT”) and Level of Service (“LOS”) Study – This work, up to $50,000, would provide contract authority for two bi-annual studies. The ADT study measures the volume of traffic on each arterial and is used for traffic modeling, forecasting, and by developers for potential business development. The LOS study calculates the efficiency of the operations of a given signalized intersection. Staff utilizes LOS to monitor and improve the efficiency and overall traffic flow throughout the City.
Shown below in Table 1 is the current agreement compensation status for the Professional Consultant Services Agreement with Iteris including the proposed increase in compensation in the proposed First Amendment to the Agreement:
Table 1: Consultant Agreement Compensation Status
AGREEMENT COMPENSATION STATUS
Approved Current Agreement Amount $352,000.00
Current Contract Expenditures $284,216.33
Current Remaining Contract Amount $ 67,783.67
Proposed First Amendment Additional Compensation $300,000.00 TOTAL PROPOSED CONTRACT AMOUNT (Not-to-Exceed) $652,000.00 Vendor Performance Assessment
Pursuant to the City’s Purchasing and Contract Guidelines, staff completes vendor performance assessment during the preparation of a proposed contract amendment. The vendor performance is used as a guide to determine whether a contract should be amended, renewed, or terminated based on performance in the following categories: performance of scope of services; timeliness; budget performance; and customer service. Utilizing an evaluation form, staff rates the consultant in each category as shown in Table 2.
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78 Table 2: Consultant Performance Review
Iteris, Inc. – Performance Review
July 1, 2021, through December 4, 2023
Category Unsatisfied – Very Satisfied
Performance of Scope of
services
☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A
Timeliness ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A Budget Performance ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A Customer Service ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A The chart above provides an overall summary of Iteris’ performance during the evaluation period and the duration of the original agreement. Iteris received an overall rating of “very satisfied” on this assessment, which means Iteris is eligible for an amendment.
Although the three-year term of the contract does not expire until June 30, 2024, the projected costs to support developer funded projects and CIP projects are anticipated to exceed the current total compensation under the agreement. Staff expect about $150,000 of the proposed $300,000 increase to the agreement compensation to be utilized for budgeted Capital Improvement Program project support.
Per the CIP 2023-2025 Budget, the following table reflects the categorized traffic projects and the total cumulative budget for those projects that the Traffic Signal Management Services consultant is expected to support.
Table 3: CIP 2023-2025 Traffic Related Project Budgets
Traffic Related Projects Fiscal Year 2023-24
Budget
Fiscal Year 2024-25
Budget
LFTM Improvement Projects $1,007,800 -
FCPP Improvement Projects $1,525,000 -
Developer Funded Projects $2,112,900 -
TSSP Projects - $ 415,000
Other Street Improvement
Projects $6,003,669 $6,540,000
With many of the developer-funded and CIP projects, it is in the best interest of the City to maintain continuity in the review and implementation of these projects.
Since Iteris has been performing at a “very satisfied” level, staff believes this amendment is justified. The total compensation increase would match the amounts included in the 2023-2025 Operating Budget and would address the Item: 10
79 need for additional support services to ensure uninterrupted traffic signal operations. The proposed amendment includes a 4% increase to hourly rates that would start in Year 4 of the agreement, beginning July 1, 2024. This rate adjustment is consistent with the annual 4% increases included in the original agreement over each of the first three years. The Consumer Price Index (“CPI”) has fluctuated measurably over the past year, from a low of 3.0% to a high of
5.4%, therefore, staff negotiated a 4% increase consistent with the annual increases included in the original agreement.
Staff recommends the City Council approve the proposed First Amendment to the Agreement with Iteris to increase the total compensation under the agreement to $652,000 and extend the term of the agreement to June 30, 2025 (Attachment 2). The Finance department prepared the proposed First Amendment, and the City Attorney has reviewed and approved the agreement as to form. Sufficient funds exist in the 2023-2025 Operating Budget and the 2023- 2025 Capital Improvement Program Budget to cover the costs of the recommended action.
FISCAL IMPACT:
The proposed First Amendment to the Agreement with Iteris would increase the contract authority by $300,000 to bring the total not-to-exceed compensation amount of the agreement to $652,000. Of this $300,000 increase, staff expect up to $150,000 to include expenses for Capital Improvement Program project support. The proposed amendment also includes a 4% increase to hourly rates for the one-year extension.
Sufficient funds exist in the 2023-2025 Operating Budget and the 2023-2025 Capital Improvement Program Budget to cover the costs of the recommended action.
ATTACHMENTS:
1. Professional Consultant Services Agreement with Iteris, Inc. for Traffic Engineering Consulting Services
2. First Amendment to the Professional Consultant Services Agreement with Iteris, Inc. for Traffic Engineering Consulting Services 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
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ATTACHMENT 2
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55136.00200\31919338.1 - 1 -
CITY OF LAKE FOREST
FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
1. PARTIES AND DATE.
This First Amendment to the Agreement for Traffic Signal Management Services (“First Amendment”) is entered into on the [***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, with its principal place of business at 100 Civic Center Drive, Lake Forest, CA 92630 (“City”) and Iteris, Inc., a Delaware Corporation, with its principal place of business at 1700 Carnegie Avenue, Suite 100, Santa Ana, CA 92705 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for Traffic Signal Management Consulting Services dated July 1, 2021 (“Agreement”).
2.2 First Amendment. Th e Parties now desire to amend the Agreement in order to extend the term of the Agreement and increase the total amount of compensation under the Agreement.
3. TERMS.
3.1 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
The term of the Agreement shall be from July 1, 2021 to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew the Agreement automatically for no more than one (1) a dditional one- year term. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Consultant 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 SIX HUNDRED FIFTY -TWO TH OUSAND DOLLARS ($ 652,000)
without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
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55136.00200\31919338.1 - 2 -
3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
CITY OF LAKE FOREST ITERIS, INC.
By: [AUTHORIZED CITY SIGNATURE]
Doug Cirbo
Mayor
By: [VENDOR SIGNATURE 1]
Steven Bradley
Vice President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
By: [VENDOR SIGNATURE 2]
[ Kerry Shiba
Chief Financial Officer
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
DocuSign Envelope ID: 0AB77EC3-CF0A-4D29-A003-58714B29FA4C Item: 10
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55136.00200\31919338.1 Exhibit “A-I”-1
ATTACHMENT “1” TO FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
Consultant shall be paid for services rendered in accordance with Section 3.3 of the Agreement, and as described above under Scope of Work, the not -to-exceed fee of six hundred fifty -two thousand dollars ($652,000). Consultant will be paid on a time-and-materials basis at the hourly rates and fees set forth below.
Hourly Rates FY 21-22
Year 1
FY 22-23
Year 2
FY 23-24
Year 3
FY 24-25
Year 4
Traffic Signal Project
Manager $208.98 $217.34 $226.03 $235.07
Traffic Signal Plan Checker $213.28 $221.81 $230.68 $239.91 Traffic Signal Technician $154.80 $160.99 $167.43 $174.13 NOC Technician $64.50 $67.08 $69.76 $72.55
Traffic Signal Specialist $129.86 $135.05 $140.46 $146.08 Information Technology
Specialist $168.56 $175.30 $182.31 $189.60
Subconsultant $65.00 $67.00 $69.00 $71.76
Fees FY 21-22
Year 1
FY 22-23
Year 2
FY 23-24
Year 3
FY 24-25
Year 4
Other Direct Costs $1,500.00 $1,500.00 $1,500.00 $1,500.00 Biennial Average Daily Traffic
(ADT) Counts $16,200.00 - $16,200.00 -
Biennial Level of Service (LOS)
Analysis $26,077.50 - $26,647.50 -
DocuSign Envelope ID: 0AB77EC3-CF0A-4D29-A003-58714B29FA4C Item: 10
112
CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/05/2023
DEPARTMENT: Public Works
SUBJECT:
AWARD OF CONTRACT FOR LAKE FOREST SPORTS COMPLEX
LANDSCAPE & PARK MAINTENANCE SERVICES
RECOMMENDED ACTION(S):
1. Award an Agreement for Maintenance Services in the amount of $3,154,415.08 to Brightview Landscape Services, Inc., for Landscape and Park Maintenance Services.
2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to Brightview Landscape Services, Inc., substantially in the form attached.
EXECUTIVE SUMMARY:
The current contract with Brightview Landscape Services, Inc. (”Brightview”) for landscape and park maintenance services expires on December 31, 2023. Staff issued a Request for Proposals (“RFP”) in September 2023. The procurement process is a qualifications-based selection process. The RFP selection process is based on a contractor’s experience, understanding of the scope of services, proposed personnel, completion of similar projects in a timely manner, and ability to provide optimal services at an acceptable cost. After completing a competitive process as outlined in the City’s Purchasing Guidelines, staff identified the most qualified contractor for park and landscape maintenance services.
Staff recommend awarding an agreement for maintenance services to Brightview. The term for this agreement would be three years with two optional one-year extensions at the discretion of the City Council. The proposed Agreement for Maintenance Services with Brightview (“Agreement”) would begin January 1, 2024 (Attachment 1). The Agreement includes a compensation amount of $3,154,415.08. Sufficient funds for the contract are included in the Department’s operational budget.
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BACKGROUND:
The City currently maintains 285 acres of landscape areas within 31 parks in addition to 80 acres of medians, parkways, and slopes. The parks are maintained utilizing three separate agreements: one for the Lake Forest Sports Park Complex (“Sports Complex”), one for the remaining 9 active sports parks (parks with athletic fields), and one for the passive parks (parks with no designated athletic fields). A separate agreement exists for the medians, parkways, and slopes (“MPS”). Currently, Nieves Landscape holds the MPS and passive park agreements, and Brightview holds the two active sports park agreements. The Sports Complex is 86 acres and the remaining sports parks are 174 acres.
Marina Landscape received the original agreement on October 21, 2014, in the amount of $814,544.83. Since the award of the original agreement, Brightview, a national landscape maintenance company, acquired Marina Landscape and took over the agreement with the City at that time. Brightview was awarded a new agreement in 2018 through a competitive request for proposal process. The current agreement ends December 31, 2023.
DISCUSSION:
On September 5, 2023, staff issued an RFP and solicited proposals for landscape maintenance services on OpenGov, the City’s procurement software.
The scope of work includes general daily maintenance, weed control, turf grass maintenance, limited tree pruning, pest and rodent control, fertilization, irrigation facilities maintenance, infield maintenance, and maintenance of drainage facilities. At the close of the RFP response period the City received five proposals.
Consistent with the City 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
Senior Landscape Administrator
Deputy City Manager
Technical Review and Interview Process
The review process is comprised of three phases: the technical review of written proposals, the qualifications interview, and the cost proposal evaluation. The Purchasing Guidelines require the Selection Committee to review all proposals Item: 11
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submitted in response to the RFP. Staff reviewed the proposals submitted by Merchants Landscape Services, Inc. (“Merchants”), Brightview, Landscape West Management Services, Inc. (“Landscape West”), Mariposa Landscapes, Inc. (“Mariposa”), and SGD Enterprises. As summarized in Table 1, staff reviewed the proposals, and all contractors met the minimum required technical criteria of a total average score of 60 points or more. Staff therefore invited all five proposers to the interview process.
Table 1: Technical Review Scoring
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4 Total Avg. Score (Max Score 100)
BrightView
Landscape
Services, Inc.
89 83.5 78.5 78.5 82.38
Merchants
Landscape
Services, Inc.
73.5 84.5 70 84.5 78.13
Landscape
West
Management
Services, Inc
63.5 80 87 80 77.63
Mariposa
Landscapes,
Inc.
61.5 74 65.5 70.5 67.88
SGD
Enterprises
68.5 76.5 64.5 52 65.38
Table 2 shows the total average score of each vendor for the interview and cost combined.
Table 2: Qualifications, Interview and Cost Scoring
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4 Total Avg. Score (Max Score 200)
Merchants
Landscape
Services, Inc.
160.2 164.2 168.2 179.4 168
BrightView
Landscape
Services, Inc.
177.6 174.4 142.4 174.4 167.2
Landscape West
Management
Services, Inc
140.8 164.8 171.2 163.2 160
Mariposa
Landscapes, Inc. 134 129.2 98 135.6 124.2
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Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4 Total Avg. Score (Max Score 200)
SGD Enterprises 114 101.2 96.4 100.4 103
During the qualifications interview both Merchants and Brightview demonstrated their knowledge and experience working at facilities like the Sports Complex and managing sports fields. Both vendors articulated the current conditions of the park and their respective maintenance qualifications in a manner that placed them as the two most qualified vendors. When combined with scores for proposed costs and in accordance with the City’s scoring criteria, scores for Merchant’s and Brightview’s qualifications reflected nearly identical total average scores for the two contractors.
Cost Proposals
Cost proposal submissions were based on monthly and as needed services. At the conclusion of the interview process, all proposers had the opportunity to submit a revised cost proposal. Brightview was the only proposer that updated their original cost proposal. Table 3 below includes the final cost proposals received.
Table 3: Cost Proposals
Firm 3-Year Cost Proposal
Brightview Landscape Services $3,004,415.08
Landscape West Management
Services $3,738,171.66
Merchants Landscape Services $4,138,788.96
Mariposa Landscapes $4,625,378.16
SGD Enterprises $6,604,281.00
Compensation is comprised of routine monthly maintenance, irrigation repairs, plant material, and emergency repairs. Staff added a contingency amount of $50,000 annually to the contractor’s proposal to determine the final value of the agreement. Although Merchants obtained a higher average total combined interview and cost score than Brightview (Table 2), the cost difference between Brightview and Merchants is over $1.1 million for the three-year agreement.
Both Brightview and Merchants earned similar overall scores, however Brightview’s cost proposal is significantly lower than Merchant’s. Brightview also manages the Sports Complex and has been the primary landscape services provider since the opening of the park. Brightview’s cost proposal sets unit prices for three years and prices are nearly the same as those of the current agreement. The cost was vetted by staff to ensure Brightview can maintain services for the three-year term of the agreement. Brightview’s cost proposal Item: 11
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and existing institutional knowledge of the Sports Complex were considerations for the recommended selection. As a result, staff recommends awarding an agreement for maintenance services to Brightview.
Brightview currently provides services for the cities of Newport Beach, Cerritos, and Costa Mesa. The reference check with these other agencies shows that the quality of the company’s work has been of high (Attachment 2). Given that overall scores for the top two vendors are almost the same and since Brightview currently maintains the park very well, staff recommends awarding the maintenance agreement to Brightview.
The Finance Department prepared the proposed agreement for maintenance services with Brightview. The City Attorney reviewed and approved the Agreement as to form. The proposed agreement would be for the standard three-year initial term with two optional one-year extensions based on performance and at the City Council’s discretion. The proposed agreement includes a total not-to-exceed compensation amount of $3,154,415.08, which includes a contingency amount of $50,000 annually. Per the City’s Purchasing Guidelines, the City Manager may approve additional work not-to-exceed 10% of the original contract amount. Staff recommends the City Council award an Agreement for Maintenance Services with Brightview.
FISCAL IMPACT:
The proposed Agreement for Maintenance Services includes $3,154,415.08 in total compensation. The Agreement includes a three-year term ending December 31, 2026, with two optional one-year extensions. Sufficient funds exist to cover the costs of the recommended action.
ATTACHMENTS:
1. Agreement for Maintenance Services with Brightview Landscape Services, Inc., for Sports Complex Park and Landscape Maintenance Services
2. References for Brightview Landscape Services, Inc.
Initiated By: Michael McConaha, Public Works Maintenance Manager Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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Attachment 1
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(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 Brightview Landscape Services, Inc., a California corporation with its principal place of business at 1960 S. Yale Street, Santa Ana, California 92704 (“Contractor”).
City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Contractor.
Contractor desires t o perform and assume responsibility for the provision of certai n landscape and park 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 and park maintenance services to public clients, that it and its employees or subcontractors have all necessar y 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 Sports Complex Landscape and Park 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 fu lly and adequately supply the landscape and park maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from January 1, 2 024 to December 31, 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.
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(BB&K 2019)
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3.2 Responsibilities of Contractor.
3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in th is Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel re quired to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Thomas E. Wheeler, P.E., Director of Public Works/City Engineer , or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Work or change the Contractor’s total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept directi on 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 Diego Barrera, Associate Branch Manager, 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 responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.
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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.
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 Co ntractor’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 Service s, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnif ication 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 appropri ate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing appare l 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 Co de 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 co mply with such Prevailing Wage DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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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 craf t, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.2.10.2 Registration. 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 registrati on for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR . 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 o f the Labor Code within this Agreement, and Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law.
3.2.11 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-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 bo nd 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 l east thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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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 t his Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
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 th e 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 aris ing 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 employ ees 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 reg ulating 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 t o any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
3.2.13.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulat ions 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 wat er quality.
Contractor shall be familiar the DAMP, and the LIP and shall comply with the requirements as specified therein.
A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/documents/damp/mapplan
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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 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 3.2.1 3.2 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 v iolation 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 al l 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, employ ees 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 ag rees 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 Contra ctor’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 excee d THREE MILLION ONE HU NDRED FIFTY -FOUR THO USAND FOUR HUNDRED FIFTEEN DOLLARS AND EIGHT CENTS ($3,154,415.08) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation . Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor.
The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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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 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 authoriz ation 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 an d 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 Agreemen t 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 a ny time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to prov ide 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.
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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 other address as the respective parties may provide in writing for this purpose:
Contractor: Brightview Landscape Services, Inc.
1960 S. Yale St.
Santa Ana, Ca 92704
ATTN: Diego Barrera, Associate Branch 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 not ice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employe es, agents or volunteers.
Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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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 subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
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 . Thi s Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to Ci ty 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, au gment, 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 defa ult shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
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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 bo na 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 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 in dividuals 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 makin g them subject to all provisions stipulated in this Agreement.
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CITY OF LAKE FOREST Brightview Landscape Services, Inc.
By:
[AUTHORIZED CITY SIGNATURE]
By:
[VENDOR SIGNATURE 1]
Doug Cirbo
Mayor
Rene Rivera
Vice President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:
By:
[VENDOR SIGNATURE 2]
Christian Nunez
VP of Finance
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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EXHIBIT “A”
SCOPE OF MAINTENANCE SERVICES
CITY OF LAKE FOREST SPORTS COMPLEX LANDSCAPE & PARK MAINTENANCE
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.
1.0 STANDARDS OF WORK AND CONTRACTOR RESPONSIBILITY
1.01 The Contractor shall possess and maintain a C-27 General Landscape license through the term of the Contract. The Contractor shall perform the work described herein, in a 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.
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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 facilities. 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) hours 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.
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 sports fields and general park maintenance at the Lake Forest Sports Complex. Duties include, but are not limited to, trash collection, cleaning, Rototilling, laser leveling, pressure washing, dragging, maintaining synthetic and grass turf, in-field maintenance, ground cover, shrubs, vines, and trees up to 15', maintenance of mitigation areas, maintaining and repairing irrigation systems, apply paint, lacquers, water proofing, anti-graffiti coating, maintaining and repairing restrooms and all park appurtenances (I.E. shade structures, benches, tables, bbq’s, etc.) and providing weed and pest control.
2.01.1 GENERAL/DAILY MAINTENANCE
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Unit price for Cost Proposal Item #1 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 the Sports Park trash and recycling bins.
3. The daily removal of any dead plant material or debris.
4. The daily removal of fallen 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
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 by weight to the City on a monthly basis.
7. Inspect playground equipment daily and pressure wash all equipment on weekly basis.
8. Submit daily forms and photos of any damage identified to Public Works Manager.
9. Clean, rake and level playground wood chips daily, rototill wood chips monthly.
10. Daily removal of graffiti.
11. Daily removal of leaf litter or other debris from sports courts and water broom and remove excess water with rubber roller from all sports courts.
12. Sidewalk and all hard surfaces need to be cleaned/blown daily.
13. Daily refill of doggy waste bag stations.
Specialty Areas
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. Play equipment shall be pressure washed on a weekly basis or as directed by the Public Works Manager.
Engineered Wood Fiber/ Playground Chips
A. Rototill all Engineered Wood Fiber areas monthly or when instructed by the Public Works Manager. Wood fiber shall be replenished by contractors as necessary to maintain optimum levels as required by NPSI requirements. Replacement wood fiber must be weed-free and certified for playground use as approved by the Public Works DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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Manager.
B. Level all playground areas daily and rototill by the 10th of every month or when directed by the Public Works Manager.
C. All 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 areas become flooded and there is standing water, it will be the contractor's responsibility to remove water immediately.
F. No foreign debris (sand, soil, etc.) should be allowed to mix with engineered wood fiber surfacing.
G. Engineered 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 Surface Areas
A. All areas shall be maintained weed free on a daily basis
B. All areas shall be kept trash and debris free on a daily basis
C. All areas shall be cleaned daily. Method of cleaning to be approved by the Public Works Manager. IE: water, broom, blower, pressure washer etc. Any damage to rubber playground surfaces must be reported to the Public Works Manager immediately.
Hard Surface Areas
A. These areas shall include concrete sidewalks, softball courts, basketball courts, A.C. walkways, decomposed granite walkways/areas, etc.
B. B. All areas shall be blown or swept daily to remove all deposits of gum, silt and/or sand. Hazardous materials and substances will be removed immediately.
C. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times.
D. All spills and gum shall be removed daily.
E. Cracks and crevices shall be kept free of weeds at all times. Contractor will be required to paint any sidewalk trip hazards in fluorescent orange paint immediately when discovered.
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F. Once a week all areas, as designated by the Public Works Manager, 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.
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. Minor repairs, including, but not limited to, unclogging drains, replacing damaged or broken parts, shall be included in the bid price for these services.
C. All repairs shall be completed within twenty-four (24) hours after damage is reported or noticed.
D. Every instance of damage shall be reported to the Public Works Manager in writing.
E. If replacement of drinking fountains are required, a cost proposal shall be submitted for approval before replacement work is performed.
F. The City reserves the right to procure replacement 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.
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 at the beginning and ending of the regular work day.
J. All security and sports area lighting shall be inspected daily, and damaged or malfunctioning equipment shall be reported to the Public Works Manager.
K. 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.
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Failure to comply with the scope of work for General Facility Operations shall be $400 per incident per day.
2.01.3 WEED CONTROL
1. Unit price for Cost Proposal Item #2 should be inclusive of the following tasks:
2. 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.
3. Turf grass and synthetic turf areas shall be maintained in a weed free manner at all times.
Common reed (Arundo Donax) will be 100% controlled due to its fast growth and invasiveness.
4. As scheduled and when requested by the Public Works Manager, 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.
5. Monthly, the Contractor shall complete and furnish copies of an herbicide application log to the City.
6. The Contractor shall submit an annual spraying schedule to the Public Works Manager 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) information. Any changes to the annual schedule and the type of product will need to be authorized by City prior to application.
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 or chemical means, weeds growing in cracks, or expansion joints, and areas contiguous to the City Public Landscape. No dyes shall be used when applying liquid weed control to paved surfaces.
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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 two inches in planter areas will be removed by hand 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.
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 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 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 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;
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d) Total acreage or units to be treated;
e) Identification of weed(s) or pest(s) to be controlled by recognized common name;
f) Name of each herbicide or device recommended or
description of method recommended;
g) Dosage rate per acre or other units;
h) Warning of the possibility of damages by the
application from hazards that are known to exist; and
i) Signature and address of the person making the
recommendation, the date, and the name of the
employer.
2) Chemicals shall be applied only by persons possessing a valid California Pest Control Operators License 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 1 year. The Public Works Manager shall have access to those files as required. After this period, they shall be retained in accordance with Orange County Department of Agriculture Regulations.
3) Contractor shall calibrate all chemical application equipment prior to each use to insure chemicals are applied at the rate specified in the written recommendation.
4) All rubber hoses shall be made of neoprene rubber or equivalent material; shall be free of cracks; shall not be weathered, worn, or rotted; and shall be equipped with quick connectors or fittings which shall provide a water tight connection to prevent any leakage of chemicals from the point of connection to spray equipment.
5) All pressurized spray equipment, when in use, shall be kept in a state of good repair, safe to operate and shall be equipped with appropriate pressure relief valves. All spray nozzles shall be free of any foreign particles to allow 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 in such a manner to limit drift to twelve (12) inches. All precautionary measures necessary shall be employed DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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to insure public safety since all areas will be open to public access during application.
7) All equipment used to perform chemical application shall be thoroughly cleaned when necessary to prevent injury to persons, plants, or animals from residue of materials previously used in the equipment. Equipment shall be cleaned in accordance with the procedure recommended on the label.
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, or any other pesticide 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.
2.01.4 GENERAL TURF GRASS MAINTENANCE – Mowing
Unit price for Cost Proposal Item #3 should be inclusive of the following tasks:
2. All general turf areas shall be mowed between one to two times per week per the applications schedule provided in the appendix. Failure to provide a weekly mowing shall result in a performance deduction. The "1/3" rule (no more than one-third of the DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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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. Initial weekly schedule must be submitted and any changes must be approved by the Public Works Manager 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 may change annual schedule.
5. Cutting heights shall be adjusted to the type of grass in accordance with the following:
Bermuda/Bluegrass/Rye Mix
(Spring)(Summer)(Fall) ¾ to 1 inch
(Winter) 1 ½ inch
Sportsfield playing areas:
Bermuda/Bluegrass/Rye Mix
(Spring)(Summer)(Fall) ½ inch to ¾ inch
(Winter) 1 ½ inch
6. 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.
7. When conducting "rotary type" mowing activities in Lake Forest Sports Park 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 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 the 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 DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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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 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.
Renovation. Aeration. and dethatching:
1. All regular/non sportsfield turf areas shall be aerated twice 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. All 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 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 15th and October 15th, or as directed by the Public Works Manager.
a) Dethatching shall be accomplished by use of "vertical cut type" dethatch machine. The vertical cutting machine shall be set at a depth to penetrate ¼” below thatch layer into the soil.
b) All thatch and debris shall be picked up and disposed of off-site prior to the end of the work day. After clean-up, mow turf at regular cutting height.
c) All walkways, roadways, trails, landscaped areas, or other areas soiled by dethatching operations shall be cleaned and all debris disposed of off-site prior to the completion of this operation or the end of the day, whichever occurs first.
Refurbishment of Turf grass
Turf areas which have thinned out due to the shading effect of trees and structures, and by foot traffic will be reseeded with an approved grass seed to restore thinning areas or re-sod as directed. Contractor shall re-sod 100,000 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 DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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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 perennial rye grass at the rate of 10 lbs per 1000 square feet or as approved by the Public Works Manager.
2. Lake Forest Sports Complex have various types of grass (i.e.: Bermuda Grass, Kikuyu Grass, Fescue Grass, Hybrid Blue Grass, etc.). and will be over seeded using the "Perenial Rye Grass” or “Grand Slam FS” grass seed or an approved equal.
3. Fertilize all grass areas to be over seeded. Broadcast 6-24-24 XB 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.
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.
9. After preparation and over seeding have been completed, the area will be watered.
Watering will be three (3) to four (4) times each day, or as necessary in combination with appropriate run time sufficient to maintain even moisture at a depth of 1/2" during daylight hours.
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 rye grass over seeding will be completely established by November DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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12. After first mowing, and subsequently thereafter, fertilize with 1 lb. 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 April 1 and April 30 or as required to maintain adequate appearance, as determined by the Public Works Manager. All sports turf areas shall be seeded with Perennial Rye seed during the Summerfield closure (June - August) in addition to the sod and sports field renovations.
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.
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.
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.
3. Due to extensive scheduling of sports fields in certain areas, reseeding may be required which far exceeds the normal wear usage. Under these circumstances, the Public Works Manager may determine the reseeding needed is beyond the normal reseeding contractual requirements and shall be performed as Extra Work. If the reseeding operation is determined 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.
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 DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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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. All edging is to be completed with a fixed blade edger.
3. Chemical application shall also be used on areas such as along asphalt trails/paths, fence lines, etc., but not on the field areas. Do not use around sprinkler heads, around sports field 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.
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 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.
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, and sports field equipment and fence lines.
8. Chemical edging shall be performed a minimum of once every 60 days.
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 SYNTHETIC TURF GRASS MAINTENANCE
1. Unit price for Cost Proposal Item #4 should be inclusive of the following tasks:
a. Remove surface Trash and Debris Daily/per site
b. Sweep and weed removal Daily/per site
c. Brushing and Raking Weekly per site
d. Fiber/Infill Monitor Weekly per site
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2. Contractor shall maintain the City of Lake Forest Sport Park's synthetic grass systems athletic fields in accordance with manufacturers' care guidelines.
3. Contractor shall ensure that the Manufacturer Maintenance Guidelines are read and understood by all personnel involved in the care of the synthetic sports field and that the Manufacturer Maintenance Guidelines Acceptance Form is signed and sent back to Manufacturer and City prior to start of any work on site. Maintenance Guidelines demonstrate procedures, equipment usage, general maintenance guidelines, cleaning products, and frequently asked questions.
4. Contractor shall develop an annual schedule indicating the time frames when items of work shall be accomplished. Contractor will provide weekly schedules indicating he major items of work in accordance with the specified services and further delineate the time frames for accomplishment by day of the week and by morning and afternoon.
5. At the end of each week, Contractor shall keep an up to date log of all work done Manufacturer Maintenance Log In accordance with the Manufacturer Warranty policy, Contractor shall provide a copy of the completed maintenance log to the City
6. During the periods when inclement weather hinders normal operations, Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather.
The prime factors in assigning work shall be the safety of the work force and damage to synthetic surface/grass and or subgrade.
7. Contractor will follow Manufacturer recommendations for maintenance of all the components of the synthetic field turf.
EQUIPMENT:
Contractor shall furnish all the proper vehicles, equipment and tools required to perform the work as described herein.
1. All vehicles, equipment and tools shall be kept in good repair and conform to all state and local laws. Any vehicles, equipment or tools deemed by the City to be unsafe, in disrepair or unsatisfactory shall be repaired or replaced immediately.
2. City will furnish manufacture recommended field sweeper (Sweep Right) and groomer (Groom Right) which include a towing mechanism compatible with a field utility vehicle.
3. Required proper equipment shall include but not be limited to: Utility Vehicle(s) - For general maintenance and frequent hauling across turf areas only utility vehicles will be utilized.
Examples are: Small garden tractor, gator or larger vehicle with a speed of 3 mph making wide turns.
4. No equipment may be stored or worked on within any of the areas covered under this work without explicit written approval by the Public Works Manager.
5. In accordance with synthetic grass manufacturers' general field care/use guidelines the DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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following practices will be strictly adhered to:
a. Do not park any vehicle idling on the synthetic turf for any amount of time to prevent the possibility of burning or melting the turf due to exhaust or overheating.
b. All vehicles utilized on the synthetic turf shall have exhausts that discharge away from the field.
c. Any vehicle which weighs over 300 lbs., shall have pneumatic tires with a maximum tire pressure of 35 pounds per square inch.
d. Do not park any vehicles on the synthetic turf, especially in the heat of the day, or leave vehicles on wet turf for long periods of time.
e. Do not change or add fluids to any maintenance equipment while on the synthetic turf.
f. Do not perform any maintenance of any equipment while on the synthetic turf.
Synthetic Grass Care System
1. The first step in the care program is to provide each site with complete surface cleaning. The entire field surface will be swept using a hydraulic powered, self-contained, rotary brush sweeper every other week. Contractor needs to follow manufacturer's guidelines for when motorized sweeping should take place. For example, it will not be performed during the heat of the day when the ambient air temperature exceeds 90 degrees Fahrenheit.
2. All synthetic turf areas shall have regular program of debris pick up utilizing "hand/blower removal", supplemented by "mechanical removal" of all foreign objects other than synthetic turf and cryonic rubber.
4. Hand/blower removal shall be employed daily to aid in maintaining the synthetic turf in a "debris free" condition.
5. Mechanical removal shall be employed every other week to aid in maintaining the synthetic turf in a "debris free" condition.
6. Mechanical removal shall be completed utilizing a light weight multi purpose utility/tow vehicle with wide turf type wheels.
7. The vehicle shall tow a hydraulic sweeping unit with a completely contained collection bin.
The sweeper shall have synthetic fiber bristles such as nylon or polyolefin.
8. The proper use of the sweeper shall not remove substantial amounts of rubber infill in the synthetic turf. The brush setting shall be monitored. The actual setting shall be set so that it barely touches the tips of the fibers of the synthetic turf, to assure brush does not dig into the turf pile, in fill material or backing.
9. All synthetic turf shall be swept parallel with main carpet seams (those that bind the 15' carpet rolls)
Failure to comply with the scope of work for Synthetic Turf Grass Maintenance shall be DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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$400 per incident per day.
2.01.6 LANDSCAPE MAINTENANCE
Unit price for Bid Item #5 Sports Complex should be inclusive of the following tasks:
Trees - Tree trimming/maintenance/removal shall be completed on a limited basis, up to 15 feet, and only upon request by the City. Trees above (15) feet in height will be considered extra work. This work shall only be done by certificated and experienced personnel in tree pruning.
1. Trees shall be pruned according to the following criteria:
A. Designated broadleaf trees (as needed).
B. Designated conifers (as needed).
2. Trees shall be pruned as required to remove broken or diseased branches, to allow for public use access, maintenance access, and for safety. It shall be the Contractor's prime pruning responsibility to conduct a pruning program which will ultimately develop natural tree scaffolding, strength, and appearance consistent with the intended use.
Before any work commences, the Contractor will prune one (1) typical tree of each different species scheduled for pruning as an example. Any necessary corrections to the example, as determined by the Public Works Manager, shall be made prior to proceeding with production work. All major pruning operations shall be scheduled and approved by the Public Works Manager before work begins.
3. 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.
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.
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. Tree suckers shall be removed as needed.
9. Lower branches can be removed only after tree is able to stand erect without staking or other support.
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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 by the Contractor stating where and when the trees were removed and replanted, species, site, and approximate location.
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, 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 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, 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.
20. All trees shall be pruned to prevent encroachment onto private property.
21. Pruning procedures and pruning criteria shall follow International DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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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.
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 insect damage, fungus and any other diseases trees under contractors care may develop
B. Contractor shall notify the Public Works Manager when applying any chemicals or insecticides to any trees under contractors care
C. Contractor shall use integrated pest management practices whenever possible.
Applying chemicals and insecticides shall be used only if other natural practices have failed.
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 15 (15) feet in height will be considered extra work. All trees which are downed or dead by either natural or unnatural causes shall be removed and disposed of off-site. Stumps shall be ground to twelve inches below grade. The hole shall be filled with soil and compacted. Stump removal shall be included in the tree removal operation unit price. If the location of the stump precludes the use of a mechanical stump grinder, the contractor will need to remove the stump manually.
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.
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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 24 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 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. The City may request the use of Premium Plant Material consisting of Bougainvillea, Toyon, Lemonade Berry, and Cape Rush. The listed plant material will be reimbursed based on the unit prices submitted with the proposal for reimbursement. Any plant material outside of the Premium Plant palette bid list shall be reimbursed on a cost-plus basis. The Public Works Manager, or their designee, may approve the use of other plant material based on a proposal provided by the Contractor and approved by the City. 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 is to be informed by Contractor if the plant material will continually be a problem.)
6. Formally sheared shrub hedges shall be continually maintained in their formal design by shearing and trimming. These shall be specifically designated by the City and shall not infer that any other shrub shall be sheared or trimmed.
7. Shrubs designed to be grown full size shall not be sheared or trimmed.
Selective pruning may be necessary to remove dead, diseased, or intertwining material.
Shrubs sheared or trimmed, when they are not designed to be so, shall be replaced at Contractor's expense in a size designated by the Public Works Manager.
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8. All shrubs shall be pruned to prevent encroachment onto private property.
9. Pruning Procedures:
A. All cuts shall be made sufficiently close to the parent stem so that healing can readily start under normal conditions.
B. All limbs one inch or greater in diameter shall be "under cut" to prevent splitting and tearing.
C. All equipment utilized shall be clean, sharp, and expressly designed for shrub pruning.
D. Avoid pruning plants when seasonal bloom is present (i.e., Indian Hawthorne).
10. 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 that they died due to Contractor's neglect. Replacement shrubs shall be of like kind and size.
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
1. Contractor shall trim ground cover adjacent to walks, walls, and/or fences as required for general containment to present a neat, clean appearance at four inches maximum from vertical surfaces and six (6) inches back from walk/trail edges, and curbs.
2. Contractor shall prevent soil compaction by regularly cultivating bare spots in all ground cover areas on a monthly basis or more often as needed or directed by Public Works Manager.
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.
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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 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.
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. 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.
2.01.7 PEST CONTROL AND RODENT CONTROL
Unit price for Bid Item #6 Sports Complex should be inclusive of the following tasks:
General
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.
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, and host resistance.
3. All material used shall be in strict accordance and applied within the most current EPA regulations and the California Department of Food and Agricultural Code.
4. City shall be notified prior to the application of pesticides and other chemicals. Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with the Public Works Manager. Material use reports for all pesticides shall be filed with the City no later than the1Oth of every month for the preceding month.
5. Application of Pesticides
A. Timing: Pesticides shall be applied at times which minimize the possibility of DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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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 excessive 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 Public Works Manager.
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.
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 consists of all the applicator should know for an accurate and safe usage.
The recommendation must be time and site specific.
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B. Application of all pesticides shall only be applied by a properly State Licensed Pest Control Operator or a Certified Applicator of Pesticides.
C. There shall be no application of a pesticide without written permission of the City.
D. In case a Restricted Use Pesticide is recommended, the City must have a use permit issued only by the County of Orange Agricultural Commissioner's office.
3. Contractor shall start preventative cultural methods before a pest is visible. At certain times of the year, and with certain environmental conditions, the presence of certain pests can be anticipated. Look at new growth for the presence of aphids, leaf hoppers, scale, mealy bugs, and mites. Look for ants on soil, along walks, and trunks of shrubs and trees. When ants are present, there will be sucking insects. Control of ants will aid in the control of plant feeding insects. Do not use toxic pesticides to control pests when predatory or parasitic insects are present.
4. Dusty foliage and warm temperatures are indicators of mites. 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 cause of stress is cause to inspect trees. Look for ants on the ground, crawling up tree trunks, 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 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.
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, 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 sanitized 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:
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A. The pest to be controlled
B. 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.)
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, 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 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.
H. Care should be taken to minimize or control use where domestic pets may come into contact with the poisons. Signage around applied area shall be considered.
3. 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:
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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 at the Sports Complex. 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 Pest Control and Rodent Control shall be $400 per incident per day.
2.01.8 FERTILIZATION
Unit price for Bid Item #7 Sports Complex 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. 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.).
Material use reports for all fertilizer shall be filed with the City not later than the 10th of every month for the preceding month.
General
Fertilizers shall be inorganic, dry, pelletized formulation. Application shall be in accordance with manufacturer specifications.
Method of Application
In making application of fertilizer granules, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader which tends to throw material onto paved areas. The use of constant flow P.T.O. driven spreaders will keep DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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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.)
Timing of Application
When climatic factors cause problems of the general use of fertilizers, an adjustment of the fertilizer schedule may be necessary. After fertilizer application, monitor watering schedule to eliminate runoff or leaching of fertilizer materials.
Trees and Shrubs
Fertilizers, pre-approved by Public Works Manager, 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.
1. Samples shall be tested at an agricultural soils testing laboratory approved by Public Works Manager.
2. Contractor shall pay all costs for testing, taking samples, pickup and delivery to the testing laboratory, recommendation reports; all incidentals and no additional payment will be made thereafter.
Ground Cover
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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.
Vines
Fertilize all vines with a commercial fertilizer a minimum of twice per year, in March and September, 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 6-24-24 XB 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 at a rate of 1 lbN./1,000 square feet per month through the winter fertilization period.
3. Winter fertilization period shall begin November I and continue until the end of February. A Nitra King commercial fertilizer shall be required.
4. Summer fertilization period shall begin March 15 and continue until the end of September. 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, micronutrients or gypsum, etc.), 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. Before beginning irrigation Contractor shall determine areas covered by each irrigation system. Fertilizer shall be removed from hardscape, equipment, and park amenities, before beginning irrigation. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast.
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only. The Contractor shall be responsible for removing all fertilizer stains from concrete caused by his application.
Turf Fertilization Schedule – (Sports Parks)
FREQUENCY TYPE & SOURCE TIME OF YEAR
5x/YR
Nitra King (2x)
Commercial16-6-8 (3x)
Winter (Nov. 1 - Mar.1)
Summer (May 1 - Aug. 1)
1x/YR 6-24-24 XB + Commercial Sep/Oct@ reseeding
12x/YR Sports Turf (nitrogen)
Nitra King
16-6-8
Monthly
Nov. - Feb.
Mar. – Oct.
*Lake Forest Sports Complex Soccer and Common Ground Fields uses fertigation
Landscaping Fertilization Schedule
FREQUENCY TYPE & SOURCE TIME OF YEAR
2x/YR 15-15-15 March and September
Slow Release
4-1-1 w/iron or Approved Equal
Mulch
Mulch shall meet requirements of SB 1383 administered by CalRecycle.
“SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):
1. Produced at one of the following facilities:
i. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10);
ii. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or, iii. A Solid Waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
2. Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3.
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Requirements:
1. Compost and SB 1383 Eligible Mulch procurement.
Divisions, departments, and employees responsible for landscaping maintenance, renovation, or construction shall:
a. Use Compost and SB 1383 Eligible Mulch produced from recovered Organic Wast 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 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, departments, and employees shall comply with the City’s WELO by including the following:
• 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.
• 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 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.
• 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.
• 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:
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General Procurement records, including:
• A general description of how and where the product was used and applied, if applicable;
• 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:
• The type of product;
• The quantity of each product; and
• All invoices or other records demonstrating purchases or procurement.
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 183 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.
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 of 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 existing contracts as necessary to achieve compliance with the requirement of enforceable mechanisms pursuant to Section 5(1)(c)(3), above.
Trees
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
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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.
Failure to comply with the scope of work for Fertilization shall be $400 per incident per day.
2.01.9 FERTIGATION
_________________________________________________________________________
Unit price for Bid Item #8 Sports Complex should be inclusive of the following tasks:
The Lake Forest Sports Complex contains a water treatment system that is designated to mediate the effects of the recycled water that currently exists in the soil as well as treating the water prior to being applied to all of the 55 acres of landscape. The system has the ability to provide organics and biology to the entire park. The contractor will be required to use the fertigation system and maintain its operation. Routine maintenance and operation will be included in the monthly bid item. An approved proposal from the City will be required prior to any repairs. Repairs will be reimbursed based on the cost of repair and established mark-up.
The system is comprised of the following:
• Two, high velocity, metering injectors
• Two tanks (275 gallons and 100 gallon)
• A controller to manage the system
• A macrometer to continually monitor the flow of water through the system • Special in line sensors to monitor pH level
• A communication module
• A special modem that can be accessed through the internet • An inline mixer
• One 275 gallon containment vessel
• Approximately 50 feet of fencing that would enclose the entire system
Monthly Maintenance consists of the following:
Whole Water Treatment Service and Amendment – Contractor will apply landscape amendments to entire 55 acres of park on a monthly basis.
Individual fertigation systems consist of 50 gallon tank for soccer fields and 25 gallon tank for common fields.
Soil Fertility Program for Soccer Fields – Contractor will apply landscape amendments to both soccer fields and common fields on a monthly basis.
2.01.10 IRRIGATION SYSTEM MAINTENANCE
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Unit price for Bid Item #9 Sports Complex should be inclusive of the following tasks: General
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 inefficient or wasteful tiered rates, those overages may be charged against contractor's monthly maintenance invoice. A soil probe should be used to check soil moisture in the root zone. The soil should be moist or damp but 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 day, 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.
Contract will need to access Calsense website to monitor for daily alerts and adjust irrigation and controllers remotely.
Contractor will be required to assess the fields after rain events using a soil probe, visual observations, and by touch. Contractor will complete a form for each park indicating whether the fields are playable. Contractor will inform the Community Services Department prior to 7:30 am on Saturdays and Sundays, and 2:00 pm. on Mondays – Fridays informing them which fields are open for organized play.
lrrigation/Operation and Maintenance Scheduled Times
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:
Turf (Sunday- Thursday)
Landscape
Manual Irrigation
10:30 PM – 6:00 AM
9:00 PM – 6:00 AM
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.
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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 sports field 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 to turn on/off irrigation systems, particularly in respect to rainfall.
6. All damages resulting from under or over watering shall be repaired at the Contractor's expense.
Operation/Repair
1. The entire irrigation system, including all components from connection at meters, shall be maintained in an operational state at all times. This coverage shall include but not be limited to the following: all controllers and remote control valves; gate valves, ball valves, and backflow devices; main and lateral lines; filters, pumps; sprinkler heads; moisture sensing devices; and all related equipment. Contractor is required to notify the Public Works Manager of mainline failures within twelve (12) hours of occurrence.
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
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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, pressure gauging, and valve pressure regulator adjusting. 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 may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system.
4. All system malfunctions, damage, and obstructions shall be recorded and timely corrective action taken.
5. In addition to weekly testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed, or reported; daily if necessary.
A. Repair malfunctioning controllers, quick couplers, manual or automatic valves and sprinkler heads within 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.
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. Mark sprinkler heads and lateral line locations for special events.
D. 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 DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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irrigation heads installed improperly or heads that do not match existing or "like" heads.
B. All sprinkler heads shall be adjusted to maintain proper coverage. Adjustment shall include, but not be limited to, actual adjustments to heads, cleaning and flushing heads and lines, and removal of obstructions. Costs for adjustment shall be included in costs for operation and maintenance of the irrigation system.
C. Repairs to the system caused by conditions under which the Contractor does not have direct control shall be done by others or paid for by the City. Repairs under this category shall be "extra work" and are as follows:
1) Theft (missing heads)
2) Storm damage (Acts of God)
3) Damage by others
4) Malfunctions to automatic controller, remote control valves, 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, drip 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, booster pumps, filters, 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 of the irrigation system shall be completed within 12 hours after approval of the Irrigation Materials Request Form by the Public Works Manager 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.
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.
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Costs to be deducted from monthly payments will be presented to the Contractor by the City.
J. The Public Works Manager 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. 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 will confer with the Contractor when the sprinkler system controllers are to be turned back on.
O. The Contractor shall be held responsible for damage done to sprinkler heads and valves due to careless operation of vehicles and lawn mowers.
7. Personnel
A. The Contractor shall provide personnel fully trained in all phases of landscape irrigation system operation, maintenance, adjustments, and repair; in all types of components to include irrigation controllers, valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City including Calsense irrigation controllers. A certified irrigation technician is required. 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.
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D. Contractor shall provide the following minimal personnel at the
Sports Complex:
1 Irrigation Technician
1 Irrigation Apprentice
1 Supervisor
1 Foreman
7 Laborers
Total minimum staffing: 11 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.
All contract personnel assigned to the City shall wear company uniforms that clearly identify each worker while working in City parks.
E. Completion of Extra Work
All extra work shall not be completed by maintenance crews. Contractor will be required to provide separate crews 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 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. This includes, but not limited to, passive parks, medians, parkways, and slopes, sports parks, and the Sports Complex.
8. Materials
A. All replacement materials are to be with original types and models unless a substitute is approved by the Public Works Manager.
B. Any replacement material not designated as original types and models will be approved by the Public Works Manager. 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 DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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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.
• 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.
9. Invoicing
A. Since all normally anticipated labor costs are to be included in the contract amount including emergency water shut off and simple valve closures, emergency call-outs involving repairs 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.
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F. The irrigation system will be physically observed a minimum of once every week (excluding Saturday and 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.
J. Contractor will submit to the Public Works Manager 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.
O. 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 the 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 be cleared at least twice per year or as directed by the Public Works Manager.
Failure to comply with the scope of work for Irrigation System Maintenance shall be $400 per incident per day.
2.01.11 INFIELD MAINTENANCE
____________________________________________________________
Baseball/Softball Infield Maintenance – Sports Complex
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Unit price for Bid Item #10 Sports Complex should be inclusive of the following tasks:
Skin/Baseline Areas
Maintain a level surface with uniform consistency throughout the areas. Problems areas include edges, player position areas, sliding and lead-off areas.
Daily Maintenance: Scarify 1 /2", drag, level, rake, edge, wet down add material as needed.
Rebuild Pitcher's mound and add calcined clay as needed
Weekly Maintenance: Deep watering, Scarify 1" deep, level depressions and drain maintenance, pressure wash grass edges, plus daily maintenance duties as needed
Monthly Maintenance: Re-screen surface, deep scarify, add calcined clay, level, pack firm with one ton roller
Annual Maintenance: Deep scarify, add Angel Mix as needed; laser level, rebuild/realign and add calcined clay as needed. In mounds, replace home base, bases, and replace Clay bricks on home base and pitcher mounds, realign fields
Dragging Equipment I Techniques: The following dragging techniques shall be applied to all baseball/softball infields. All dragging should avoid the grass edges by staying at least one foot away- the area next to the grass edge should be hand raked.
a. Scarifying drag: loosens and mixes the top 1/2", or so, of skin material (clay) with the conditioner (topdressing) material typically consisting of calcined or vitrified clay. Scarifying drags also level the cleat marks created in the skin base clay. Baselines should be dragged by hand if there is grass on both sides.
b. Leveling drag: Fills in minor swales created from sliding and concentrated cleat activity at the player position areas and baselines. Care should always be taken when dragging near the grass edges to avoid moving any loose soil into the grass thus contributing to the lip problem. For best results on the skin area, dragging with a level drag should be in circles with a minimum turning radius of the equipment used to pull the drag. A medium turning radius at a slow speed prevents the tires on the equipment from digging into the clay base. Keeping the turning radius the same and overlapping the drag width half way from the previous drag pass will help ensure a more uniform and level surface. No utility vehicles be used for this purpose. A Sand Pro or equivalent should be used for this operation
c. Grooming drag: puts the finishing touches on the leveling process by eliminating any ridges created by the scarifying and leveling drags. It also helps establish a more uniform distribution of the conditioner or topdressing material.
Edges:
The infield/outfield edges require daily maintenance. Lightly raking or sweeping away any loose infield material in the grass on a daily basis will greatly reduce lip buildup. Periodically, the edges will require reestablishment every week by setting up a taught string line stretched from one base cutout to the other. Then, with a power edger, cut along the string line to cut grass DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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stolons and straighten the edge line. Once the edge has been cut remove any loose grass debris- this may involve the use of a hoe to remove any Bermuda grass that has become anchored on the skin side of the edge. With a re-defined edge add enough infield skin mix necessary to re-level the edge line and compact with a small hand roller. One should be able to stand on the edge line (straddling the grass and skin) without feeling any elevation difference.
Daily Maintenance: Rake/broom level.
Weekly Maintenance: Maintain level grade.
Monthly Maintenance: Re-screen surface; scarify, add calcined clay, level.
Annual Maintenance: Scarify, add Angel Mix as needed, laser level, add calcined clay as needed
Moisture Management: The key component to any good infield skin and baseline is proper moisture within the soil profile. Proper moisture can take a poor performing infield and turn it into one of superior performance.
Daily Maintenance: Apply even moisture
Pitcher's Mound I Home Plate Area:
Daily pitcher's mound and home plate maintenance is required.
Repair holes on the mound and in the batter and catcher boxes utilizing this 5-step process:
Step 1: Using a kitchen broom remove all loose soil from holes - the base of the hole should be firm and hard.
Step 2: Using a pump-up sprayer or a hose with an on/off nozzle set to a trickle wet the base of the hole to the point where the clay in the bottom of the hole becomes sticky and slightly slimy- make sure the edges of the hole are wet as well.
Step 3: Add moist clay material to the hole
Step 4: Compact the applied clay material with a tamper making sure the compaction is occurring throughout the entire area of the hole. Compact area until it is level with the surrounding surface.
Step 5: Keep clay moist for best playability and minimal disruption - apply light amounts of water as needed to prevent clay from drying out and cracking. Use of tarps will help retain moisture within the clay during hot sunny days.
Key mound repair areas will include the launch area (next to the rubber), the landing area (approximately 5 feet down the slope from the rubber), and the follow-through area (approximately 3 feet to the right and left of the landing area).
Key home plate areas will include the holes in both batters boxes, the catchers box, the start line toward 1st base (typically located just outside the right batters box and in line with the foul line), and the sliding area into home plate from 3rd base side.
Mound Maintenance
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- Daily Maintenance: Repair holes with clay
- Weekly Maintenance: Reestablish perch/slope
- Monthly Maintenance: Reestablish circle, reestablish height - Annual Maintenance: Reestablish circle, height, perch, slope, rotate rubber, laser level
Batter Boxes
- Daily Maintenance: Repair holes with clay
- Weekly Maintenance: Re-level area
Bullpen Maintenance
- Daily Maintenance: Repair holes with clay
- Weekly Maintenance: Reestablish perch/slope
- Monthly Maintenance: Reestablish height
- Annual Maintenance: Rotate pitching rubber
Baseline Maintenance
- Daily Maintenance: Drag, level, rake, chalk
-Weekly Maintenance: Power edge, scarify, level
- Monthly Maintenance: Add Angel Mix as needed
-Annual Maintenance: Edge, scarify, laser level
Base Maintenance
- Daily Maintenance: Check anchors/sleeves, and rubber -Weekly Maintenance: Paint white on Fridays with paint diluted 10:1 (water:
paint)
Monthly Maintenance: Repair/replace as needed
-Annual Maintenance: Repair/replace as needed
2.01.12 TURFGRASS MAINTENANCE
Unit price included in Bid Item #3.
Contractor shall provide designated mowers to each sports field to prevent cross-contamination.
Bermuda Grass Maintenance (Apr-Oct)
Mowing: Once Bermuda grass comes out of dormancy begin mowing at 1" height to reduce shade from cool-season grasses and allow more heat to the crown of the Bermuda plant with a reel mower. Mowing frequency should be 1 to 3 times per week. Clippings can be left if the 1/3 rule is followed. Hybrid Bermuda prefers a mowing height of ½” to ¾”.
Fertilization: City utilizes fertigation at the Sports Complex for injecting fertilizers into the irrigations system for the soccer and common ground fields. Contractor will be required to hand fertilize using Nitrogen-U28, Phosphorus-11-52-0, Potassium 0-0-25, gypsum and Organics- granule & liquids. NaXIT will also be required to move sodium out of the root-zone, reducing soil pH, increasing soil percolation, reducing sodium EC%, allowing reclaimed water to be used DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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on salt intolerant blue grasses. Apply a complete fertilizer at a rate of 1 lb of N per 1000 sf every month. In June and July the amount of N can be increased to 1.5 lbs per 1000 square feet or an additional application of 1 lb per 1000 square feet can be applied two weeks following the 1 lb N application. e ratio of nitrogen (N) to potassium (K) should be close to equal with phosphorous (P) that of N and K. Fertilizer selected should include some secondary nutrients (calcium, magnesium, and sulfur) as well. Apply micro nutrients (iron, manganese, zinc, copper and boron) at the label rate in June and July-this can be either in granular form or liquid form if spray equipment is available.
Dethatching: Vertical mow all turf grass areas in June or July at the completion of field activity.
Vertical cutting blades should be spaced approximately every 2" and set to 1/2" below surface soil level depth of the soil surface. If equipment has vertical blade spacing greater than 2" then make 2 passes at right angles over entire area. Debris should be removed. Vertical mowing will provide some viable stolons that can be placed in heavily worn areas for establishment.
Aeration: All sports field turf areas should be aerified every month. Any cores left behind must be collected from the field at the conclusion of each workday. Three types of aeration are required annually to relieve compaction.
1. Shatter-tine aeration – An Aerway fracture tine machine is recommended and will fracture the entire root-zone 7-10” deep. This will be done once a year duing the Major Annual Turf Renovation to relieve any compaction that might have taken place the year before.
2. Core or plug pulling aeration – The aeration leaves a ½” – ¾” by 2.5” – 4” hole in the soil and will also be done annually during the Major Annual Renovation just before top dressing. All plugs require collecting before topdressing. The fracturing tine can be set to be more aggressive and can make holes big enough to top dress into without pulling plugs.
3. Knife aeration – Performed regularly throughout the growing season because it temporarily relieves compaction without disturbing the surface or leaving plugs that could deflect the ball. This process will be performed monthly with a 6” turf slicing knife during the growing season. Do not go two directions with knife aerating because it will make an X with two slits that could be caught be a soccer cleat and ripped up. Contractor can go in more than one direction during the Annual Renovation because these slits will mend before play resumes.
Topdressing:
Top dressing is for releveling the surface of the sports fields and re-adding more organics to the soil.
1. First year us ¼” of top dressing over entire turf area.
2. Second year and beyond use 1/8” of top dressing.
3. Top dressing mix shall be 80% of the following sand specified and 20% of the compost specified.
4. Soccer and common fields during Major Annual Renovation - Deep Tine step shall be DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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done with a Vertidrain or Soil Reliever with minimum of 8” solid tine on the first pass and 8” plug pulling tines on the second pass. Cores must be picked up and disposed of.
Drag for dragging top dressing into aeration holes and low spots shall be 15’ 3” deep drag that mixes material as it moves forward.
Seed Mix shall be slit seeded in-LaPrima XD Hybrid Bermuda grass seed – 2lbs. /1,000 square ft. (1 lb. in each of two directions).
Installation
Order of amending:
All baseball, open space areas, soccer and football fields and surrounding turf areas except native grass seeded areas:
1. Deep-tine in 2 directions (first direction with 8” solid tines, second with 8” plug pulling tines.
2. Vacuum up the plugs and discard.
3. Spread ¼” of top dressing sand/compost mix evenly over the fields.
4. Spread gypsum and any other dry amendments evenly over the fields.
5. Drag the site with the 15’ drag until everything is level.
6. Slit seed the entire field areas with LaPrima XC Bermuda grass seed at the rate of 1lbs. /1,000 sq. ft. in each of 2 directions.
7. Mix dry wettable powder Microbes Seed & Sod Inoculant with enough water to cover site with 1 lb. of dry product per 4 acres.
8. Fertigation Contractor shall make sure that the site receives 1 lb of N per 1,000 square every 14 days during 8 weeks renovation period.
9. Grass shall be kept a 1” mowing height 2 mowings per week during growing time.
Top Dressing Products
1. Organic Composted Soil Amendment: Compost must have the following characteristics:
A. PH of less that 8.5
B. Screened double screened to 3/8” minus – no ¼” pencils that get through the first screening.
C. Soluble salts EC less than 3
D. Carbon to nitrogen ratio 25/1 or less
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E. Organic content above 25% as received by the lab.
F. Shall be free of glass, metal and visible plastics
G. Odor shall be soil-like (musty or moldy) not sour, ammonia-like or putrid.
H. Can have no nitrogenized wood product in it – especially redwood or fir
2. Sand for incorporation with the following characteristics:
A. Shall be #2 washed concrete sand with 99% passing a #4 screen and less than 5% passing a #200 screen.
Perennial Ryegrass I Tall Fescue Maintenance (Oct-Apr)
Mowing: Raise the height of cut to 1" and mow 2x per week. Mowing should be done with a reel type mower. Clippings can be left if the 1/3 rule is followed.
Fertilization: City utilizes a separate contract and contractor at the Sports Complex for injecting fertilizers into the irrigations system for the soccer and common ground fields. The materials for fertilizer injection and monitoring of the system is not part of this agreement. Contractor will be required to hand fertilize using Nitrogen-U28, Phosphorus-11-52-0, Potassium 0-0-25, gypsum and Organics-granule & liquids. NaXIT will also be required to move sodium out of the root- zone, reducing soil pH, increasing soil percolation, reducing sodium EC%, allowing reclaimed water to be used on salt intolerant blue grasses. A complete fertilizer at a rate of 1 lb of N per 1000 square feet will be used every month. The ratio of nitrogen (N) to potassium (K) should be close to equal with phosphorous (P) that of N and K. Fertilizer selected should include some secondary nutrients (calcium, magnesium, and sulfur) as well. Apply micro nutrients (iron, manganese, zinc, copper and boron) at the label rate in November- this can be either in granular form or liquid form if spray equipment is available.
Aeration: All turf grass areas should be core aerified every month. Cores must be collected and removed by the end of each work day since It is important to create an avenue at the soil surface for water, oxygen and carbon dioxide exchange with the atmosphere.
Overseeding: Because of the heavy use periods during the winter over seeding is necessary to support field activity. Over seeding should be applied as follows:
• Over seed in late September to mid October
• Mow grass at 1" height and leave clippings
• Core aerify to at least 3" depth
•Uniformly apply Perennial Rye grass with a broadcast spreader (Lely pull-behind, etc) at 10 lbs per 1000 square feet
•Top dress with a mix of 80% medium washed sand and 20% organic at a rate of 40 cubic yards per acre
•Fertilize with a pre-plant fertilizer (BEST 6-20-20, etc) at 1 lb P and K per 1000 square feet
•Irrigate with enough water to move seed down to the soil surface (amount of water dependent on scheduled field activity) •Seed must remain in contact with soil; seed kept moist until germination; seedling not allowed to dry out during establishment (10 days typically) DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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Failure to comply with the scope of work for Sports Field Maintenance shall be $400 per incident per day.
2.01.13 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 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.
2.01.14 LANDFILL DIVERSION
Contractor shall be responsible for the recycling of all green waste generated from maintenance operations within the City. Green waste shall be diverted from landfill to an approved reclamation site and processed for recycling. Contractor shall submit a recycling and disposal report summary on a monthly basis to the City. The summary report shall show the tonnage of recycled green waste supported by original weight tickets or other records of measurement from recycling facilities and/or landfill and disposal facilities.
Failure to comply with the scope of work for Landfill Diversion shall be $400 per incident per day.
2.01.15 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 benches, gazebos picnic tables, BBQ, water fountains, drinking fountains, fences, gates, block walls, playground/exercise equipment, concrete and sidewalks.
• Maintenance, repair, and acquisition of appurtenances including electrical fixtures on buildings, walkways, sport courts, monument signs, light poles, electrical timers, electrical locks, lights and irrigation controllers and equipment.
Failure to comply with the scope of work for Landfill Diversion shall be $400 per incident per day.
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EXHIBIT “B”
SCHEDULE OF MAINTENANCE SERVICES
Contractor shall provide the services described above in Exhibit “A” Scope of Services as directed by the City.
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EXHIBIT “C”
COMPENSATION
Contractor 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 three million one hundred fifty-four thousand four hundred fifteen dollars and eight cents ($3,154,415.08) and based on the following rates.
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.
Item
#
Description Quantity Unit Unit Cost Total $
Routine Maintenance
1 General/Daily
Maintenance/Including
Mitigation Area
365 Daily $316.88 $115,661.20
2 Weed Control 52 Weekly $414.76 $21,567.52
3 Turf Grass Maintenance 52 Weekly $2,449.14 $127,355.28 4 Synthetic Grass Maintenance 365 Daily $112.57 $41,088.05 5 Landscape Maintenance 52 Weekly $4,110.04 $213,722.08 6 Pest/Rodent Control 12 Monthly $1,229.41 $14,752.92
7 Fertilization 12 Monthly $1,823.77 $21,885.24
8 Fertigation 12 Monthly $300.10 $3,601.20
9 Irrigation System Maintenance 52 Weekly $1,349.33 $70,165.16 10 Infield Maintenance 365 Daily $184.66 $67,400.90
11 Wood Fiber Playground Chips 20 Cu. Yds. $65.00 $1,300.00 Subtotal Routine
Maintenance
$698,499.55
Irrigation System
Maintenance/ Repairs Parts
1 Hunter I-40 06 SS R 180 EA $71.50 $12,870.00
2 Rainbird RD06-S-P-45-NP 175 EA $16.40 $2,870.00
3 Rainbird RD12-S-P-45-NP 225 EA $19.50 $4,387.50
4 Rainbird 8005-NP-SS 50 EA $65.95 $3,297.50
5 1" Brass Ball Valve Full Port 7 EA $44.00 $308.00
6 1 1/2" Brass Ball Valve Full
Port
7 EA $94.30 $660.10
7 2" Brass Ball Valve Full Port 7 EA $128.70 $900.90
8 Hunter Ultra PGP-00-CV-R 125 EA $11.25 $1,406.25
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9 Hunter Ultra PGP-12-CV-R 400 EA $22.10 $8,840.00
10 Hunter PRS30-06-CV-R 125 EA $13.40 $1,675.00
11 Hunter MP Rotator Nozzle
1000
350 EA $4.60 $1,610.00
12 Hunter MP Rotator Nozzle
2000
350 EA $4.60 $1,610.00
13 Hunter MP Rotator Nozzle
3000
350 EA $4.60 $1,610.00
14 Rainbird 100 EFB-CP 20 EA $135.00 $2,700.00
15 Rainbird 150 EFB-CP 20 EA $185.00 $3,700.00
16 Rainbird 200 EFB-CP 40 EA $219.50 $8,780.00
17 Rainbird PRS-Dial 40 EA $50.22 $2,008.80
18 Hunter 1/2" Check Valve 350 EA $3.97 $1,389.50
19 Hunter 3/4" Check Valve 350 EA $4.50 $1,575.00
20 Rainbird 100 EFB Diaphragm
Assembly
50 EA $29.05 $1,452.50
21 Rainbird 150 EFB Diaphragm
Assembly
100 EA $49.87 $4,987.00
22 Rainbird 200 EFB Diaphragm
Assembly
100 EA $66.32 $6,632.00
23 Rainbird EFB Solenoid
Assembly
100 EA $28.75 $2,875.00
24 Hunter RZWS-36-50-CV 40 EA $31.54 $1,261.60
25 Rainbird XFSP-06-12-500 2 EA $205.08 $410.16
26 Hunter MSBN-50Q 100 EA $1.42 $142.00
Subtotal Irrigation System
Maintenance/ Repairs Parts
$79,958.81
Plant Material & Turf
1 Annual Color 40 Flat $20.00 $800.00
2 One (1) Gallon Shrub 2500 Each $8.00 $20,000.00
3 Five (5) Gallon Shrub 4000 Each $18.50 $74,000.00
4 Five (5) Gallon Premium
Plants
500 Each $27.00 $13,500.00
5 Twenty-Four (24)-inch Box
Tree W/Stakes and Ties
30 Each $350.00 $10,500.00
6 Thirty-Six (36)-inch Box Tree
W/Stakes and Ties
5 Each $650.00 $3,250.00
7 Forty-Eight (48)-inch Box Tree
W/Stakes and Ties
3 Each $1,050.00 $3,150.00
8 Tree Trimming Per ASA
Standards All Sizes
250 Each $95.00 $23,750.00
9 Tree Removals All Sizes 10 Each $300.00 $3,000.00
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10 Install Mulch 438.33 Cubic
Yards
$16.00 $7,013.33
11 Rototill 2500 Square
eet
$0.10 $250.00
12 Soil Test 15 Each $150.00 $2,250.00
13 Mechanical Trenching 500 Linear
Feet
$1.10 $550.00
14 Hybrid Bermuda Grass - Turf 100000 Square
Feet
$0.61 $61,000.00
Subtotal Plant Material &
Turf
$223,013.33
Subtotal
$1,001,471.69
Contingency
1 Contingency
$50,000.00
Total Annual Amount
$1,051,471.69
Summary of Compensation
Description Annual Compensation 3-Year Compensation
Routine Maintenance $698,499.55 $2,095,498.65
Irrigation System Maintenance/Repairs
Parts
$79,958.81 $239,876.43
Plant Material & Turf $223,013.33 $669,040.00
Contingency $50,000.00 $150,000.00
Total $1,051,471.69 $3,154,415.08
Supplemental Labor Rates
Position Normal Business Hourly
Rate
Emergency Response/After
Hours Rate
Landscape Maintenance
Supervisor
$50.00 $75.00
Landscape Foreman $40.00 $60.00
Irrigation Specialist $55.00 $82.50
Landscape Maintenance
Labor
$35.00 $52.50
Equipment Operator $60.00 $90.00
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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 Agreeme nt 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 th e 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 endorsement s 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.
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1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability and Contractor’s Pollution Liability:
(1) Additional Insured: The City, its officials, o fficers, 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 u ntil a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
1.1.4 Primary and Non -Contributing Insurance . All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
1.1.5 Waiver of Subrogation . All required policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or ot hers providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.
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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 o fficials, officers, employees, agents and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
1.1.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promp tly 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 curr ent 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 a ny federal law.
1.1.10 Enforcement of Contract Provisions (non estoppel) . Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.
1.1.11 Requirements Not Limiting . Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor’s policies, or the Contractor shall be responsi ble 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 DocuSign Envelope ID: 4A5368EC-73DD-4629-985A-66CB1BFB489E Item: 11
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received satisfactory evidence of s ubcontractor’s compliance with all ins urance 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
Item: 11
185
Contact #1: Contact #2: Contact #4:
A
gency: City of Newport Beach City of Cerritos City of Costa Mesa Contact Info: Kevin Pekar Jorge Martinez George Cortez
(949) 644-3069 (562) 239-0683 (714) 327-7494
QUESTIONS RESPONSE RESPONSE R ESPONSE
1. What were the services
performed? MPS MPS & Parks Park/Sports Parks
2. How would you rate the quality
of work? 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 No
6. Do you have any additional
comments or information
regarding your experience with
t
he firm?
Quality of work very good.
S
taff communicates well
and assists with all
necessary requests.
None
DATE: 11/21/2023
CITY OF LAKE FOREST
DEPARTMENT OF PUBLIC WORKS
Lake Forest Sports Complex Park and Landscape Maintenance Services
BRIGHTVIEW LANDSCAPE SERVICES REFERENCE CHECK
Item: 11
186
CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/5/2023
DEPARTMENT: Public Works
SUBJECT:
AWARD OF CONTRACT FOR WILDLIFE MITIGATION AND POND
MAINTENANCE AT VETERANS PARK
RECOMMENDED ACTION(S):
1. Award an Agreement for Maintenance Services in the amount of $176,531.88 to AquaBio Environmental Technologies, Inc., for Wildlife Mitigation and Pond Maintenance Services.
2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to, AquaBio Environmental Technologies, Inc., substantially in the form attached.
EXECUTIVE SUMMARY:
The current contract with AquaBio Environmental Technologies, Inc. (”AquaBio”) for wildlife mitigation and pond maintenance at Veterans Park expires on December 31, 2023. Staff issued a Request for Proposals (“RFP”), a qualifications-based selection process, in August 2023. The RFP selection process is based on a contractor’s experience, understanding of the scope of services, proposed personnel, completion of similar projects in a timely manner, and ability to provide optimal services at an acceptable cost. After advertising the project for a competitive process as outlined in the City’s Purchasing Guidelines, the City received one proposal, from the City’s current contractor.
Staff confirmed the contractor is well-qualified for wildlife mitigation and pond maintenance services and has performed well for the City over the past five years.
Staff recommends awarding an Agreement for Maintenance Services to AquaBio. The proposed term for this agreement would be three years with two optional one-year extensions at the discretion of the City Council. The proposed Wildlife Mitigation and Pond Maintenance Services Agreement with AquaBio would begin January 1, 2024 (Attachment 1). The Agreement includes a compensation amount of $176,531.88. The proposed agreement was prepared by the Finance Department and approved as to form by the City Attorney.
Sufficient funds for the agreement are included in the City’s operational budget.
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BACKGROUND:
Veterans Park is a 4.7-acre facility that includes a pond approximately one acre in size. In 1980, the County of Orange implemented several improvements to the pond to address maintenance issues, which included the installation of a concrete path around the perimeter of the pond and upgrading the pond’s aeration and circulation systems. Over time, large numbers of waterfowl settled at the park. The overpopulation led to associated park maintenance and water quality issues that prompted the City to acquire the pond from the Homeowner’s Association and renovate the park in 2018. Veterans Park was renovated to improve pond conditions and the quality of life for patrons visiting the park. The City maintains and mitigates the conditions of Veterans Park through a maintenance agreement for wildlife mitigation and pond maintenance.
DISCUSSION:
On August 28, 2023, staff issued an RFP and solicited proposals for Wildlife Mitigation and Pond Maintenance Services on OpenGov, the City’s eProcurement portal. The scope of work includes monthly maintenance of water quality for the pond and stream, monitoring the health of the animals in the park, and maintenance of the floating island. The contractor will be responsible for supplying and providing appropriate water quality applications, responding on an on-call basis to address issues involving aggressive wildlife, removing non- native/invasive species, and re-homing animals as needed. At the close of the RFP response period, the City received one proposal.
Consistent with the City Purchasing Guidelines, staff assembled a selection committee approved by the City Manager to review the proposal 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
•Landscape Administrator
•Recreation Manager
Technical Review and Interview Process
The review process is comprised of three phases: the technical review of written proposals, the qualifications interview, 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 the Item: 12
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proposal submitted by AquaBio. AquaBio met the minimum required technical criteria and staff therefore invited them to the interview process. Table 2 shows the total score for the interview and cost.
Table 1: Technical Review Scoring
Vendor Evaluator
1 Evaluator
2 Evaluator
3 Evaluator
4 Total Avg.
Score (Max
100)
AquaBio 93.5 89 84.5 93 90
Table 2: Qualifications Interview and Cost Scoring
Vendor Evaluator
1 Evaluator
2 Evaluator
3 Evaluator
4 Total Avg. Score
(Max Score 200)
AquaBio 200 191.2 192 189.6 193.2
During the qualifications interview, AquaBio demonstrated its experience, knowledge, and dedication to wildlife and pond management at Veterans Park.
AquaBio articulated well the current conditions of the park and potential projects for the future.
Cost Proposals
Compensation scoring is based on costs for monthly and as-needed services.
At the conclusion of the interview process, AquaBio had the opportunity to submit a revised cost proposal. AquaBio did not propose any changes to their original cost proposal. Table 3 below describes the final cost proposal received by Aqua Bio.
Table 3: Wildlife Mitigation and Pond Maintenance Cost Proposal Firm 3-Year Cost Proposal
AquaBio $176,531.88
The cost is comprised of routine monthly maintenance, sampling/testing of the pond water, and emergency repairs. Table 4 below describes the contract costs each year.
Table 4: Annual Cost Breakdown
Services Cost Per Year
Pond Maintenance $24,240.00
Wildlife Mitigation $22,623.96
Water Quality Sampling/Testing $ 1,980.00
Additional Services $10,000.00
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Services Cost Per Year
Annual Total Cost $58,843.96
After analysis of the AquaBio proposal and costs, staff determined AquaBio is a well-qualified and cost-effective contractor for Wildlife Mitigation and Pond Maintenance Services. AquaBio currently provides services for the cities of Fullerton, Rancho Cucamonga, and Los Angeles as well as a private 48-acre estate in Brentwood. AquaBio currently manages Veterans Park and participated in the relocation of animals during the renovation process. AquaBio has 25 years of experience in the field of animal biology and pond maintenance utilizing a host of environmentally friendly and humane techniques for managing water quality and animal populations. The vendor has relocated wildlife at various other locations, including public parks, and has extensive experience regarding all aspects of wildlife mitigation and pond maintenance. The reference check with other public and private agencies demonstrates the quality of the vendor’s work has been very good (Attachment 2).
The Finance Department prepared the Agreement for Maintenance Services with AquaBio (“Agreement”), which the City Attorney reviewed and approved as to form. The proposed Agreement includes a standard three-year initial term with two optional one-year extensions based on performance and at the City Council’s discretion. The proposed agreement includes a total not-to-exceed compensation amount of $176,531.88. Per the City’s Purchasing Guidelines, the City Manager may approve additional work not-to-exceed 10% of the original contract amount.
Staff recommends the City Council award an Agreement for Maintenance Services with AquaBio.
FISCAL IMPACT:
The proposed Agreement for Maintenance Services includes $176,531.88 in total compensation. The Agreement includes a three-year term ending December 31, 2026, with two optional one-year extensions. Sufficient funds exist in the 2023- 2025 Operating Budget to cover the costs of the recommended action.
ATTACHMENTS:
1. Agreement for Maintenance Services with AquaBio Environmental Technologies, Inc., for Wildlife Mitigation and Pond Maintenance Services
2. References for AquaBio, Inc.
Initiated By: Michael McConaha, Public Works Maintenance Manager Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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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”) an d AquaBio Environmental Technologies, Inc. , a California corporation, with its principal place of business at 14311 Cerise Ave, #108, Hawthorne, California 90250 (“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 wildlife mitigation and pond 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 wildlife mitigation and pond maintenance services to public clients, that it and its employees or sub contractors 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 Wildlife Mitigation and Pond Maintenance at Veterans Park 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 inci dental and customary work necessary to fully and adequately supply the wildlife mitigation and pond maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. T he term of this Agreement shall be from January 1, 2024 to December 31, 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.
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3.2 Responsibilities of Contractor.
3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contrac tor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services . Contractor shall per form the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Thomas E. Wheeler P.E., Director of Public Works/ City Engineer, or his/her 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 Contracto r under this Agreement. The City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Work or change the Contractor’s total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City’s Representative or his/her designee.
3.2.5 Contractor’s Representative . Contractor hereby designates DeAna Vitela-Hayashi, 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 responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portio ns of the Services under this Agreement.
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3.2.6 Coordination of Services . Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.
3.2.7 Standard of Ca re; 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 Serv ices 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 appro vals 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 c orrect 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 Contract or 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 Contra ctor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Safety. Contractor shall execute and maint ain 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 neces sary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and l ifesaving 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 a nd 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 DocuSign Envelope ID: 26D85943-9D36-468B-AAC5-5F414C388BF8 Item: 12
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payment of prevailing wage rates and t he 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 available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project s ite. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.2.10.2 Registration. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code sections 1725.5 and 1771.1, 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 respon sibility to comply with all applicable registration and labor compliance requirements , including the submission of payroll records directly 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.
3.2.11 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 maint ain, 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 Agre ement 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 B ond 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.
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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 furth er 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 Contra ctor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alter ation 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 Contr actor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13 Water Quality Management and Compliance.
3.2.13.1 Storm Water Management. Storm, surface, ground, nuisance, or other waters may be encountered at various times during the Services. Contractor her eby 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 shal l 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 loc ation where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
3.2.13.3 Compliance with DAMP and LIP . In addit ion 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 P lan (“LIP”). Both documents contain Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry -weather urban runoff, stormwater runoff, and receiving water quality. Contractor shall be familiar the DAMP, and the LIP and shall comply with the requirements as specified therein.
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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
3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.
3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, standards and ordinances listed in S ections 3.2.13.2, 3.2.13.3, and 3.2.13.4 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in Sections 3.2.13.2 , 3.2.13.3, and 3.2.13.4 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or activ e 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 dam ages 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 incorporat ed herein by reference. The total compensation shall not exceed ONE HUNDRED SEVENTY SIX THOUSAND FIVE HU NDRED THIRTY-ONE DOLLARS AND EIGHTY -EIGHT CENTS ($176,531.88) without written approval of City’s City Council. Extra Work may be authorized, as descri bed below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
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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 Con tractor.
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 i nvoice, review the invoice and pay all non - disputed 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 her ein, “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. Contr actor shall allow a represen tative 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, doc uments, proceedings, and activi ties 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 terminati on. 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 Service s under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
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3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may p rocure, 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: AquaBio Environmental Technologies, Inc.
14311 Cerise Ave., #108
Hawthorne, CA 90250
ATTN: DeAna Vitela-Hayashi, Director
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.
3.5.5 State License Board Notice . Contractors are required b y 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 viol ation. 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 consequ ential 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 institu ted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be DocuSign Envelope ID: 26D85943-9D36-468B-AAC5-5F414C388BF8 Item: 12
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rendered against City or its officials, officers, employees, agents or volunteers, in any suc h 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 indem nity 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 Agreeme nt of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project.
3.5.11 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictl y 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 s hall 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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3.5.17 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bo na fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other considera - tion contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discrimi nate against any subcontractor, employee or applicant for employ ment because of race, reli gion, 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 term ination. Contractor shall also comply with all relevant pro visions 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 s ignature 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 wit h 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.
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CITY OF LAKE FOREST AQUABIO ENVIRONMENTAL
TECHNOLOGIES, INC.
By:
By:
Doug Cirbo
Mayor
DeAna Vitela-Hayashi
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:
By:
DeAna Vitela-Hayashi
Secretary
By:
Lisa Berglund
City Clerk
APPROVED AS TO FORM:
By:
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”-I-1
EXHIBIT “A”
SCOPE OF MAINTENANCE SERVICES
1.00 STANDARDS OF WORK AND CONTRACTOR RESPONSIBILITY
1.01 The Contractor shall possess and maintain all necessary certifications, registrations and Contractors licenses issued by the State of California Licensing Board through the term of the Contract. Contractor shall perform the work described herein, in a thorough and professional manner, so that the City of Lake Forest is provided with reliable and high quality maintenance at all times.
1.02 The Contractor shall ensure that the wildlife mitigation and pond management is in compliance with all State and Federal laws.
1.03 The Contractor shall furnish, at Contractor's own expense, all labor, tools, equipment, and materials necessary, to perform all Maintenance Work. Costs of parts shall be paid at the Contractor's invoice cost for parts, plus 10%. Applicable taxes not to included 10% mark-up.
The Contractor shall attach all receipts to said invoices for review prior to payment. In the absence of a receipt, the invoice will not be paid.
1.04 The Contractor's forces shall leave work areas free of all dirt, litter, or other materials utilized to perform wildlife mitigation and pond 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.
1.05 Wildlife mitigation and pond maintenance shall be performed in accordance with all accepted standards for 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.
1.06 The Contractor shall handle all City requests and concerns in a professional and timely manner.
1.07 Failure to meet the requirements under this Contract may result in a deduction of pay.
2.00 SCOPE OF WORK –
Wildlife Mitigation
· Complete monthly monitoring of Veterans Park for invasive species of waterfowl, turtles, and fish. This requirement is to identify presence/absence of these groups and does not require species, abundance, age/size class, etc. and;
· Provide the City a monthly written report that provides an inventory of animals and assessment of any pertinent issues;
· Capture and re-home invasive turtles, fish, and waterfowl species as needed. Contractor will acquire a project-specific permit/authorization from the California Department of Fish and Wildlife (CDFW) on behalf of the City;
· Address animal egg concerns by greasing eggs as they are found; · Advise the City each time an animal is relocated, and document the location to which they are being relocated;
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· Remove any wildlife eggs as needed;
· Provide proof of relevant licenses and insurance, as required by Federal and State law.
In particular for the relocation of Canadian Gees the contractor will be required to complete an application for a depredation permit, on behalf of the City, per the Federal and State Departments of Fish and Game. Contractor will perform work as a subpermittee and;
· Provide 48-hour response and;
· Have had experience with similar relocation processes for a municipality and/or a golf course.
· City does not plan to stock the pond with any fish/wildlife. City will consider contractor using pesticides to remove invasive fish.
On-Call Pond Inspection/Management:
Contractor is responsible for conducting routine inspections and maintenance of the pond on a scheduled basis. The frequency of routine contractor inspections for the pond shall be determined by the contract, and approved by the City. At a minimum, the lake should be inspected monthly as part of the routine monitoring program.
In addition, to routine inspections, when notified, contractor shall respond within 72 hours for on- call inspection and pond management service requests at the City’s discretion. Upon request, contractor
shall apply necessary water quality field test equipment to measure physical parameters (temperature, pH, dissolved oxygen, specific conductivity, Secchi depth) and nutrients (nitrogen, phosphorous) of the lake as part of the monitoring request with no additional charge to the City.
Upon completion of a pond inspection, contractor shall provide written recommendations to the City for maintenance.
Aeration Systems Management:
The City currently has a functioning aeration system. Upon request, contractor will provide routine maintenance of this system. This may include repairing or replacing faulty equipment, installing additional aeration units, and/or making recommendations for system upgrades.
Dissolved oxygen (DO) readings shall be used to formulate recommendation for upgrades and/or changes to the aeration units. All aeration system work under this agreement must be approved by the City prior to implementation. All costs associated with aeriation system repairs shall be performed on a cost-plus reimbursement. If necessary, contractor may need to provide diver to inspect facilities at no additional cost to the City.
Pond Treatment Products:
Contractor shall coordinate with the City Inspector on the type and amount of products or chemicals recommended for treating algae and/or weed to improve water quality in the pond.
Upon approval by the City Inspector, contractor shall apply chemicals at rates in accordance with applicable product labels and regulations.
Lake Maintenance Report:
A summary of maintenance activities shall be completed monthly and submitted with contract invoices. The maintenance report shall summarize activities conducted for the pond during each DocuSign Envelope ID: 26D85943-9D36-468B-AAC5-5F414C388BF8 Item: 12
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month. This report may include, but is not limited to, the name and amount of chemical applied/application rate, water clarity, plant growth, water level, water temperature, dissolved oxygen content, pH, insect infestations, aeration equipment malfunction, and other pertinent observations or water quality measurements. Copies of the backup information shall be provided to the City for review as needed.
Performance:
Work shall generally be performed between 7 a.m. and 4 p.m., Monday through Friday.
Necessary pre-scheduled weekend work is allowable under this agreement. No non-emergency work on Holidays.
Contractor shall provide uniforms or other approved methods of employee identification for all personnel working at Veteran’s Park. All contractor personnel shall present a neat, clean appearance.
Contractor is responsible for all personal protective equipment and safety devices used by contractor personnel engaged in handling, formulation, transfer, application and disposal of lake treatment products. Such items appropriate to the operation being conducted shall include, but not be limited to, face mask, respirators, goggles, caps or hats, protective clothing, gloves, etc.
All clothing and protective gear used in the performance of pond treatment shall be in conformance with applicable legal and regulatory requirements.
Pond Maintenance
· Minimize organic sediment that becomes a food source for weeds and algae · Control odors by inhibiting the formation of foul odors in the sediment · Stay in compliance with Total Maximum Daily Loads (TMDLs) for Nutrients · Stay in compliance with TMDLs for Fecal Coliform, Enterococcus and Total Coliform · Promote maximum water circulation by removing debris, including algae · Assist bioremediation/phyotoremediation process and beautify existing waterscape by maintaining Floating Island, reanchoring as necessary
· Maintain the floating island to include trash/debris removal, trimming, and re-planting when necessary
· Perform standard water quality baseline sampling quarterly to assess the health of the pond
· Provide an annual written report on the health of the pond to include observations and recommendations
· Comply with all City Municipal Codes and NPDES Requirements, including, but not limited to, NPDES reporting and permit fees
· Pressure washing of fountain light covers as necessary · Adjusting, repairing, debris removal/cleaning of water fountains/aeriation equipment and stream as necessary Contractor to provide separate proposal to the City for repairs based on cost-plus compensation.
· Provide diver for assessing equipment as necessary at no cost to the City · Reattach or replace bird repellant devices as necessary, City to provide device
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55136.00200\31919334.1 Exhibit “B”-1
EXHIBIT “B”
SCHEDULE OF MAINTENANCE SERVICES
Contractor shall provide the services described above in Exhibit “A” Scope of Services as directed by the City.
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EXHIBIT “C”
COMPENSATION
Consultant shall be paid for services rendered in accordance with Section 3.3 of the Agreement, as described in Exhibit “A” Scope of Services, and the not-to-exceed amount of one hundred seventy six thousand five hundred thirty-one dollars eighty-eight cents ($176,531.88) and based on the following schedule:
Description Quantity Unit Price Cost
Year 1
Monthly Maintenance Services
Pond Maintenance 12 $2,020.00 $24,240.00
Wildlife Mitigation 12 $1,885.33 $22,623.96
Water Quality Sampling/Testing 4 $495.00 $ 1,980.00
Sub Total $48,843.96
Additional Services
Annual Amount for Additional Services $10,000.00
Year 1 Total Annual Compensation $58,843.96
Year 2
Monthly Maintenance Services
Pond Maintenance 12 $2,020.00 $24,240.00
Wildlife Mitigation 12 $1,885.33 $22,623.96
Water Quality Sampling/Testing 4 $495.00 $ 1,980.00
Sub Total $48,843.96
Additional Services
Annual Amount for Additional Services $10,000.00
Year 2 Total Annual Compensation $58,843.96
Year 3
Monthly Maintenance Services
Pond Maintenance 12 $2,020.00 $24,240.00
Wildlife Mitigation 12 $1,885.33 $22,623.96
Water Quality Sampling/Testing 4 $495.00 $ 1,980.00
Sub Total $48,843.96
Additional Services
Annual Amount for Additional Services $10,000.00
Year 3 Total Annual Compensation $58,843.96
Total Compensation $176,531.88
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Additional Services
Compensation for additional services shall not exceed $10,000 annually and shall be billed using the following rates:
Position Hourly Rates for
Additional Services
Limnologist/Senior Scientist/Biologist - Evaluation and Planning for Pond Management
$75.00
Licensed Pest Control Advisor - Provides Required
Recommendations When Pesticides Are Necessary
$80.00
Project Manager - Oversees Implementation of Pond Management Activities
$65.00
Staff Scientist - Supports Monitoring and Data Collection $65.00 Licensed Applicator - Conducts Pesticide Applications As Necessary
$65.00
Field Support Staff - Implement Directions From Project Management and Completes Pond Maintenance Tasks
$65.00
Wildlife Manager - Manages Process of Wildlife Monitoring, Management, and Relocation
$100.00
Principal $75.00
Senior Biologist $75.00
Junior Project $0.00
Administrative Support $65.00
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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, Contra ctor 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 pr ecedent 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 insure d 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 a ll 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.
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1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability and Contractor’s Pollution Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General L iability 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 sha ll 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 polic ies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
1.1.4 Primary and Non -Contributing Insurance . All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
1.1.5 Waiver of Subrogation . All required policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.
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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 C ity, 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 endorsement s for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1.1.8 Failure to Maintain Coverage . In the event any policy of i nsurance 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 f rom 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 additional insureds under the Contractor’s policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropria te 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 DocuSign Envelope ID: 26D85943-9D36-468B-AAC5-5F414C388BF8 Item: 12
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volunteers as additional insureds using endorsement form ISO CG 20 38 04 1 3 or an endorsement providing equivalent coverage. Contractor shall not allow any s ubcontractor to commence work until it has rec eived 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
Item: 12
213
Contact #1: Contact #2: Contact #3:
Agency: City of Fullerton City of Rancho Cucamonga Amber Hills Estate Contact Info: Ricardo Veloz Tony Casillas Daniel Davani (714) 738-5335 (909) 774-4184 (818) 943-2238
QUESTIONS RESPONSE RESPONSE RESPONSE
1. What were the services
performed?
Lake Management
Services
Wildlife Relocation/Lake
Maintenance
Lake Maintenance
Services
2. How would you rate the
quality of work?
(1-10, 10 being best)
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 No
6. Do you have any additional
comments or information
regarding your experience with
the firm?
Quality of work very good.
Staff communicates well and
assists with all necessary
requests.
Reliable,
Communication is
outstanding.
DATE: 10/25/2023
CITY OF LAKE FOREST
DEPARTMENT OF PUBLIC WORKS
Wildlife Mitigation & Pond Maintenance Services
AQUABIO SERVICES REFERENCE CHECK
Item: 12
214
CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/5/2023
DEPARTMENT: Community Development
SUBJECT:
Meadows General Plan Amendment (“GPA”) 06-23-5639 and Nakase Area Plan Amendment (“AP”) 06-23-5640
RECOMMENDED ACTION(S):
1. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST, CALIFORNIA, THAT THE CITY COUNCIL FIND,
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, THAT LAND USE CHANGES TO THE NAKASE PLANNED COMMUNITY (AKA: THE MEADOWS) PROPOSED UNDER GENERAL PLAN AMENDMENT (“GPA”) 06- 23-5639 TO CHANGE THE PUBLIC FACILITY LAND USE DESIGNATION TO LOW DENSITY RESIDENTIAL AND AREA PLAN AMENDMENT 06-23-5640 TO CHANGE THE SCHOOL SITE DESIGNATION TO NEIGHBORHOOD 6,
INCLUDING ALL APPURTENANT TEXT, TABLES, AND EXHIBITS,
CONSISTENT WITH THE ENVIRONMENTAL IMPACT REPORT
(SCH#2018071035) FOR THE NAKASE PLANNED COMMUNITY CERTIFIED BY THE CITY COUNCIL ON JANUARY 21, 2020, PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND STATE CEQA GUIDELINES
SECTION 15162.
2. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT (“GPA”) 06-23-5639 AMENDING THE GENERAL PLAN LAND USE DESIGNATION FOR THE SCHOOL SITE (APN 612-221-10) LOCATED WITHIN THE NAKASE PLANNED COMMUNITY (AKA: THE MEADOWS)
WHICH IS LOCATED AT THE SOUTHEAST CORNER OF BAKE PARKWAY
AND RANCHO PARKWAY FROM A GENERAL PLAN LAND USE
DESIGNATION OF PUBLIC FACILITY TO LOW DENSITY RESIDENTIAL (2-7 DU/AC); FILED BY THE CITY OF LAKE FOREST ON BEHALF OF TOLL BROTHERS WEST, INC. AND MAKING CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND STATE CEQA GUIDELINES SECTION 15162.
3. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST APPROVING AREA PLAN AMENDMENT (“AP”) 06-23-5639 AMENDING AP 05-18-5166 TO REPLACE ALL REFERENCES TO Item: 13
215
CC Agenda Report – December 5, 2023
2 2
8 6
1 THE SCHOOL SITE LOCATED WITHIN THE MEADOWS RESIDENTIAL COMMUNITY (AKA: THE NAKASE PLANNED COMMUNITY ) LOCATED AT
THE SOUTHEAST CORNER OF BAKE PARKWAY AND RANCHO PARKWAY
TO REFERENCE A NEW RESIDENTIAL NEIGHBORHOOD, NEIGHBORHOOD 6, ADD REFERENCES AS APPLICABLE THROUGHOUT THE DOCUMENT TO LOW DENSITY RESIDENTIAL; CHANGE TABLES AND EXHIBITS
ACCORDINGLY, AND REDESIGNATE THE PUBLIC STREETS THAT WOULD
HAVE PROVIDED ACCESS TO THE SCHOOL SITE, INCLUDING ALL OF EMY WAY (“A” STREET) TO A PORTION OF GREENLEAF (“B” STREET), A PORTION OF GREENLEAF (“B” STREET) FROM EMY WAY (STREET“A”) TO
LASSEN STREET TO RANCHO PARKWAY SOUTH, AND ALL OF LASSEN STREET (“BB” STREET) TO PRIVATE STREETS; FILED BY THE CITY OF LAKE FOREST ON BEHALF OF TOLL BROTHERS WEST, INC., AND MAKING
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS
PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND STATE CEQA GUIDELINES SECTION 15162.
EXECUTIVE SUMMARY:
The proposed General Plan Amendment and Area Plan Amendment change the General Plan land use designation of a site located within The Meadows from Public Facilities to Low Density Residential; amend the Nakase Area Plan to create a new residential neighborhood (Neighborhood 6) on the site that was previously offered to Saddleback Valley Unified School District (SVUSD) for a school; revise tables, exhibits, and text in the Nakase Area Plan; and redesignate streets previously intended for public school access from public to private in order to provide access to the new residential Neighborhood 6.
The Meadows is a master planned development that was approved by the City Council in 2020, allowing up to 776 units, a school site, parks, and open space.
However, SVUSD declined the school site offer in 2023, and the Development Agreement with Toll Brothers West, Inc. (“Toll Brothers”) provides the right to build residential units on the site instead. The proposed General Plan Amendment and Area Plan Amendment would enable Toll Brothers to construct up to 70 single-family homes on the site, subject to further approval of a Tentative Tract Map and a Site Development Permit.
On September 5, 2023, the City Council tabled this item to allow City staff to consult with tribal governments as required by Senate Bill (“SB”) 18. SB 18 requires area-wide tribal governments be advised of a proposed GPA and be given the opportunity to consult with the City regarding the proposed amendment. That process is now complete.
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1 As the Development Agreement referenced above provides Toll Brothers with a vested right to develop the school site with residential units should SVUSD not accept the school site, staff recommends adoption of the attached resolutions.
BACKGROUND:
The Meadows was approved by the City Council on January 21, 2020, under General Plan Amendment (“GPA”) 05-17-5033, Zone Change (“ZC”) 05-17-5034, Area Plan (“AP”) 05-18-5166, and Vesting Tentative Tract Map (“VTTM”) 18142.
Approval allowed for a master planned development of a maximum of 776 units including up to 675 single-family residential units, up to 101 senior affordable apartments, a 10-net acre elementary school site, seven privately owned parks for public use, and open space. Additionally, the City Council certified an Environmental Impact Report (“EIR”) for the Nakase Area Plan (Screencheck No. 2018071035) and approved a Development Agreement with Toll Brothers.
The Development Agreement approved by the City Council on January 21, 2020, required Toll Brothers to offer Saddleback Valley Unified School District (“SVUSD”) a 10-net acre site for a 1,000-student elementary school. The Development Agreement states that, in the event SVUSD does not accept the school site by April 30, 2024, Toll Brothers retains a vested right to construct residential units on the school site (Attachment 6, Exhibit A [Exhibit F of Development Agreement]).
The school site was sited in accordance with California Department of Education (“CDE”) Site Selection and Approval Guidelines and steps were taken by SVUSD and Toll Brothers to determine the site’s viability. For additional information, refer to Attachment 6, Exhibits D, E, F, G H, I and J, which contains relevant sections of the EIR, and correspondence between SVUSD and California Department of Education regarding the school site.
The Development Agreement gave SVUSD until April 30, 2024, to advise Toll Brothers if they (SVUSD) would be proceeding with accepting the school site.
However, in a letter dated March 9, 2023, SVUSD declined acceptance of the school site (Attachment 6, Exhibit B) and on June 15, 2023, a document terminating the school site offer was recorded with the County of Orange (Attachment 6, Exhibit C). In its March 9th letter, the SVUSD Board cited declining student enrollment and environmental concerns as some of the reasons for their decision to not accept the school site for development of an elementary school.
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1 In light of SVUSD’s decision to not accept the school site, the applicant submitted a GPA and AP amendment to develop residential units in place of the school site as provided for in the Development Agreement.
On August 3, 2023, the Planning Commission reviewed the GPA and AP Amendment and voted 5-0 and recommended its approval to the City Council.
The Planning Commission staff report provides background information about The Meadows and includes analysis of the GPA and AP in greater detail. The Planning Commission report also analyzes the parameters of the Development Agreement required as part of the original General Plan Amendment and the roles of the City, SVUSD, and Toll Brothers. The Planning Commission staff report (Attachment 4) also includes a discussion regarding the redesignation of three streets from public to private. It indicates that streets previously designated public and required for public school access would now be redesignated private to serve the new residential neighborhood. These streets include: a portion of Emy Way (“A” Street) to a portion of Greenleaf (“B” Street), Rancho Parkway to a portion of Greenleaf (“B” Street), and all of Lassen Street (“BB” Street). Exhibit 1, below, identifies these streets.
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1 Exhibit 1 – Public Streets to become Private Streets
On August 28, 2023, in response to public input, a Town Hall meeting was held at the City Hall campus. Nearly 60 residents attended and voiced concerns over Saddleback Valley Unified School District’s (“SVUSD”) decision to reject a proposed elementary school site in The Meadows development. Also, in attendance to answer residents’ concerns were City staff, the SVUSD Assistant Superintendent of Business Services, and representatives from Toll Brothers.
Generally, concerns were about the accuracy of Toll Brothers’ and SVUSD’s demographic and environmental studies; concerns of lack of oversight and school funds required to build the school; perceived school overcrowding; and SVUSD’s decision not to move forward with the development of the school site.
All questions during the question-and-answer portion of the meeting were answered, and representatives from both agencies and the City staff stayed after the event to address additional concerns. For a summary, please refer to Frequently Asked Questions and Responses (Attachment 5).
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1 On September 5, 2023, the City Council tabled this item to allow City staff to consult with tribal governments as required by Senate Bill (“SB”) 18. SB 18 requires area-wide tribal governments be advised of a proposed GPA and be given the opportunity to consult with the City regarding the proposed amendment. In a letter dated September 29, 2023, the Gabrieleno Band of Mission Indians – Kizh Nation, the only tribe to respond to the City’s invitation to consult, indicated it concurred and agreed with the GPA.
On October 9, 2023, a second Town Hall meeting was held at the City Hall campus to address concerns from City residents, including residents of The Meadows. Concerns were expressed over traffic, safety, and the industrial buildings proposed to be developed in place of existing office buildings west of The Meadows in the Pacific Commercentre Business complex. In attendance to answer residents’ concerns were City staff representatives from Community Development, Traffic Engineering, and Public Safety.
DISCUSSION:
The proposed General Plan Amendment (“GPA”) 06-28-5639 would establish the following: (1) designate the site located within The Meadows at the southeast corner of Bake Parkway and Rancho Parkway (see Exhibit 1 – Location Map, below) from a General Plan Public Facilities land use designation to a General Plan Low Density Residential land use designation (2-7 du/ac) (Attachment 2, Exhibit A), and (2) amend the Nakase Area Plan under proposed Area Plan Amendment (“AP”) 06-23-5640 to establish Neighborhood 6 (Attachment 3); (3) update the Area Plan to address the text, tables and exhibits; and (4) change the public streets identified for school site access to private streets (Attachment 3, Exhibit A).
Exhibit 1 – Location Map
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1 The Nakase Planned Community is subject to the Nakase Area Plan. The Area Plan regulates the planning and development of The Meadows. The Meadows consists of five residential neighborhoods, a senior affordable apartment complex, a school site, seven parks, and open space (see Exhibit 2, below).
Exhibit 2 – Nakase Area Plan (aka: The Meadows)
The Area Plan allows for construction of up to 675 single-family homes and 101 senior affordable apartments, parks, open space, a trail, and an elementary school site (total up to 776 units). To date, 541 single-family units and 65 senior School Site
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1 apartments have been entitled for construction. Given the size of the school site and low-density designation proposed under this General Plan Amendment, a maximum of 70 single-family homes could be built for a total of 611 single-family homes, a number below the maximum 675 single-family homes entitled. The subsequent submittal of a Tentative Tract Map (”TTM”) and Site Development Permit (“SDP”), subject to Planning Commission approval, will determine the exact number of homes to be developed within the site, referred to as Neighborhood 6. Site development standards, including height, setbacks, lot coverage, architecture, floor plans, and conceptual grading are established as part of the SDP entitlement process.
CONCLUSION
This GPA and AP Amendment accomplish the following:
1. Amend the land use designation of the proposed school site from public facility to low density residential (2-7 du/ac).
2. Amend the zoning of the proposed school site to Neighborhood 6 so that residential units can be built in Neighborhood 6. Residential units in lieu of a school site were approved as part of the Development Agreement. The Development Agreement provides Toll Brothers with a vested right to develop the school site with residential units should SVUSD not accept the school site. SVUSD did not accept the school site.
3. Amend the Nakase Area Plan to include updated text, tables and exhibits to depict the amendments.
4. Redesignate three public streets that had been designated “public” to access to the proposed public-school site, shall now become “private” and will provide access to the new residential Neighborhood 6.
ENVIRONMENTAL REVIEW:
The City Council certified a Final Environmental Impact Report (“EIR”) (SCH #2018071035) for the Nakase Nursery Planned Community (The Meadows) on January 21, 2020. The scope of the EIR included the ultimate development of the property for a maximum of 776 units, should the school site not be accepted. The project modifications were assessed pursuant to the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.) When a project is modified after an EIR for the project has been certified, pursuant to State CEQA Guidelines section 15162, no subsequent EIR shall be prepared for that project unless:
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1 1) Substantial project changes are proposed which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effect;
2) Substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3) New information of substantial importance, which was not known and could not have been known at the time the previous EIR was certified, has come to light and indicates there will be new or substantially more severe environmental impacts than were previously disclosed.
The proposed modifications will not result in any new environmental impacts, or substantially more severe environmental impacts, and therefore none of the circumstances identified in State CEQA Guidelines section 15162 have arisen. In addition, the proposed modifications would be required to comply with all mitigation measures contained in the Mitigation Monitoring and Reporting Program (“MMRP”) that was adopted in connection with the previous EIR.
Therefore, the previously certified EIR serves as the environmental documentation for the project and the revised project is in compliance with the requirements of CEQA.
Pursuant to Public Resources Code section 21166 and State CEQA Guidelines section 15162, no further environmental review is necessary. The previously certified EIR is on file and available for public review at the Planning Division, Lake Forest City Hall, 100 Civic Center Drive, Lake Forest, California 92630. The previously certified EIR (SCH #2018071035) and Nakase Area Plan are on file and available for public review at the Lake Forest City Hall, 100 Civic Center Drive, Lake Forest, California 92630 or on the City's website.
PUBLIC NOTICING:
In accordance with the requirements of Section 9.184.040(C)(2) of the Municipal Code of the City of Lake Forest, this project has been noticed in a newspaper of general circulation on November 23, 2023. In addition, on November 23, 2023, public notices were posted at City Hall and sent to owners of all property within 300 feet of the project boundary.
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1 FISCAL IMPACT:
The cost of processing these amendments is being reimbursed by Toll Brothers.
All future entitlement deposit/fees will be paid by the applicant.
ATTACHMENTS:
1. CEQA Resolution.
2. GPA Resolution, including Exhibit A.
3. Area Plan Resolution, including Exhibit A.
4. Planning Commission Staff Report dated August 3, 2023
5. The Meadows Frequently Asked Questions & Answers
6. Project Information:
Exhibit A, School Memorandum (Exhibit F of Development Agreement) Exhibit B, SVUSD Board of Education Letter dated March 9, 2023.
Exhibit C, Recorded document dated July 20, 2023, terminating the school site offer.
Exhibit D, Draft EIR excerpts regarding the school site.
Exhibit E, SVUSD letter dated September 21, 2017
Exhibit F, SVUSD letter dated July 25, 2018.
Exhibit G, Updated Geologic and Environmental Hazards Assessment Report (Excerpt).
Exhibit H, Health Risk Assessment (Excerpt).
Exhibit I, Electromagnetic Field (“EMF”) Study and Exemption Request (Excerpt).
Exhibit J, Pipeline and Tank Safety Hazard Assessment (Excerpt).
Initiated By: Marie Luna, Senior Planner
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
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55136.0410A\41490558.1
Attachment 1
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55136.0410A\41490558.1
GPA 06-23-5649/AP 06-23-5640 Agenda of December 5, 2023