Santa Ana City Council
January 16, 2024

CITY OF SANTA ANA
iii. Rosita Park
a. 5 Days per week, January 1st to July 31st
b. 3 Day per week, August 1st to December 31st
B. DISTRICT 2
i. Cabrillo Park
a. 5 Days per week, January 1st to July 31st
b. 3 Day per week, August 1st to December 31st
ii. Morrison Park
a. 3 Days per week, year round
iii. Portola Park
a. 5 Days per week, January 1st to July 31st
b. 3 Day per week, August 1st to December 31st
iv. Santiago Park
a. 5 Days per week year round
C. DISTRICT 3
i. Delhi Park
a. 3 Days per week, year round
ii. Madison Park
a. 5 Days per week, January 1st to July 31st
b. 3 Day per week, August 1st to December 31st
iii. Memorial Park
a. 5 Days per week, January 1st to July 31st
b. 3 Day per week, August 1st to December 31st
D. DISTRICT 4
i. Adams Park
a. 5 Days per week, January 1st to July 31st
b. 3 Day per week, August 1st to December 31st
ii. Centennial Park
a. 5 Days per week, January 1st to July 31st
b. 3 Day per week, August 1st to December 31st
iii. Heritage Park
a. 3 Days per week, year round
iv. Jerome Park
a. Field #1
i. 5 Days per week, January 1st to July 31st
ii. 3 Day per week, August 1st to December 31st
b. Field #2 & #3
i. 5 Days per week, January 1st to July 31st
ii. 3 Day per week, August 1st to December 31st
RFP 23-152
City Council
City of Santa Ana
12 – 17 1/16/2024

CITY OF SANTA ANA
v. Thornton Park
a. 5 Days per week year round
vi. Windsor Park
a. 5 Days per week, January 1st to July 31st
b. 3 Day per week, August 1st to December 31st
III. Ball Diamond Maintenance
A. FIELD COMPOSITION MIX (BRICKDUST TO BE USED WHEN MAINTAINING

INFIELDS)
i. Field in General
a. When adding field composition mix (brickdust) to any City of Santa Ana infield, the specific type of material to be used is: Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer).Riverview Park
ii. Pitchers Mound/Home Basepath Areas
a. When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, the specific type of material to be used is Hill Topper Home Plate and Mound Mix.3 Day per week, August 1st to December 31st iii. Warning Track
a. lWhen adding field composition mix to ball diamond warning tracks the specified type of material to be used is: Stabilizer Solutions Stabilizer Warning Track Mix.

B. EQUIPMENT
The Contractor shall provide and have “on hand” at all times during the brickdust maintenance operation the following equiptment:
i. Utility Vehicle
a. Small tight turn radius (13'R) vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable.

Drags
ii. Scarifying Drag
a. Used to scratch up or loosen up the skinned area. The drag shall be made of heavy-duty steel capable of carrying additional weight ('s). Digging teeth shall be hardened and pointed and be ½" in diameter. Pull chain shall be included.10.2.l Scarifying Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy-duty steel capable of carrying additional weight ('s). Digging teeth shall be hardened and pointed and be ½" in diameter. Pull chain shall be included.
iii. Cutting and Leveling Drag
a. Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build-up (high spots) and depositing dirt into holes (low spots) creating a RFP 23-152
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smooth and level playing surface. Pull chain shall be included iv. Grooming or Finish Drag:
a. Used to complete dragging procedure on a daily basis and lighter/gentle movement of brickdust. This drag shall be galvanized metal ‘’door-mat'' link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. v. Nail Drag
a. Used to lightly roughen the infield surface. Use True Pitch Mound Nail Drag or approved equal.

C. OTHER EQUIPMENT
i. Hand Tamp
a. 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate, and pitching mounds.
ii. Plastic Sheeting and Duct Tape
a. Used to wrap hand tamp head and help prevent wet clay from sticking. iii. Grade or Grooming Rake
a. Used to rake and fine-level areas. It shall be made of aluminum, 36" wide, and a 6' handle.
iv. Heavy Duty Shovels
a. Used to move material. Round/Square Point and Scoop shovels. v. Heavy Duty Hose
a. Used to water down skinned area. Shall be 3/4" to l)' top quality construction with 225-psi working pressure. Leaks of any kind are not permitted. The contractor shall have a minimum of 175' of hose on hand at all times.
vi. High-Pressue Nozzle
a. Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges.
vii. Industrial Push Broom
a. Used to remove excess brickdust from turf edges. It shall be 24" min. wide with heavy-duty dual-weight bristles.

D. WET CONDITIONS EQUIPMENT
During periods of inclement weather or when the areas are wet, the contractor shall have "on-hand" during all brickdust maintenance operations the following items:
i. Squeegee
a. Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with a neoprene blade and magnesium/aluminum head. ii. "Super Sopper"
a. Used to collect standing water in brickdust areas. Shall be drum type with an exterior sponge and arm-holding drum.
iii. Diamond or Beckson Pump
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CITY OF SANTA ANA
a. Used to remove standing water in brickdust areas. It shall be plastic with flexible pistons and value.
iv. Infield Sopper with Wringer and Bucket
a. Used to collect standing water in brickdust areas. Sopper shall be a geotextile-covered sponge typical for absorbing chemical spills.

E. CONTRACTOR MEETINGS & DESIGNATED POINTS OF CONTACT
Contractor shall provide City of Santa Ana staff with a English-speaking point of contact person and a phone number to reach the contact person from the hours of 6:30 am - 5:00 pm, Monday – Saturday; year round.
i. Contractor shall appoint and identify to City of Santa Ana staff a ''site supervisor".

This site supervisor shall meet with staff as requested at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns that may arise and any goals for the week. ii. November of each year for as long as the contract is in effect, Contractor shall personally meet with start: along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations''
F. DAILY INFIELD & WARINING TRACK MAINTENANCE
i. General
a. Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas.
b. Contractor shall keep brickdust and dugout areas in a clean and weed-free condition. Dugouts shall be completely free of any brickdust or other stains/gum, sunflower seeds, debris, etc.
c. Contractor shall sweep/pressure wash out dugouts so they are l 00% free of brickdust, brickdust stains or any other debris.
d. Contractor shall clean mow strips, backstops, chain link fencing, including brickdust build up along bottom rails.
ii. Maintenance Procedure
a. Contractor shall retain a smooth and level playing surface using the following daily procedures.
i. The contractor shall remove all bases before beginning any work on the in-field and re-install after all work on the in-field is completed. ii. After removing all bases, the contractor shall scrape/wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation.
iii. The Contractor shall rake/shovel loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field before any watering or dragging shall take place.
iv. Home Plate Area/Batter's Box Area Holes
RFP 23-152
City Council v. Sweep/Rake away all loose brickdust-mound mix-calcine clay.

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vi. Wet area until moist.
vii. Scarify area ('s) [batter's box hole ('s)] with a shovel. This will help the mix bind better.
viii. In a 5-gallon bucket, mix "mound mix" with water to the desired consistency. Do not use infield mix for this purpose.
ix. Backfill "mound-mix" material into hole ('s).
x. Tamp the area firmly with a steel tamp.
a. Note: The tamp will be most effective if you cover the bottom with plastic.
xi. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp bottom.
xii. Wet area until moist using a hose and power nozzle. Cover areas with calcified clay.
iii. Pitchers Mound
a. Follow the same procedure for repair of the home plate/batter's box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. b. Add to the above the following: Rake all loose material from bottom to top and covet· with “Mound Mix".

G. GENERAL BRICKDUST SKINNED INFIELD AREAS
After raking/shoveling loose material from high spots back into low spots/warn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (w/stabilizer) brickdust from stock and make level. i. The contractor shall clean all excess brickdust beneath or next to the backstop; dugout chain link fencing, and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. ii. Lightly water the entire infield before dragging.
a. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going airborne.
iii. Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag". Circular or figure eight drag patterns shall be used iv. Alternate drag patterns or reverse the direction of drag patterns daily to avoid ruts and high/low areas. The speed of the drag procedure shall not exceed seven (7) mph.
v. When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18". This will help in avoiding lips at brickdust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. vi. Contractor shall hand-rake all base paths on combination turf/brickdust infields.

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vii. When the dragging process is complete, the contractor shall stop the drag in a different location daily.
viii. This will stop the accumulation of brickdust in focused areas. At this time, roll up the drag, place it on the vehicle, remove all debris accumulated in the drag at this spot, and rake out material emptied from the drag.
ix. After dragging, hand rake the 18" edges using the "grade or grooming rake." The rake shall be held at an angle to not push brickdust onto/into turf areas. x. After raking the 36" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high-pressure water nozzle or heavy-duty broom. NO brickdust shall be permitted on the turf edges at any time. If, in the determination of City staff, an unsafe lip situation exists (an unsafe lip is ½" or greater) in any turf/brickdust border area infield to brickdust, base paths or brickdust to outfield), the contractor will be required to remove or level the soil build-up with a sod cutter and re-establish the in-field boundaries with a string line or suitable method and re-sod up to the border to remedy the situation al contractors expense. Pre-existing conditions shall be corrected during contract start-up.

H. FINAL WATERING
This is the Most time-consuming and very important element of the procedure. The contractor shall finally water the skinned brickdust to a depth of ¼" minimum. i. Rainy Weather/Wet Field Procedure
a. On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to:
i. Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump/sopper system.
ii. Rake out (scarify) wet areas.
iii. Apply Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) from stock to all Wet Areas and Rake Out. Cap with calcified clay Turface.
iv. Contractor shall keep Turface Quick Dry Infield Mix in stock during rainy season and make a good faith effort to prepare the fields for play. Can include Saturday and Sunday work.

I. WORK TO BE COMPLETED SIX (6) TIWork to be completed Six (6) Times Per Year i. To maintain the levelness of all fields, the contractor shall, once every two months, scarify drag - built-up amounts of materials at high spots and cut and level drag the scarified material to low spots.
ii. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Cap with calcified clay Turface.
a. Note: Staff shall identify areas to scarify/cut and level drag to the contractor RFP 23-152
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iii. Heavy water scarified, cut, and leveled areas to a ½"min. depth and allow settling in before play on field.
a. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi monthly scarify/cut and level drag dates to contractor.

J. WORK TO BE COMPLETED ANNUALLY
i. Each year, the following renovation will be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year.
ii. Contractor shall laser grade each ball diamond.
iii. The contractor shall scarify drag built-up amounts of materials at high spots and cut and level drag the scarified material to low spots.
iv. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. a. Note: Staff shall identify areas to scarify/cut, and level drag at the November meeting with the contractor's owner
v. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. vi. Contractor shall verify and maintain all base distances, pitching rubber distances, and pitching mound specifications per the Little League, Pony/Colt League specifications for each specific field.
vii. The contractor shall use surveying equipment to verify that the first and third bases are true 90-degree angles, the second base is 45 degrees, and the foul poles are in the correct location from the apex of the home plate.
viii. The contractor shall repair any specifications not being met in any field. In addition, the Director's Representative (DR) may elect to pay extra for the Contractor to install l/2" new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) to in-fields at all diamonds (minimum 25 tons per Girls Softball/Major Little League Field and minimum 50 tons per Junior/Senior Little League Field). Also, the DR may elect to pay extra for the Contractor to install a minimum of 2 tons of surface calcite clay per girls’ Softball/Major Little League Field and 4 tons of Turface calcite clay to Junior/Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense.
ix. Contractor shall rebuild pitcher's mound and batter boxes to MLB specifications for high school/college/senior-junior diamonds and Little League specifications for Little League major diamonds using Hill Topper Mound Mix capped with calcified clay by Turface.

K. WORK TO BE COMPLETED “AS DIRECTED”
i. Replace Base Anchors as directed.
a. Note: City of Santa Ana uses the Hollywood Breakaway base anchoring system. The contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the RFP 23-152
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surface grade so that the base sits level and flush against the surface on all sides.
ii. Replace Bases as directed.
a. Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed.
iii. Replace or Remove/Level/Re-install home plates as directed. The home plate shall be l" above the finish grade of batters circle
iv. Replace or Remove/Level/Re-install pitching rubbers as directed. a. City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. v. When given direction to complete "as directed" work, the contractor shall complete the directed work on the next working day.

L. SPORTS TURF (INFIELD/WARNING TRACK/CRICKET FIELD) MAINTENANCE i. Sports turf shall mean all sports turf in the infield, the foul territory of the infield, 36" beyond the infield skin line/arc, and 36" from the warning track brickdust skin line at Riverview and Memorial Park. Sports turf shall be mowed and edged one (1) time per week. Mowing shall be accomplished by walk-behind reel mower - Jacobsen Eclipse2 reel mower, TruCut or John Deere Walk Greens Mowers ( 180 E-Cut Hybrid, 220-E Cut Hybrid, l 80SL -220SL-260SL Precision Cut units along skinned infield/warning track brickdust areas, turf infields, turf infield foul areas, foul territories. Additional mowers may be submitted for approval by the City. ii. Contractor shall use a Jacobsen Eclipse2, TruCut or John Deere walk-behind "greens" reel mower to provide a "putting green" quality finish cut. iii. Sport turf shall be cut between ½" and ¾" per Director's Representative direction. iv. All turf clippings shall be collected and disposed of. v. Edging of infield arc shall be performed by infield sub. vi. Straight lines shall be edged by running a string line to ensure lines are edged perfectly straight.
vii. Sports turf shall be irrigated to maximize the healthy growth of the turf while conserving water. Overwatering will not be acceptable.
viii. Contractor shall check and program the automatic irrigation controller as often as necessary to ensure the correct amount of water is applied to the infield sports turf. ix. Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as-needed basis to ensure a high-quality turf infield. x. Optional As Extra Work- Sports turf shall be fertilized two (3) times per year in the first week of January and April and when the field is renovated each year per the agronomic plan. The Contractor shall use California Organic products 'Phyta- Boost' 7-1-2 fertilizer at 600 pounds per acre, and 'Compel' compost at 300 pounds per acre.

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xi. Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed.
xii. Sport turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff.
xiii. Sport turf shall be kept weed-free at all times.
a. Any grasses other than the original hybrid Bermuda and cropped over perennial rye installed in the infield shall be eradicated immediately upon notice. The contractor may choose the eradication method; however, it may not damage the turf.
b. Any broad leaf and/or turf-type weeds shall be eradicated immediately upon notice. The Contractor may choose the eradication method; however, it may not damage the turf.
xiv. Sport turf shall be kept pest-free of disease and rodents at all times. a. The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice.

M. SPORTS TURF RENOVATION-OVER SEEDING
i. Sport/Priority turf shall be renovated-overseeded each year per the Sport/Priority Turf Annual Schedule. All seed quantities and types specified shall be verified by the DR prior to any applications. The process for renovation- overseeding shall be as follows:
a. The contractor shall install a 6' high temporary construction fence around the sport/priority turf areas prior to commencing renovation-overseeding work.

Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeding in accordance with the park map depicting the sport/priority turf areas.
b. Turf shall be mowed down to ¼". All turf clippings shall be removed. c. Turf shall be aerated using the Ryan piston-driven aeration equipment. The contractor shall make two passes in different directions per the Director's Representative's direction.
d. Turf shall then be verticut using the greens mower with verticut reels (straight blades 1.5" to 2" apart). Following verticutting all turf clippings shall be removed.
e. Contractor shall coordinate with the Irrigation Consultant to confirm all irrigation has been tested and restored to original design specifications prior to overseeding.
f. Once the Irrigation Consultant verifies the irrigation system is working efficiently, the Contractor shall evenly overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 350 pounds per acre and b) Stover Seed Company's Pro Sportfield Extreme in the spring/summer at a rate of 65 pounds per acre.
g. Immediately after overseeding the Contractor shall evenly apply ¼" minus STA approved compost topper from R&S Soils to all turf applied at a rate of 35 cubic yards per acre mixed with California Organic 7-1-2 Phyta Boost organic fe1tilizer at a rate of 600 pounds per acre (35 c.y. top dress mix/600# 7-1-2 organic fertilizer).
h. Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination RFP 23-152
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of seed. Once the renovation process is complete, the It1·igation Consultant shall retake control of the irrigation programming.

N. OVERSEEDING GERMINATION GUARANTEE
i. The Contractor shall guarantee l00% uniform germination within 10 weeks from the time the first application of seed or will sod any thin or bare areas with "thick cut" (thickest available cut) West Coast Turflmproved Kikuyu during the warm season and West Coast Turf Improved Kikuyu Sod that has been "cropped over" with perennial rye grass. Renovation must be completed within three months of fieldclosure. The DR shall determine the quantity of thick-cut sod needed to achieve I00% coverage.

O. REPLANTING
i. As turf begins to stress, die back, or become thin in appearance for any reason, the Contractor shall immediately install thick cut sod (thickest available cut) West Coast Turf Improved Kikuyu during wa11n season and West Coast Turf Improved Kikuyu Sod that has been "cropped over" with perennial ryegrass. ii. The Contractor shall apply supplemental water to hydrate the affected area(a). iii. The Contractor shall also meet with the Irrigation Consultant and coordinate the irrigation programming to germinate seed. The Contractor shall then overseed these turf areas using Stovers Seed Company AZ! Kikuyugrass (spring/summer) or Stovers Grand Slam FS (fall/winter) seed at the manufacturer's recommended rate and process. The Contractor shall use STA approved 1/2" minus compost seed topper at a rate of 35 cubic yards per acre pre-mixed with California Organic 6-1-2 Kickstm1 fertilizer at a rate of 600 pounds per acre.
iv. Should the Contractor's seed germination effort fail within four (4) weeks of effort, the Contractor shall install thick cut sod to those turf areas using West Coast Turf Bandera Bermuda cropped over with perennial rye grass (fall/winter) and West Coast Turf Bandera Bermuda (spring/summer).
v. The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City repair thin or bare turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established.
vi. The Contractor also understands and accepts that park areas are very heavily used, including increased foot traffic, and other uses and, therefore, acknowledges that he/she will immediately respond to thin or bare areas in turf without delay.

P. GENERAL CONTRACT PROVISIONS
i. Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment.

Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract.

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I. Contractor Responsibilities
Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be reasonable for bringing in and then removing all equipment necessary to carry out the work outlined in the contract.

Q. General Conditions
i. Definitions
a. "Director's Representative" (DR) shall mean the Executive Director of Parks, Recreation and Community Services designated representative( s) b. "SAPRF" shall mean Santa Ana Park and Recreation Facilities. c. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as “trimming”
d. "Weed" shall mean any undesirable or misplaced plant. e. "Hardscape" shall mean any resilient surface other than turf or planting beds, such as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt pavement, mow strips, bollards, signs, grandstands, benches, picnic tables, drinking fountains, BBQ's, fencing, railing, tire stops, etc.

R. Scheduling of Work
i. The Contractor shall provide landscape/grounds maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the DRs consent. Landscape/grounds maintenance that generates excess noise cannot begin before 8:00 a.m.
ii. The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. In addition to the Contractor submitting the Monthly Park Maintenance Inspector's Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules •listing the work tasks, the crew performing the task, and the projected hours to complete the task. The schedules shall be emailed to the Director's Representative by Thursday at 4:00 p.m. for the upcoming week. Any changes in the schedule shall be reported in writing 48 hours before the proposed change and must be approved by the Director's Representative. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification.

S. Local Office
i. The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday, 8:00 a.m. to 5:00 p.m., with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. Storage yard or facility will not be

EXHIBIT II

ADDITIONAL TERMS AND CONDITIONS
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available for this contract.

T. Emergency Response
i. The contractor shall have an emergency "Stand-by" staff person assigned to respond to urgent calls after hours. The Contractor shall have the capability to answer calls immediately and respond to after-hours service within one (I) hour from the time the call is made.

U. Extra Work or Outside the Scope of Work
i. Damage or malfunction to site amenities, plant material, or irrigation system equipment by any of the following may be considered outside the scope of this Agreement unless otherwise specified herein:
a. Acts of God
b. Civil Disorder
c. Vehicle Collision (excluding Contractor and its employees and subs) d. Excavation or Re-surfacing of the Street
e. Power Failures
f. Underground Wiring Damage
g. Extra Work Requested by the DR
ii. Contractor will not be considered responsible for replacemen cost. The contractor must prove to the satisfaction of the Director's Representative that one of the above occurred in order to be excused from performing under the Agreement. iii. Extra Work or Outside the Scope of Work-Damage (a.k.a. Extra Work) shall be compensated:
a. Labor- 25% above prevailing wage
b. Materials- 15% above retail contractor's cost
c. Equip Rent-15% above contractor's cost
V. All Extra Work or Outside the Scope of Work
i. Damage work shall be performed by the contractor’s staff other than the routine maintenance staff assigned to the contract. Any staff routine maintenance Contractor's staff discovered performing Scope of Work- Damage work shall not be charged as Extra Work.

II. Uniforms and Vehcile Identification
W. The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests, and ANSI-approved safety shoes. All uniforms will be marked by patch, silkscreen, or embroidery with the company name and logo or other form of identification.

X. All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance, and without extensive visible damage, dirt, graffiti, etc. In addition, all vehicles shall have the company's name, contractor's license number, and contact information clearly identified on both sides and the rear of the vehicle.

Y. The DR reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards.

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IV. Safety Requirements
A. All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be in compliance with his/her companies City approved Illness and Injury Prevention Program and all Federal, State and Local OSHA requirements, laws and regulations.

B. All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching/shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting.

C. In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion, order the Contractor to stop performing and pay all costs and or damages resulting from the delay.

D. The Contractor shall perform all safety training required by OSHA, CalOSHA, and any and all authoritative government entities having authority over required safety training.

E. In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan, which shall include the annual OSHA safety training schedule and updated OSHA safety training records and employee safety training certificates. All OSI-IA Training shall be performed by a certified OSHA Trainer.

V. Safety Notification
A. If Contractor identifies a potential safety issue, Contractor shall:
i. Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitutes around the condition. ii. Notify the DR of the condition first by phone and then in writing (e-mail is acceptable), including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, the Contractor shall have no further responsibility regarding the condition.

VI. Undergound Alert Systems
A. Underground Alert Systems (telephone number l-800-422-4133) must be notified 48 - hours in advance prior to any excavation work.

VII. Property Damage
A. Any damage to private property caused by the Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement.

VIII. Access to Private Property
A. Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from the City RFP 23-152
City Council
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CITY OF SANTA ANA
and/or property owner
IX. Protection and Restoration of Existing Improvements A. The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property preapproved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property"
X. Traffic Control
A. The Contractor will not interrupt traffic flow on City streets without obtaining a no-fee permit from the City, Prior to performing maintenance activities where Contractor employees work immediately adjacent City vehicular lanes or any other situation covered under the California MUTCD, the Contractor shall implement no-fee permitted City approved traffic safety plans to protect the health and welfare of its employees and the general public prior to commencement of the agreement.

XI. Monthly Reports
A. Prior to the first of each month, the Contractor shall submit to the DR for approval:
i. The Excel Park Maintenance Inspector's Inspection Schedule including a detailed annual, monthly, weekly and daily work schedules consistent with task frequencies in Exhibit I
ii. A copy of certified payroll sent to the Department of Industrial Relations. on the required format/forms of employees assigned to the contract areas; iii. An updated organizational chart, or equal, listing the names, titles, schedules, and number of Full-Time Equivalent (FTE'S) assignments of all persons working in the contract areas;
iv. Invoices and packing slips of name, type, and quantities of commodities purchased; v. Green Waste recycling report including tonnage and name/location of the green waste recycling plant.

B. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director's Representative shall be immediately notified of any changes to the above information.

C. Failure to submit a report by the first of each month shall result in a fine of $100.00 per day for each report submitted late.

XII. Water Conservation & Programming of Controllers
A. The City shall be responsible for programming irrigation controllers and conserving water.

The Contractor shall be responsible for all repairs to lateral lines, rotors/heads/fittings.

XIII. Specifications Interpretation
A. The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed in writing prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the sole discretion of the DR, and the Contractor shall abide by all such interpretations.

RFP 23-152
City Council
City of Santa
12 –
Ana
30 1/16/2024

CITY OF SANTA ANA
XIV. Protection of Existing Facilities and Structures
A. The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or the DR shall make the determination of fault. The DR reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage within twenty-four (24) hours of the damage incurred.

B. If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precautions when working in these areas.

C. Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the DR and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized DR for a timely resolution of the problem.

XV. Substitutions
A. Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative.

XVI. Certifiication & Application of Materials
A. All materials shall be delivered to the site in original containers. Materials shall be subject to inspection by the DR. The DR will not approve materials not meeting the SAPRF standards, and the Contractor shall return any such non-satisfactory items at his/her cost.

B. No materials shall be applied prior to the DR verifying the specified quantities of materials.

Furthe1more, should the Contractor apply materials before the DR verifies correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials.

XVII. Contractor Neglect
A. Any damage to the City of Santa Ana, SAPRF, or private prope1ty, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF.

XVIII. Contstruction Equiptment
A. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment.

XIX. Sound Control Requirements
A. The Contractor shall comply with all local sound control and noise level rules, regulations RFP 23-152
City Council
City of Santa
12 –
Ana
31 1/16/2024

CITY OF SANTA ANA
and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any pu11iose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore, Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public.

XX. Inquiries & Complaints
A. The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, DR, and/or private citizens during normal working hours.

B. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the DR may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force, All costs of any such action shall be charged against the Contractor, or the DR may deduct such cost from any amount due to Contractor.

C. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or DR. If any complaint is not abated within a reasonable time, the DR shall be notified immediately of the reason for not abating the complaint followed by a written report to the DR within five (5) days, If the complaints are not abated within the time specified or to the satisfaction of the DR, the DR may collect the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges XXI. Notification of Locations of Work
A. The Contractor shall notify the DR when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations.

XXII. Work Force
A. The DR may evaluate each of the Contractor's staff and if he/she finds that a Contractors employee or sub-contractor's employee is not performing to the satisfaction of the DR, the DR shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice.

XXIII. Materials
A. The DR shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the DR inspects the materials to confirm they are correct per specifications. Note that the DR may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the DR inspecting the materials shall be considered not applied.

Therefore, the Contractor shall not be given credit towards the quantity of the specified RFP 23-152
City Council
City of Santa
12 –
Ana
32 1/16/2024

CITY OF SANTA ANA
material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the DR approval, apply the materials in the presence of the DR.

B. Prior to the application or use of any materials, the Contractor shall submit to the DR a minimum of 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the product's specifications, and the quantity of materials, prescribed method of use/application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage, and any other manufacturer's data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. i. The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards:
ii. All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition.
iii. Pesticides, including but not limited to Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides, shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container.
iv. Materials shall, as specified herein, matching those existing at the work site or as specified by the DR.
v. All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity.

XXIV. Trash Disposal and Recycling
A. All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters/green waste recycling facilities to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies.

XXV. Prevailing Wage Determination
A. General prevailing wage determination made by the Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter l, Article 2, Sections l 770, 1773 and 1773.1 is:
i. CRAFT: ## LANDSCAPE MAINTENANCE LABORER DETERMINATION: SCLML-2019-1 ISSUE DATE: February 22, 2019 ii. EXPIRATION DATE OF DETERMINATION: March 31, 2019* Effective until superseded by a new termination issued by the Director of Industrial Relations.

XXVI. City Responsibilities
RFP 23-152
City Council A. CITY-DIRECTOR'S AUTHORITY
City of Santa
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33 1/16/2024

CITY OF SANTA ANA
i. The DR is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the DR. In the event that the Contractor effects any such changes at the direction of any person other than the DR, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the DR shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The DR Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. ii. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work When the performance of the work or completion per schedule is determined to be sub-standard or not on schedule, the DR may recommend that all or a portion of payment be withheld. In addition, the DR shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable fo1· said deficiency and will be billed accordingly. iii. The DR shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sourc RFP 23-152
City Council
City of Santa
12 –
Ana
34 1/16/2024

EXHIBIT B
COMPENSATION – PROPOSAL PRICING
City Council 12 – 35 1/16/2024
Exhibit B
City Council 12 – 36 1/16/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Approve Agreement for Integrated Pest Management and Pest Control Services for City Parks and Facilities

AGENDA TITLE
Approve an Agreement with RPW Services, Inc. for Integrated Pest Management (IPM) and Pest Control Services at City Parks and Facilities in an Amount Not to Exceed $3,966,300 (RFP No. 23-153) (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with RPW Services, Inc. for integrated pest management and pest control services in an annual amount not-toexceed $661,050, plus an annual contingency of $132,210, for a total amount not-toexceed $3,966,300 for a three-year term beginning on February 1, 2024 and expiring January 31, 2027 with provisions for two, one-year extensions (Agreement No. A-2024- XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
As of July 1, 2022, park maintenance functions have transferred from the Parks, Recreation, and Community Services Agency (PRCSA) to the Public Works Agency (PWA). PWA’s Parks, Fleet, and Facilities Division provides landscape maintenance services at city parks and facilities. The city contracts for continuous Integrated Pest Management (IPM) and pest control services at city parks and facilities. IPM is a systematic approach for turf and open spaces management, reducing weeds and pests while promoting clean, healthy, and safe open spaces. The current agreement is scheduled to expire on January 31, 2024, and does not have any remaining renewal options.

The Public Works Agency issued Request for Proposal (RFP No. 23-153) on November 16, 2023, inviting qualified IPM and pest control service firms with relevant experience to submit their proposals to the City through PlanetBids. The RFP was advertised on the City’s online bid management and publication system. A summary of the RFP and proposals received is as follows:
303 Vendors notified
33 Santa Ana vendors notified
21 Vendors downloaded the RFP packet
2 Proposals received
City Council 13 – 1 1/16/2024
Approve Agreement for Integrated Pest Management and Pest Control Citywide January 16, 2024

Two proposals were received by the RFP deadline on November 30, 2023, opened, and both were deemed responsive. The selection committee evaluated all proposals with experience in integrated pest management and related program services. The highestranked firm will provide integrated pest management services for the City. Based on the criteria outlined in the RFP, the following summarizes the responding firms and their rankings:

Firm Location Rank
RPW Services, Inc. Orange, CA 1
Pest Options, Inc. Fullerton, CA 2
Staff recommends awarding the agreement to the highest-ranked firm based on the City’s projected needs. The proposal submitted by RPW Services, Inc. demonstrated they have the necessary capacity and expertise with similar contracts to provide IPM and pest control services as specified in the RFP. Additionally, the rates provided by the firm are reasonable and within industry standard, and the proposal was determined to provide the best overall value for the City. RPW Services, Inc. has provided on-call weed spraying services to the Street Maintenance Division of Public Works. This project is their first City project with the Park Maintenance Division.

FISCAL IMPACT
Funding is available in FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration.

Fiscal
Year
Accounting
Unit- Account
#
Fund
Description
Accounting Unit,
Account
Description
Amount
01117651-
62320
General Fund Park Maintenance
Service,
Enhancement,
Maintenance &
Repair, Buildings &
Ground
$276,300
01113220-
62300
General Fund PRCSA – Zoo,
Contract ServicesProfessional
$24,861
2023-24
Feb-June
07417655-
62320
General Fund Civic Center
Maintenance &
Repair Building
$29,365
FY 23-24 Total $330,526
0 Proposals received from Santa Ana
vendors
City Council 13 – 2 1/16/2024
Approve Agreement for Integrated Pest Management and Pest Control Citywide January 16, 2024

Fiscal
Year
Accounting
Unit- Account
#
Fund
Description
Accounting Unit,
Account
Description
Amount
01117651-
62320
General Fund Park Maintenance
Service
Enhancement,
Maintenance &
Repair Buildings &
Ground
$2,652,475
01113220-
62300
General Fund PRCSA – Zoo,
Contract ServicesProfessional
$238,661
FY 2024-
25 to FY
2027-28
07417655-
62320
General Fund Civic Center
Maintenance,
Maintenance &
Repair Building
$281,904
FY 2024-25 to FY 2027-28 Total $3,173,040
01117651-
62320
General Fund Park Maintenance
Service
Enhancement,
Maintenance &
Repair Buildings &
Ground
$386,820
01113220-
62300
General Fund PRCSA – Zoo,
Contract Services –
Professional
$34,805
FY 2028-
29 July-Jan
07417655-
62320
General Fund Civic Center
Maintenance,
Maintenance &
Repair Building
$41,110
FY 2028-29 (July-Jan) Total $462,735
TOTAL $3,966,300

EXHIBIT(S)

1. Agreement with RPW Services, Inc.

Submitted By: Nabil Saba, P.E., Executive Director of Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 13 – 3 1/16/2024
1 AGREEMENT WITH RPW SERVICES, INC.

TO PROVIDE INTEGRATED PEST MANAGEMENT AND

PEST CONTROL SERVICES
THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between RPW Services, Inc., a California corporation, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On October 26, 2023, City issued Request for Proposal No. 23-153 (“RFP”) seeking proposals from qualified firms and organizations to provide integrated pest management and pest control services.

B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in the RFP.

C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A and as detailed in the site maps provided in Exhibit B, attached hereto and incorporated by reference.

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the fees and rates set forth in consultant’s proposal submitted in response to City’s RFP and attached here as Exhibit C. The total sum to be expended under this Agreement shall not exceed $3,966,300 for the entire term of this Agreement, including any extension periods exercised by the parties, as detailed below. The annual not to exceed amount for this Agreement is $793,260, which includes a base annual amount of $661,050 plus a contingency of $132,210 for services to be exercised at the City’s sole discretion.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and EXHIBIT 1
City Council 13 – 4 1/16/2024
2 Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on February 1, 2024 for a three (3) year term until January 31, 2027, with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.

4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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.

5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or City Council 13 – 5 1/16/2024
3 caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE
Consultant shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, eitherthe general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
• Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and property damage. • Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such City Council 13 – 6 1/16/2024
4 work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

City Council 13 – 7 1/16/2024
5 Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ City Council 13 – 8 1/16/2024
6 letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this City Council 13 – 9 1/16/2024
7 Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not City Council 13 – 10 1/16/2024
8 similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:

RPW Services, Inc.

Attn: Paul Webb, President
2330 N. Pacific St.

Orange, CA 92865
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City Council 13 – 12 1/16/2024

EXHIBIT A

SCOPE OF SERVICES
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CITY OF SANTA ANA
This section establishes overall daily contract requirements that the Contractor shall perform unless otherwise specified in later sections. Other specifications given per section are to be utilized as unexpected situations arise and clarification of service is required. It is the Contractor’s obligation to fully understand the Intergrated Pest Management (IPM) & Pest Control Services.

Additionally, for all mulch and compost needs that may be necessary for IPM and Pest Control Services, the City’s Refuse Contractor Republic Services shall provide freee mulch and compost for all City projects. For all other mulch and compost that requires the Contractor to procure, the the Contractor shall:
 Use Compost and Senate Bill (SB) 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovations, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).  Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to the City’s Solid Waste Enterprise annually upon request. Information to be provided shall include:
a. General description of how and where the product was used and applied; b. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured;
c. Quantity and type of each product; and
d. Invoice or other record demonstrating purchase or procurement I. Description of Work

ROUTINE MAINTENANCE
The City of Santa Ana, Park Services Division embraces and promotes sustainable site design and management principles and best management practices where feasible. The use of Integrated Pest Management (IPM) and organic pesticides, in lieu of traditional synthetic pesticides, are encouraged and, in cases listed herein, required as a part of this agreement.

The Contractor, as part of our site management subject expert, shall play an important role toward recommending, using and collecting data concerning the use of IPM and organic pesticide products as specified herein.

The Contractor shall assign the appropriate number of staff at the appropriate skill level and rank in their organization, to continuously improve the quality of Santa Ana Parks and Facilities.

The Contractor understands and agrees by entering into the agreement with the City of Santa Ana Park Services Director’s Representative (DR) shall be the sole source of interpreting the

EXHIBIT I

SCOPE OF SERVICES
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Exhibit A
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CITY OF SANTA ANA
specifications and the quality of work specified herein in writing. Should the Contractor fail to provide the City with the level of service specified, the DR shall have the authority to direct the Contractor to add additional staff, equipment or both to achieve the maintenance standards specified herein.

Each week the Contractor’s Supervisor or their designated representative shall inspect each site and respond to IPM and pest control issues. The Contractor shall also take a time/date stamped photographs documenting site inspections and noting any issues relating to but not limited to safety, maintenance, malfunctions, vandalism, hazardous conditions or otherwise abnormal conditions that are inconsistent with the quality standards specified herein or threaten people and/or property by reporting the condition immediately to the DR. Failure to inspect each site on a daily occurance before 9:00am will result in a $300 penalty per site.

Routine maintenance shall include, but, not be limited to the following services performed at the Work Sites and per the City of Santa Ana Parks Maintenance location maps.

1. Certification of Applicators
a. All IPM and agricultural pest control employee-applicators shall possess and maintain a state licensed/certified agricultural pest control Qualified Applicators License (QAL) or a Qualified Applicators Certificate (QAC). Any employee serving as an assistant(s) shall not be required to possess at QAL or QAC. At no time shall an unlicensed or uncertified employee perform any application of pesticides including, but not limited to, applying IPM, organic and/or pest control products.

2. Integrated Pest Management (IPM) & Organic Pesticide Products BMP’s a. IPM best management practices and products shall be the first option considered for all pest control needs. When confronted with a pest issue, the Contractor shall demonstrate to the DRs satisfaction, that all IPM/Organic products and methods were considered before recommending synthetic pesticides/products for pest control.

3. Notification of Intent (NOI) to Apply Pesticides
a. The Contractor shall notify the Orange County Agricultural Commissioner’s Inspector (whose area or responsibility is the City of Santa Ana) directly and copy the DR via email a minimum of 48 hours in advance of any proposed IPM/pesticide applications. The required information shall be the name of the proposed IPM, organic or pesticides to be applied listing the manufacturer/name of the pesticide, the rate(s) of application, the reentry period and the method of application (see Attachment __)

4. On-Site Public Notification
a. Prior to starting any IPM/pest control applications, the Contractor provide A-frame barricades, and shall post plastic sealed 18”x24” signs at a maximum 300’ intervals (where applicable) public notification posters listing the company performing the application, the proposed pesticides to be applied listing the manufacturer/name of the pesticide, the rate(s) of application, the reentry period and the method of application.

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b. The Contractor shall have an assistant assigned to watch-out for the general public and, if any person attempts to enter the area where IPM/pest control products are being applied, to protect them by stopping their entry into the application zone.

Should a person(s) from the general public ignore the assistants warnings, the assistant shall cause the QAL/QAC Applicator to cease operations until the DR can be contacted for assistance.
c. Following completion of the QAL/QAC Applicators applications, the Contractor’s Assistant shall continue to protect the general public by warning them not to enter the pest control application zone until the re-entry zone time frame has passed.

5. Integrated Pest Management (IPM) & Pest Control Services a. Weed Abatement
i. All casual and priority/sports turf areas shall always be free of weeds.

Weeds shall be removed by hand and/or approved mechanical, organic or herbicide methods. The Contractor shall apply post-emergent herbicides a minimum of one (1) time per month to abate all weeds to turf areas being careful to not damage or eradicate non-target plant material. The Contractor shall be responsible for the replacement of any non-target plant material of like quantities, size and species per the DRs direction. In addition, the DR may dispatch City staff or other contractor’s to remove/eradicate weeds that reach one (1) inch or greater or when weeds exist in turf areas and are not
removed/eradicated immediately. In such instance, the cost will be deducted from the Contractor’s monthly invoice.
ii. The Contractor may elect to apply pre-emergent herbicides as a strategy to reduce the germination of weeds at park properties. Should the Contractor elect to apply pre-emergent herbicides to control the germination of weeds, they shall get written approval from the DR prior to applying specific products. Note, should pre-emergent herbicides harm plant material, the Contractor shall remove the damaged plant material and replace the affected area with like quantities, sizes and species of plant material to the satisfaction of the DR. b. Sport/Priority Turf Management Support
i. Perennial Rye Grass Eradication - Beginning in April all sport/priority turf shall have post-emergent herbicide Revolver (16-17 oz./acre), nonionic surfactant, a turf marker and ferrous oxide pre-mixed in a tank to eradicate perennial rye grass, poa annual and other turf species indicated on the product label. Following the initial application, the Contractor shall continuously apply post emergent herbicides to eradicate all turf and broadleaf weeds.
c. Disease and Pest Control
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i. The Contractor shall inspect weekly all landscaped turf areas for the presence of disease, fungus, insect, rodent infestation, or any other pests. If any pests, such as but not limited to, disease, insect, algae, birds, animals, such as rabbits, rats, squirrels, or rodent infestation (rodents including rats, gophers, moles, voles, etc.) is discovered, it shall immediately be controlled by the Contractor using the safest and most expedient method. Note that rodents, such as rats, if found in the landscape, regardless of whether or not they inhabit adjacent buildings, are considered agricultural pests and shall be treated as a part of this agreement.
ii. If any plant material (turf, groundcover, shrubs, trees) dies due to pest damages the Contractor will be required to replace the plant with like quantities, species and size at no extra cost to the City. In the case where turf is lost due to pest damage, the Contractors shall replace the area of turf lost with thick cut West Coast Turf Bandera Bermuda (during spring/summer) and thick cut West Coast Turf Bandera Bermuda that has been cropped over with Perennial Rye grass (during fall/winter).

6. Soil Fertility & Fertilization Services
a. Biological Soil Testing & Analysis
a. Twice per year the Contractor shall hire a subcontractor specializing in soil/water/plant tissue testing to perform biological and traditional soil testing at each park on groundcover/shrub/trees/turf soils so they can gather information regarding soil nutrient levels, compaction, composition, potential of hydrogen (PH), compost and all aspects of a soils biological health. The contractor shall also test water quality and soil analysis to determine which soil beneficial biologicals are present and in need of being added to soils. Following soil testing, the Contractor shall provide a report to the Park Services Inspection Supervisor for each sample taken which makes specific recommendations to be considered for improving the overall health and vitality of the soil.

7. Landscape Areas – All landscape areas shall be fertilized using the following products and rates:
a. Casual Turf: California Organics Phyta Grow Leafy Green 7-1-2 granular slowrelease fertilizer at a rate of 500 pounds per acre one (2) time per year in March and August.
b. Sport/Priority Turf: California Organics Phyta Grow Leafy Green 7-1-2 granular slow-release synthetic fertilizer at a rate of 700 pounds per acre one (2) time per year in April and October.
c. All Palms and Cycads shall be fertilized two times per year using California Organic Phyta-Boost 7-1-2 at five pounds per cycad/palm and California Organic Compel pelletized organic compost at 3 pounds per Palm/Cycad.

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8. Integrated Pest Management (IPM) & Organic Pest Management & Data Collection Sites
a. (Optional, Additional work) Each landscape-grounds park district shall have one (1) designated test site for use of IPM/Organic Pest Management control measures only. The Contractor shall manage and collect data at the sites utilizing only IPM/Organic pesticides and/or manual/mechanical control measures only:
i. District 1 – 17th Street Triangle Park
ii. District 2 – Angels Community Park
iii. District 3 – Heritage Park
iv. District 4 – McFadden Triangle Park

9. Annual Cost-Benefit Analysis Report
a. Each year the Contractor shall prepare a Cost-Benefit Analysis report identifying specific comparative costs, benefits, and/or challenges, associated with the use of IPM/Organic pesticide and use of manual/mechanical labor to control pests in the four (4) designated IPM/Organic park sites versus the other park sites which may also use synthetic pest control products.
b. The report shall specifically report all pesticides (IPM/organic/synthetic), what type of pesticide category they belong too, their brand names, active ingredient and percent, EPA#, whether they are liquid, granular, wettable powder, etc., the total annual quantities applied and manual/mechanical labor in hours needed to control pests throughout the designated test sites in the four (4) districts versus the other park sites which may use synthetic pest control measures. c. The report shall list the total annual cost of materials, labor and equipment used to control pests in the four (4) per park site and also be broken down by cost per acre.

The report shall also have the total annual cost of materials, labor and equipment to control pests in the other parks which may use traditional synthetic control products. The report shall compare the cost, benefits, challenges, and have recommendations for future consideration. Note, the DR shall have the authority to add additional cost-benefit report criteria as deemed necessary. Should the DR require additional cost-benefit information, he/she shall submit to the Contractor the direction in writing.
d. The Contractor’s shall create an annual cost-benefit analysis report to be sent to the DR, shall include an Executive Summary, a narrative describing the general findings based upon the data collected and recommendations for the City’s consideration

10. Specialized Maintenance
a. Santa Ana Zoo Chemical Use - All pesticides and fertilizers must be approved as safe for the animals by the Zoo Manager or Zoo Veterinarian prior to their application at the Zoo. The Zoo Manager or their representative shall be informed prior to any application of chemicals/fertilizers on zoo property.

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Definitions

1. Director’s Representative (DR): shall mean the Executive Director of Parks, Recreation and Community Services designated representative(s).

2. Weed: any undesirable or misplaced plant.

3. Hardscape: any resilient surface other than turf or planting beds, such as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt pavement, mow strips, bollards, signs, grandstands, benches, picnic tables, drinking fountains, BBQ’s, fencing, railing, tire stops, etc.

4. Integrated Pest Management (IPM): any biological live pest control solution.

5. Organic: any non-synthetic product pest control solution.

6. Synthetic: any non-IPM or organic pest control solution.

7. Compost: The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4).

The eligibility requirements for meeting the Annual Recovered Organic Waste Product Procurement Target require that the Compost must either be i) produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7; or ii) produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations regulatory requirements.

8. Direct Service Provider: A person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).

9. Recovered Organic Waste Products: Products made from California, landfill-diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.

10. SB 1383: Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

11. SB 1383 Eligible Mulch: Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7, and which meets the conditions as specified by 14 CCR Section 18993.1(f)(4) for the duration of the applicable procurement compliance year.

EXHIBIT II

ADDITIONAL TERMS AND CONDITIONS
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Scheduling of Work

1. The Contractor shall provide IPM/organic/synthetic pest control maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. The schedule may be modified only with the Director’s Representative consent. Landscape/grounds maintenance that generates excess noise can begin at 8:00 am.

2. The Contractor shall establish schedules of “routine work” to be followed in the performance of this contract. In addition to the Contractor submitting the Monthly Park Maintenance Inspector’s Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules listing the work tasks, crew performing the task, and the projected hours to complete the task. The schedules shall be emailed to Director’s Representative by Thursday at 4:00pm for the upcoming week. Any changes in scheduling shall be reported in writing 48 hours before the proposed change and must be approved by the Director’s Representative. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification.

3. Local Office - The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office.

4. Emergency Response – The Contractor shall have an emergency “Stand-by” staff person assigned to respond to urgent calls after hours. The Contractor shall have the capability to answer calls immediately and respond to after-hours service within one (1) hour from the time the call is made.

Extra Work or Outside the Scope of Work

1. Damage or malfunction to site amenities, plant material or irrigation system equipment by any of the following may be considered outside the scope of this Agreement unless otherwise specified herein:
a. Acts of God
b. Civil Disorder
c. Vehicle Collision (excluding Contractor and its employees and subs) d. Excavation or Re-surfacing of the Street
e. Power Failures
f. Underground Wiring Damage
g. Extra Work Requested by the Director’s Representative

2. Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director’s Representative that one of the above occurred in order to be excused from performing under the Agreement.

Extra Work or Outside the Scope of Work-Damage (a.k.a. Extra Work)

1. Shall be compensated at the following percentages:
a. Labor - 25% above prevailing wage
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b. Materials - 15% above retail contractors cost
c. Equipment Rental - 15% above contractor’s cost

2. All Extra Work or Outside the Scope of Work-Damage work shall be performed by Contractor’s staff other than the routine maintenance staff assigned to the contract. Any staff routine maintenance Contractor’s staff discovered performing Scope of Work-Damage work shall not be charged as Extra Work.

Uniforms & Vehicle Identification

1. The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, silk screen or embroidery with the company name and logo or other form of identification.

2. All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company’s name, contractor’s license number and contact information clearly identified on both sides and the rear of the vehicle.

3. The Director’s Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards.

Safety Requirements

1. All work performed under this contract shall be completed with maximum safety as the priority above all ther requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program and all Federal, State and Local OSHA requirements, laws and regulations.

2. All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting.

3. In the event unsafe work is observed by City staff or otherwise reported, the Director’s Representative may, at his discretion, order the Contractor to stop performing and pay all costs and or damages resulting from the delay.

4. The Contractor shall perform all safety training required by OSHA, CalOSHA and any and all authoritative government entities having authority over required safety training.

5. In addition, the Contractor shall submit to the Director’s Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan which shall include the annual OSHA safety training schedule and update OSHA safety training records and employee safety training certificates. All OSHA Training shall be performed by a certified OSHA Trainer.

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Saftey Notification
If Contractor identifies a potential safety issue, Contractor shall:

1. Notify the public that potentially unsafe conditions exist by installing yellow “Caution Tape” and “A” frame barricades or equal substitute around the condition.

2. Notify the Director’s Representative of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition.

Underground Alert Systems

1. Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48-hours in advance prior to any excavation work.

Propety Damage

1. Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement.

Access to Private Property

1. Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or property owner
Protection and Restoration of Existing Improvements

1. The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property preapproved for removal. Contractor shall abide by the City’s “Policy for Driving on Park Property” (See Attachment 4)
Traffic Control

1. The Contractor will not interrupt traffic flow on City streets without obtaining a no-fee permit from the City. Prior to performing maintenance activities where Contractor employees work immediately adjacent City vehicular lanes 35 miles per hour or greater, or any other situation covered under the California MUTCD, the Contractor shall implement no-fee permitted City approved traffic safety plans to protect the health and welfare of its employees and the general public prior to commencement of the agreement.

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Monthly Reports

1. Prior to the first of each month the Contractor shall submit to the Director’s Representative for approval:
a. The Excel Park Maintenance Inspector’s Inspection Schedule including a detailed annual, monthly, weekly and daily work schedules consistent with task frequencies in Exhibit A;
b. A copy of certified payroll sent to the Department of Industrial Relations (DIR) on the DIR required format/forms of employees assigned to the contract areas; c. An updated organizational chart, or equal, listing the names, titles, schedules and number of Full-Time Equivalent (FTE’e) assignments of all persons working in the contract areas;
d. Invoices and packing slips of name, type and quantities of commodities purchased;
e. Annual/monthly pesticide use report completed on the City’s Excel form;

2. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director’s Representative shall be immediately notified of any changes to the above information.

3. Failure to submit a report by the first of each month shall result in a fine of $100.00 per day for each report submitted late.

Water Conservation & Programming of Controllers

1. The City shall be responsible for programming irrigation controllers and conserving water. The Contractor shall be responsible for all repairs and performing the weekly visible checks and the providing a monthly written pesticide use report on the City provided Excel spreadsheet form.

Specifications Interpretation

1. The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the sole discretion of the Director’s Representative, and the Contractor shall abide by all such interpretations
Protection of Existing Facilities

1. The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or Director’s Representative shall make the determination of fault. The Director’s Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred.

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2. If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas.

3. Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the Director’s Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director’s Representative for a timely resolution of the problem.

Substitutions

1. Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative.

Certification & Application of Materials

1. All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director’s Representative. The Director’s Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non-satisfactory items at his/her cost.

2. No materials shall be applied prior to the Director’s Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director’s Representative verifies correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials.

Contractor Neglect

1. Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor’s neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF.

Construction Equiptment

1. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment.

Sound Control Requirements

1. The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public.

RFP 23-151
City Council
City of Santa
13 –
Ana
24 1/16/2024

CITY OF SANTA ANA
Inquiries & Complaints

1. The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, Director’s Representative, and/or private citizens during normal working hours.

2. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the Director’s Representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the Director’s Representative may deduct such cost from any amount due to Contractor.

3. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or Director’s Representative. If any complaint is not abated within a reasonable time, the Director’s Representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director’s Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director’s Representative, the Director’s Representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges Notification of Locations of Work

1. The Contractor shall notify the Director’s Representative when the contractor’s crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations.

Workforce

1. The Director’s Representative may evaluate each of the Contractor’s staff and if he/she finds that a Contractors employee or sub-contractor’s employee is not performing to the satisfaction of the Director’s Representative, the Director’s Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice.

Materials

1. The Director’s Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director’s Representative inspects the materials to confirm they are correct per specifications. Note that the Director’s Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director’s Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director’s Representatives approval, apply the materials in the presence of the Director’s Representative:

RFP 23-151
City Council
City of Santa
13 –
Ana
25 1/16/2024

CITY OF SANTA ANA

2. Prior to the application or use of any materials the Contractor shall submit to the Director’s Representative a minimum 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use/application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer’s data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement.

3. The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards:

4. All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition.

5. Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer’s original container.

6. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director’s Representative.

7. All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity.

TRASH DISPOSAL AND RECYCLING

1. All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies.

City Responsibilities - City-Director’s Authority
The Director’s Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director’s Representative. In the event that the Contractor effects any such changes at the direction of any person other than the Director’s Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director’s Representative shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director’s Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion.

RFP 23-151
City Council
City of Santa
13 –
Ana
26 1/16/2024

CITY OF SANTA ANA
The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub-standard or not on schedule, the Director’s Representative may recommend that all or a portion of payment be withheld. In addition, the Director’s Representative shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly.

The Director’s Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources.

RFP 23-151
City Council
City of Santa
13 –
Ana
27 1/16/2024

CITY OF SANTA ANA

APPENDIX II

ADDITIONAL PROVISIONS

2. ADDITIONAL SERVICES
The City reserves the right to request additional services associated to IPM & Pest Control Management Services.

Prior to performance of any work the City will negotiate scope/pricing and the contractor must provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an “Authorization for Extra Work” form.

3. POLICY FOR DRIVING ON PARK PROPERTY
Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances:

A. When delivering over 30 lbs. of equipment or supplies to a job site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities.

D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage.

E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering.

F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations.

City Council 13 – 28 1/16/2024

CITY OF SANTA ANA

APPENDIX III

APPROVED EQUIPMENT
The purpose of this specification is to assure that all maintenance equipment used in the agreement is appropriate for the performance of the work specified, is well maintained and in safe condition for the operators. The Director has the authority direct the Contractor to remove a piece of equipment deemed unsafe, not in top mechanical condition, performing unsatisfactorily or for any reason deemed necessary.

All equipment shall be maintained, at the least, to the manufacturer’s requirements or specifications.

The Contractor shall possess and maintain the following equipment, or approved equals, for the duration of the agreement. The Contractor shall also show that they have back-up equipment or can acquire back-up equipment within 12 hours from the time a piece of equipment fails due to breaks down and/or is directed to be removed due to it being unsafe and/or is performing unsatisfactorily:

Preferred Equipment

1. Boom Sprayer – John Deere HD200 SelectSpray three-way folding 15/21ft. spray boom fitted on John Deere 24 HP ProGator utility vehicle.

2. Spraying Device Inc. (SDI) VM 300 truck/trailer mounted 300 Gallon Sprayer

City Council 13 – 29 1/16/2024

EXHIBIT B

VARIOUS CITY SITE MAPS
City Council 13 – 30 1/16/2024
APPENDIX I - DISTRICT 1 MAPS
City Council 13 – 31 1/16/2024
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City Council 13 – 33 1/16/2024
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City Council 13 – 36 1/16/2024
APPENDIX I - DISTRICT 2 MAPS
City Council 13 – 37 1/16/2024
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City Council 13 – 50 1/16/2024
e Playground Asset (2)
Athletic Field
8 0
Multipurpose Field (1)
GIS Park Boundary (1)
75 150
Feet
Bomo Koral Park
APPENDIX I - DISTRICT 3 LOCATION MAPS
City Council 13 – 51 1/16/2024
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APPENDIX I - DISTRICT 4 LOCATION MAPS
City Council 13 – 58 1/16/2024
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City Council 13 – 66 1/16/2024
Santa Ana Zoo (map 1 of 3)

APPENDIX I - SANTA ANA ZOO
City Council 13 – 67 1/16/2024
Santa Ana Zoo (map 2 of 3) Lot Detail
General Maint. and Clean Up – 8.1 Daily Maintenance
City Council 13 – 68 1/16/2024
Santa Ana Zoo (map 3 of 3) Lot Detail
General Maint. and Clean Up – 8.6 Weekly Maintenance
City Council 13 – 69 1/16/2024
Civic
Center
(1 of 3)
All
Priority
Turf

APPENDIX I -
CIVIC
CENTER
City Council 13 – 70 1/16/2024
Civic
Center
(2 of 3)
All
Priority
Turf
Not Part Of Civic Center Scope
City Council 13 – 71 1/16/2024
Civic
Center
(3 of 3)
All
Priority
Turf
City Council 13 – 72 1/16/2024

EXHIBIT C

PRICING PROPOSALS/RATES
City Council 13 – 73 1/16/2024
Exhibit B
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Public Works Agency
www.santa-ana.org/public-works
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Santa Ana Zoo Giant River Otter and Primate Trails

AGENDA TITLE
Approve a Takeover Agreement with Great American Insurance Group to Take Over the Santa Ana Zoo Giant River Otter and Primate Trails Project and Approve an Amendment to the Agreement with CLR Design to Increase the Construction Administration Services Amount by $75,000 for a New Estimated Total Services Cost of $193,000 (Project No. 16-2658) (Non-General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute a takeover agreement with Great American Insurance Group subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works construction, to take over the Santa Ana Zoo Giant River Otter and Primate Trails Project and be responsible for the completion of all work in accordance with the contract (Agreement No. A-2024-XXX).

2. Authorize the City Manager to execute a first amendment to the agreement with CLR Design Inc. for construction support services for the Santa Ana Zoo Giant River Otter and Primate Trails Project, to increase the amount by $75,000, for a total agreement amount of $193,000 (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On November 2, 2021, the City Council awarded a contract to HYM Engineering (Exhibit 1), the lowest responsible bidder, in accordance with the base bid in the amount of $5,289,238, for construction of the Santa Ana Zoo Giant River Otter and Primate Trails Exhibit, which is located in the heart of the Santa Ana Zoo. (Exhibit 2).

On April 20, 2021, the City Council awarded an agreement with CLR Design, Inc. for Bidding and Construction Administration. This agreement was then extended on April 3, 2023 (Exhibit 3). HYM Engineering (Contractor) met all inspection and testing requirements to complete approximately 60% of the contract scope of work but due to issues unrelated to the project, the Contractor defaulted on the contract. In compliance with the Greenbook: Standard Specification for Public Works Construction, staff began City Council 14 – 1 1/16/2024
Santa Ana Zoo Giant River Otter and Primate Trails
January 16, 2024

the process of terminating the contract for Default. In June 2023, staff terminated the contract with HYM Engineering and negotiated with Great American Insurance Group to take over the project as required by the Performance and Payment Bonds (Exhibit 4).

Because of this takeover agreement, staff recommends to amend the existing agreement with CLR Design Inc. for construction administration to increase the agreement capacity to provide services throughout the life of the new project timeline and extend the agreement term until April 2025 (Exhibit 5).

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review.

FISCAL IMPACT
There is no fiscal impact associated with this action. The originally approved project cost analysis will not change and the surety will be responsible for expenses related to the transition and cost escalation of labor and materials.

EXHIBIT(S)

1. HYM Staff Report

2. Location Map

3. CLR Agreement & Extension

4. Great American Insurance Group Takeover Agreement

5. CLR Amendment Agreement
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 14 – 2 1/16/2024
Public Works and Parks Recreation & Community Services Agencies www.santa-ana.org/pw
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 2, 2021
TOPIC: Santa Ana Zoo Giant River Otter and Primate Trails

AGENDA TITLE
Approve Appropriation Adjustment and Award a Construction Contract to HYM Engineering in the Amount of $5,289,238 for the Santa Ana Zoo Giant River Otter and Primate Trails FY 2021-22 Project with an Estimated Project Delivery Cost of $6,600,000 (Project No. 16-2658) (Non-General Fund)

RECOMMENDED ACTION

1. Award a contract and authorize the City Manager to execute a construction contract with HYM Engineering, the lowest responsible bidder, in accordance with the base bid in the amount of $5,289,238, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Santa Ana Zoo Giant River Otter and Primate Trails project, subject to non-substantive changes approved by the City Manager and the City Attorney.

2. Approve an appropriation adjustment to recognize $600,000 in donations from Friends of the Santa Ana Zoo into the PRCSA Fee & Donation, Gifts & Donations revenue account and appropriate the same amount into the PRCSA Fee & Donation, Improvements Other than Building expenditure account for the Santa Ana Zoo Giant River Otter and Primate Trails project. (Requires five affirmative votes)

3. Approve an appropriation adjustment to recognize $3,108,060.79 from prior-year fund balance in the Residential Development District 3, Acquisition & Development, Prior-Year Carry Forward revenue account and appropriate the same amount into the Residential Development District 3, Acquisition & Development expenditure account for the Santa Ana Zoo Giant River Otter and Primate Trails project. (Requires five affirmative votes)

4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include in construction funds, $600,000 from the PRCSA Fees & Donation Fund, and $3,108,060.79 from the Residential Development District 3, Acquisition & Development Fund, for the Santa Ana Zoo Giant River Otter and Primate Trails project (No. 16-2658), for and total project budget increase of $3,708,060.79.

EXHIBIT 1
City Council 14 – 3 1/16/2024
Award Construction Contract to HYM Engineering
November 2, 2021

DISCUSSION
The existing “Amazon’s Edge” exhibit, built in 1990, needs a complete renovation of its water filtration system, moat, and visitor observation area. In addition, the Association of Zoos and Aquariums (AZA) indicated the Santa Ana Zoo needs to modernize primate habitats to regain accreditations. The Santa Ana Zoo Giant River Otter and Primate Trails project will respond to all of these needs by encompassing an extensive transformation that will include redesign and reconstruction of existing facilities, installation of an underwater viewing area, and incorporation of an elevated primate trail system that opens up to large mesh habitats. Once completed, the exhibit will be a multi-species habitat that is home to Giant River Otters and large primates. The location of this project can be found on the attached location map (Exhibit 1).

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of three regional vendors via PlanetBids, none of which are Santa Ana-based. Three vendors requested bidding documents, and a total of three bids were received. Bids were not received from any Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on May 11 and May 18, 2021. The project was also advertised in PlanetBids from July 19, 2021, through August 17, 2021. All Bids were received electronically via PlanetBids on August 17, 2021.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 HYM Engineering Inc. Fullerton $5,289,238.00
2 Kazoni Construction Costa Mesa $5,828,567.00
3 Metro Builders & Engineers
Group Newport Beach $6,756,206.00
A total of three bids were received, and all were deemed responsive. HYM Engineering submitted the lowest responsive base bid, in the amount of $5,289,238 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to HYM Engineering in the amount of the base bid totaling $5,289,238 (Exhibit 3).

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions.

City Council 14 – 4 1/16/2024
Award Construction Contract to HYM Engineering
November 2, 2021

Construction administration and inspection includes construction management; implementation of the City’s Community Workforce Agreement requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $6,600,000.

Project Item Total
Construction Contract $5,289,238.00
Construction Administration, Inspection, Testing $781,838.20 Contingencies $528,923.80
TOTAL CONSTRUCTION DELIVERY COST $6,600,000.00

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2018-18 was for the project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act.

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $6,600,000, which includes construction, contract administration, inspection, testing, and an authorized contingency.

Approval of the requested Appropriation Adjustments will provide the following funding:

1. Recognize $600,000 in donations from FOSAZ into the PRCSA Fee & Donation, Gifts & Donations revenue account (No. 02213002-57081) and appropriate the same amount into the PRCSA Fee & Donation, Improvements Other than Building expenditure account (No. 02213200-66220).

2. Recognize $3,108,060.79 from prior year fund balance in the Residential Development District 3, Acquisition & Development, Prior Year Carry Forward revenue account (No. 31313002-50001) and appropriate the same amount into the Residential Development District 3, Acquisition & Development expenditure account (No. 31313260-66220).

With the approval of the $3,708,060.79 amendment to the Fiscal Year 2021-22 Capital Improvement Program (Exhibit 5) and corresponding appropriation adjustments, the additional funding for this project will be available for expenditure in Fiscal Year 2021-22.

The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2022-23 for expenditure.

City Council 14 – 5 1/16/2024
Award Construction Contract to HYM Engineering
November 2, 2021

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account
Description
Amount

APROPRIATION ADJUSTMENTS
2021-22 02213200-66220 PRCSA Fees
& Donation
PRCSA Fee &
Donation,
Improvements Other
Than Building
$600,000.00
2021-22 31313260-66220
Residential
Development
District 3
PRCSA-Acquisition &
Development,
Improvements Other
Than Building
$3,108,060.79

EXISTING PROJECT BUDGET
2021-22 31313261-66220
(Proj. 16-2658)
Residential
Development
District 3
PRCSA-Acquisition &
Development In Lieu,
Improvements Other
Than Building
$1,044,223.00
2021-22 31313260-66220
(Proj. 16-2658)
Residential
Development
District 3
PRCSA-Acquisition &
Development,
Improvements Other
Than Building
$1,847,716.21
Total $6,600,000.00

EXHIBIT(S)

1. Location Map

2. Bid Results

3. Construction Contract

4. Cost Analysis

5. CIP worksheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency and Lisa Rudloff, Executive Director, Parks, Recreation & Community Services Agency Approved By: Kristine Ridge, City Manager
City Council 14 – 6 1/16/2024
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 16-2658:

SA Zoo Giant River Otter
Habitat
EXHIBIT 1
City Council 14 – 7 1/16/2024
EXHIBIT 2
City Council 14 – 8 1/16/2024
City Council 14 – 9 1/16/2024
City Council 14 – 10 1/16/2024
EXHIBIT 3
City Council 14 – 11 1/16/2024
City Council 14 – 12 1/16/2024
City Council 14 – 13 1/16/2024
EXHIBIT 4
Construction Contract 5,289,238.00 $
Contract Administration, Inspection and Testing 781,838.20 $ Contingencies 528,923.80 $
TOTAL ESTIMATED CONSTRUCTION COSTS 6,600,000.00 $
CONSTRUCTION OF PROJECT NO. 16-2658: Santa Ana Zoo Giant River Otter and Primate Trails

COST ANALYSIS
City Council 14 – 14 1/16/2024
CITY OF SANTA ANA FY 21/22CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Renovate the existing Amazon Edge Exhibit into a new Giant River Otter Exhibit.

PROJECT NEED:

The existing Amazon Edge Exhibit needs complete renovation to its water circulation and pumping system. In addition, AZA indicated the SA Zoo needs updated exhibits to regain accreditations. The old Amazon Edge Exhibit will be completely redesigned into a new Giant River Otter Habitat with an underwater viewing area. The improvements will also include a monkey highway through the trees and landscape to bring the animals closer to the viewer.

PROJECT TITLE:

Santa Ana Zoo Giant River Otter
Habitat
PROJECT CATEGORY:

Park Facility Improvements
Park Facility

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Parks, Rec. & Community Services Administration Ron Ono, Administrative Services Manager 13-Oct-2021 PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 3,708,061 - - - - - -
TOTAL 3,708,061 - - - - - -
SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 A & D District 3 3,108,061 - - - - - -
PRCSA F&D 600,000 - - - - - -
TOTAL 3,708,061 - - - - - -
City Council 14 – 15 1/16/2024
© 2012-2017 Digital Map Products. All rights reserved. 1 258 feet
EXHIBIT 2
City Council 14 – 16 1/16/2024
Public Works Agency
https://www.santa-ana.org/pw
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 20, 2021
TOPIC: Agreement with CLR Design, Inc. for Bidding and Construction Administration

AGENDA TITLE
Approve Agreement with CLR Design, Inc. for Bidding and Construction Administration Services for the Santa Ana Zoo Giant River Otter and Primate Trails Project in the Amount of $106,980 With an Estimated Total Cost of $118,000 (Project No. 16-2658) (NonGeneral Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with CLR Design, Inc. for Bidding and Construction Administration Services for the Santa Ana Zoo Giant River Otter and Primate Trails Project, for a two-year period beginning April 20, 2021 and expiring April 20, 2023, with provisions for two one-year renewal options exercisable by the City Manager and City Attorney, in an amount not to exceed $118,000, including any renewals, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Amazon’s Edge exhibit at the Santa Ana Zoo opened to the public in 1993. Through the Giant River Otter and Primate Trails Project, the exhibit will be renovated, upgraded, and expanded into a new multi-species complex. The complex will include giant river otters and large primates. Improvements include renovation of the current exhibit area, water moat, life support-water filtration system, viewing structure, and holding facility. The project will also include the addition of an adjacent exhibit area, which will be connected to the original Amazon’s Edge by an overhead primate trail system.

CLR Design Inc. was originally retained in 2016 through a competitive procurement process to provide zoological design services for the renovations to the Amazon’s Edge exhibit. The agreement laid out a five-task approach for completing the scope of work. In January 2018, the City Council authorized an amendment to the agreement to expand the scope in response to the Association of Zoos and Aquariums’ concerns about current primate housing at the Zoo. The design and plan check process for the additional work was lengthier than anticipated and the terms of the agreement were exhausted before the final task (Bidding and Construction Administration) could be completed.

EXHIBIT 3
City Council 14 – 17 1/16/2024
Approve Agreement with CLR Design, Inc.

April 20, 2021

Staff recommends approval of the agreement with CLR Design, Inc. (Exhibit 1) in order for the firm to complete the final task due to the specialized design, uniqueness, and complexity of the project and the services they provide. It is critical to keep the firm as part of the construction administration team to assist with answering detailed questions during the bid period, to prepare addenda, to respond to Requests for Information, assist with submittal review, to attend site meetings, and conduct site inspections.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The following table summarizes the funds budgeted and available for the estimated total cost of the agreement. Any unspent funds will be carried forward for the agreement term and renewal periods, if exercised.

Fiscal
Year
Accounting
Unit-Account
No.
(Project No.)
Fund
Description
Accounting Unit –
Account
Description
Amount
2020-21 31313260-66220
(16-2658)
Residential
Development
District 3
Acquisition and
Development,
Improvements Other
Than Building
$118,000

EXHIBIT(S)

1. Consultant Agreement

2. Cost Analysis
Submitted By:

Nabil Saba, P.E., Executive Director – Public Works Agency Lisa Rudloff, Executive Director – Parks, Recreation, and Community Services Approved By: Kristine Ridge, City Manager
City Council 14 – 18 1/16/2024

INSURANCE NOT ON FILE

WORK MAY NOT PROCEED
A1AY 0 3 2021 CLERK OF COUNCIL A-2021-060
DATE: CONSULTANT AGREEMENT
Q, L . A I1/ 1 k6 0r LM)(
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CITY OF SANTAANA
t
This AGREEMENT is made and entered into this 201h day ofApril, 2021 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ( hereinafter " CITY") and CLR Design, Inc. ( hereinafter CONSULTANT").

RECITALS
A. The CITY desires to retain a consultant having special skill and knowledge in the field of construction administration and management services for the Santa Ana Zoo Giant River Otter and Primate Trails Project.

B. CONSULTANT represents that CONSULTANT is able and willing to provide such services to the CITY.

C. In undertaking the performance of this Agreement, CONSULTANT represents that it is knowledgeable in its field and that any services performed by CONSULTANT under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
CONSULTANT shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope ofServices - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services which shall be delivered as prescribed, beginning upon the CITY' s issuance of a Notice to Proceed.

2. COMPENSATION
CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its services for CITY, the rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference, the total amount ofwhich shall not exceed One Hundred Eighteen Thousand Dollars and No Cents ($ 118,000. 00) for the term of the agreement. Compensation shall be processed in accordance with Section 18.

3. TERM
This Agreement shall commence on the date first written above for a two-year term with the option for the CITY to grant up to two (2) one-year renewal option( s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. rev. 01/ 2612017 City Council 14 – 19 Page 1/16/2024 1 of 8

4. INDEPENDENT CONTRACTOR
CONSULTANT shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the CITY. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, ajoint venture relationship, or to allow the CITY to exercise discretion or control over the professional manner in which CONSULTANT performs the services which are the subject matter of this Agreement; however, the services to be provided by CONSULTANT shall be provided in a manner consistent with all applicable standards and regulations governing such services.

CONSULTANT shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS
This Agreement creates a non- exclusive and perpetual license for CITY to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by CONSULTANT under this Agreement (" Documents & Data'). CONSULTANT shall require all subcontractors to agree in writing that CITY is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. CONSULTANT represents and warrants that CONSULTANT has the legal right to license any and all Documents & Data.

CONSULTANT makes no such representation and warranty in regard to Documents & Data which were provided to CONSULTANT by the CITY. CITY shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at CITY' s sole risk.

6. INSURANCE
Prior to undertaking performance of work under this Agreement, CONSULTANT shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. CONSULTANT shall maintain commercial general liability insurance naming the CITY, its officers, employees, agents, volunteers and representatives as additional insured( s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of CONSULTANT' s operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $ 1, 000,000 per occurrence, with $2, 000,000 in the aggregate. Such insurance shall ( a) name the CITY, its officers, employees, agents, and representatives as additional insured( s); ( b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insured' s provisions.

City Council 14 – 20 Page 1/16/2024 2 of 8
b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $ 1, 000, 000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles.

C. Worker' s Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, CONSULTANT, if CONSULTANT has any employees, is required to be insured against liability for worker' s compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, CONSULTANT agrees to obtain and maintain any employer' s liability insurance with limits not less than 1, 000, 000 per accident.
d. If CONSULTANT is or employs a licensed professional such as an architect or engineer:

Professional liability (errors and omissions) insurance, with a combined single limit of not less than $ 1, 000,000 per claim with $2,000, 000 in the aggregate. e. The following requirements apply to the insurance to be provided by CONSULTANT pursuant to this section:
i. CONSULTANT shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the CITY upon execution of this Agreement and shall be approved by the CITY.
iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty ( 30) days prior written notice to the CITY.
iv. CONSULTANT shall supply CITY with a fully executed additional insured endorsement.
f. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY' s election, to forthwith terminate this Agreement. Such termination shall not affect CONSULTANT' s right to be paid for its time and materials expended prior to notification of termination.

CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY.

INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees ( collectively, the " indemnified parties") from and against any and all claims ( including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses ( including, without limitation, attorney' s fees, disbursements and court costs) of every kind and nature whatsoever ( individually, a claim; collectively, " claims"), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any ofthem or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the indemnified parties from any claim City Council 14 – 21 Page 1/16/2024 3 of 8
arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the CONSULTANT.

8. INTELLECTUAL PROPERTY INDEMNIFICATION
CONSULTANT shall defend and indemnify the CITY, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to the CITY pursuant to this Agreement.

9. RECORDS
CONSULTANT shall keep records and invoices in connection with the work to be performed under this Agreement. CONSULTANT shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the CITY for a minimum period of three ( 3) years, or for any longer period required by law, from the date of final payment to CONSULTANT under this Agreement. All such records and invoices shall be clearly identifiable. CONSULTANT shall allow a representative of the CITY to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. CONSULTANT shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three ( 3) years from the date of final payment to CONSULTANT under this Agreement.

10. CONFIDENTIALITY
If CONSULTANT receives from the CITY information which due to the nature of such information is reasonably understood to be confidential and/ or proprietary, CONSULTANT agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. " Confidential Information" shall include all nonpublic information.

Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/ or agent of the other party is covered by this Agreement. The foregoing obligations of non- use and nondisclosure shall not apply to any information that ( a) has been disclosed in publicly available sources; ( b) is, through no fault of the CONSULTANT disclosed in a publicly available source; e) is in rightful possession ofthe CONSULTANT without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or ( e) is independently developed by the CONSULTANT without reference to information disclosed by the CITY.

11. CONFLICT OF INTEREST CLAUSE
CONSULTANT covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference.

City Council 14 – 22 Page 1/16/2024 4 of 8

12. DISCRIMINATION
CONSULTANT shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. CONSULTANT affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference.

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the CITY and CONSULTANT, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the CITY and by an authorized representative of CONSULTANT. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate CONSULTANT or the CITY. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of CONSULTANT, CONSULTANT may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the CITY and any such assignment, transfer, delegation or subcontract without the CITY's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the CITY' s ability to have any of the services which are the subject to this Agreement performed by CITY personnel or by other consultants retained by CITY.

15. TERMINATION
This Agreement may be terminated by the CITY upon thirty ( 30) days written notice of termination. In such event, CONSULTANT shall be entitled to receive and the CITY shall pay CONSULTANT compensation for all services performed by CONSULTANT prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require CONSULTANT to deliver to the CITY all work product(s) completed as of such date, and in such case such work product shall be the property of the CITY unless prohibited by law, and CONSULTANT consents to the CITY's use thereof for such purposes as the CITY deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

City Council 14 – 23 Page 1/16/2024 5 of 8

16. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

17. PROFESSIONAL LICENSES
CONSULTANT shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. CONSULTANT shall notify the CITY immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

18. PAYMENTS & INVOICES
a. Payment by CITY shall be made within forty-five ( 45) days following receipt of proper invoice evidencing work performed, subject to CITY accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by CITY.
b. Invoices should be submitted on the 15th of each month and shall include the following information at a minimum:
i. CONSULTANT' s invoice number and CITY' s agreement number ii. Beginning and ending dates for services
iii. CITY Project and/ or Task Order number and/ or name ( if applicable) iv. Work site address/ location ( if applicable)
V. Tasks or deliverables completed and percentage (%) of total services completed. vi. Remaining Overall and Task Order budget available

19. MISCELLANEOUS PROVISIONS
a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney' s fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

City Council 14 – 24 Page 1/16/2024 6 of 8

20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To CITY:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P. O. Box 1988
Santa Ana, CA 92702
Fax: ( 714) 647- 6956
With courtesy copies to:

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P. O. Box 1988
Santa Ana, CA 92702
Fax: ( 714) 647- 5635
To CONSULTANT:

Gregg Leicester
Principal
CLR Design
34921 Calle Del Sol
Capistrano Beach, CA 92624
Fax:( 215) 564-0250
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P. O. Box 1988
Santa Ana, CA 92702
Fax: ( 714) 647- 6515
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three ( 3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty- four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or CITY holidays shall be excluded.

City Council 14 – 25 Page 1/16/2024 7 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.

ATTEST:
s

DAISY GOMEZ
Clerk ofthe Council
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By: is, T
J FUNK
Senior Assistant City Attorney
FOR APPROVAL:
rrz—

NABIL SABA
Executive Director
Public Works Agency

CITY OF SANTA ANA

STINE RIDGE
City Manager
CONSULTANT:

CLR Design, Inc.

A zG& LEICESTER
Principal
Tax1D#. 23- 2622204
City Council 14 – 26 Page 1/16/2024 8 of 8
City Council 14 – 27 1/16/2024
City Council 14 – 28 1/16/2024
City Council 14 – 29 1/16/2024
1 TAKEOVER AGREEMENT
PROJECT 16-2658

SANTA ANA ZOO GIANT RIVER OTTER & PRIMATE TRAILS
I. RECITALS

1. The parties to this Takeover Agreement (“Agreement”) are GREAT AMERICAN INSURANCE COMPANY (“GAIC” or “Surety”) and the CITY OF SANTA ANA (“Owner”). This Agreement is effective as of the date last signed by any party (“Effective Date”).

2. Owner entered into a Contract (the “Contract”) with HYM ENGINEERING (“HYM” or “Principal”) for HYM to furnish all labor and material and perform all work for the Santa Ana Zoo Giant River Otter & Primate Trails project (the “Project”) in accordance with the terms and provisions of the Contract, a copy of the Contract being attached hereto as Exhibit “A” and incorporated herein, including all Contract Documents forming a part of the Contract, as enumerated in the Contract and modifications, amendments and/or changes to the Contract effectuated prior to the Effective Date of this Agreement. References herein to the “Contract” shall be deemed to include references to all modifications, amendments and/or changes to the Contract effectuated prior to the Effective Date of this Agreement.

3. As required by the Contract, Surety issued Performance and Payment Bonds numbered 4054734 identifying HYM as the principal and Owner as the obligee (the “Performance Bond” and “Payment Bond”), each of which are in the Penal Sum equal to the Contract Price under the Contract of $5,289,238.00 copies of these Bonds being attached hereto as Exhibit “B,” respectively, and incorporated herein;

4. HYM defaulted on the Project as outlined in HYM’s Voluntary Letter of Default attached hereto as Exhibit “C” and incorporated herein. The Owner subsequently made demand upon the Performance Bond for GAIC to complete the Project.

5. As of the date of HYM’s default under the Contract, certain work and other obligations of HYM remain to be performed under the Contract.

6. GAIC has decided to fulfill its obligations under the bond by completing the contract, subject to the conditions of the bond, contract and this agreement, specifically, but not limited, to the conditions described under section 10 of the Terms and Condition listed below.

7. The Owner acknowledges that GAIC is acting in its capacity as the Surety for HYM in making arrangements for the performance and completion of the Remaining Work/Obligations.

City Council 14 – 30 1/16/2024
2 NOW, THEREFORE, based on the exchange of valuable consideration, including the covenants and conditions of this Agreement, the receipt and sufficiency of which is acknowledged, and based on the Recitals set forth above which form a part of this Agreement, Surety and Owner agree to the following terms and conditions:

II. TERMS AND CONDITIONS

1. Recitals. The above Recitals and the Terms and Conditions herein are contractual and not merely recitals and the agreements contained herein and consideration transferred are to satisfy the rights and obligations between Owner and Surety, except as to claims reserved by this Agreement.

2. Incorporation of the Contract. The Contract is incorporated by reference into this Agreement, including the Contract Documents, including but not limited to, any Addendum (which pertains to the Contract Documents), Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, permits, the Special Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, Change Orders (including future Change Order for PCO #12 scope of work) and all Modifications issued after the execution of the Contract All terms of the Contract are incorporated herein,

3. The Balance of the Contract Sum. GAIC will procure the performance of the Remaining Work relying on, among other things, the Owner’s representation that the outstanding earned and unpaid Contract funds in the amount of $1,773,192.11 shall be paid to GAIC. The Owner represents that the Balance of the Contract Sum as follows:

Contract Price: $5,289,238.00
Approved Change Orders: $ 90,500.00
PCO #12: $165,855.001
Current Contract Price: $5,545,593.00
Amount Paid to Principal: $3,772,400.89
“Balance of the Contract Sum”: $1,773,192.11
Owner agrees that the Balance of the Contract Sum is dedicated to and will be paid to GAIC for the completion of the Remaining Work pursuant to this Agreement. GAIC expressly reserves the right to verify all Contract fund accountings and to request the appropriate adjustments from the Owner and/or its representatives. The Balance of the Contract Sum shall be increased by the value of future Change Orders subsequently approved by Owner.

1 This amount represents GAIC’s Completion Contractor’s price to complete the work outlined in PCO #12 and related documents pursuant to GAIC’s Consultant’s RFP and specifically RFP Add Alternate #12.

Owner will issue a formal Change Order in this amount within ten (10) working days after Notice to Proceed is issued by Owner to GAIC.

City Council 14 – 31 1/16/2024
3 4. Surety to Perform Remaining Work. Surety shall be responsible for the completion of all Work, including the replacement of the Holding Building Roof as outlined below in this Section, in accordance with the conditions of the bond, Contract, and this Agreement (“Remaining Work/Obligations”), specifically, but not limited, to the conditions described under section 10 of the Terms and Condition listed below. Surety shall perform the Remaining Work through one or more completion contractors (hereinafter “Completion Contractor”), subject to written approval by the Owner, which Surety shall engage pursuant to the terms of a separate agreement. Owner hereby acknowledges that Surety is not acting as a contractor and is not licensed as a contractor in the State of California, and hereby agrees to fully and forever waive and release any and all claims that Owner might allege against Surety on the grounds that Surety is an unlicensed contractor for the work performed pursuant to the Agreement.

Additionally, HYM inadvertently removed the existing standing seam metal roof of the Holding Building. GAIC shall replace the standing seam metal roof in kind at no cost to Owner and Owner will pay for any necessary repairs to the existing damage of the standing seam metal roof substrate through an additive change order to be negotiated after construction resumes. In exchange for providing this new standing seam metal roof, GAIC will not be required to provide the specified cool roof membrane system over the new standing seam metal roof. Owner agrees to assign its rights for the replacement of the roof only under HYM’s Commercial General Liability insurance policy. The Parties agree to cooperate with another to the extent reasonably necessary in submitting any potential insurance claim(s) with HYM’s Commercial General Liability insurance carrier.

4.1 Disputed Work. The parties acknowledge that there is a disagreement whether the scope of work outlined in PCO No. 11 was validly executed and thus, incorporated as part of the Contract and Remaining Work/Obligations (“Disputed Work Item.”). In order to avoid any further delay of the Project, GAIC and Owner shall in good faith continue to work together to resolve any and all pending issues pertaining to this Disputed Work Item to the extent practicable after the execution of this Agreement.

Owner and GAIC shall retain any and all rights provided by the either the Contract, this Agreement, or by law which pertain to resolving the Disputed Work Item through any legal means available.

5. Owner’s Rights and Obligations Under the Contract. Except to the extent provided in this Agreement, Owner shall have all rights, obligations and responsibilities under the Contract with respect to Surety, to the reasonable extent and effect as if Surety had executed the Contract.

6. Owner’s Right With Respect to Changes in the Work. Owner reserves the right, to the extent appropriate under the Contract and this Agreement, to issue Change Orders. The terms of these Change Orders, including attendant extensions of time and valuation of Change Order work, shall be determined as provided in the Contract. Surety reserves the right to refuse to perform any extra or additional work if such work constitutes a cardinal change under the Contract. Owner reserves the right to dispute that City Council 14 – 32 1/16/2024
4 the extra or additional work constitutes a cardinal change and to immediately submit the dispute to mediation with a mutually agreeable mediator followed, if necessary, by legal action, including but not limited to any appropriate injunctive or other equitable relief.

7. Schedule for Completion of Remaining Work and New Completion Date.

Completion Contractor shall furnish to Owner all insurance certificates and other proofs of insurance required by the Contract prior to starting work. The Owner will give a Notice to Proceed after all insurance requirements of the Contract have been met. GAIC shall complete the Remaining Work/Obligations within 200 working days (“Takeover Final Completion Date”) after the commencement date stated in the Notice to Proceed.

Owner waives any right to liquidated damages permitted under the Contract accruing prior to the Takeover Final Completion Date, but retains the right to assess liquidated damages if the Surety does not complete the Project by the Takeover Final Completion Date, subject to claims by Surety for excusable and/or compensable delay, at the rate of $1,500 per calendar day, and at Owner’s discretion. If assessed by the Owner, GAIC shall be liable for liquidated damages after the Takeover Final Completion Date.

8. Completion Contractor. The Completion Contractor shall be a contractor to the Surety, and no contractual relationship shall exist between Owner and Completion Contractor pursuant to this Agreement. Insurance and license requirements for the Completion Contractor shall be in accordance with the Contract Documents. The Completion Contractor shall not be required to procure new surety bonds identifying the Owner as obligee. Owner acknowledges that, subject to the terms of the Contract, the Completion Contractor is authorized to make routine day-to-day decisions regarding the operation and manner of performing the Remaining Work, but does not have authority to:
(i) agree to any changes in the Contract or Remaining Work other than minor design changes or clarifications, with advance notice to Owner, that do not increase the Project’s cost nor extend its schedule (ii) agree to any Change Orders; (iii) agree to any back charges or deductions of any nature; (iv) agree to any schedule changes; or (v) agree to any adjustments in the Contract amount or Remaining Work other than minor design changes or clarifications that do not increase the Project’s cost nor extend its schedule , without the Surety’s prior express written consent which shall be delivered to Owner as a condition precedent to the Completion Contractor negotiating items (i) through (v), such consent not to be unreasonably withheld. The Remaining Work shall be subject to inspection and acceptance by the Owner and applicable federal, state and local agencies with jurisdiction, as provided in the Contract. The Owner shall forward concurrently to Surety (by U.S. Mail or email as appropriate), a copy of all its written communications directed to the Completion Contractor.

9. Surety Representative. All communications and administration will be between the Owner and the Surety and its consultant, Mike Tomeo of J.S. Held, LLC (the “Consultant”). The Surety hereby designates and authorizes Consultant to sign, on Surety’s behalf, any instrument which is required, or may be requested, by the Owner in connection with the administration of the Contract.

City Council 14 – 33 1/16/2024
5 10. Preservation of the Penal Sum Of Performance Bond. The Owner hereby confirms that GAIC’s liability and obligation hereunder shall not extend beyond the penal sum of its Performance Bond. All payments made by GAIC previously, and those made in the future, have been and will be credited against the penal sum of the Performance Bond, less the amount paid to GAIC under the Contract and this Agreement. Neither this Agreement nor any other GAIC act constitutes a waiver of such penal sum or an increase in the liability of GAIC under the Performance Bond.

11. Payment Bond and Payment Bond Claims. The Payment Bond shall remain in full force and effect in accordance with its terms and provisions. The total liability of the Surety under the Payment Bond is limited to and shall not exceed the penal sum of the Payment Bond.

12. Payment Requisitions. Surety, through its Completion Contractor, shall submit to Owner all information and/or documentation required regarding the work performed under the Contract, to conform and support the requisition process and schedule established under the Contract. Owner recognizes that Surety shall be completing the Remaining Work through the services of the Completion Contractor.

Subject to requirements of the Contract Documents, Owner shall accept the Completion Contractor’s work, progress of the work, quality of the work, conformance of the work to the requirements of the Contract, payments to others, warranty and maintenance of the work, and all other matters pertinent to the Contract, wherever such representations are required by the Contract, as if those representations had been made by Surety, since Surety may have no personal knowledge of such matters.

13. Satisfaction of Surety’s Performance Obligation. Surety’s satisfaction of its obligations under the Contract, the Bonds and this Agreement or Surety’s expenditure of the Performance Bond Penal Sum, whichever comes first, shall satisfy Surety’s performance obligations under the Contract, its Performance Bond and this Agreement.

Owner represents that Principal would have been required to complete all of its obligations under the Contract had Principal not been declared to be in default and that, prior to the date of this Agreement and other than approved changed orders, Owner had not made any agreement with Principal that any item of work included in the Contract would not have to be performed.

14. Notices. All notices and correspondence to Owner, other than routine email correspondence, shall be mailed, with a copy by email, to:

Nabil Saba P.E.

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
[email protected]
City Council 14 – 34 1/16/2024
6 with copy to:

City Attorney
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
[email protected]
All notices and correspondence to Surety, other than routine email correspondence, shall be mailed and emailed to:

C. Michael Mason, Esq.

Senior Financial Products Claims Professional
Great American Insurance Company
301 East Fourth Street, 24th Floor
Cincinnati, OH 45202
[email protected]
With a copy to:

Mike Tomeo
J.S. Held, LLC
1375 Dove Street, Suite 250
Newport Beach, California 92660
[email protected]

15. No Third-Party Rights. Nothing in this Agreement shall be deemed to create any rights in favor of, or to inure to the benefit of, any third parties, or to waive or release any defense or limitation against third party claims.

16. All Claims Referred to Surety. Owner recognizes that Surety may be liable to unpaid suppliers and subcontractors of Principal. Other than as required by law, Owner agrees to make no representations or promises of payment to these suppliers and subcontractors and to refer all inquiries to Surety.

17. Surety’s Performance Rights Confirmed. Nothing shall limit Surety’s rights as a Completing Surety under the Contract and applicable law. Owner hereby recognizes those rights, including the right of equitable subrogation. Further, Owner recognizes Surety’s rights as a performing Surety under the Contract, including the right to additional compensation or damages where allowed or appropriate under the Contract or applicable law for claims or matters arising after the date of this Agreement. The Owner expressly agrees and acknowledges: (i) that Surety is entering into this Agreement not as a contractor, but as a means of satisfying the Surety’s performance bond obligations; (ii) that the Surety has provided to Owner the Completion Contractor, a City Council 14 – 35 1/16/2024
7 licensed contractor, to finish the Project; and (iii) that the Owner hereby forever releases and discharges any and all claims that the Surety as an unlicensed contractor.

18. Agreement Binding on Successors. This Agreement shall be binding upon the successors and assignees of Surety and Owner. Surety shall not assign this Agreement without the written consent of Owner. Assignment without such written consent shall be void.

19. No Modification Except in Writing. This Agreement cannot be modified except in a writing signed by both Owner and Surety.

20. This Agreement Controls. In case of conflict between the provisions of this Agreement and the provisions of the Contract and/or Performance and Payment Bonds, this Agreement shall control. Notwithstanding any other provision herein, this Agreement shall not be interpreted to limit any of the Owner’s rights under the Contract or the Performance Bond. Further, this Agreement, the Contract and the Performance and Payment Bonds constitute the entire Agreement between Owner and Surety and, together, supersede all prior negotiations, representations, offers, other writings and oral statements of every description.

21. Construction and Application of Law. The parties stipulate that this Agreement and all agreements or documents incorporated herein shall not be subject to the rule of construction that a written agreement is construed against the party preparing or drafting that Agreement. The parties also agree that this Agreement and its performance shall be governed by and construed in accordance with all applicable local, state, and federal laws, regulations, rules, and ordinances.

22. Validity. The provisions of this Agreement shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and intent of the parties, but if for any reason any provision is unenforceable or invalid, such provision shall be deemed severed from this Agreement and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been a part of this Agreement. The headings of the Paragraphs are included solely for convenience of reference, and if there is any conflict between such headings and the text of Agreement, the Agreement shall control. This Agreement shall be governed by the laws of the State of California.

23. No Waiver. The failure of either party to exercise in any respect a right provided for in this Agreement shall not be deemed to be a subsequent waiver of the same right or of any other right.

24. Counterparts. This Agreement may be executed in any number of counterparts each of which, when executed and delivered, shall be deemed to be an original with all the counterparts constituting but one and the same instrument.

City Council 14 – 36 1/16/2024
8 25. Reservation of Rights. Notwithstanding any contrary statement or provision of this Agreement, nothing contained herein nor any payments made pursuant hereto nor any performance hereunder shall constitute a waiver of any claims by any party to this Agreement.

26. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

27. Applicable Laws. In performing its obligations and duties under this Agreement, each party shall comply with all applicable local, state, and federal laws, regulations, rules, and ordinances.

WHEREFORE, the parties have executed this Agreement by their authorized representatives. This Agreement is effective as of the last date written below.

DATED:____________ CITY OF SANTA ANA
__________________________________________
Thomas R. Hatch
Interim City Manager

DATED:____________ ATTEST
__________________________________________
Jennifer L. Hall
City Clerk
DATED:_1/8/2023________ APPROVED TO FORM
__________________________________________
Jose Montoya
Assistant City Attorney

[Signatures continued on the following page]
City Council 14 – 37 1/16/2024
9 DATED:____________ RECOMMENDED FOR APPROVAL:
__________________________________________
Nabil Saba, P.E.

Executive Director of Public Works Agency
DATED:___________ GREAT AMERICAN INSURANCE COMPANY
__________________________________________
By: C. Michael Mason
Its: Senior Financial Products Claims Professional
C. Michael Mason (Jan 9, 2024 17:53 EST)
C. Michael Mason
City Council 14 – 38 1/16/2024
Takeover Agreement - Santa Ana Zoo (CAO

1.8.2024) (002)
Final Audit Report 2024-01-09
Created: 2024-01-09
By: David Quintana ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAKkpuwxJ-blTzRMfJQzbNVC21zoKCovks "Takeover Agreement - Santa Ana Zoo (CAO 1.8.2024) (002)" H istory
Document created by David Quintana ([email protected]) 2024-01-09 - 10:23:37 PM GMT- IP address: 98.153.69.210 Document emailed to [email protected] for signature
2024-01-09 - 10:24:21 PM GMT
Email viewed by [email protected]
2024-01-09 - 10:52:45 PM GMT- IP address: 136.226.122.195 Signer [email protected] entered name at signing as C. Michael Mason 2024-01-09 - 10:53:43 PM GMT- IP address: 136.226.122.195 Document e-signed by C. Michael Mason ([email protected]) Signature Date: 2024-01-09 - 10:53:45 PM GMT - Time Source: server- IP address: 136.226.122.195 Agreement completed.
2024-01-09 - 10:53:45 PM GMT
City Council 14 – 39 1/16/2024

FIRST AMENDMENT TO CONSTRUCTION SUPPORT SERVICES
AGREEMENT WITH CLR DESIGN INC.

THIS FIRST AMENDMENT TO AGREEMENT is entered into this 16th day of January 2024, by and between CLR Design Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On April 20, 2021 the City entered into Agreement #A-2021-060 (“Agreement”) with Consultant to provide construction administration and management services for the Santa Ana Zoo Giant River Otter and Primate Trails Project and related matters for the term of two years with two (2) one-year renewal option(s) exercisable by the City Manager and the City Attorney.

B. On April 3, 2023, the parties exercised the first option to extend the Agreement (#A-2021- 060-01) for an additional one-year term until April 19, 2024. The Agreement is current and in-effect.

C. Due to changes with an outside contractor, the parties have determined that the services provided for Task 5 Services for Construction Administration and Project Closeout will require additional time and compensation for Consultant to complete said services.

D. The parties therefore wish to amend the Agreement to supplement the scope of services, increase the compensation to the Agreement, and exercise the second and final option to extend the term of the Agreement.

THE PARTIES THEREFORE AGREE:

1. Section 1, SCOPE OF SERVICES, is amended to include Exhibit A-1 to this First Amendment, attached hereto and incorporated by reference, to reflect the additional time and services required for Task 5 services previously contemplated by the Agreement.

2. Section 2, COMPENSATION, is amended to remove and replace the hourly billing and rate schedule in Exhibit B with Exhibit B-1 to this First Amendment, attached hereto and incorporated by reference. The compensation to this Agreement shall be increased by an additional $75,000. The total amount to be expended, during the term of this Agreement, shall not exceed $193,000.

3. Section 3, TERM, is amended to reflect the parties option to exercise the second and final extension of the term of the Agreement for an additional one year period through April 19, 2025.

4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect.

EXHIBIT 5
City Council 14 – 40 1/16/2024

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA

___________________________ ________________________
Jennifer L. Hall Thomas R. Hatch
City Clerk Interim City Manager
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
_____________________________
Jose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL: CONSULTANT
__________________________ _______________________________ Nabil Saba, P.E. By:

Executive Director of Title:

Public Works Agency

Gregg Leicester Principal
City Council 14 – 41 1/16/2024
mark e. beauchamp, asla • gregory j. dykstra, aia • gregg b. leicester, asla t 215.564.0250 • www.clrdesign.com • 833 chestnut street, suite 909 • philadelphia, pa 19107 34921 calle del sol • capistrano beach, ca 92624
E X H I B I T D E S I G N • A R C H I T E C T U R E • L A N D S C A P E A R C H I T E C T U R E August 2, 2023
Edward A. Torres
Senior Engineer
Public Works Agency | CIP Delivery Engineering
City of Santa Ana
20 Civic Center Plaza, M-36
Santa Ana, CA 92702
Sent via email
Re: Contract Amendment for Task 5 Services - Santa Ana Zoo Giant River Otter & Primate Trails Project (No. 16-2658)
Dear Edward,
As a follow-up to our recent correspondence, we appreciate this opportunity to submit a proposal for an extension to our Task 5.2 [Construction Administration] and Task 5.3 [Project Closeout] Phases services for the above referenced project.

As discussed, we understand the City of Santa Ana is going through a process to procure a new general contractor to execute the final stages of construction. This will require additional time both for the procurement process as well as construction. At this time, we are assuming the construction duration, and services by our team, will extend 6-12 months from now.

This Contract Amendment assumes that CLR Design, and our team of sub-consultants, will continue to perform the scope of services defined in our current Agreement and we will invoice accordingly until those services are complete. We have approximately $30K +/- remaining in unbilled fees and expenses, to date. In anticipation of additional virtual meetings, correspondence, and on-site construction observation visits, we are proposing to proceed on a time and materials basis beyond our current Agreement.

Additional Professional Fees and Expenses Summary:

Consultant Scope NTE Fees & Expenses*
CLR Design and team
of Engineering SubConsultants
Tasks 5.2 Construction Administration
and 5.3 Project Closeout
$25,000
Total $25,000
*Reimbursable expenses for travel (local from CA office), reproduction, scanning, mailing/shipping and communication will be billed at cost as incurred.

Exhibit A-1
City Council 14 – 42 1/16/2024
CLR will carry out the work described here on a Time and Materials basis, for a Not-to Exceed (NTE) amount of $25,000. Invoices are prepared monthly based on work completed and are due upon receipt.

If subsequent Zoo/City of Santa Ana directives alter the anticipated scope of work, CLR reserves the right to modify this and future Proposals. Through our monthly project correspondence and invoicing process, we will keep you apprised of our Team’s time expended as we continue with this project.

We trust this proposal reflects your understanding of the desired work to be completed by the CLR Team. Please review this Amendment and if you have any questions, do not hesitate to call. If this proposal is acceptable to you, please execute one copy and return it to CLR for our files. We look forward to continuing our work with you on this exciting project.

Sincerely,
Gregg Leicester, ASLA, LEED GA Kelsey Weber, AIA
Principal Architect
CLR Design Inc. CLR Design Inc.
cc: Karen Marshall
Attachments: Hourly Rate Chart (2023)
Accepted By:
_________________________________ _____________
City of Santa Ana Date
City Council 14 – 43 1/16/2024
mark e. beauchamp, asla • gregory j. dykstra, aia • gregg b. leicester, asla t 215.564.0250 • www.clrdesign.com • 833 chestnut street, suite 909 • philadelphia, pa 19107 34921 calle del sol • capistrano beach, ca 92624
E X H I B I T D E S I G N • A R C H I T E C T U R E • L A N D S C A P E A R C H I T E C T U R E Standard Hourly Billing
Rate Schedule
Classification Hourly Billing Rate (US Dollars)
Senior Principal $265.00
Principal $260.00
Senior Associate $215.00
Landscape Architect – Level 5 $195.00
Landscape Architect – Level 4 $175.00
Landscape Architect – Level 3 $130.00
Landscape Architect – Level 2 $110.00
Landscape Architect – Level 1 $ 95.00
Architect – Level 5 $195.00
Architect – Level 4 $175.00
Architect – Level 3 $130.00
Architect – Level 2 $110.00
Architect – Level 1 $ 95.00
Graphic Designer $105.00
Technical Support $ 85.00
Reimbursable Expenses Rate
Printing, Reproduction, Postage & cost
Shipping
Travel and Subsistence cost
The rates stated above represent current billing rates. CLR reserves the right to modify these hourly rates to reflect increases resulting from annual salary reviews.

CLR Design, Inc., 01/01/2023
Exhibit B-1
City Council 14 – 44 1/16/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Landscape Maintenance Services for City Parks and Facilities

AGENDA TITLE
Approve Aggregate Agreements with DMS Facility Services, Landscape West Management Services, Inc., Mariposa Landscapes, Inc., and PCA Arborists & Consultants, Inc. dba Pacific Coast Horticulturists for Landscape Maintenance at City Parks and Facilities in an Aggregate Amount Not-to-Exceed $35,737,920 (RFP No. 23- 151) (General Fund and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute aggregate agreements to DMS Facility Services, Landscape West Management Services, Mariposa Landscapes, Inc., and Pacific Coast Horticulturists for landscape maintenance services in an annual aggregate amount notto-exceed $5,228,321, plus an annual contingency of $1,919,264, for a total aggregate amount not-to-exceed $35,737,920 for a three year term beginning February 1, 2024, and expiring January 31, 2027, with provisions for two, one-year extensions (Agreements A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
As of July 1, 2022, park maintenance functions have transferred from the Parks, Recreation, and Community Services Agency (PRCSA) to the Public Works Agency (PWA). PWA’s Parks, Fleet, and Facilities Division provides landscape maintenance services at city parks and facilities. The previous contract was awarded in February 2020 to DMS Facility Services, Landscape West Management Services, and Pacific Coast Horticulturists.

Since the implementation of the previous contract, there has been a need for supplemental landscape maintenance services across the City. With the increased number of park patrons, programming, and events at City parks, there has been an uptick in vandalism, irrigation systems theft, and extra trash cleanups around landscaped areas. The supplemental services are to provide additional trash pick-ups, repair damages created by unsheltered individuals, and provide clean and safe park spaces for the public. These services will also allow added pressure washing services for picnic areas, benches, new trash receptacles, and amenities to foster clean and welcoming park areas for City residents. Additionally, the new contract outlines new sports field renovation methods to improve the playing surface and safety of our natural City Council 15 – 1 1/16/2024
Landscape Maintenance Services for City Parks and Facilities January 16, 2024

turf fields. The current aggregate contract expires January 31, 2024 and does not have any remaining renewal options.

The Public Works Agency issued Request for Proposal (RFP No. 23-151) on October 20, 2023, inviting qualified landscape maintenance firms with relevant experience to submit their proposals to the City on PlanetBids. The RFP was advertised on the City’s online bid management and publication system. A summary of the RFP and proposals received is as follows:
263 Vendors notified
30 Santa Ana vendors notified
32 Vendors downloaded the RFP packet
6 Proposals received
1 Proposal received from Santa Ana
vendors
Six proposals were received by the RFP deadline on November 14, 2023, opened, and all were deemed responsive. The selection committee with experience in landscape maintenance and related program services evaluated all proposals. The selected, highest-ranked firms will provide landscape maintenance services for the City. Based on the criteria outlined in the RFP, the following summarizes the responding firms and their rankings:

Firm Location Rank
Landscape West Management Services Anaheim, CA 1
Mariposa Landscapes, Inc. Irwindale, CA 2
DMS Facility Services Anaheim, CA 3
Pacific Coast Horticulturists Santa Ana, CA 4
Parkwood Landscape Maintenance, Inc. Van Nuys, CA 5
Priority Landscape Maintenance, Inc. Anaheim, CA 6
Staff recommends awarding agreements to the four highest-ranked firms based on the City’s projected needs. The proposals submitted by these firms demonstrated they have the necessary capacity and expertise to provide landscape maintenance services as specified in the RFP. Additionally, the firms’ rates are reasonable and within industry standard, and the proposals were determined to provide the best overall value for the City. DMS Facility Services, Landscape West, and Pacific Coast Horticulturists currently provide the landscape services for the City. Mariposa Landscapes previously provided landscape services for the Corporate Yard.

FISCAL IMPACT
Funding is available in FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration.

City Council 15 – 2 1/16/2024
Landscape Maintenance Services for City Parks and Facilities January 16, 2024

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting
Unit, Account
Description
Amount
01117651-62320 General Fund Park
Maintenance
Service
Enhancement,
Maintenance &
Repair
Buildings &
Ground l
$120,530
01117652-62320 General Fund Park
Maintenance
Service
Enhancement,
Maintenance &
Repair
Buildings &
Ground
$2,164,150
01111110-62300 General Fund Library
Administration,
Contract
ServicesProfessional
$11,700
01114403-62300 General Fund Building &
Facility,
Contract
ServicesProfessional
$2,733
02718131-62300 Parking Fund Parking Meter,
Contract
ServicesProfessional
$21,970
07417655-62320 Civic Center
Maintenance
Civic Center
MaintenanceMaintenance &
Repair
Buildings &
Ground
$384,000
FY 23-24
February
to June
01113017-62300 General Fund PRCSA-Zoo –
Contract
ServicesProfessional
$273,078
FY 2023-2024 (February to June) TOTAL $2,978,161
City Council 15 – 3 1/16/2024
Landscape Maintenance Services for City Parks and Facilities January 16, 2024

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting
Unit, Account
Description
Amount
01117651-62300 General Fund Park
Maintenance
Service
Enhancement,
Contract
ServicesProfessional
$21,932,921
01111110-62300 General Fund Library
Administration
Contract
ServicesProfessional
$112,320
01114403-62300 General Fund Police Building
& Facility
Services,
Contract
ServicesProfessional
$26,236
02718131-62300 Non-General
FundEnterprise
Parking Meter,
Contract
ServicesProfessional
$210,906
07417655-62320 Non-General
Fund
Civic Center
MaintenanceMaintenance &
Repair Building
$3,686,400
FY 24-25
to 27-28
01113017-62300 General Fund PRCSA- Zoo –
Contract
ServicesProfessional
$2,621,549
FY 2024-25 to 27-28 TOTAL 28590332
01117651-62300 General Fund Park
Maintenance
Service
Enhancement,
Contract
ServicesProfessional
FY 28-29 $3,198,552
July to
January
01111110-62300 General Fund Library
Administration,
Contract
$16,380
City Council 15 – 4 1/16/2024
Landscape Maintenance Services for City Parks and Facilities January 16, 2024

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting
Unit, Account
Description
Amount
ServicesProfessional
01114403-62300 General Fund Police Building
& Facility
Services,
Contract
ServicesProfessional
$3,827
02718131-62300 Non-General
Fund
Parking Meter,
Contract
ServicesProfessional
$30,758
07417655-62320 Non-General
Fund
Civic Center
MaintenanceMaintenance &
Repair
$537,600
01113017-62300 General Fund PRCSA- Zoo –
Contract
ServicesProfessional
$382,310
FY 28-29 (July to January) TOTAL $4,169,427

EXHIBIT(S)

1. Agreement with DMS Facility Services

2. Agreement with Landscape West Management Services, Inc.

3. Agreement with Mariposa Landscapes, Inc.

4. Agreement with Pacific Coast Horticulturists
Submitted By: Nabil Saba, P.E., Executive Director of Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 15 – 5 1/16/2024
EXHIBIT 1

AGREEMENT WITH DMS FACILITY SERVICES

TO PROVIDE GROUND MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between DMS Facility Services, a California corporation, (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On October 20, 2023 the City issued Request for Proposal No. 23-151 (“RFP”), by which it sought Contractors to provide grounds maintenance services to City parks, bike trails, open spaces, and parking lots with assignment of the varied City districts to be assigned to the selected Contractors
A.

C.

Contractor submitted a responsive proposal that was amongst one of the four (4) vendors selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in the RFP.

In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference for Districts 1 and 4.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. The total aggregate sum for services, provided by all four (4) Contractors selected under RFP 23-151, shall not exceed $35,737,920 for the entire term of this Agreement, including any extension periods exercised by the parties, as detailed below. The annual aggregate amount, available to all the selected Contractors, shall not exceed $7,147,584, which includes a base annual amount of $5,228,320 plus a contingency of $1,919,264 for services to be exercised at the City’s sole discretion.

City Council 15 – 6 1/16/2024
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on February 1, 2024 for a three (3) year term until January 31, 2027, with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.

4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. 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.

5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property

City Council 15 – 7 1/16/2024
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
• Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

City Council 15 – 8 1/16/2024
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

City Council 15 – 9 1/16/2024

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity

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shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.

10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

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13. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a.
b.

As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.

Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

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17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)

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P.O. Box 1988
Santa Ana, California 92702
To Contractor:

DMS Facility Services
Attn: Carole Thorsell, EVP / Risk Management
2861 E. Coronado St.

Anaheim, CA 92806
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page to follow]

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City Council 15 – 15 1/16/2024

EXHIBIT A

SCOPE OF SERVICES
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CITY OF SANTA ANA

EXHIBIT I

SCOPE OF SERVICES

TABLE OF CONTENTS
I. GENERAL MAINTENANCE OPERATIONS
A.

B.

General Operations ______________________________________________________ 5 Specialty / Sports Areas___________________________________________________6

1. Sand Court Areas ____________________________________________________6

2. Hard Surface Areas___________________________________________________7

3. Bicycle Trails/AC Walkways ____________________________________________7

4. Decomposed Granite (DG) Surfaces, Walkways, and Trails____________________7

5. Parking Lots, Bike Trails, and Roads _____________________________________7 II. IRRIGATION
A.

B.

C.

D.

E.

F.

General Information ______________________________________________________9 Water Management ______________________________________________________9 Maintenance____________________________________________________________11 Repair_________________________________________________________________13 Personnel ______________________________________________________________14 Materials_______________________________________________________________14 III. TURFGRASS
A.

B.

C.

D.

E.

Maintenance – Overview __________________________________________________16 Inspections – Sports/Priority Turf____________________________________________18 Casual Turf_____________________________________________________________18 Sports/Priority Turf _______________________________________________________19 Renovation Process______________________________________________________21 IV. EDGING AND DETAILING
A. General Specifications ____________________________________________________23 V. GROUNDCOVER
A. General Specifications ____________________________________________________24 VI. SHRUBS
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A. General Specifications ____________________________________________________26 VII. VINES
A. General Specifications____________________________________________________28 VIII. TREES
A.

B.

General Specifications ____________________________________________________29 Trees Under 15 Feet _____________________________________________________30 IX. LAKE MAINTENANCE
A. General Specifications ____________________________________________________32 X. PEST CONTROL
A.

B.

General Specifications ____________________________________________________33 Procedure______________________________________________________________33 XI. WEED CONTROL
A.

B.

C.

General Specifications ____________________________________________________36 Weed Control of Hard Surfaces _____________________________________________36 Weed Abatement of Fallow or Undeveloped Lands______________________________36 XII. LITTER AND DEBRIS MANAGEMENT
A.

B.

C.

General Specifications ____________________________________________________38 Schedule ______________________________________________________________38 Pressure Washing _______________________________________________________39 XIII. HOMELESS TASKS / CLEANUP
A. General Specifications ____________________________________________________40 XIV. DRAINAGE APERTURES
A. General Specifications ____________________________________________________41 XV. PLANT ADDITIONS AND/OR REPLACEMENTS
A. General Specifications ____________________________________________________42 XVI. GUARANTEE AND /OR REPLACEMENT POLICY
A. General Specifications ____________________________________________________43 XVII. REPORTS AND SCHEDULES
A.

B.

General Specifications ____________________________________________________44 Reports________________________________________________________________44 RFP 23-151 City Council Landscape Maintenance Services 15 – 18 1/16/2024 Page 22 of 135

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C. Schedules _____________________________________________________________45 XVIII. IRRIGATION REPORTS AND SCHEDULES
A.

B.

Irrigation Reports ________________________________________________________47 Irrigation Schedules ______________________________________________________47 XIX. CIVIC CENTER
A.

B.

C.

D.

General Specifications ____________________________________________________48 Annual Color Planting and Maintenance Specification at Civic Center _______________49 Vandalism _____________________________________________________________50 Quality of Life Team (QOLT) at Civic Center ___________________________________50 XX. LAWN BOWLING
A. General Specification, Lawn Bowling_________________________________________53 XXI. CENTENNIAL PARK
A. Centennial Park _________________________________________________________55 XXII. VACANT LOTS
A. Vacant Lots ____________________________________________________________56 XXIII. SANTA ANA STADIUM
A. Santa Ana Stadium ______________________________________________________57 XXIV. SANTA ANA ZOO
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CITY OF SANTA ANA

SECTION I

GENERAL MAINTENACE OPERATIONS
This section establishes overall daily contract requirements that the Contractor shall perform unless otherwise specified in later sections. Other specifications given per section are to be utilized as unexpected situations arise and clarification of service is required. It is Contractor’s obligation to fully understand the grounds' landscape specifications.

Additionally, for all mulch and compost needs that are necessary for Landscape Maintenance, the City’s Refuse Contractor Republic Services shall provide freee mulch and compost for all City projects. For all other mulch and compost that requires the Contractor to procure, the the Contractor shall:
 Use Compost and Senate Bill (SB) 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovations, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
 Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to the City’s Solid Waste Enterprise annually upon request. Information to be provided shall include:
o General description of how and where the product was used and applied;
o Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured;
o Quantity and type of each product; and
o Invoice or other record demonstrating purchase or procurement A. General Operations

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

2. All drinking fountains shall be checked weekly and kept clean. Clean is defined as free of standing water, disinfected, free of calcium deposits or other encrustations, well‐polished, and with drains/collectors cleaned of silt and debris.

3. All sidewalk areas within maintained areas shall be clean and cleared of debris at all times.

4. All leaves, paper, trash, and debris shall be removed from landscape and hardscape areas daily and disposed of offsite.

5. Trash cans provided by the City shall be emptied daily and washed after emptying when necessary, as determined by the City Representative (CR). All tops/lids shall RFP 23-151 City Council Landscape Maintenance Services 15 – 20 1/16/2024 Page 24 of 135

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be wiped clean weekly. All missing lids shall be reported immediately.

6. All concrete drains and other surface drains under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow daily.

7. All other drainage facilities shall be cleaned of all vegetation and debris daily, or as necessary.

8. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be immediately made safe and reported to the CR.

9. All barbecue grills, and hot coal containers, shall be emptied of all ashes twice weekly, once on Thursday and once on Sunday mornings.

10. All park benches, picnic tables, play equipment, and band shells shall be steam cleaned or pressure washed per the pressure washing schedule and specifications.

Sanitization may vary with use.

11. Reserved picnic sites are a top priority. These sites shall be cleaned and blown by 8:00 a.m. daily, including weekends, holidays, and other times if deemed necessary.

Pressure washing will be on a schedule, refer to the pressure washing section, but may require additional pressure washing as determined by CR.

12. The contractor shall spray monthly in all listed areas to control weed growth.

13. The contractor shall check all dog bag dispensers daily, and restock them as necessary. The contractor shall report missing and/or broken dispensers, on the same day, to the CR. The bags shall be provided by the City.

14. All tree limb failures shall be reported to the CR and collected along with any debris within 72 hours.

15. Six-Month Service:
a. On January and July of each year the Contractor shall change out old flags and replace them with fresh, new all-weather flags to be provided by the City.

Contractor shall follow all flag etiquette regarding the proper care, storage, delivery, and replacement of our American, City, and any other flags.

Contractor shall deliver the old and worn flags to the the Park Services Inspector so flags properly folded and cared for.

16. Contractor shall inspect the basketball courts and tennis nets, and replace if required. The City will provide these materials.

B. Specialty / Sports Areas

1. Sand Court Areas
These areas include tot lots, play areas, volleyball courts, etc. a. All sand areas, including tot lots, shall be cleaned with a basket sand rake to remove leaves and debris and leveled daily. The use of handheld or backpack blowers or other devices shall not be substituted for raking.
b. Sidewalks adjacent to tot lots must be swept or blown daily. Care should be exercised to avoid any patrons using the tot lots. Contractor shall decide when to schedule maintenance activities around their use.

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c. All areas shall be kept free of weeds at all times.
d. There shall be no spraying of weeds in sand court areas. e. Areas shall be edged and the turf surrounds maintained. If sand berms accumulate in turf, they must be removed and replaced with sod. f. All sand areas shall be rototilled monthly, at least three (3) weeks apart, to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand (approximately 12”). After rototilling, all areas shall be raked level. g. Sand shall be replenished as necessary to maintain optimum level in each area. Generally, six inches (6”) below the top of the concrete curbing is acceptable. However, dependent upon play equipment footing, the final level shall be determined by CR for each area. Sand will be provided by the City but spread and leveled by the Contractor. h. In the event of storms and periods of excessive rainfall, or the sand court areas become flooded resulting in standing water, the Contractor shall remove the water immediately, as directed by the CR. Water shall be discharged to a safe area.

2. Hard Surface Areas
These areas include concrete sidewalks, medians, skate parks, tennis courts, handball courts, basketball courts, bicycle trails, asphalt concrete (AC) walkways, and bandshells.
a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR.
b. All areas shall be swept or blown daily to remove all deposits of silt, sand, glass, and all foreign objects.
c. All sports courts, stages, and bandshells shall be power washed per the pressure washing schedule, or as needed. The contractor will work with the CR to determine the schedule.
d. Cracks and crevices must be kept free of weeds at all times. e. Sidewalks should be blown daily, reference Section A., General Operations, No.3.

3. 4.

Bicycle Trails/AC Walkways
Special emphasis shall be placed on chemical edging along these areas to prevent damage to asphalt by vegetation. All such damage shall be repaired at Contractor’s sole expense.

Decomposed Granite (DG) Surfaces, Walkways, and Trails
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DG walkways and trails require additional attention to be properly maintained.

The two (2) most common conditions are an uneven surface and lack of moisture.

Both issues can make the material unstable and sand‐like, creating an unsafe surface.
a. The integrity of the surface must be kept intact at all times. b. The contractor shall perform daily inspections of DG surfaces. c. Borders of DG areas shall be kept in proper repair and well‐defined at all times.
d. DG areas shall be kept free of weeds at all times.
e. Monthly maintenance of DG areas shall be according to industry standards.
f. Contractor shall immediately repair any DG areas where holes or ruts are apparent, or where the surface becomes uneven. g. Materials will be supplied by the City to maintain the integrity of the product.

5. Parking Lots, Bike Trails, and Roads
These areas include parking lots and roads located within the boundaries of the parks, or areas directly adjacent to parks, and whose primary purpose is to provide vehicle parking for patrons. Street parking areas that are not meant specifically for park users will not be included in this section. Areas in doubt should be clarified with the CR.
a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR.
b. All areas shall be swept, blown, and/or vacuumed weekly to remove all debris and deposits of silt and/or sand and glass.
c. Cracks and crevices shall be kept free of weeds at all times. d. Illegally dumped foreign substances, such as motor oil, shall be properly cleaned immediately.

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CITY OF SANTA ANA

SECTION II

IRRIGATION
The irrigation system consists of all components from the outflow side of the meter. The Contractor shall control the irrigation programming components with the coordination of the CR, while the CR will control those components operated by the central programming software Calsense. All manual control systems shall be directly overseen weekly, and in a manner, which allows the irrigation specification to be completed. Contractor shall employ a certified irrigation specialist per district, Zoo, and Civic Center.

A. General Information
Water management within the City landscape maintenance areas is guided by the following parameters:

1. Application of water to landscape plants at a rate closely matching the demands of plant material;

2. Minimizing runoff;

3. Water conservation and plant health are given equal consideration;

4. Roadway condition and safety;

5. Safe surfaces for community use;

6. Water budget; and

7. Plant health.

B. Water Management
Water conservation is a top priority for the City and shall be incorporated into all irrigation programming. The irrigation schedule is dynamic and regularly needs to be altered to meet the needs of the City landscape. CR shall determine the schedule and Contractor shall program the controllers to meet this schedule. Landscape irrigation is currently being switched to Calsense Central Control. It is intended that the City will perform water management responsibilities within the central control system.

1. City of Santa Ana irrigation system includes:
a. Battery controllers (Hunter Nodes) in valve boxes
b. Non‐centrally controlled manual clocks
c. Hydraulic valves
d. Thermal valves
e. Quick coupler systems
f. Electric valves
g. Solar‐powered controllers (Leit)
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2. Controller programs shall incorporate the following:
a. Calsense Central Control software shall be exclusively utilized for all controllers with available connections. Field checks shall be required to verify the success of programming as it applies to a specific location. Field checks will be the responsibility of the Contractor, who will report to CR.
b. Water must be conserved while meeting the needs of the plant material. c. The City of Santa Ana Water Department (SAWD) management requirements shall be followed unless the CR approves an alternate schedule. d. Contractor shall avoid weekend watering unless approved by CR. e. Contractor shall water deeply and infrequently for all tree and shrub applications. f. Contractor shall utilize cycle/soak principles to encourage deep rooting of all plant material, especially turf.
g. Evapotranspiration (ET) rates shall be utilized when considering programming. h. Contractor shall minimize runoff onto streets, sidewalks, and other non‐target areas.
i. Contractor shall provide sufficient time for the soil to dry out between irrigations. j. Contractor shall maximize community use of City property. k. Contractor will alter the irrigation programming to accommodate the field renovations to promote seed germination and establishment.

3. Irrigation systems shall be programmed to water between 10:00 A.M. and 6:00 P.M. (Monday- Friday) unless otherwise approved by the CR.

4. Contractor shall be responsible for programming all controllers (light energized Irrigation Technology, field controllers, battery-operated controllers, manual systems) not integrated into the central control system.

5. Program changes for the manual (non‐centralized) controllers shall be done the same day of notification by the CR and changed per CR specification.

6. Verification of the updated irrigation schedule shall be the responsibility of the CR. The contractor shall work with the CR to ensure all programming changes have been entered and verified on the electronic programming log.

7. Contractor shall set and maintain the programming for the manual irrigation controllers to meet the criteria as stated above. The City reserves the right to inspect and monitor those settings and make recommendations to the Contractor. In case of a dispute, the CR will make the final determination. Any discussion of this type shall be recorded by the Park Inspectors on the work order form and kept on file.

8. In the event that any of the components of the irrigation system fail to provide full and proper coverage, Contractor shall provide alternate irrigation with full and proper coverage to all areas in the worksite at no extra cost to the City.

9. The controller program shall be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with the established Irrigation Association (IA), Metropolitan Water District (MWD), and Santa Ana Water Department (SAWD) guidelines recognized throughout the industry.

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10. Any damage created by improper irrigation practices or neglect shall be the responsibility of the Contractor to correct, at sole cost to the Contractor.

11. No watering shall occur during the daylight hours unless associated with a repair, audit, manual system operation, or an alternate schedule is approved by the CR.

12. The operation of manual irrigation systems shall occur daily, Sunday through Monday, between 6:00 A.M. to 6:00 P.M.

13. All program changes shall be recorded on the electronic Irrigation Controller Program Log by Contractor.

14. City shall compare water meter readings to ensure that there is no excessive water use in any of the Contract areas. Contractor must meet with the CR to review these reports as necessary, or as directed by the CR.

15. Contractor shall turn off programmed irrigation systems immediately during periods when extreme rainfall exists or is predicted, and other times when suspension of irrigation is desirable to conserve water, as directed/approved by the CR.

16. Any time the irrigation system(s) are shut down for any reason, Contractor shall notify the CR immediately. Once CR acknowledges the necessity to turn on the water once again, controller activation shall begin within five (5) working days.

17. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for the greatest potential runoff.

C. Maintenance

1. Contractor shall diagnose, maintain, and repair all irrigation components downstream of the remote control valve (RCV). The Contractor SHALL be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no additional cost to the City. Contractor will repair or assist in repairs for components downstream of the meter through Additional Extra Work (AEW).

2. Irrigation maintenance shall include, but not be limited to operation of the system, adjustments, repairs, modifications, improvements, testing, analysis, and other work as required. Some examples of regular maintenance include the function of electrical systems, backflows, controllers, valves, head alignment and spacing, and wiring operation.
a. Components include but are not limited to irrigation controller, remote control valves, main and lateral lines, fittings, risers, sprinkler heads, quick couplers, drip systems (subsurface and surface), master valves, flow sensors, valve boxes, fertilizer injector systems, and tree watering systems.

3. All areas shall be irrigated to maintain specified growth and appearance determined by CR.

4. Handsets (Calsense, LEIT) may be required to operate the controllers. These will be supplied at Contractor’s expense.

5. Proper alignment (vertical straightness, operational height of nozzle) will require raising/lowering/leveling of the sprinklers and shall be done at Contractor’s sole expense.

6. Plants blocking the sprinkler pattern will require the technician to mark the plant material with paint and coordinate the trimming/removal with the CR.

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7. Automatic controllers and/or enclosures shall be locked while unattended. Locks are initially supplied by the City, if lost or reckless the Contractor is responsible to replace with same or higher quality locks at their expense. City will replace worn or deteriorating locks.

8. All enclosures, including valve, controller, booster pump, etc., shall be kept free of all insects, rodents, and rust. Damage caused by insects, rodents, or rusting shall be repaired within five (5) calendar days at Contractor’s expense.

9. All drip line valve filters shall be cleaned twice per year in February and November of every year.

10. All subsurface apertures shall have permanent lids affixed at all times and shall be kept free of overgrowth. Apertures include valve boxes, controllers, electrical and cable boxes, manholes, and backflow devices.

11. Weekly Priority/Sports Turf irrigation audits shall be completed and electronically submitted to CR.

12. Should the CR be called upon to diagnose an irrigation problem that is Contractor’s responsibility, the City’s labor and material costs incurred will be deducted from the monthly payment to the Contractor.

13. All irrigation evaluation work requires a notification sign to be present for the duration of the work.

14. All sprinkler heads and emitters shall be adjusted to maintain proper coverage to ensure adequate flow. Adjustments shall include, but not be limited to actual adjustments to heads; cleaning and flushing heads, nozzles, lines, and screens; and removal of obstructions.

15. All irrigation systems shall be tested and inspected a minimum of one (1) time per calendar year quarter (Jan–Mar, Apr–Jun, Jul–Sep, Oct–Dec), regardless of controller type, and an electronic audit form shall be used to submit the results to CR quarterly by the 10th day of the month following that period (e.g., April 10th, July 10th, October 10th, and January 10th). Any requested changes shall be submitted for approval before implementation.
a. An exception to the aforementioned is any battery‐operated valve, which shall be inspected two (2) times per year.

D. Repair

1. Contractor shall continually monitor and perform any necessary repairs from the outflow side of the meter.

2. City will provide materials to replace the RCVs and mainlines, see Section 2.6, Materials for the process.

3. The Contractor shall be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no extra cost to the City. Contractor shall make repairs to the satisfaction of the Director’s Representative (DR). Contractor shall make repairs within 24 hours of being on notice of deficiencies to the lateral lines and/or rotors/heads.

4. Contractor shall contact the CR regarding structural failures after the meter (e.g.

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backflows, main and lateral lines, valves, central control, etc.) within twelve (12) hours of occurrence. Repairs requiring additional funds shall be proposed within 24 hours by contacting the CR.

5. All damage resulting from Contractor’s operations shall be repaired or replaced before the end of the workday at the Contractor’s sole expense.

6. All third-party damage or other needed repairs shall be completed by the Contractor, as indicated in the Specifications, and paid for by the City on a cost-per-repair basis.

Repairs to the irrigation system shall be completed within 24 hours of approval by the CR on any component damage, including, but not limited to, broken irrigation lines and tubing, defective or broken valves, sprinkler heads, emitters, sprinkler head relocations, and other modifications as necessary.

7. If not able to make irrigation repairs in a timely manner, Contractor shall be responsible for watering all areas manually.

8. In addition to quarterly testing, all irrigation systems shall be tested and inspected daily if necessary, when damage or malfunction is suspected, observed or reported. a. Contractor shall repair malfunctioning controllers, quick couplers, manual or automatic valves, and sprinkler heads within twelve (12) hours of receipt of the verbal or written notice unless the field condition does not allow or per the direction of the CIT (City Irrigation Technician).
b. Contractor shall correct deficient or irregular irrigation systems and equipment as necessary following verbal notification from the CR.
c. Irrigation checks must be done immediately if plants begin to wilt, defoliate or change color.

9. All Sports/Priority Turf irrigation repairs shall be made within four (4) hours of approval by the CR.

10. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment will be made by the City nor billed by Contractor for repairs on equipment covered by the warranty.

11. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in irrigation frequency. Costs will be determined from comparisons of usage with historical usage for the same time period and be presented to the Contractor for review before deduction of payment.

E. Personnel
Contractor shall provide dedicated irrigation a personnel to the Contract Area, District 1, District 2, District 3, District 4, Civic Center, and the Zoo; whose primary and sole function shall be to properly operate, monitor and maintain the irrigation system within the listed Contract Areas Personnel shall be:

1. Fully trained and knowledgeable in all phases of the landscape irrigation system, including central control, site controllers, component maintenance, repair, and adjustment, and familiarity with all brands and models of irrigation equipment used within the City;

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concepts;

3. Capable of performing irrigation audits and providing a report;

4. Capable of taking direction from several City personnel, but particularly accountable to the City Irrigation Technician and the area gardener; and

5. Capable of verbal and written communication in a professional level of English.

F. Materials
The City shall supply irrigaton materials and supplies. However, there will be occasions when a repair is necessary and the City is out of inventory. In these cases, Contractor shall be required to supply the materials. Contractor is responsible for repairs, including but not limited to, irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems’ remote-control valves (RCVs) at no extra cost to the City.

1. City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises this option, the following conditions will apply:
a. All City purchases will be for the sole use of and for the City. b. Contractor shall secure and store inventory, distribute and control all material entrusted to its representatives. All materials and inventories shall be made available to the City upon request.
c. All material given to the Contractor shall be inventoried by location using the electronic work order system. The replaced part shall be returned to the City to remove the replacement part from the outstanding inventory.

2. All replacement materials shall be original types and models unless a CR approves a substitute.

3. Contractor shall maintain, at no additional cost to the City, an adequate inventory of medium‐ to high‐usage stock items to repair the irrigation systems.

4. Contractor shall implement repairs under all warranties.

5. All invoices, AEW, shall state labor and material costs.

6. The actual cost of all materials passed onto the City shall include the following:
a. Wholesale cost (retail costs minus Contractor’s discount) b. Applicable sales tax
c. A markup of 10% maximum for all overhead costs and profits

7. The wholesale cost shall be the actual cost paid by Contractor reflecting the best price, including any discount given to Contractor (written receipt submitted with billing)

8. At no time shall the cost of materials exceed the retail cost from the current price list, minus any discounts.

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The City desires to establish and maintain safe, healthy, well‐suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance.

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SECTION III

TURFGRASS
The City desires to establish and maintain safe, healthy, well‐suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges.

Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance.

A. Maintenance – Overview
Turf care shall be differentiated by the two (2) types of turf ‐ “Casual” and “Sports/Priority” Turf. When the word “Turf” is not preceded by the word “General” or the word “Sports/Priority,” it applies to both types of turf.

1. Casual Turf Mowing
All “casual” turf (non-sport/priority turf) shall be mowed every other week, from October 31st to February 28th of each year. “Casual” turf shall be mowed each week from March 1st to November 1st of each year. Each year the DR will select the dates in mid-November and mid-March when the Contractor shall transition from every other week mowing to once-a-week mowing. The Contractor shall use Kubota L5060 tractors, or approved equal, equipped with turf-type tires and tractorpowered Trimax ProCutS3-237 91” rotary mowers for the large turf areas greater than 69” wide and Trimax ProCutS3-178 69” rotary, or approved equal, detail mowers for areas between trees and other park amenities. The DR shall determine the height of the cut.

2. Sport/Priority Turf Mowing
All “priority” turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2”- 3/4” unless approved by CR. To achieve a quality cut at this height and not leave clippings, the Contractor will perform a first cut using a rotary mower with clipping catching capability, followed by using a Kubota L5060 tractor equipped with turf-type tires and tractorpowered Trimax ProCutS3-237 91” rotary mower, an approved fairway or greens mower for medium size areas and a walk behind Jacobsen Eclipse2 reel mower for small areas. Note that the Contractor shall perform quality sports turf mowing and detailing to the DR satisfaction regardless of the equipment and methods the Contractor uses. The DR shall direct the Contractor to mow the priority turf lower than 1/2”, if necessary. Note that the Ball Diamond Infield Maintenance Contractor shall be responsible for mowing turf infields, including foul territory turf areas, 36” beyond the skinned infield arc, and other designated ball diamond turf areas. Infield maintenance shall not be a part of this agreement.

1. The contractor shall maintain mowers that provide a smooth, even cut without ridges or depression and without tearing off the leaf blades; including sharp blades on all mowers.

2. All factory safety equipment must be fully operational.

3. The mowing schedule may be altered due to weather and/or other conditions upon approval from the CR.

4. Mowing shall be completed during one (1) single-day operation per given area.

5. The contractor shall not mow areas where the soil is over‐saturated.

6. All litter shall be removed from the turf before each mowing.

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7. Mowing shall be performed at the speed the mower’s manufacturer specifies to maximize the quality of the cut. The emphasis shall be on quality mowing vs. speed and unprofessional patterns.

8. Mulching mowers shall be used to mow General Turf grass areas. Recycling blades and/or recycling decks shall be used in all areas where grass clippings will not be picked up.

9. Excessive clipping debris, as determined by the CR, shall be removed and disposed of offsite at the Contractor’s expense.

10. String trimmers shall not be used for mowing turf.

11. Turf shall be mechanically trimmed with a grounded blade edger at the same time as mowing during the seasonal mowing cycle (twice per month in winter, once per week in summer).

12. The areas requiring edging shall include all hardscapes adjacent to turf, including sidewalks, curbing, planters, grave markers, historical plaques and markers, and other concrete entities, asphalt, concrete, paved areas, and DG.

13. All edging shall be done in a way as to not damage any hardscape entities.

14. Other fixtures such as but not limited to valve boxes, utility boxes, cleanouts, drains, signs posts, poles, benches, tables, and building foundations can be edged with the use of string trimmers, once an edging pattern has been properly
established using an edger or sharpened shovel. Should the edged area begin to deform, CR shall direct the Contractor to repeat the detail process.

15. Property damaged by string trimmers or mowers shall be replaced/repaired immediately.

16. Sidewalks and other hard surfaces shall be properly cleaned after each edging, including grass stains or marks from the mowing process.

17. Trimming of grass around trees or planter beds in the turf area (12 to 24‐inch distance from the object) shall be performed during the seasonal mowing cycle in such a manner as to avoid damage to the plants.
a. Chemical edging and trim pattern establishment using a blade edger shall be completed when grass encroachment is within six (6) inches of the trunk or planter bed.

18. Any mechanical damage to tree trunks which is considered Contractor neglect shall result in a replacement planting, at the discretion of the CR.

19. Refurbishment of damaged turf due to Contractor negligence, including poor irrigation management, irregular turf evaluation intervals, and/or Contractor error shall be completed within seven (7) days of discovery and notation.

20. Turf shall be maintained within 6‐12 inches of all appurtenances (e.g. walls, fences, transformers, etc.)

21. Detail lines shall be made straight and shall be maintained straight.

22. The contractor shall fill all divots, depressions, and uneven areas with sand, as directed by the CR.

23. The City reserves the right to require the Contractor to apply plant dye on specified plant material within 24 hours of notification to the landscape that has been stressed due to the Contractor’s neglect. The dye will be applied at no additional cost to the City.

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B. Inspections – Sports/Priority Turf
The contractor shall inspect the sports fields or play areas daily.

1. All sports fields shall be kept at a level grade to provide a uniform height of turfgrass, by topdressing low places with clean sand.
a. Depressions over 1” in depth, which lack turfgrass cover, shall be filled with weed-free soil to the existing grade. Rototilling may be prescribed by a CR.

2. The contractor shall inspect the sports fields or play areas for proper water drainage away from the playing surface. If drainage is not evident, irrigation programming in the affected area shall be required to prevent landscape failure. The contractor shall contact the CR for the proper irrigation management strategy, which shall be programmed within 24 hours.

3. The contractor shall inspect the sports fields or play areas for hazardous holes or depressions that may cause a player to trip. Those found shall be filled as directed in Section 3.2.1.an above.

4. The contractor shall remove stones and other debris that may interfere with play or cause injury.

5. The contractor shall inspect the sports fields or play areas to see that the soil absorbs irrigation and rain rapidly enough to provide reasonably good footing on the surface of the area. If improvement is indicated by the CR, Contractor shall contact the CR for direction.

6. The contractor shall inspect the sports fields or play areas to see if the turf surface is being irrigated evenly with a reasonable amount of water. Irrigation programming for Sports/Priority Turf is at the highest tier (Tier One – Turf Irrigation Reduction Priority Key).

C. Casual Turf
The scope of work for General Turf includes the following:

1. The mowing schedule shall be once per week from March 1 to October 31 and once every other week from November 1 to February 28, Monday through Friday of each week specified.

2. Not more than 1/3rd of the total leaf length shall be removed per mowing.

3. Mowing shall be completed in one (1) operation.

4. Turf shall be aerified a minimum of one (1) time annually in March using a solid tine aerator to a minimum depth of three (3) inches.

5. Casual Turf shall be renovated-overseeded one time per year, April through May. All seed quantities and types specified with either Kikuya or Marathon fescus shall be verified by the DR prior to any applications. The process for renovation-overseeding shall be as follows:

6. The turf shall be flailed down to ¼”. All turf clippings shall be removed.

7. The contractor shall flag/mark all irrigation and site amenities and shall avoid hitting/damaging them with the aeration equipment. Any damage caused to the irrigation or other site amenities shall be repaired/replaced at the Contractors' expense.

8. The contractor shall coordinate with the CR to irrigate the causal turf to allow greater penetration for the aerator.

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9. The turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). Contractor shall make twopasses in different directions per the DRs direction.

10. Contractor shall coordinate with the CR to confirm all irrigation has been tested and restored to original design specifications prior to overseeding.

11. Once the CR verifies that the irrigation system is working efficiently, the Contractor shall overseed the turf using Stover Seed Company’s AZ-1 Kikuyugrass or Marathon Fescus at a rate of 30 pounds per acre. During the germination period, the Contractor shall assume responsibility for programming the irrigation controller(s) to assure 100% germination of seed.

12. Immediately after overseeding the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination of seed.

13. The intent of overseeding is to have 100 percent turf coverage, re-seeding in bare spots shall include seed topper.

14. Cutting height shall be 2‐2.5 inches, with final determination to be made by the CR.

D. Sports/Priority Turf
The Sports and Priority fields to be considered for this section are listed in Appendix II.This list is dynamic and will have fields added and removed periodically. The scope of work for Sports and Priority Turf includes the following:

1. Contractor shall mow once per week, all year.
a. This may require mowing athletic fields when the rest of the park is not being mowed.

2. Contractor shall vary the height of cut depending upon the season, grass type, and growing conditions. The specific cut will be determined seasonally by the CR, but shall not be altered once the height has been determined for the season. a. Mowing height for warm season turf shall be .5‐1.5 inches, with the CR guiding cutting height depending on the machines used.

3. Sports/Priority Turf in this Contract shall be mowed using a power-driven fairway reel mower or fine cut rotary mower. The quality of the cut will be determined by the CR and changes may be required if minimum standards still need to be met.

4. 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.

5. Contractor shall perform alternate mowing patterns to prevent wheel ruts. If ruts are made, the Contractor shall make repairs at its sole expense.
a. Repairs for deep ruts may include sod‐cutting of damaged areas, leveling of subsurface soil, and replacement of sod.
b. Field may be taken out of play due to rutting, and the deductions for lost time shall be subtracted from the monthly payment to the Contractor.

6. Sports Fields Overseeding shall be renovated-overseeded each year per the Sports Annual RFP 23-151 City Council Landscape Maintenance Services 15 – 34 1/16/2024 Page 38 of 135

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Schedule. The DR shall verify all seed quantities and types specified in the contract before any applications. The process for renovation-overseeding shall be as follows:

7. Renovation downtime schedules effectively take the Sports Turf area out of service for several weeks (the schedule to be determined by the CR for a duration of 10 weeks). The goal of this period is to restore worn and damaged turf. This renovation procedure includes core aerification, fertilization, seeding, and grade restoration. These procedures shall be included in the cost proposal. A typical renovation includes:

8. The contractor shall install a 6’ high temporary construction fence with stands around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeded in accordance with the park map depicting the sport/priority turf areas. Perimeter fencing shall be placed at the direction of the CR to avoid sprinkler damage and provide 100 percent water coverage. See aerial maps of sports field locations.

9. Turf shall be mowed down to ¼”-1/2 ”, or determined by CR. All turf clippings shall be removed.

10. Turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). The contractor shall make two passes in different directions per the DRs direction.

11. Turf shall then be vertical using the Kubota L5060 tractor equipped with turf-type tires and the Trilo VCU 200 Verticut implement. Following verticutting all turf clippings shall be removed.

12. The contractor shall coordinate with the CR to confirm that all irrigation has been tested and restored to original design specifications before overseeding.

13. Immediately after overseeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf.

14. Once the CR verifies the irrigation system is working efficiently, the Contractor shall overseed the turf using a) Stover Seed Company’s Grand Slam FS in the fall/winter at a rate of 65 pounds per acre; and, b) Stover Seed Company’s Pro Sportsfield Supreme in the spring/summer at a rate of 65 pounds per acre. The contractor shall overseed all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser.

15. Immediately after overseeding the Contractor shall apply ¼” minus STA-approved compost topper from R&S Soils to all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser.

16. Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize the germination of seed. Once the renovation process is complete, the Irrigation Consultant shall retake control of the irrigation programming.

17. Plugs/cores shall be removed, or broken up (drag mat, mower) and spread over the Turf area being treated, at the time of aeration, to the satisfaction of the CR.

18. Flags identifying irrigation shall be removed by Contractor immediately after aerification.

19. City‐supplied signs indicating a field renovation is in progress shall be posted.

20. The contractor shall secure all the seed materials at the beginning of the season in RFP 23-151 City Council Landscape Maintenance Services 15 – 35 1/16/2024 Page 39 of 135

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advance to avoid shortages or “out of stock” scenarios.

E. Renovation Process
Shall have the CR, unless approved otherwise, during the rennovation process:

1. Day 1
a. Irrigation audit, ensure coverage and adjust sprinklers heads to 1/2:” below grade.
b. Aeration (the Kubota L5060 tractor equipped with turf-type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal))

2. Day 2
a. Scalping and vertical cutting.
b. Following verticutting all turf clippings shall be removed.

3. Day 3
a. Apply seed and drag-in to level surface, coordinate with CR to verify seed type and quanitites
b. Immediately after over-seeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf.
c. Apply light topper dresser (apply ¼” minus STA-approved compost topper from R&S Soils)

4. Day 4
a. Coordinate with CR for the watering program

5. Day 5 - Completion
a. Inspect daily and monitor germination. In the last two (2) weeks of the rennovation period, the mowing shall be done in intervals.

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SECTION IV

EDGING & DETAILING
A. General Specifications

1. All edging shall be performed with the use of a gas‐powered blade edger or CR‐approved substitute. Stick edgers shall not be used.

2. Chemical edging is allowed along edges such as trees, fence lines, curbs, etc., as directed by the CR. The contractor shall not use chemical edging in areas not authorized by the CR.

3. If chemical detailing is performed, the Contractor shall use a string trimmer to remove the treated vegetation within one (1) week after symptoms of phytotoxicity become recognizable.
a. Plants (i.e. trees, shrubs, groundcovers, annuals) with noted phytotoxic damage from an herbicide edging treatment shall be removed within one (1) week of observation and replaced with like‐sized plants.

4. The contractor shall detail turf no further than 12 inches away from all hard surfaces, including walls, fences, curb lines, roadways, pathways, and landscape surfaces (e.g. trees, shrubs, beds, etc.).
a. Detail lines shall be made straight and shall be maintained straight.

5. The contractor shall supply, at Contractor’s own expense, replacement plants to reduce any existing bare soil areas along walls and fences that are wider than 12 inches that have been caused by the Contractor's neglect.

6. Edging/detailing shall be performed at the same time mowing occurs.

7. All edging/detailing shall be performed with the use of a McClain’s edger or an approved substitute walk-behind or fixed blade stick edger. The contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc.

8. The Contractor shall detail around trees, along walls/fences, and other amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle.

Should the circle begin to deform, the Park Services Inspector Supervisor shall direct the Contractor to repeat the detail process. Shovel-cut detailing shall be repeated as often as necessary to maintain crisp evenly round/straight lines. In the event that the circle becomes too great, the DR shall direct the Contractor to sod the area around the tree at the Contractor’s expense to the size instructed by the Parks Services Inspector Supervisor.

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SECTION V

GROUND COVER
The City’s goal is to encourage the proper care and growth of groundcovers, maintained within the confines of their growing areas, free of weeds and without a prevalence of bare spots or unhealthy plant material.

Groundcover beds should create a natural, pleasing appearance in all areas.

A. General Specifications

1. Groundcovers shall be pruned and maintained according to accepted industry practices and consistent with the intended use.

2. Groundcovers adjacent to hardscape such as sidewalks, walkways, playgrounds, sport courts and parking lots shall be edged weekly in one (1) operation with the turf edging.

3. In locations where turf is not present (i.e. parks, medians, empty lots), groundcovers shall be edged monthly, or as determined by the CR, to present a clean and neat appearance and to keep the plant material from impeding foot traffic. Care shall be taken not to expose bare soil.

4. Edged ground cover will not be allowed to develop a build‐up with a sheared face along the sidewalk or curb edges. Groundcover height shall not exceed six (6) inches without a beveled edge (i.e. leaning edge even with sidewalk with lower edge angled inward).

5. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all ground cover beds.

6. Plant material damaged by Contractor‐applied herbicides shall be replaced at Contractor’s expense.

7. The use of pre‐emergent is strongly recommended in areas with overhead irrigation. In some instances, weeds may be removed by mechanical means as approved by the CR.

Pre‐emergent herbicide cost shall be included in the cost proposal.

8. The contractor shall keep groundcover trimmed back 6‐12 inches from all controller units, irrigation heads, valve boxes, quick couplers, up‐lighting, or other appurtenances or fixtures.

9. The contractor shall not allow groundcovers to grow up trees, into shrubs, or on structures or walls. The contractor shall keep groundcovers trimmed back approximately 6‐12 inches from structures or walls.

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

11. Mulch shall be applied to all planting areas two (2) times per year, once in the spring (Apr‐ Jun), and again in the fall (Sep‐Nov).

12. Bare soil areas in ground cover beds shall be replanted or mulched as required. The Contractor shall apply US Composting Council STA-tested approved mulch 3”- 4” minus by 2” thick.
a. No bare soil areas are permitted in the ground cover areas. All bare soil areas shall be cultivated to 6” deep weekly while awaiting fresh mulch.

13. Ailing and/or stunted groundcover which fails to meet expected growth shall receive additional nutrient treatments to correct deficiencies or shall be replaced by Contractor at RFP 23-151 City Council Landscape Maintenance Services 15 – 38 1/16/2024 Page 42 of 135 its expense. If groundcover failure is determined to be due to improper treatment and/or neglect by the Contractor, replacement shall be performed at Contractor's expense within five (5) working days.

B. Mulching of Bare Areas

1. In all shrub areas where bare soil is visible, the Contractor shall apply US Composting Council STA tested and approved compost mulch 3”- 4” minus by 2” thick minimum twice per year (third week of January and July) and as necessary to maintain uniform and complete coverage. Leaf litter and other organic materials other than mulch shall be removed continuously.
a. All bare soil areas shall be cultivated to 6” deep on a weekly basis while awaiting fresh mulch.

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SECTION VI
SHRUBS
The primary objective for maintaining shrubs and other plant material within the City’s landscape is to create a natural, aesthetically pleasing appearance throughout all areas. Shrubs to include and not limited to cacti and succulents and other plant material shall be pruned only to allow new growth to develop within the confines of planters and beds and should have soft rounded edges in most applications. The use of powered equipment must be approved before use.

A. General Specifications

1. Shrubs shall be pruned quarterly, or as required, for safety, removal of broken or diseased branches, general containment, and appearance.

2. Shrubs shall be pruned, as required, to ensure vehicular and pedestrian visibility and clearance.

3. All bare ground shrub areas, not inter‐planted with ground cover, shall be cleaned a minimum of one (1) time per month. Cleaning shall be accomplished without removing significant amounts of any present mulch.

4. Plant material encroaching onto or from City property shall be trimmed back to the property line. At City's discretion, depending on circumstance, plants growing over fences and sidewalks from private property adjacent to contracted areas will also be trimmed back to the property line.

5. All gasoline‐powered equipment used for pruning shrubs shall be approved by the CR.

6. Ailing, stunted, and/or dead shrubs, as a result of circumstances beyond the Contractor’s control, shall require a proposal for replacement within five (5) working days and shall be restored within one (1) week of obtaining a signed proposal for Supplemental Work.

7. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients, at no additional cost to the City, within five (5) working days of discovery.

8. Shrub failure due to Contractor’s neglect or improper treatment shall be replaced, at Contractor’s sole expense, with like‐kind and ‐sized plants, within five (5) working days.

9. The contractor shall prune shrubs according to accepted industry practices and consistent with the intended use, as well as to retain as much of the natural informal appearance as possible. Final standards will be the decision of the CR. a. For accepted industry practices, t h e Contractor shall refer to the AHS Standards ‘Pruning and Training’ manual, latest edition. b. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance.
c. The contractor shall remove any spent blossoms or dead flower stalks as required for a neat, clean appearance.
d. Shrubs and mounding shall not exceed two (2) feet in height within areas required for vehicular sight distance, depending on roadway topography.

10. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all shrub beds. The use of pre‐emergent is strongly recommended and will be at Contractor’s expense. In some instances, weeds may be removed by mechanical means as approved by the CR.

11. Any paper or litter that accumulates in shrub bed areas shall be picked up daily.

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12. Mulch shall be applied to all shrub/planter bed areas, including medians, two (2) times per year, once in the spring (Apr‐Jun), and again in the fall (Sep‐Nov). See mulch specifications Section V, Letter B, Mulching of bare areas.

13. “Box hedging” may be required on some shrubs, as designated by the CR. Shear hedging or severe pruning/trimming of plants, unless authorized by the CR, shall not be permitted.

14. Topping of plants whose natural growth stems from the base of the plant shall not be permitted.

15. The contractor may occasionally be requested to raise the bottom of the shrubs for security reasons.

16. All shrubs without ground cover shall be mulched. No bare ground areas shall be acceptable.

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SECTION VII
VINES
Vines shall be encouraged to grow and flourish by continually maintaining proper care in accordance with AHS Standards.

A. General Specifications

1. Vines and espalier plants shall be checked and removed as needed to allow for proper growth.

The contractor shall secure vines with appropriate ties to promote directional growth on supports. The contractor shall not use nails to secure vines on masonry walls.

2. Pruning of vines shall be in accordance with good horticultural practices, as defined by the AHS Standards ‘Pruning and Training’ manual, latest edition.

3. Vines shall be pruned only to allow for new growth to develop and to control/direct plant size.

4. No more than 1/3rd of the vines should be pruned at any given time unless directed by the CR.

5. The contractor shall have deep water vines in pockets not provided with sprinklers, as required to promote optimum growth.

6. Weed control shall be applied monthly to control all emergent weeds. In some instances, weeds may be removed by mechanical means as approved by the CR. a. The use of pre‐emergent is strongly recommended to control broadleaf and grassy weeds.

7. Any paper or litter that accumulates in vines and surrounding areas shall be picked up daily.

8. Mulch shall be applied to all planting areas two (2) times per year, as necessary, once in the spring (Apr‐Jun), and again in the fall (Sep‐Nov).

9. Vines shall not be allowed to grow past the designated area. All areas explored by the vine outside of the planting area shall be removed at the Contractor’s expense. Any structural damage done by excessive vine growth shall be restored within one (1) week at Contractor’s expense.

RFP 23-151 City Council Landscape Maintenance Services 15 – 42 1/16/2024 Page 46 of 135

SECTION VIII
TREES
It is essential for the City to continue to develop and maintain an urban forest within its parks and backup areas.

The contractor shall prune trees to comply with ISA standards and maintain their characteristic shape, density, and texture. The center of gravity, or location of the mass, per tree, is close to the center and close to the ground, enabling the trees to withstand strong winds. Thus, the Contractor shall not thin or “lace out” dense foliage, except for outside branches. The Contract will include a large number of newly‐planted trees and reforested areas. Tree pruning specifications for all trees over 15 feet are covered under a separate tree maintenance contract, except for the requirements to raise trees for clearance.

A. General Specifications

1. The contractor shall raise all trees, as required, to allow twelve‐foot (12’) clearance within park boundaries and fifteen‐foot (15’) clearance above road surfaces for vehicular traffic.

2. All trees shall be pruned as required to remove broken, crowned, dead, hazardous, and infested portions for safety reasons.

3. The CR shall be informed immediately of any hazardous trees.

4. All pruning shall be done by the use of proper tools, per ISA Standards, and disinfected after each tree is pruned to prevent the spread of disease and pathogens from one tree to another.

5. Topping trees shall not be permitted. Any pruning shall be done by those experienced and skilled in pruning techniques.

6. All cuts shall be done using proper horticultural practices. Dressing wounds is not allowed.

7. Tree stakes, ties, and guys shall be checked and corrected or replaced as needed and removed when no longer needed.

8. Ties shall be adjusted to prevent girdling.

9. Under no circumstances shall stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a “tipped back” or pinched condition with as much foliage as possible to promote caliper‐retained growth (tapered trunk). The contractor shall contact the CR with any questions or concerns.

10. Downed tree debris, of all sizes, shall be cut up and removed within 48 hours of discovery.

The contractor shall be responsible for chipping and green waste disposal.

11. Newly planted trees, either by the Contractor or the City, shall become the responsibility of the Contractor if they fall within the height specification.

B. Trees Under 15 Feet

1. The contractor shall prune out branches extending beyond a tree’s shape (foliage perimeter).

2. The contractor shall prune to control size and shape.

3. Cuts shall be inside the perimeter of foliage, almost flush with a parent branch, but not harming the collar area. No butts or stubs shall be permitted. Old stubs with an outgrowth of multiple shoots shall be removed.

RFP 23-151 City Council Landscape Maintenance Services 15 – 43 1/16/2024 Page 47 of 135

4. The contractor shall prune off lower branches high enough for traffic clearance.

5. The contractor shall cut out dead, crossing, rubbing branches, and v‐shaped crotches.

6. The contractor shall undercut branches over two (2) inches in diameter before final cut is made close to a scaffold (main) branch. Shredded, torn or ripped branches shall be re‐cut cleanly.

7. An exposed wound, as where a branch was removed, shall remain exposed. The contractor shall not paint or apply any substance on wounds.

8. Trees close together shall be separated by the removal of intermingling branches. The exception is a large hedge or windbreak consisting of one (1) species.

9. All newly planted or young trees shall be double-staked by the Contractor and secured properly with CR‐approved ties.
a. The contractor shall use only City‐approved staking materials. b. The contractor shall always remove nursery stakes on young trees and replace them with double staking when trunk strength allows. c. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the CR.
d. Tree stakes shall be set a consistent distance (minimum six [6] inches) away from the trunk of the tree to reduce abrasion.
e. The tops of tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of the main or lateral branches of the tree.

10. A tree too heavy for support by stakes shall have equally‐spaced guy wire ties to stakes and shall be inspected for possible removal. The wire shall be on a 45‐degree angle with the tree trunk.
a. Locations for the use of guy wires shall be determined by the CR. b. Ties shall always allow for tree movement between stakes and tree trunk. c. The contractor shall loosen or remove tree ties upon discovery that ties are too tight before ties girdle a branch or trunk.
d. The contractor shall remove stakes or tensioned cables (guy wires) from a tree trunk that is immovable in wet soil.

11. Any tree stakes or ties that are broken, loose, or damaged shall be removed immediately.

If the tree is less than one (1) year old or immature and requires continued support, new ties and stakes will be required.

12. Fertilizers, pre‐approved by the CR, 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 micronutrient applications.

13. All trees located in Casual, Sports/Priority Turf areas shall have 2” of STA approved 3”-4” compost mulch installed around the tree ring continuously.

14. The Contractor shall have an ISA Certified Arborist On-call employee able to provide a risk assessment. The contractor will only charge, AEW, the arborist time to investigate and create a risk assessment. The arborist can be asked to meet with residents, the public, or elected officials to discuss tree conditions.

RFP 23-151 City Council Landscape Maintenance Services 15 – 44 1/16/2024 Page 48 of 135

SECTION IX

LAKE MAINTENANCE
A. General Specifications
The lake water quality, algae, and aquatic weed control are maintained by a separate contractor. The Specifications for this Contract include the management of the trash, leaf, and branch debris, and habitat evaluation.

1. The following lakes are to be serviced as a part of this Contract:
a. Centennial Park
b. Thornton Park

2. Water, lake and stream bottoms, surrounding embankments, riprap areas, and sidewalks shall be inspected daily and kept free of litter and debris at all times. This shall include but is not limited to trash, litter, dead fish, fishing line, bird droppings and/or deceased waterfowl, and un‐anchored plant debris.
a. Skimming equipment capable of a 20‐foot reach shall be required to remove the aforementioned items from the subject lakes.
b. The contractor shall remove any dead wildlife immediately, and report to the CR.

3. Park equipment such as trash cans, decorative boulders, and park benches that are periodically placed in the water shall be immediately returned to their appropriate locations, and the CR shall be notified.

4. Excessive leaf drop and other debris which results in reduced stream flow or surface collection shall be removed weekly.

RFP 23-151 City Council Landscape Maintenance Services 15 – 45 1/16/2024 Page 49 of 135

SECTION X

PEST CONTROL
A. General Specifications
Integrated Pest Management (IPM) principles govern the oversight and management of pest pressures. For this reason, biopesticides have been chosen as a primary control method whenever horticultural management criteria deem the anticipated result to be satisfactory. Combined with a sound IPM program, pest control through prevention, cultural practices, exclusion, natural enemies, and host resistance offers the safest, most effective means of producing high‐level plant material. The City is concerned with the safety of wildlife and, therefore, the Contractor shall be expressly prohibited from using anything that may result in direct or secondary poisoning and harming of organisms.

Contractor shall employ a certified pesticide applicator to implement the IPM specifications.

1. IPM, under this agreement, will apply to planters, tree rings, hardscapes, parking lots, sidewalks, sports courts, etc. Agricultural pest control services for casual, sports, and priority turf shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company.

2. The contractor shall manage economic thresholds of plant pests including insects, diseases, weeds, and vertebrate damage, as defined in this section.

3. The contractor shall obtain any necessary permits to comply with City, County, State or Federal regulations or laws to perform such control.

4. By submitting a proposal, the Contractor assumes responsibility and liability for the use, storage, containment, and cleanup of all pest control management materials.

5. Any failure on Contractor’s part to abide by City, County, State, and Federal laws or regulations, and the Specifications contained in this section, may result in a default of this Contract.

6. Fines levied against the City as a result of the Contractor’s failure to abide by regulations shall be Contractor’s responsibility to pay.

7. Contractor shall use all materials in strict accordance with the most current Federal EPA and Cal‐DPR regulations, applicable sections of the California Food and Agricultural Code, Title 3, and regulations within the Healthy Schools Act (HSA).

8. The contractor shall maintain the appropriate licenses, and categories within the Licenses, including Pest Control Business License (PCB) and Qualified Applicator License (QAL‐ categories ABCF).

9. The contractor shall use specified pesticides only.

B. Procedure
This section shall serve as the primary guideline for pest control operations. Weeds represent the majority of work within this Contract. All applications shall be completed in a safe manner utilizing safety procedures outlined in Appendix A, Terms and Conditions.

1. The contractor shall submit a comprehensive treatment schedule to maintain all working intervals (daily, weekly, monthly, quarterly, and yearly). a. This schedule will be entered as work orders into the City database and closed out after the application has been deemed satisfactory. Completed work orders
RFP 23-151 City Council Landscape Maintenance Services 15 – 46 1/16/2024 Page 50 of 135 shall be indicated by control of the specified pest, not completion of the application.

2. Restricted material applications, and HSA applications, require a notice of intent (NOI) posting to the County Agricultural Commissioner, as well as to the City. The contractor must have written confirmation back from the CR before the start of the application. This written confirmation requirement may be waived upon the completion of successive treatment cycles; notification of this nature will be made in writing to the Contractor via email.

3. The contractor or Contractor’s representative shall scout the landscape material for harmful pests regularly and thoroughly. The contractor assumes the primary role in this responsibility.

4. The CR shall inspect all areas of the landscape when infestations of harmful or unwanted pests are located by Contractor and will submit a plan of action to the Contractor. a. A written recommendation shall be issued by the CR to indicate the plan of action when a pesticide is required to be used as a control method.

5. A copy of the monthly Pesticide Use Report (PUR) for all pesticides shall be filed with the County Agricultural Commissioner no later than the 10th of every month for the preceding month.
a. A copy of the PUR shall be sent and received by the City at the same time the report is filed with the county.

6. Pesticides shall be applied at times that limit the possibility of contamination from climatic or other factors.
a. Early morning application shall be used when possible to avoid contamination from drift.
b. All applications shall be scheduled after checking the NOAA weather notification system for potential rainfall. All indications shall be for rain‐free weather 48 hours post application.

7. Care shall be taken in transferring, mixing, and applying pesticides to prevent contaminating areas outside of the target area.
a. Application methods shall be used to ensure that materials are confined to the target area.

8. Treatment includes the application of the pesticide, as well as the re‐entry period following the application. The contractor shall be responsible for maintaining the treatment area throughout the re‐entry interval.

9. Spray tanks containing leftover materials shall not be drained on‐site. Dumping of tank contents is illegal.
a. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code, EPA/DPR regulations, NPDES permit requirements, and all other applicable laws, rules, and regulations.

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

11. Pruning is an effective prevention of an epidemic of insects and diseases (e.g. pine tree tip moth, juniper twig girdler, tree borers, fire blight). The contractor shall prune away infected RFP 23-151 City Council Landscape Maintenance Services 15 – 47 1/16/2024 Page 51 of 135 parts and dispose of them off-site. The contractor shall sterilize pruning equipment before moving to the next plant.

12. Handling requirements may apply during transport to another location (e.g. bagging of tree limbs containing borers).

13. Snails shall be controlled regularly by Contractor before becoming an epidemic.

Biopesticides containing iron phosphate or other molluscicides, shall be initiated by Contractor early in the infestation. All reasonable precautions shall be used by Contractor to minimize health risks to non‐target organisms. The City will not tolerate epidemics of snails.

14. Cleanup of hazardous material releases, to the extent indicated by the governing agency, is the responsibility of Contractor.

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SECTION XI

WEED CONTROL
A. General Specifications
A weed is defined as any plant growing in an area where it interferes with the intent and expectation of the landscape. The City expects all areas to have minimum weed populations due to the frequency of management intervals.

1. All weed control material shall be approved by CR prior to using.

2. All weeds shall be addressed, as indicated, in the frequency of management intervals. The Specifications, in general, indicate monthly weed control with a specified herbicide; however, if required to alter the existing intervals for certain areas for higher quality Holi cultural outcomes (e.g. parking lots, planters, sidewalks, etc.)

3. Weed heights of four (4) inches or greater are an indication of improper weed control treatment and/or intervals. Weedy areas will be brought to the attention of Contractor in order to gauge the reason for the deficiency. Remediation of the problem, if deemed a Contract deficiency, shall be within five (5) working days.

4. String trimming, in the absence of chemical treatment, may be used to control a weed population, but satisfactory weed control is measured by both results and the visual aesthetic of the planted area.

5. Manual weed control may be substituted for chemical weed control in some instances to maintain the proper interval (e.g. windy or rainy conditions which prevent chemical treatment).

6. Damage to plants caused by weed competition and herbicide application shall result in replacement plantings at Contractor’s expense.

B. Weed Control of Hard Surfaces
Contractor shall apply an approved herbicide, in the prescribed interval, to remove and control weeds growing in cracks, expansion joints, patios, gutters (cement/asphalt interface), interior park roads, hardscapes, and other contiguous City landscape‐hardscape interfaces, in order to maintain the landscape aesthetic.

1. Areas adjacent to paved surfaces shall have minimum margins of relief provided by chemical weed control.
a. Systemic, non‐selective weed control of adjacent roadside lawns shall not have in excess of twelve (12) inches of bare soil between the lawn and roadway edge. b. Overspray or excessively bare margins shall require replacement plants to be installed.

C. Weed Abatement of Fallow or Undeveloped Lands
Contractor shall periodically mow unwanted weeds in open space areas, wild areas, and undeveloped portions of City landscapes and vacant City lots.

1. Contractor shall perform weed abatement processes, which maintain the weed population below eight (8) inches, when required throughout the year, but not to exceed four (4) times annually.

2. Any additional frequencies or areas will be paid for as Additional Extra Work (AEW).

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3. Mowing these areas shall be accomplished with a flail mower or weed eater type unit and shall be preceded with an herbicide application to maintain a weed‐free appearance. Spoils shall be left on top as a mulch at the end of mowing.

4. Additionally, areas shall be maintained monthly for trash and dumped items.

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SECTION XII

LITTER & DEBRIS MANAGEMENT
A. General Specifications
Contractor shall provide general cleanup on a daily basis, unless otherwise specified, for the purpose of emptying trash cans and picking up papers, trash, discarded items or debris which may accumulate in the landscape areas; hardscapes within the site (sidewalks, pathways, parking lots, sports surfaces); those City sidewalks that lie directly adjacent to the park or transverse and dissect the median island, vacant lots or backup lots; and all curb and gutter lines that encircle these same sites. This list also includes all other adjacent hardscape elements deemed by the CR to be part of the inventory of the respective Contract landscape areas, lakes, playgrounds, parking lots, internal roadways, and all other park and open space areas.

B. Schedule

1. All trash cans shall have full bags removed and replaced with a clean liner by 12:00 p.m. daily.

2. Replacing all plastic trash can liners shall be part of Contractor’s routine cleaning process.

3. All litter and debris cleanup shall be performed between the hours of 6:00 a.m. – 12:00 p.m., Monday through Sunday, unless otherwise noted.
a. Reserved picnic sites are a priority and shall be cleaned daily by 7:00 a.m., including weekends, holidays, and for special events. Pressure washing may be required as determined by the CR.

4. A route, or order of facilities, that Contractor will follow shall be submitted to the CR and updated as necessary.
a. The CR shall be notified immediately if this schedule cannot be met on a particular day.

5. All parking lots and roads shall be swept, blown and/or vacuumed free of debris a minimum of once weekly. This does not replace daily trash and debris clean up.

6. Contractor shall remove all debris resulting from its operations daily and dispose of it off‐site at the time of occurrence.
a. All debris resulting from any of Contractor’s operations shall be removed and disposed of at Contractor’s sole expense. No debris shall remain at the end of the workday.

5. All walkways shall be kept clean/clear of debris and plant growth. Care shall be taken not to create unnecessary hazards to pedestrian, bike, or car traffic.

6. Contractor shall not blow grass cuttings/debris into public streets or gutters that have not been previously swept or vacuumed clean.
a. Contractor shall remove debris generated adjacent to landscape areas (i.e. sidewalks, streets, gutters, medians).
b. All second notice violations will be immediate deductions.

7. Should illegal dumping occur to any of the Contracted sites, immediate disposal shall be performed at no additional cost to the City. Any such dumping shall be reported immediately to CR.

8. Soil spoils on curb areas, including street medians and gopher soil disturbances, shall be cleaned weekly from all areas.

RFP 23-151 City Council Landscape Maintenance Services 15 – 51 1/16/2024 Page 55 of 135 C. Pressure Washing
The contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation to perform the cleaning services as set forth herein.

1. Pressure Washing: Power washing with the use of hot high-pressure water sprayer (which shall include high pressure hot water washing) for the 100% removal of dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit.

2. Accumulated water remaining after the cleaning shall be removed completely so no puddling exists.

3. During regular cleaning operations, the contractor shall use high pressure, low-volume washers, and steam cleaner as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surfaces.

4. The nozzle pressure of equipment shall not be so great so as the dislodge tile/paver grout or cause damage to hardscape or surfaces.

5. All trash, debris, tar, freestanding oil, grease, liquids, “green waste, “food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substance, and contaminants shall be removed from hardscape and park amenities upon completion of power washing.

6. Contractor shall provide monthly pressure washing schedules.

7. The Contractor shall pressure wash each each designated area with the following recurrence:
a. Weekly Basis
i.
ii.

Gazebos or Patio Structures
Benches, BBQ’s, picnic tables, drinking fountains, other park amenities iii. Playgrounds, equipment and surface
iv.
v.

Exercise Equipment and surfaces
Restroom perimeter to include the exterior of the building and the hardscape with 25’ radius
a. Bi-Weekly Basis
i. Sports Courts (Tennis, basketball, volleyball, handball to include the court walls, etc.)
ii.
iii.
iv.
v.

Trash Receptacles
Bleachers to include 25’ radius around locations
Dugouts and benches
Doggie Stations
vi. Kiosk and Educational Signs
RFP 23-151 City Council Landscape Maintenance Services 15 – 52 1/16/2024 Page 56 of 135

SECTION XIII

UNHOUSED AREA CLEAN UP & TASKS
A. General Specifications

1. Contractor shall be responsible for cleaning miscellaneous trash items left by unhoused individuals during Contract hours.

2. Contractor shall remove and properly dispose of abandoned items (trash) daily.

3. Interaction with homeless maintenance contractor, CR, City officials and staff, and/ or law enforcement personnel may be necessary as it pertains to securing and restoring the imprint.

4. Contractor shall report to the CR regarding interference in contractual execution (unable to mow, pick up trash, etc.) due to unhoused individuals, within 24 hours.

5. Contractor shall report any threatening individuals to the CR immediately.

6. All personal belongings shall be properly bagged and identified with a tape tag indicating location name, date and time of removal, and truck number. These bags shall be stored at a City location.

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SECTION XIV

DRAINAGE APERTURES
A. General Specifications

1. Contractor shall inspect surface drains (i.e. catch basins, flow structures) located within the landscaped areas daily.

2. Surface drains, including catch basins where applicable, shall be maintained free of obstruction and debris at all times to ensure proper drainage.

3. Contractor shall remove any debris or vegetation that might accumulate to prevent proper flow of water.

4. During periods of inclement weather, Contractor shall take extra care to ensure all drains and drainage areas are kept clear of debris and that water is draining properly.

5. All costs incurred by the City to repaired damage due to improper drain cleaning will be recovered from Contractor.

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SECTION XV

PLANT ADDITIONS AND/OR REPLACEMENTS
A. General Specifications

1. Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, groundcover or flowers.

2. Work shall be considered as AEW unless otherwise specified. Exceptions are replacements due to Contractor’s negligence, as determined by the CR.

3. Contractor shall replace all damaged plant material due to Contractor’s negligence within five (5) working days.

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SECTION XVI

GUARANTEE AND/OR REPLACEMENT POLICY
A. General Specifications

1. Plant Health Care (PHC): The Plant Health Care approach to managing trees and shrubs recognizes that, in most cases, plant health problems are the result of many factors, not just a single agent. PHC takes a holistic approach when making management decisions that focuses on plants and their interactions with the living and nonliving elements of the landscape.

2. PHC attempts to prevent problems before they start. Managing plants health involves proper planning, plant selection and a wide range of cultural practices aimed at improving site and soil conditions. When combined with careful monitoring to identify pests in the initial stages these practices greatly reduce dependence on pesticides.

3. 4.

All new plant material and irrigation installations shall be guaranteed for a period of one (1) calendar year, unless damage or death of plant material is due to wind, storm, vandalism, riots, war, fire, flood, earthquakes or other events over which the Contractor has no control.

Existing plants shall be replaced by Contractor if it is determined by the CR that they were damaged or destroyed due to Contractor’s negligence.

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SECTION XVII

REPORTS AND SCHEDULES
A. General Specifications
Contractor shall submit reports and schedules as requested and as outlined below and in Appendix A and Appendix B. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a deduction. All reports and schedules shall be either provided by, or in a format approved by the City.

B. Reports

1. The following are required reports and frequency of delivery by email and followed up by phone call to CR:
a. Personnel staffing by area, total employees, total hours – as submitted to DIR b. Pesticide application reports – daily, including NOI c. Pesticide Use Reports – monthly
d. Incident and Accident Reports – immediately
e. Hazard Reports – immediately
f. Refuse – shall be kept on file by Contractor and correlated with an invoice g. Fertilizer application (if applicable) – daily, by site, amount, date, material h. Water truck (if applicable)– gallons per week
i. Irrigation system malfunction (central control) or shut down – monthly j. Vandalism – weekly, by site
k. Homeless encampments – weekly
l. Sports field renovation schedule – will be provided by CR. m.Lake problems or challenges – immediately
n. Damage to appurtenances – immediately
o. Plant replacement, by area – immediately
p. Emergency call out log – monthly
q. Consumable goods log – monthly
r. Irrigation audits – monthly
s. Hardscape cleaning – monthly
t. Pest control advisor recommendations – as required by California Code of Regulation
u. Safety inspection log for Contractor’s yard, equipment, performance ‐ monthly v. Additional Extra Work – weekly, as requested
w. Vacant lots log contract completion – quarterly
x. Tot lot rototilling – monthly
y. DG pathways repair/maintenance – monthly
z. Bike trails/Asphalt Cement walkways – monthly
RFP 23-151 City Council Landscape Maintenance Services 15 – 57 1/16/2024 Page 61 of 135 aa. Pressure washing amenities and playgrounds – monthly

2. Additional reports may be occasionally required to assist the City. These reports shall be detailed, thorough and may include, but not be limited to, the following:
bb. Suggestions for improving problem areas;
cc. Proposal needed prior to performing any Supplemental Work; and dd. Large scale projects.

C. Schedules

1. Monthly Maintenance Schedule
Contractor shall provide a maintenance schedule to the City in calendar format within thirty (30) days of the start of the Contract. Schedules shall show the day of the week the operation is to be performed, or the order of rotation areas will be serviced, such as for debris pickup or pruning operations. These schedules will be entered into the work order system and Contractor performance will be evaluated based on this rotation.

2. Required schedules and frequencies of delivery are:
a. Mowing services for each park site – weekly
b. Shrub trimming (backup lot, medians, parks, MOU) – quarterly c. Irrigation audit – quarterly
d. Irrigation evaluation of athletic fields – weekly
e. Divot/low spot filling of sports/priority fields – weekly f. Tree raising – weekly, as needed
g. Coal bin cleaning – weekly
h. Sand lot rototilling – bi-weekly
i. Weed abatement (spray followed one [1] week later by string trim) – quarterly j. Weed abatement (vacant lot/wild lot) – quarterly
k. Other weed abatement – monthly
l. Cleaning of parking lots and park roads – weekly
m. Mulching – bi‐annually
n. Sport court cleaning – weekly
o. Groundcover trimming – monthly
p. DG surface repair – monthly
q. Bike trail chemical edging – monthly
r. Special projects and locations – as requested
s. Supplemental and locations – as requested
t. Irrigation programs – weekly
u. Additional Extra Work – as needed
v. Lake cleaning – weekly
w. Lake debris – daily
RFP 23-151 City Council Landscape Maintenance Services 15 – 58 1/16/2024 Page 62 of 135 x. Other items as requested by the CR – as needed

3. Any other activities that Contractor performs on a regular or semi‐regular basis and as determined or requested by the City will require a schedule to be submitted.

4. Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR for review, and if appropriate, approval, within five (5) working days prior to scheduled time for the work.

Notification of change in scheduled work due to circumstances beyond the control of Contractor must be received by the City at least 12 hours prior to the scheduled time for work to begin.

5. All schedules shall be of a format either supplied or approved by the City.

6. Contractor shall adjust work schedules within the same week to accommodate all City‐ observed holidays, during inclement weather, under emergency notification, and for periods of excessive rainfall.

RFP 23-151 City Council Landscape Maintenance Services 15 – 59 1/16/2024 Page 63 of 135

CITY OF SANTA ANA

SECTION XVIII

IRRIGATION REPORTS AND SCHEDULES
A. Irrigation Reports

1. Written reports of any repairs or modifications to the irrigation system shall be turned monthly to DR. Failure to do so may delay payment of invoices.

2. Examples of other written reports Contractor shall provide are:
a. Monthly irrigation system audit sheet
b. Irrigation zone narratives, shall keep a plot plan at the controllers (when applicable)
c. Irrigation material purchase request (if applicable) d. Create and maintain an inventory log of irrigation equiptment components throughout the city, by District.

B. Irrigation Schedules

3. Contractor shall provide an Irrigation Controller Program Log for each manual controller by area within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the Irrigation Controller Program Log.

4. Contractor shall provide to the City a schedule of all manually‐watered areas, including those where use of a vehicle is required, within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the schedule.

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SECTION XIX

CIVIC CENTER
A. General Specifications

1. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed. Downtown Civic Center Grounds and Landscape – The Downtown Civic Center Area is the home of federal, state, county, and city government for Orange County. The classification of maintenance required at this site is considered “high-end commercial.”

2. All pedestrian hardscape areas, including but not limited to plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc., shall be blown and/or swept clean daily; Monday - Friday. The Contractor is not responsible for blowing parking lots, only for litter removal. Contractor is not responsible for pressure washing.

3. All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear.

4. All trash receptacles shall be emptied daily, seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. Lids shall be completely wiped clean with a germicidal cleanser and polished continuously as stains appear.

5. All cigarette urns shall be sifted daily Monday, Wednesday, and Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month.

6. All drinking fountains shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Monday, Wednesday, and Friday of each week.

7. All trees below 15’ shall be pruned four (4) time per year (first week in January, April, July, and October) using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts.

8. All shrubs requiring hedging shall be trimmed every two weeks.

9. Replace all 52 state flags in the Plaza of the Flags the first week of January and July of each year. Flags to be provided by City.

10.All turf in the Civic Center area is considered priority turf.

11.Perennial/Annual Color: All perennial/annual color beds shall be maintained and planted/rotated three (3) times per year (first week of January, May, and September) as detailed in Attachment 5.

12.Fertilization: Cyad and Palms shall be fertilized two (2) times per year (first week in March and September) per the City’s agronomic plan.

13.The Contractor shall be required to clean trash and large debris in parking lots in the Civic Center. The work shall be performed in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot.

14.All signage, drinking fountains, concrete pads, trash receptacles, site furniture, bollards, concrete or asphalt areas with stains around trash receptacles, security RFP 23-151 City Council Landscape Maintenance Services 15 – 61 1/16/2024 Page 65 of 135 lights, park benches, walls, and the pavement beneath them and other Civic Center amenities shall be cleaned daily.

15.The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance.

16.After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all Civic Center areas within twenty-four hours (24 hrs.) at no additional cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites.

17.Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather.

18.The Plaza of the Flags shall have flags displayed at all times. The Contractor shall visually inspect the flags every day to assure they are in good condition. Should, in the opinion of the DR, any flag is not in good condition (faded, discolored, torn and/or having holes) the Contractor shall immediately request a new flag from the DR.

Contractor shall raise the new flag immediately upon receipt from the DR. The Contractor shall replace all flags twice a year (January, July) with flags provided by the City.

19.Japanese Garden Pagoda shall be cleaned daily.

B. Annual Color Planting and Maintenance Specification at Civic Center

1. Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8” of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2” of nitrified redwood tilled to an 8” depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed.

2. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4” plant material (deeper for larger pots).

3. Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4” pots and will be planted in an 8” triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants:
a. Spring/Summer – April through October 1
RFP 23-151 City Council Landscape Maintenance Services 15 – 62 1/16/2024 Page 66 of 135 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias
b. Fall/Winter
Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus
C. Vandalism

1. Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City’s representative with a proposal to replace missing/damaged plants. After the City’s Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours.

2. The City’s contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation.

D. Quality of Life Team (QOLT) (Civic Center)

1. Homeless and Transient Encampent Clean Up
a. Contractor shall remove transient/homeless encampments that may include, but is not limited to tents, soiled clothing, blankets, human feces, hypodermic needles, and items listed above. Clean up multiple encampment sites shall be scheduled or on an on-call basis. b. Work will consist of surveying sites, collecting debris, dismantling temporary structures, removing trash, and disposing of all debris at a local facility specified by the City. Jobsites can be in heavy foliage, embankments, train tracks, creeks and other areas requiring alertness to the environment and pre-planning to prevent injury or illness. c. Contractor shall remove unwanted natural or environmental materials including, but not be limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar.

2. Removal and disposal of debris/rubbish, including:
a. Trees, cut brush, dead trees, tree limbs, and similar materials, b. Furniture, mattresses, appliances, scrap metals, junk, automobile parts or machinery, tires, televisions and other electronic devices, c. Structure demolition, including wood frame, concrete, asphalt, bricks or other construction debris,
d. Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter,
e. Hand sweeping (or blowing) of streets, alleys, sidewalks and similar areas.

3. Contractor may be required to occasionally perform confined space clean-up for entry into designated areas.

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4. Contractor may be assigned to work alongside Santa Ana Police Department and Social Services/Outreach Support Workers when clearing transient/homeless encampments.

5. Immediately contact the City of Santa Ana Police Department in the event that weapons are found. Under most, circumstances, the City's Police Department will have confiscated weapons and illegal contraband prior to the arrival of the Contractor.

6. Contractor may be required to post City provided "Notice to Clean or Remove Property" signs at the work site prior to the commencement of each removal project as established in the work-scope and as directed by City representative. Depending on circumstances, this posting may occur 24-hours from the date of the clean up or as determined by the Projects Manager. Contractor shall photograph posted notices to document time and location of posting as instructed by Projects Manager and City.

7. Contractor may be required to bag and identify personal property left behind at clean-up sites and transport them to a place designated by the Projects Manager or City.

Guidelines for property identification will be provided by the City. Such items include but are not limited to items in good repair such as organized backpacks, clean and clearly identified medication, eye glasses in good condition, wallets, handbags, jewelry, operating watches, non-soiled duffel bags, and non-soiled and organized bedrolls.

8. General:
a. Furnish all labor, equipment, materials and supplies (including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on City streets, alleys, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance.
b. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract.

9. Staffing:
a. Mobil Unit: Two (2) full-time employees from Monday – Friday from 7 am4 pm to collect, bag, and tag lost and abandoned property with the QOLT team.
b. They required a full-size vehicle with an electric dump trailer, or equivalent, to assist with homeless refuse pickup.
c. City Yard Storage: One (1) full-time employee from Monday-Friday from 7:30-4:30 managing the storage facility center located at the City Yard. d. No vehicle is required.
e. Staff should be trainable by City Staff and SAPD for homeless property pick up and storage.

RFP 23-151 City Council Landscape Maintenance Services 15 – 64 1/16/2024 Page 68 of 135

SECTION XX

LAWN BOWLING
A. General Specification, Lawn Bowling
Mowing, irrigation, and fertilizing are the primary turfgrass practices needed to sustain a turf surface of acceptable quality on a bowling green. Mowing, irrigation, and fertilizing are interrelated to such a degree that a reduction in leaf area by reducing the mowing height or using the vertical mowers too aggressively would require an adjustment in the frequency and intensity of fertilizing and irrigation.

Throughout the growing season, the turfgrass grows both vertically and horizontally. When the turfgrass grows, it gets longer, and the matt gets thicker. Correct mowing of the lawn bowls green maintains the smooth and consistent rolling of the bowls, and the grass shall not get longer and thicker to maintain an ideal playing surface.

1. Equipment required for The Santiago Park Lawn Bowling Greens are required:
a. Scott Bonner 30" Queen Mower 16-blade reel mower with a Honda

5.5 hp gas engine, OR EQUAL
b. Groomer OJLBC-20002-08, OR EQUAL
c. Sand Spreader OJLBC-2005-07, OR EQUAL
d. GROUNDSMAN AERATOR OJLBC-1998-05Model 460, OR EQUAL
B. Mowing

1. Bowling at the Santiago Park greens must be done in a north-south direction. Mowing should be done at a 45-degree angle to the roll of the bowl. Therefore, the mowing directions at the green should be northwest to southeast or northeast to southwest.

Contractor must perform mowing as follows:
a. These directions should be rotated each time mowing is done. b. During the months of April through November, mow two (2) times per week; set mower height to 1/8".
c. During the months of October through March, mow once per week; set mower height to ¼".
d. Overlap each pass of the mower by 50%.
e. The Scott Bonner blade is sharpened at a 90-degree angle, enabling the blade to be removed and reversed. When both sides of the reel are dull, the blade is removed and back lapped.

2. Dethatching/Verticutting :
a. Contractor must remove thatch material to allow proper water and nutrient permeability. Thatch is a buildup of dead and decaying herbaceous material at or slightly below the ground level. If thatch remains, the turf builds up unevenly and is more susceptible to fungus infections. The thatch slows the roll of the bowl and can alter the course of the roll.
b. Contractor must remove thatch during the months of April through November Verticut, dethatch, and level green twice a week. Set cutting blades' height to ¼ inch in depth.

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3. Grooming:
a. Contractor must perform grooming services during the months of April through November every year.
b. Contractor must groom grass twice a week as described on page 6 of greens maintenance manual. Schedule work for Tuesdays and Thursdays. Set the cutting blades depth to 1/16 inch.

4. Aeration:
a. Contractor must perform aeration during the month of March every year.
b. Conractor must plug with ½-inch diameter 6-inch long hollow tines.

Remove debris from the greens after plugging. Backfill the empty holes with pure washed sand sieve #60, approximately 7 tons.
c. After aeration, coordinate fertilization with the IPM contractor (separate contractor) and immediately finish by watering.

RFP 23-151 City Council Landscape Maintenance Services 15 – 66 1/16/2024 Page 70 of 135

SECTION XXI

CENTENNIAL PARK
A. Centennial Park:

The Contractor shall clean and maintain the following areas of Centennial Park:

1. The parking lot south of Rancho Santiago College is a part of the agreement site.

2. The unimproved planting area east of Rancho Santiago College is a part of the agreement site.

3. The irrigated area outside of Dan Young Soccer Complex to the west is a part of the agreement site.

4. The Contractor shall pressure wash off daily from pedestrian hardscape areas bird droppings.

SECTION XXII

VACANT LOTS
A. Vacant Lots
The Contractor shall perform daily blowing-off, trash and debris removal, including managing weeds.

1. 10th and Flower

2. 1st and Mountain View

3. Bristol and Tolliver

4. Bristol and Myrtle
RFP 23-151 City Council Landscape Maintenance Services 15 – 67 1/16/2024 Page 71 of 135

SECTION XXIII

SANTA ANA STADIUM
A. Santa Ana Stadium
The historic Santa Ana Stadium is a premier youth football and soccer venue. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed:

1. All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, and sidewalks, shall be blown and/or swept clean daily, seven (7) days per week.

2. All parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean once per week, on Thursdays. Trash shall be picked daily.

3. All site amenities, including but not limited to, signage, player benches, hand railing, public telephones, etc., shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Friday of each week.

4. All grandstand bleachers shall be inspected continuously and wiped clean as stains and dirt appear.

5. All turf in the Stadium area is considered priority turf.

6. All surfaces within the Stadium (including tunnels, bleacher areas, all walkways, seats) shall be high pressure washed quarterly (the third Monday of July, October, January, and April) to remove stains, gum, candy, dirt, etc. See pressure washing scope.

7. The contractor shall be able to provide additional staff for special events, before and after, at the stadium to handle the additional trash and debris.These special event services shall be billed per event.

RFP 23-151 City Council Landscape Maintenance Services 15 – 68 1/16/2024 Page 72 of 135

SECTION XXIV

SANTA ANA ZOO
A. Santa Ana Zoo (Zoo)
The Santa Ana Zoo was established in 1952 and is a 20 acre zoological park and botanical garden.

Due to the sensitivity of the animals at the zoo and unique plantings, there are some variances from the standard Grounds-Landscape Specification. The following special maintenance shall be performed for the Zoo site only.

1. The Contractor shall use electric-powered equipment in the course of providing service at the Zoo. Gas powered equipment is not allowed unless approval is granted by the CR.

2. All turf at the Zoo is considered casual turf. Casual turf at the Zoo shall be mowed using a Mean Green Mowers EVO or equivalent commercial electric mower as approved by the CR.

3. The interior courtyard adjacent to the café and playground sees the highest use levels of all turf areas at the facility. This location should be overseeded and renovated as needed throughout the year to maintain consistent turf quality, aesthetics, and provide the highest amount of usability for visitors. This should be coordinated with the CR for the Zoo.

4. Tree Edging No-Mow Turf - Trees maintained with natural no-mow lawns (i.e. Carex sp.) shall not have shovel cuts around trees.

5. All mulch at the Zoo shall be 2” minus composted mulch applied to a 2” thickness unless approved by the CR. Mulch shall not cover root flare of trees and the base of shrubs leading to plant health issues.

6. To lessen the impact on daily Zoo operations and provide the best well-being for the animals, tree pruning specifications include trees up to 30’ height with DBH less than 18”. This is restricted to the interior of the Zoo and immediately adjacent to animal habitats. This specification allows for ornamental pruning of small and moderate sized trees to occur throughout the year along with routine landscape maintenance services. This has the effect of spreading out the burden on the facility and drastically reduces the amount of time areas need to be closed off to the public. Large trees and trees outside the public areas are not included. Please see attached diagram for a map.

7. An ISA TRAQ Certified Hazardous Tree Professional shall evaluate all Zoo trees and provide a written report using the Arbor Access Tree Management Software program (or an approved equal) one time only within six months of the start of the contract.

8. Tree Establishment – “Treegator” Slow Release Watering Bags or similar shall be provided for newly planted trees as determined by the CR, Gator Bags shall be filled weekly for the first two growing seasons.

9. California Natives and Drought Tolerant Shrubs - Selectively prune and trim all native plants during appropriate seasons to ensure pedestrian paths, walkways and sidewalks are not impeded or as necessary based on best horticultural practices. (i.e. Romneya coulteri pruned to 6” in late summer or fall, Salvia clevelandii pruned in fall, Zauschenria sp. established plants cut back hard in winter after flowering.

10. Bamboo - Dead, old, small, leaning or misshapen culms shall be removed annually.

Cuts shall be made as close to the ground as possible and straight across so there RFP 23-151 City Council Landscape Maintenance Services 15 – 69 1/16/2024 Page 73 of 135 are no dangerous, sharp points sticking out of the ground. Care shall be taken to avoid damaging newly emerging culms. The CR will provide additional direction on which clumps may be topped to increase the screening effect or “legged-up” for aesthetics. Giant timber bamboo shall be maintained with a minimum of 12” distance from building foundations.

11. Epiphytic Specimen Plants - Epiphytic plants (Platycerium sp., Bromeliads, Anthurium sp., Tillandsia sp., Laelia sp., etc.) require special attention and may not have dedicated irrigation systems. These specimen plants shall be hand-watered at varying intervals depending on the time of the year based on horticultural requirements. Platycerium shall be fully drenched including the fronds.

12. Ornamental Grasses - All Cortaderia selloana (pampas grass) specimens smaller than four feet in diameter shall be removed immediately and disposed to control invasiveness. Warm-season grasses shall be cut to the ground in fall or winter consistent with best horticultural practices. Ornamental grasses shall be cut within 6” with a flat top and not mounded. Large clumps (5+ seasons) only exhibiting growth around the edges of the clump shall be dug up, divided, and replanted.

Thysanolaena maxima specimens shall be minimally pruned to maintain form and tidiness.

13. Animal Enclosures& Animal and Human Safety - The Contractor’s workers must not enter animal enclosures without prior approval from the Zoo Manager or their representative. Workers must not touch or feed any of the Zoo’s animals. In the event of an escaped dangerous animal, the workers will be asked to stop work immediately and evacuate the zoo. Annually, the Contractor shall provide their employees working in and around animal exhibits with basic training on zoonotic disease prevention and common-sense sanitary measures. The Contractor shall meet with the Zoo Director or their representative for relevant information before commencing work.

14. Gutter Maintenance - The Contractor shall pay attention to clearance of gutters within the Children’s Zoo area to prevent blockage and the growth of weeds.

15. Zoo Closure Days - The Zoo is closed to the public on Thanksgiving Day, Christmas Day (December 25), and New Year’s Day (January 1). The Zoo is open all other holidays. The Zoo may be closed to the public during severe inclement weather.

Closure days are subject to change by the CR.

16. Rock Mulch Groundcover - Cactus and succulent beds are to be mulched with Dos Rios Pebbles 3/8” by Southwest Boulder and Stone or equivalent type to match existing as approved by DR. Pebble mulch shall be maintained at a 1” depth and kept off adjacent walkways.

17. General Maintenance, Daily Maintenance - All trash and debris (branches, glass, metal, paper, etc.) on the ground or in trash receptacles shall be removed from all worksites, landscaped and paved areas each day Monday through Sunday before 10:00 a.m., when the Zoo opens to the public. All organic debris (twigs, leaves, fruit, sand, gravel, rock, wood chips) on the pathways shall be removed from paved areas each Monday and Friday before 10:00 a.m., when the Zoo opens to the public. DG pathways shall be maintained through limited blowing and raking to reduce particulate pollution and dust in animal habitats.

18. Washing Landscape Material - To maintain plant health and aesthetics, plant material shall be washed down on a regular basis to remove any accumulated dust and cobwebs.

RFP 23-151 City Council Landscape Maintenance Services 15 – 70 1/16/2024 Page 74 of 135

19. Inspection of Perimeter Fence – Daily, the Contractor shall inspect the integrity of the chain link perimeter fence for breaches and advise the Zoo Director or CR of issues.

20. Trimming and Weed Removal within Exhibits –
a. Quarterly, the Contractor shall blow-off leaf litter accumulating on animal exhibit roofs, netting, cages, etc. including, but not limited to, Colors of the Amazon Bird Aviary.
b. Monthly, the Contractor shall inspect plant material in the animal exhibits for damage to the netting and trim plants pushing through animal exhibit roofs, netting, cages, etc. to prevent damage.
c. Contractor shall perform weed removal in the Anteater and Amazon’s Edge exhibits.

21. Pressure Washing - The Contractor shall perform weekly and as necessary pressure washing of paved areas, site furniture, drinking fountains, etc. in the café eating area.

22. Resetting Seating – The Contractor shall, Monday through Sunday, before 10:00 am each morning, reset all tables and chairs in the Zoo.

23. Blowing-Off Exhibits – The Contractor shall blow-off/clean animal exhibit roofs, netting, cages, etc. on a routine basis. Prior to performance, the Contractor shall coordinate with the CR.

24. Storm Drain Maintenance – The Contractor shall continuously maintain the Zoo’s storm/area drains, including the filter fiber by keeping them clean and free of debris.

The Contractor shall change the storm/area drains filter fiber, which shall be provided by the Zoo, as necessary.

25. Weekly Meeting – The contractor shall plan to have a standing weekly meeting with the CR and involve the IPM representative in the meeting.

26. All IPM and Agricultural pest control services at the Zoo only shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company.

RFP 23-151 City Council Landscape Maintenance Services 15 – 71 1/16/2024 Page 75 of 135

APPENDIX I

TERMINOLOGY
A. Interpretation / Terminology
The following terms are for convenience and reference only and are not intended to define or limit the scope of any provision hereof. The following words shall be construed to have the following meanings, unless otherwise apparent from the context in which they are used:

1. As Needed: To maintain the grounds in a clean appearance as determined by the City. The intent is to permit the City to receive services beyond the scheduled frequencies on an occasional basis. Should a service be needed on a consistent basis the City shall amend the Contract with Contractor subject to approval by the City Council.

2. Additional Cleaning (or Operation): The completion of all maintenance tasks, in whole or in part, to ensure that the specified conditions resulting from the “Initial Cleaning” or “Initial Operation” sustained or retained.

3. Appurtenances: Objects or features, which are component parts of the areas to be maintained. Appurtenances include, but are not limited to: seat walls, bollards, valve boxes, bike racks, fences, walls, monument pedestals, decorative features, benches, picnic tables, light standards/flag poles, handrails, electrical panels and transformer enclosures, and signage.

4. Sport/Priority Turf: Grass surfaces are maintained for the goal of primarily providing a smooth, safe playing surface for sports.

5. Automated Irrigation System: Valves, sprinklers, etc., that are operated using a controller which functions electrically, hydraulically, or thermally.

6. Biopesticide: Certain types of pesticides are derived from such natural materials as animals, plants, bacteria, and certain minerals.

7. BMP: Best Management Practices are identified by individual industry and must be incorporated into the operational management of the Contract.

8. Centrally Operated Irrigation System: Sprinklers, valves, etc., are turned on remotely from centralized software.

9. Confined Area: An area of turf bordered on three (3) or more sides by shrub beds, planters, hardscapes, walls, fences, play areas, decomposed granite areas, or other like borders.

10. Contiguous Hardscape: Hardscape medians that are on the same street as the landscaped medians and continue through to the next major intersection.

11. CR: City Representative.

12. EIC: Employee in Charge.

13. Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate assistance or relief.

14. AEW: Authorized Extra Work not in the contract to be approved by CR before City Council 15 – 72 1/16/2024
starting or completing. AEW’s will state the hourly rate of each laborer and trade to make the repairs, sample sheet attached. However, in case of a callback for workmanship failures approved through the AEW, the city will deduct a similar rate to make the corrections via a failure to perform (FTP).

15. ET: Evapotranspiration, or the water lost from a plant system due to evaporation from soil or transpiration of water through the plant.

16. Casual Turf: All grass locations which are primarily used for leisure activities and not used for sports. Not sports or priority

17. Green Waste: Any waste from vegetation, including but not limited to: tree trimmings, grass cuttings, dead plants, leaves, branches, wood and dead trees, and similar materials naturally occurring within the subject areas, or generated as a result of services provided by Contractor. “Clean Green Waste” shall not contain more than 10% contaminants.

18. Hardscape (or Hardscapes, Hardscape Areas): Sidewalks, walkways, patios, quads, game courts, bike paths, paved areas, and like surfaces.

19. Hazard: Anything likely to cause a person or animal harm.

20. Homeless imprint: An area defined by belongings, including personal items such as tents, carts, tarps, blankets, furniture, and food, which appears to be a settled area.

21. Initial Cleaning (or Operation): The first cleaning or first maintenance operation of several scheduled for a given day.

22. Interior Roads: Roads that are contained within the boundaries of a given area.

23. Litter: All paper, plastic, cans, bottles, or other material discarded in or on any location within the Contract area other than in a trash container provided for that purpose.

24. Non‐emergency: An unplanned service requirement that needs additional attention in a prescribed period.

25. Pesticide: Products that prevent, destroy, repel, or mitigate a pest, or which are plant regulators, defoliants, desiccants, or nitrogen stabilizers. A registered chemical is identified using an EPA and/or Cal Registration Number, or both.

26. Recyclable Material: Plastic, glass, or aluminum materials have economic value when separated from trash.

27. Repair or Replace: Equipment or property shall be repaired or replaced as determined by the City with like kind and quality. The intent is to maintain the equipment or property in good condition and consistent with the current model brand or manufacturer.

28. ROC: Rail Operations Center.

29. ROW: Right‐of‐way.

30. SDS: Safety Data Sheet

31. Spot Cleaning: The cleaning of only those portions of a floor, walkway, wall, fixture, table, furnishing, handrail, bench, or other surface(s) which are soiled (dirty, stained, marked, smudged, etc.), where the entire surface may not be sufficiently soiled to warrant cleaning the entire surface. The contractor shall City Council 15 – 73 1/16/2024
interpret the term “spot cleaning” to include the complete cleaning/washing of any surface which does not or would not, have a clean, uniform appearance after the cleaning of only portions of that surface.

32. Street Sidewalks (or External Sidewalks): Sidewalks or paved walkways that parallel streets, and which may exist on the perimeter of or adjacent to the areas to be maintained.

33. Trash: All litter, garbage, refuse, rubbish, dead fish and birds, human or animal feces and other materials and substances discarded or rejected as being spent, useless, worthless, or waste.

34. Pressure Washing: Power washing with the use of high-pressure hot water spray to remove dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit.

35. Failure to Perform (FTP): Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service.

36. Compost: The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). The eligibility requirements for meeting the Annual Recovered Organic Waste Product Procurement Target require that the Compost must either be i) produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter

3.1 of Division 7; or ii) produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations regulatory requirements.

37. Direct Service Provider: A person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).

38. Recovered Organic Waste Products: Products made from California, landfilldiverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.

39. SB 1383: Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

40. SB 1383 Eligible Mulch: Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7, and which meets the conditions as specified by 14 CCR Section City Council 15 – 74 1/16/2024
18993.1(f)(4) for the duration of the applicable procurement compliance year.

FOR PROPOSERS’ REFERENCE ONLY
City Council 15 – 75 1/16/2024

APPENDIX II

ADDITIONAL TERMS AND CONDITIONS
City Council 15 – 76 1/16/2024

TABLE OF CONTENTS

SECTION

1. CONTRACT REQUIREMENTS

1.1 1.2
Independent Contractor
Contract Transition

1.2.1 Transition In

1.2.2 Transition Out

1.3 Hours and Days of Maintenance Services

1.3.1 Scheduling of Operations

1.3.2 Service Schedules

1.4 1.5

1.6 Non‐Interference
Consumable Materials and Supplies – Contractor‐Supplied Consumable Materials and Supplies – City‐Supplied

2. RESPONSIBILITIES OF THE CONTRACTOR

2.1 2.2

2.3 2.4

2.5 2.6

2.7 2.8

2.9 Inquiries and Complaints
Safety
Vehicles and Equipment
Locks and Keys
Service Yard and Storage Area(s)
Utilities
Traffic Control
Bloodborne Pathogens and Biohazardous Material
Accident Reporting and Site Securing

2.10 Vandalism

2.11 Cooperation / Collateral Work

2.12 Protection of Existing Facilities and Structures
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2.13 Protection of Property During Inclement Weather (Emergency Response)

2.14 Emergency Numbers and Emergency Call‐Outs

2.15 Contractor’s Staff

2.16 Work and Workmanship

2.17 Supervision and Special Skills

2.18 Management and Enforcement

2.19 Contact with Minors

3. EXECUTION OF WORK

3.1 3.2

3.3 3.4

3.5 3.6

3.7 3.8

3.9 Subcontracting
Contractor Hiring
Notice Requirements
Default by Contractor / Termination
Temporary Suspension of Work
Damage Caused by Contractor
Non‐Emergency Call‐Outs
Work Not Included
Signs / Improvements

4. ENVIRONMENTAL REQUIREMENTS

4.1 4.2

4.3 4.4
Environmental Requirements
Refuse Disposal
Hazardous Materials
Sound / Noise Control Requirements

5. CHANGES TO THE CONTRACT

5.1 5.2
City’s Right to do Work
Changes in Service
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5.2.1 Special Events

5.2.2 Construction Activity and Maintenance Functions

5.3 Special Requests

5.3.1 Soil and Plant Testing

6. CONTRACT ENFORCEMENT AND EVALUATION

6.1 6.2
Contract Enforcement
Performance Evaluation
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SECTION 1

CONTRACT REQUIREMENTS

2.1 2.2
Independent Contractor
The Contract between City and Contractor is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association, as between the City and Contractor. The contractor understands and agrees that all persons furnishing services to the City under this Contract are, for purposes of Workers' Compensation Liability, employees solely of the Contractor and not of the City. The contractor shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder.

Contract Transition

2.2.1 Transition In
Contractor shall provide a written statement of their transition plan to include potential personnel who will be on the transition team and their roles, subject to City approval. Also included shall be sample timelines illustrating when the Contractor will be fully in place and performing all tasks. The anticipated transition period will be three (3) months.

A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period: 1) shovel-cut all tree rings; 2) raise all trees; and, 3) mulch all areas; 4) irrigation audits; 5) pressure washing appurtenances; 6) and repair DG paths.

The Contractor acknowledges that each site’s irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of each site’s rotors/heads and lateral irrigation lines. Following the initial agreement for start-up repairs, the Contractor shall assume responsibility for future repairs (see Appendix D 2.4 herein).

2.2.2 Transition Out
Contractor shall work in good faith with the City to transition out of the service, should a new Contractor be selected. The storage areas used by the Contractor shall be left in an orderly manner. All materials and equipment owned by the Contractor shall be removed from storage areas in a timely manner. Upon Contract completion, all keys, cards and remote controls given to Contractor shall be returned to the City’s designed City Representative (CR) with a final walk‐ through with the Contractor and the CR.

2.3 Hours and Days of Maintenance Services

2.3.1 Scheduling of Operations
a. Normal work hours are from 6:00 a.m. to 6 p.m., Monday through Sunday, unless City Council 15 – 80 1/16/2024
otherwise specified. The contractor shall perform work at such times as to minimize disturbance or interference to the residence and pedestrian or vehicle circulation (e.g., early morning mowing or irrigation checks, etc.) No routine mowing or pruning shall occur on Saturday or Sunday unless pre‐approved by the CR(s). Only those tasks related to cleaning or trash shall become routine on Saturdays and Sundays. b. The contractor shall perform work following the pre‐approved schedules during City business or non‐business hours, depending on the needs of the facility where work is performed.
c. Changes in the schedule by the City may be made with five (5) business days advance written or verbal notice to the Contractor.
d. The contractor must notify the CR(s) of any problems or service interruptions within twenty‐four
(24) hours or the next business day. Unavoidable service disruptions may be completed at a later date at the discretion of the CR(s).
e. Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. f. Repeated service interruptions without justification or approval of the CR(s) shall be subject to action provided for herein.
g. The contractor shall provide adequate staffing to perform the required services during the prescribed times.
h. Any changes in the days and hours of service heretofore prescribed shall be subject to approval by the CR(s).
i. The contractor shall be available for on‐call services twenty‐four (24) hours a day. j. Non‐emergency on‐call requests shall be responded to within four (4) hours of notification by the City representative or as mutually scheduled and agreed to by Contractor and City representative.
k. The contractor shall respond to all requests for on‐call emergencies within one (1) hour of notification by the City representative. (Explained further in Section 3.14) l. On‐call service rates shall be based on Contractor's hourly rate as quoted in Appendix E for such work.
m. Certain maintenance tasks may have time restrictions or extended time requirements. The contractor must observe and respond to these restrictions and requirements.
n. The contractor shall adjust schedules to meet the Specifications and compensate for all City observed holidays.

2.3.2 Service Schedules
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a. The contractor shall, within 30 calendar days of the effective date of the Contract, submit all work schedules to the CR(s) for review and approval. Said work schedules shall be based on a twelve‐month calendar and be in a format approved by the City. b. Any other activities that the Contractor performs on a regular or semi‐regular basis, as determined by the City, will require a schedule to be submitted upon request by the City.
c. The contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR(s) for review and if appropriate, approval within five (5) working days before the scheduled time for the work.
d. At the discretion of the City, monthly meetings (or at an increased frequency if deemed necessary by the City) between the Contractor and the CR(s) may be scheduled to determine progress and address any changes in schedules, problem areas, etc.
e. Changes or variations in scheduling may be necessitated by City special events, recreation classes, reservations, etc. The contractor shall adapt any or all schedules to the City’s requests.

2.4 2.5
Non‐Interference
The Contractor shall not interfere with the public use of the sites and shall conduct its operations as to offer the least possible obstruction and inconvenience to City employees and the public or disruption to the peace and quiet of the area within which the services are performed.

In the event of recreation programming issues, special events, etc., the Contractor may be required to alter the schedule to avoid interfering and may be required to return at a later time to meet the task and frequency.

Consumable Materials and Supplies – Contractor‐Supplied The contractor, as a component of the cost proposal, shall provide all of the following items:
a. Trash can liners (except at the zoo facility)
b. Cleaning agents, spotting agents, polishes
c. Disinfecting cleaning agents
d. Cleaning‐related supplies
e. Chemicals (as specified)
f. Pest/weed control chemicals (as specified)
g. Annual plant materials or any plants that die due to delayed irrigation repairs h. Mulch/topdressing per the contract specifications
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i. Brick dust
j. Grass seed (as specified)
k. Fertilizer (as specified)
l. Tree stakes and ties
m. Dog bags for Doggie Dispenser
No additional payment will be made for these materials. All Contractor provided chemicals, cleaning agents, and materials are subject to review and approval by the City.

2.6 Consumable Materials and Supplies – City‐Supplied
The City will supply, at no cost to the Contractor, the following items:
a. All replacement plant material (not including annuals), except those damaged by the Contractor.
b. Irrigation replacement parts (as specified)
c. Trash cans
d. Playground sand and bark
e. Signs – water conservation for medians, water audit, field renovation f. City will be provide DG as needed per the specifications. g. Trash can liners (at the Zoo facility only)
The contractor shall request these materials from the CR(s), and shall ensure proper and secure storage of these materials in an area specified by the CR(s). The contractor shall also ensure proper distribution and monitoring of these materials/supplies to prevent waste, theft, or other abuse. The contractor shall provide a log specifying where and when supplies have been used, and this log shall be made immediately available to the City upon request.

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SECTION 2

RESPONSIBILITIES OF THE

CONTRACTOR

3.1 Inquiries and Complaints

3.1.1 The contractor shall maintain a telephone at their facilities, listed in the telephone directory in its name or in the firm name by which it is most commonly known. At this location, during the daily hours of maintenance operation, the Contractor shall have some responsible person(s), who is proficient in English, employed to take the necessary action regarding all inquiries and complaints that may be received from the City. An answering service shall be considered an acceptable substitute to full‐time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service.

3.1.2 During regular working hours, the Contractor's Foreman, or an employee responsible for providing maintenance services, shall be available for notification and able to respond through electronic communications within 30 minutes.

3.1.3 During regular days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage, the City may, after a reasonable attempt to notify the Contractor, cause such action to be taken by the City workforce and charge the cost thereof as determined by the City to Contractor or may deduct such cost from an amount due to Contractor from the City.

3.1.4 The Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken thereto or the reason for non‐action. The complaints log shall be open to inspection by the City at all reasonable times. The City will maintain work order and email files.

3.1.5 All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or the Director’s Representative. If any complaint is not abated within a reasonable time, the Director’s Representative shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Director’s Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director’s Representative, the Director’s Representative may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City.

Such cost shall include all City staff time required to resolve the problem and appropriate overhead charges.

3.2 Safety

3.2.1 Contractor shall provide a safe workplace and comply with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) laws and regulations and any other applicable law, rule, regulation, ordinance and risk management standards. The contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. All City Council 15 – 84 1/16/2024
hazardous substances shall be listed per site, and Safety Data Sheets (SDSs) available at all times.

3.2.2 The Contractor shall be responsible for inspecting, identifying, and securing any condition(s) that renders any portion of a site unsafe and any unsafe practices occurring thereon. The CR(s) shall be notified immediately of any unsafe or undesirable condition(s) via email, phone, or instant messaging ensuring that it was received. This includes, but is not limited, to the following:
a. Damaged/inoperable fixtures, hose bibs, or irrigation components b. Running water, irrigation breaks, weeping valves, etc. c. Evidence of arson, vandalism, or other crimes
d. Damaged signs or drinking fountains
e. Damaged benches or tables
f. Graffiti
g. Hypodermic needles or condoms
h. Large amounts of blood or feces
i. Hazardous or suspicious materials/items
j. Insect, rodent, or bird infestations
k. Homeless persons or their possessions
l. Items lost by patrons
m. Poor turf conditions (i.e., holes, tripping hazards, uneven surfaces, gopher holes) n. Damaged fencing (i.e., holes, loose posts, missing fasteners) o. Standing water, saturated turf, dry spots
p. Lake conditions including dead or sick wildlife, water quality issues q. Downed tree limbs
r. Unsafe walkways
s. Unstable trees
t. Improperly supported trees (i.e. stakes, trees)
u. Other hazards, as applicable

3.2.3 The contractor shall be responsible for making minor corrections including, but not limited to: using barricades or traffic cones to alert the public to the existence of hazards, replacing Contractor-damaged valve box covers, and securing any damaged apparatus to protect members of the public or others from injury.

3.2.4 If needed, the Contractor shall assist the public by summoning emergency assistance at the site. The contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site, beginning with immediate notification, and then a complete written report of the nature of the issue to the City within five (5) days following the City Council 15 – 85 1/16/2024
occurrence.

3.2.5 The contractor shall also ensure that:
a. Vehicles, equipment, and hand or power tools are not left unattended or laying on walkways, grounds, or appurtenances where patrons may be put in jeopardy. b. Operator and machine safety equipment shall be in place and operational. c. Machine speed and operational characteristics shall match manufacturer's recommendations.
d. Transport and operation speeds shall be within the maximum limits established for the site.
e. After the protection of public safety, the preservation of site equipment, appurtenances, infrastructure, and public activities shall be paramount. f. Debris from operations shall not be allowed to compound existing conditions on hard surfaces and public access areas. All debris deposited on these areas as a result of the Contractor's work shall be cleared from hard surfaces and public access areas before leaving the site that day.
g. The contractor shall remedy hazardous materials on site which result from Contractor's work and shall properly dispose of the materials off-site. The contractor shall notify all appropriate agencies.
h. Malfunctioning equipment shall only be left on site with barricading, tagging, and reasonably supervising it until repairs are affected. In no case shall the equipment be left on site overnight.
i. During all operations, the Contractor shall be subject to local ordinances regarding noise levels (see NOISE in Santa Ana Municipal Code). Any scheduling of the Contractor's operations may be modified by the City at no additional compensation to the Contractor to ensure that the public is not unduly impacted by the noise of equipment or operations.
j. Fuels and additives shall not be left exposed or accessible to patrons. k. Fueling and repair operations shall be performed off of turf areas and away from patron activity.
l. All pesticides shall be handled appropriately and safely.

3.3 Vehicles and Equipment

3.3.1 The contractor shall take necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment.

3.3.2 The contractor shall immediately repair or replace all equipment deemed by the CR(s) to be unsafe, irreparable, or in unsatisfactory condition.

3.3.3 The contractor shall provide and properly maintain all necessary vehicles and equipment including, but not limited to: vehicles, mowers, edgers, saws, blowers, water hoses and City Council 15 – 86 1/16/2024
nozzles, squeegees, and high‐pressure/low‐volume sprayers.

3.3.4 All vehicles shall display Contractor’s name with an approved City service statement visible, such as: X.Y.Z. Contracting, Inc. Serving the City of Santa Ana A prototype of the magnetic placard shall be submitted to the City for approval within 30 days of the award of the Contract, with the placement of the placards on all vehicles operating within the City limits to take place within 60 days following the recognition of the Contract.

3.3.5 All equipment shall receive scheduled preventive maintenance to promote equipment reliability and ensure optimum performance at all times.

3.3.6 All equipment is subject to CR’s approval.

3.3.7 Equipment failures that happen more than three (3) times in one (1) month will be subject to deductions and a directive to replace the unreliable piece of equipment.

3.3.8 In preparing the proposal, the Contractor shall consider the following conditions pertaining to the vehicles and equipment utilized in the completion of the specified maintenance tasks:
a. The City Council of Santa Ana is considering banning all fuel‐powered (e.g., gasoline, methanol) leaf blowers. The contractor will not receive additional compensation should such a ban be implemented before or after the award of the Contract.
b. Mowers utilized for the hybrid Bermuda athletic turf must be dedicated solely to that hybrid Bermuda grass to prevent contamination.
c. A self‐contained power scrubber unit shall be required to perform washing and steam‐cleaning operations. The contractor shall meet all specified criteria as outlined in Section

22.2 of the Specifications in Appendix B. All wastewater recaptured by such a unit must be disposed of in a sanitary sewer approved by the City.

3.3.9 The contractor's vehicles may be permitted to drive on turf when conditions allow following specific routes designated by the CR(s). Areas designated as “unavailable for vehicle travel,” such as natural habitat areas, shall be serviced by other means.

3.3.10 The City shall provide, if possible, a storage area(s) at those sites that are not immediately accessible to Contractor's vehicles. (If a storage yard is unavailable the contractor shall have a storage facility close to the City of Santa Ana to impact the maintenance).

3.3.11 Larger vehicles may be allowed in the performance of non‐regular maintenance tasks, with the approval of the City.

3.4 Locks and Keys

3.4.1 Access to City facilities shall be in accordance with instructions, keys, and/or security cards issued or provided by the CR(s). Access may include special instructions about security systems installed at facilities. The contractor shall take all reasonable precautions to ensure that the security of the facilities and internal equipment, furnishings, and other items are always maintained.

3.4.2 The City may develop an initial chain and lock system with a specific number of City Council 15 – 87 1/16/2024
replacement locks for trash containers, restrooms, gates, valve/pump cover boxes, and controllers. The contractor shall be responsible for purchasing similar locks upon the loss of any City‐owned locks initially provided to the Contractor. The City shall exchange, onefor-one, locks that have been vandalized or are inoperable.

3.4.3 Contractor may provide a chain and lock system, at Contractor's expense, for trash containers located throughout the site to secure and limit the removal or tipping of the containers.

3.4.4 The Contractor shall be responsible for the series of keys assigned to it and assign these keys to its personnel to maintain the facilities. The contractor shall be responsible for the proper use and safekeeping of all keys issued by the City to the Contractor.

3.4.5 Contractor shall report all lost or stolen keys to the City representative(s) within twenty‐ four (24) hours of discovering the loss. The contractor shall reimburse the City for the total cost of re‐keying the facility or duplicating additional keys, as determined by the City.

3.4.6 Upon termination or cancellation of the Contract, Contractor shall immediately return all keys, cards, remote controls, etc., to the City.

3.4.7 California law stipulates that it is unlawful for a person to duplicate any keys without the owner’s permission. The penalty for violation of this law is either six (6) months imprisonment or a fine of $500.00, or both.

3.5 Service Yard and Storage Area(s)

3.5.1 The City, at its discretion, may provide storage and office facilities for Contractor’s use.

In such cases, the Contractor is prohibited from using said facilities to conduct any of its business outside the scope of the Contract. Further, said facility shall not be used for human habitation, other than a night watchman or patrol service as specifically approved by the City.

3.5.2 CR(s) shall identify and authorize Contractor to use a designated area, if available, exclusively or shared with City, for onsite storage as needed. If the designated area is shared with the City, Contractor shall identify equipment, materials, and supplies belonging to Contractor. If the City provides an area, the Contractor is responsible for securing and providing the CR access. The contractor shall safely store all supplies and compliance with all laws and regulations.

3.5.2.1 The contractor may not store any trash, litter, or recyclable material at the facility or in any vehicle for a period of over 24 hours. Notwithstanding the foregoing, the Contractor must conduct all operations at the facility in compliance with all applicable laws and regulations so as not to create a nuisance.

3.5.2.2 The contractor shall not “stockpile” hazardous materials in any quantities at the facility and shall not maintain any amount of such material at the facility greater than that which Contractor plans to use within the following 30 days.

Notwithstanding the foregoing, the Contractor shall sometimes store all hazardous materials in compliance with all applicable state and federal laws and regulations.

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3.5.2.3 The contractor shall not dispose of hazardous material on the site. All such hazardous materials collected on the site shall be appropriately stored temporarily, after that to be disposed of by Contractor at an approved disposal site, per California statutes.

3.5.3 Contractor, at its own risk, may store equipment and materials required for maintenance in said facility, providing the City has agreed to provide such facility. However, the Contractor must always use safety standards and handling procedures as applied to such equipment and materials. This contract assumes minimal facilities for the Contractors’ vehicles and equipment.

3.5.3.1 City shall not be liable for damage or loss to Contractor’s equipment, materials, and/or personal property. The contractor shall hold City harmless and waive any claims for damage for loss of use of any equipment, materials and/or property that may occur at City facilities.

3.5.4 Contractor shall maintain the service yard and/or storage area(s) in a clean, weed‐free, well-organized manner in keeping with the highly visible nature of the surrounding area.

Failure to do so may result in the Contractor’s loss of the use of the storage area(s).

3.5.4.1 The service yard and/or storage area(s) occupied by Contractor shall be cleaned and swept once per week and the sweepings disposed of in a lawful manner.

3.5.4.2 Contractor shall remove all undesirable material including, but not limited to, trash, accumulated debris, and equipment that is no longer usable for the purpose it was intended for, from the service yard and/or storage area(s).

3.5.5 The City may inspect service yard and/or storage area(s) for compliance anytime at City’s discretion.

3.5.6 Upon expiration or termination of Contract, Contractor shall restore service yard and/or storage area(s) to its original condition. Nothing contained herein which permits Contractor to use designated space shall be deemed or construed as a lease of space, but shall be a mere right to use.

3.6 3.7
Utilities
The City shall pay for the installation and use of all utilities at these sites, with the exception of the Contractor's telephone hookup and service.

Traffic Control

3.7.1 When working in road rights‐of‐way, Contractor shall comply with all procedures and requirements specified in the State of California (CALTRANS) Manual of Traffic Controls for Construction and Maintenance Work Zones and within the confines of applicable OSHA requirements.

3.7.2 Contractor shall cooperate with the Santa Ana Police Department (SAPD) relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of vehicles. If required, the contractor shall obtain an encroachment permit for any partial or complete lane closure. All work that requires traffic City Council 15 – 89 1/16/2024
controls will need to comply with the current WATCH manual.

3.7.3 When entering or leaving roadways carrying public traffic, Contractor’s equipment, whether empty or loaded, shall in all cases, yield to public traffic.

3.7.4 Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or WATCH Book). Lighted signs or arrow boards are required as needed.

3.8 3.9
Bloodborne Pathogens and Biohazardous Material
The contractor’s staff shall be aware of potential exposure to bloodborne pathogens through hypodermic needles, blood and feces, and shall wear personal protective equipment. Contractor shall treat hypodermic needles, large quantities of feces, and any rags, paper towels, or other materials containing blood as biohazardous material.

Only individuals trained in the removal and disposal of such material shall do so. Contractor shall immediately notify the appropriate authority upon the discovery of such occurrences. Contractor shall secure the affected site until such time that the appropriate authority can respond. See California statutes and guidelines for process.

Accident Reporting and Site Securing
Contractor shall immediately notify the designated CR(s) of any accident, regardless of whether or not injury or damage is evident, involving park patrons, City staff and equipment, and Contractor's staff, vehicles, and/or equipment shall secure the site until rendered safe. Contractor shall provide all written reports and/or documentation requested by the City.

3.10 Vandalism
The contractor shall report any damage to City property, including but not limited to vandalism, Acts of God, and third-party negligence to the CR. Via email, phone call, or message as determined by CR.

3.11 Cooperation / Collateral Work
The City and other contractors will conduct on‐going activities and operations during Contractor’s work. These activities will include but are not limited to landscape refurbishment, irrigation system modification or repair, construction and storm-related operations. If such work affects Contractor’s work, the City will ask Contractor to submit costs incurred by the Contractor as a result of the City’s work.

Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the CR(s) to cooperate.

3.12 Protection of Existing Facilities and Structures
The contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities, both above surface and underground, on the City’s property.

3.12.1 Any damage to City property deemed to be caused by Contractor’s negligence or failure City Council 15 – 90 1/16/2024
to use due care shall be corrected or paid for by Contractor at no additional cost to the City.

3.12.2 If the City requests or directs Contractor to perform work in a given area, Contractor shall verify and locate any underground utilities. This does not release Contractor’s duty to take reasonable precautions when working in these areas. Any damage or problems shall be reported immediately to the City.

3.13 Protection of Property During Inclement Weather (Emergency Response) During storms and periods of excessive rainfall, and in conjunction with Emergency Call‐Outs (below), Contractor shall provide supervisory inspection of the work during regular working hours to prevent or minimize possible damage from such adverse weather. The prime factors in assigning work shall be the safety of the workforce and damage to landscaping.

3.13.1 Contractor shall submit a report identifying any storm damage to the CR(s) and attach a site map identifying location of damage and cost estimate to repair/replace within 48 hours.

3.13.1.1 3.13.1.2
Report shall contain photos with captions.

If remedial work is required beyond the scope of this Contract, it shall be paid for as AEW.

3.13.2 Contractor shall remove debris accumulated by high winds or other typical or non‐typical environmental conditions. The contractor shall remove minor silt and debris from athletic fields, V‐ ditches, adjacent inverts, storm drains, etc.

3.13.3 During the periods that excessive rainfall hinders normal operations, the Contractor shall adjust its activities to perform functions such as litter and debris pick‐up, remove downed limbs, clear drains and other duties as deemed necessary by the CR(s).

3.13.3.1 During periods of excessive rainfall, the Contractor shall keep all area drains and draining facilities clear and operating and remove water from all tot‐ lot areas, if directed.

3.13.4 Failure to adjust the workforce to show satisfactory progress, as determined by Contractor and CR(s) jointly, on the work may result in a deduction of payments.

3.14 Emergency Numbers and Emergency Call‐Outs

3.14.1 Contractor shall supply the City with name(s) and phone number(s) of person(s) representing the Contractor for 24‐hour emergency response, seven (7) days per week.

3.14.1.1 The City will, in turn, provide Contractor its emergency contact information so that in the event Contractor must contact the CR(s), this information can be utilized.

3.14.2 Contractor shall have the capability to receive and to immediately respond to calls of an emergency nature during normal working hours and during hours outside of normal working hours (See Section 2.3.1.k). Contractor shall be available via voicemail, text, phone, or answering service. The aforementioned information shall remain current at all City Council 15 – 91 1/16/2024
times.

3.14.2.1 Contractor shall respond by phone within 30 minutes of a call from the CR(s), and shall be on site within 30 minutes of the call back. Any changes to contact information shall be forwarded to the City in writing within 12 hours of any such change.

3.14.2.2 3.14.2.3
In situations involving emergencies after normal work hours, Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour.

Calls of an emergency nature received by the City shall be referred to Contractor for immediate disposition.

3.14.3 If emergency work is required, the Contractor shall notify the CR(s) by telephone before any emergency work is commenced.

3.14.4 Contractor’s vehicle shall carry sufficient equipment to control traffic (barricades, delineators, cones, etc.).

3.14.5 When the Contractor arrives at the site, Contractor shall set up traffic warning and control devices and any other safety devices, if deemed necessary, and proceed with remedial action after contacting the CR(s).

3.14.7 Public health/safety matters requiring an emergency response include but are not limited to: any portion of the irrigation system functioning in a non‐operational manner, broken water mains, stuck valves, the threat to private property resulting from Contractor’s operations, fallen trees, down or hanging limbs, natural disasters, etc.

3.15 Contractor’s Staff
The contractor shall provide sufficient personnel to perform all work by the Specifications set forth herein and in Appendix A, B, C, and D. This is a performance‐based Contract.

3.15.1 In its proposal, the Contractor shall define the minimum staffing. It is up to the Contractor to complete all tasks as defined, regardless of staffing, but they shall maintain at least the minimum staffing, as stated in their proposal, at all times.

3.15.2 In its proposal, the Contractor shall list the names of all employees, titles, hours and which location/area each employee is assigned. DIR reporting sheets will be used to verify staffing levels by area.

3.15.2.1 Each crew of Contractor’s employees shall include at least one (1) individual who speaks and comprehends the English language at a professional level.

3.15.3 The City may, at any time, give Contractor notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of the City or public. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter, and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employee(s) will not be detrimental to the interest of the City or public. Examples of employee conduct or action that prove detrimental to the interest of the City of public include, but are not limited to:

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 Unprofessional behavior
 Misleading or false statements
 Misrepresentation of work accomplishments
 Illegal activities
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3.15.4 Contract‐designated staff employees shall not work on supplemental tasks (AEW) during regular work hours. If worked during regular hours, additional staff will be required, contracted work shall not experience any reduction in frequencies or quality.

3.15.5 Contractor shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and the public the name of the Contractor. The identification system shall be furnished at Contractor's expense and may include appropriate attire and name badges as specified by the City.

3.15.6 Contractor shall require each of its employees to adhere to basic standards of working attire, including full uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing.

3.15.6.1 Employee pants, shirts, jackets, and sweatshirts must be uniform. Shirts, jackets, and caps used as uniforms shall bear Contractor’s identification logo.

3.15.6.2 3.15.6.3
Shirts shall be worn at all times, and shall be buttoned and tucked‐in.

No caps with insignias or designs other than Contractor's logo may be worn, and no caps shall be worn backwards.

3.15.6.4 The City shall approve Contractor's uniform prior to the start of the Contract.

3.15.7 The City expects Contractor's staff to turn into CR(s) all items that have been lost or misplaced by the general public, regardless of perceived value. Contractor shall communicate this expectation to all employees. All items must be returned to the Tree Farm (7600 E. Spring Street, 90815) and have an accompanying landscape area ID and date.

3.16 Work and Workmanship
Contractor shall thoroughly complete each task in a professional and workmanlike manner, and shall use quality equipment and materials that comply with all current regulations to complete the scope of work at the proper standards. The safety of workers, passersby, and the public shall be paramount.

Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage ground cover, sports, or turf areas. During the periods when inclement weather hinders normal operations, Contractor shall adjust its work force and schedule. Contractor shall immediately notify the City when the work force has been removed from the job site due to inclement weather or other reasons. Supervision and Special Skills
The contractor shall assign a supervisor for the north, south, Civic Center, and Zoo districts, as proposed in the labor summary, who will be authorized to act on behalf of the Contractor and who will work regular working hours for the duration of this Contract. He/she shall have at least five (5) years of experience in landscape maintenance supervision. The contractor, and Contractor’s staff, must have horticultural expertise and a broad range of experience in plant care and maintenance, including California native and southwest-adapted plants, turf management, entomology, pest control, soils, fertilizers, plant identification, and irrigation system maintenance.

The contractor’s supervisor shall be capable of communicating effectively both in written and spoken English and have experience in park maintenance projects of the type found in the City of Santa Ana. All supervisors and acting supervisors shall be outfitted by Contractor with a portable personal communication device capable of transmitting and receiving phone calls from anywhere. The crew leader and/or supervisor needs to be available during working hours to meet the CR on any given issue at any service location. Should this individual change, the CR(s) must be notified in writing within five (5) days of the change.

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3.17 Management and Enforcement

3.17.1 The contractor has the responsibility of providing fully trained and qualified personnel.

The CR(s) at each site shall closely monitor the staff activity to detect operational irregularities and non‐compliance with contractual requirements.

3.17.1.1 3.17.1.2
Enforcement is the responsibility of the Contractor, not the City.

All specifications shall be managed by the Contractor to ensure the standards are being met.

3.17.2 It is Contractor's responsibility to see that the organization oversees all activities.

Furthermore, the Contractor must ensure that standards are met and do not delay, ignore, or otherwise limit its contractual obligations.

3.17.3 Before initiating any task, each site shall be inspected by a knowledgeable and responsible employee of the Contractor, who shall determine the practicality of initiating the operation. Upon the Contractor's determination of the impracticality of initiating the operation, the City shall be consulted. The City's decision shall be final.

3.18 Contact with Minors
The contractor providing services at any City location shall provide the City with a list of all persons over the age of eighteen (18) who will be working at such locations. State law provides that the Contractor shall fingerprint all such persons referred to herein and shall obtain criminal history information pursuant to California Penal Code 11105 or 13100 for each individual. Prior to the award of the Contract, Contractor shall provide written verification that all persons, as referred to herein, have not been convicted of any offense involving moral turpitude, nor any offense as specified in Penal Code 11105.3 (g), nor any offense relating to the type of services to be performed as determined by the City. Contractor shall pay the costs incurred with the fingerprinting and obtaining the criminal history information. Any misrepresentations with respect to Contractor’s obligations under this section or failure to comply with the requirements as stated herein shall constitute a breach of the contract thereby giving City the right to terminate the Contract immediately. Contractor shall indemnify the City for any such breach of this section.

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SECTION 3

EXECUTION OF WORK

4.1 Subcontracting
No performance of this Contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this Contract without said consent shall be null and void and shall constitute a default under this Contract. In the event of such a default, the City may immediately terminate this Contract.

In the event the City should consent to assignment or subcontracting, each term and condition of this Contract shall extend to and be binding upon and inure to the benefit of the assigns, successors or administrators of the respective parties.

In the event that the City should consent to subcontracting, the Contractor shall include in all subcontracts the following provision: “This Contract is a subcontract under the terms of a prime Contract with the City of Santa Ana.

All provisions of that prime Contract shall apply to this subcontract.” The Contractor shall indemnify, defend, and hold harmless the City and its employees from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees.

4.2 Contractor Hiring
The City encourages Contractor to create new jobs for low or moderate‐income persons and Santa Ana youth for its operations under this Contract. Contractor agrees that it shall use good faith efforts to create such new jobs. All qualification and hiring decisions will be made by Contractor.

The contractor agrees that it will reasonably cooperate with the City through the City of Santa Ana’s Training and Employment Development Officer and staff with respect to recruitment, screening and tracking of employees. In implementing these efforts, such Officer and staff will provide to Contractor, at no cost, pre‐screening and pre‐ qualification of all potential job applicants. Such services include assisting with community outreach to recruit qualified job applicants and conducting pre‐screening of all potential job applicants and conducting pre‐screening sessions to determine the most qualified applicants for jobs.

4.3 4.4
Notice Requirements (for purposes of non‐performance or otherwise) Notice shall be in writing, as a work order, and submitted via email to the Contractor and Director of PRM. Notice shall be given on the date shown on the email. Change of email address shall be given in the same manner as other notices.

Default by Contractor / Termination
Notwithstanding and in addition to payment deductions for Contractor's deficient performance described within Section 2.3.1 (e) of the RFP, the City may terminate this Contract without liability for damages when, in the City's sole opinion, the Contractor is not diligently performing or otherwise not complying in good faith with the Contract, has become insolvent, has assigned or subcontracted any part of the work without the consent of the City, or has otherwise defaulted in the performance of the Contract, and has not otherwise cured such default after a period of ten (10) days’ notice given by the City to do so.

Suppose a default situation occurs as a result of the Contractor’s non‐performance and/or non‐compliance to the specifications and requirements herein or any other work applicable under this Contract. In that case, Contractor City Council 15 – 96 1/16/2024
agrees that the City may withhold payment or partial payment of any and all invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract.

If the City terminates the Contract, the City will give notice to that effect to the Surety and Surety shall, within five (5) business days of delivery of the notice, assume control and perform the work as successor to the Contractor, and shall be paid by the City for all work performed.

If the Surety does not comply with such notice within said five (5) day period or, after starting to comply, fails to continue, the City may exclude the Surety and the Contractor from all City facilities and have the work completed by City employees, by another Contractor, or by a combination of such methods.

All costs incidental to the default of the Contractor shall be charged to the Contractor and the Surety, and may be deducted from any monies due the Contractor. Surety shall pay, within fifteen (15) calendar days of receipt of an invoice, all such incidental costs less any amount deducted from monies due.

4.5 4.6
Temporary Suspension of Work
The City Representative(s) (CR) shall have the authority to suspend work by the Contractor, wholly or in part for such period as necessary due to unsuitable work conditions, failure of Contractor to carry out directions, unsafe or hazardous conditions, or failure to perform in accordance with these provisions.

The Contractor shall request permission of the CR(s), during City business hours, to temporarily suspend work wholly or in part for such period as necessary due to unsuitable, unsafe, or hazardous work conditions or failure of the City to notify the Contractor of changes in locks, security codes or access to facilities being cleaned.

Damage Caused by Contractor
All damage to existing facilities caused by Contractor shall be repaired or replaced at Contractor's sole expense.

All such repairs or replacements shall be completed within the time limits specified by the City below:
a. Irrigation damage shall be repaired or replaced within one (1) watering cycle or 24 hours.
b. All damage to shrubs, trees, turf or ground cover shall be repaired or replaced within five (5) working days.
c. All damage to appurtenances shall be replaced within a period of 30 days.

All repairs or replacements shall be completed in accordance with the following maintenance practices:
a. Trees: All damage, including minor damage, such as bark lost from impact of mowing equipment or string trimmers, shall be subject to replacement with a tree comparable in species and size, as approved by the City, within 30 days. b. Shrubs/Ground Covers: All damage shall be subject to replacement with a shrub or plant comparable in species and size, as approved by the City, within 30 days. c. Appurtenances: All damage caused by Contractor to components of the facilities or grounds, including but not limited to benches, picnic tables, permanent chairs, irrigation heads, valves, valve boxes, controller boxes, concrete walks, railings, fencing, and gardens shall be corrected at Contractor’s expense, within 30 days.

4.7 Non‐Emergency Call‐Outs
Time and materials shall be charged for payment on a separate invoice and pre‐approved by the City, (i.e. trash pickup generated by special functions) for those items outside of the normal scope of work.

The time and material charges shall be in accordance with the submitted cost proposal.

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4.8 4.9
Work Not Included
Water and electrical billings, except in instances where excessive costs are incurred by the City due to water waste or negligence by Contractor, are not included in this Contract. If the Director of PRM, based upon all of the facts that may be gathered, determines that excessive water and/or utility costs have occurred due to Contractor’s work, the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs.

Signs / Improvements
Contractor shall not post signs or advertising matter on City property unless prior written approval therefore is obtained from the City.

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SECTION 4

ENVIRONMENTAL

REQUIREMENTS

5.1 Environmental Requirements

5.1.1 Contractor shall ensure that all personnel whose responsibilities involve cleaning, waste disposal, or landscaping are trained in Best Management Practices, as set forth in the City’s NPDES permit and Storm Water Management Plan.

5.1.2 In preparing its proposal, Contractor shall consider the following conditions pertaining to the completion of the specified maintenance tasks:
a. Contractor must conduct all operations in accordance with the City’s Storm Water Management Plan and State NPDES.
b. Appurtenances must be cleaned by a method(s) which does not result in runoff going into any water body, gutter or storm drains. Only potable water may flow into any water body, gutter or storm drains.
c. All wash water must be disposed of in a sanitary sewer. d. No litter, debris, oil, grease, green waste, or other materials and substances may be washed, swept, or blown into the street or storm drains. e. All liquids, including but not limited to, rinse water and cleaning agents, must be properly disposed of in compliance with all laws and regulations. No liquid or product of any kind may be discharged to a gutter, storm drain or paved surface where it could be carried to the storm drain system or to a water body. f. For washing operations, Contractor shall use (1) a high‐pressure/low‐volume sprayer using only potable water and no cleaning agents at an average use of .006 gallon of water per square feet of surface; or (2) a self‐contained power scrubber, which recaptures all wastewater, cleansers, and debris. All wastewater recaptured by a self‐contained power scrubber must be disposed of in a sanitary sewer approved by the City.

5.1.3 Contractor shall comply with the City’s recycling efforts and program. a. Contractor is required to recycle green waste, keeping it separate from trash and other debris.

5.1.4 Contractor shall have an Integrated Pest Management policy/program in effect.

5.2 Refuse Disposal

5.2.1 Unless directed otherwise, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City City Council 15 – 99 1/16/2024
finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service

5.2.2 The City will provide the refuse bins and pay the costs of the disposal, however, the contractor shall dispose of all trash, litter, and debris collected (i.e. refuse) by Contractor in the performance of the daily maintenance tasks including refuse collection, green waste, debris, litter, trash, emptying of trash cans, and litter control. The refuse collected by the Contractor in the performance of these tasks shall be transported to a proper disposal site by the Contractor.

5.2.3 No trash, litter, debris, or green waste shall be permitted to be dumped from sites not on this contract, If the contractor is found to abuse the refuse bins, the contractor will assume the responsibility to dispose of and pay for all refuse costs for the remaining terms of the contract.

5.2.4 The contractor shall maintain logs or invoices showing Santa Ana address identifying its refuse collection and disposal activities and make those logs or invoices available to the City for inspection on reasonable notice.

5.2.5 The contractor will not be required to sort recyclable materials from trash and other refuse collected by the Contractor. Recyclable `materials are the property of the City.

5.3 5.4
Hazardous Materials
Use of any chemicals or hazardous materials by the Contractor in performing services shall be subject to approval of the City and shall be used in accordance with the manufacturer's directions and specifications. Contractor shall store and dispose of chemicals or hazardous materials in accordance with all laws, rules and regulations on the subject. Contractor shall defend, indemnify and hold harmless the City and its officials and its employees for all claims, demands, damage, causes of action, loss, liability, cost or expense relating to the Contractor's failure to comply with this section.

Sound / Noise Control Requirements
Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, specifically Santa Ana Municipal Code 8.80 NOISE, that apply to any work performed pursuant to the Contract.

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

5.4.2 The Santa Ana City Council is considering a ban on all fuel‐powered leaf blowers.

Contractor will not receive additional compensation should such a ban be implemented prior to or after the award of the Contract.

5.4.3 Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be paid.

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SECTION 5

CHANGES TO THE

CONTRACT

6.1 6.2
City’s Right to do Work
The City reserves the right to do work as required within the Contract Areas. If such work affects Contractor’s work, the City will ask Contractor to submit costs incurred by Contractor as a result of the City’s work.

Changes in Service

6.2.1 Special Events
a. The areas contained in this Contract are frequently utilized for special events. Some of these special events (e.g., filming, carnivals, concerts, parades, etc.) will affect regular grounds maintenance operations for extended periods of time. In these instances, the City may request an alternative means of, or alternate schedules for, maintaining these areas. For example: mowing operations in some areas may not be possible due to a filming setup. In this instance, the City may request the Contractor to control the growth of weeds around the area in lieu of mowing, at no different or additional cost other than the amount proposed for mowing. b. Certain damage to turf, irrigation, and other landscaped areas may result from large special events. Contractor is not liable for the repair of such damage, but may be asked to perform said repair work as “Additional Work.” Prior to each large special event, the Contractor and the CR will jointly assess the conditions of the designated sites to establish a benchmark for any needed “Additional Work.”

6.2.2 Construction Activity & Maintenance Functions
a. In the event that construction activity prevents, or limits, Contractor from performing certain maintenance operations, the City, at its discretion, may remove, temporarily or permanently, the affected areas, or maintenance functions, from the Contract and the Contract price shall be reduced pro rata.

6.3 Special Requests
Contractor may be requested by the City to perform special tasks that are not included in the normally scheduled work (i.e. citizen requests, coordination with utility locations, or special work orders relative to City functions). It is intended that the Specifications are indicative of the work to be anticipated by Contractor and will allow for reasonable additional work which is considered normal maintenance at no additional cost to the City in order to meet the objectives and criteria.

6.3.1 Soil and Plant Testing
Upon request, Contractor shall perform soil or plant testing of selected areas for soil fertility, salt build‐up, pathological organisms, percolation tests, etc. Contractor may be required to pay costs of tests if negative results are related to incorrect maintenance practices. These tests will be used to determine whether additional treatments are required. Tests will be requested by the CR(s). Payment shall be in accordance with Unit Work Costs in the cost proposal.

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SECTION 6

CONTRACT ENFORCEMENT

AND EVALUATION

7.1 Contract Enforcement

7.1.1 The contractor or its authorized representative shall meet on the site, as needed, at the discretion and convenience of the City, with a CR to do a site inspection as it relates to determining compliance with the Contract Specifications, site challenges, and/or developing a scope of work. All scheduled and periodic maintenance functions shall have a current status and completion date prior to this meeting and be documented on the electronic monitoring and work order system. Contractor’s representative must be authorized to sign documents and make changes to the work.

7.1.2 The City reserves the right to perform inspections at any time to monitor performance.

The contractor shall cooperate with the City, State, and Federal representative(s) in the review and monitoring of the Contractor's performance, records and procedures (see Section 7.2).

7.1.3 At the request of the City, the Contractor or its appropriate representative shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract, and description of City policies and procedures.

7.1.4 In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action.

7.2 Performance Evaluation

7.2.1 City staff shall perform site inspections each day at undisclosed times and at various service areas to determine if scheduled tasks are performed as specified.

7.2.2 If the CR determines that any required services are deficiently performed, incompletely performed, or not performed at the appropriate time as specified by the City, the City will give notice to the Contractor via work order or email to correct the deficiency, complete the performance, or perform within a time stated in the notice. If Contractor fails to correct deficiencies within that time, the City may: (a) deduct $300 from Contractor's payment a sum attributable to the deficiency; or (b) upon giving five (5) days' notice to the Contractor for failure to correct the deficiencies, City may correct the deficiencies. The costs incurred by completion of the work by an alternate source, whether it be City forces or another contractor, will be deducted from the payment to the Contractor from the City, as determined by the City.

7.2.3 A sum of $300.00 will be deducted from the base payment amount for each deficiency per occurrence.

7.2.4 City staff will perform these site inspections utilizing the City’s contract performance management system on-site with portable electronic devices with a data connection.

These devices allow for performance deficiencies to be documented immediately while completing, which will send a notification immediately to the Contractor.

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CITY OF SANTA ANA

7.2.5 The action above shall not be construed as a penalty, but as an adjustment of payment to the Contractor to recover a portion of City costs due to the failure of the Contractor to complete or comply with the provisions of this Contract.

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EXHIBIT B

VARIOUS CITY SITE MAPS
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District 1 - 17th Street Triangle Park
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APPENDIX VI
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Jerome Bike Trail
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Santa Ana PAAL
Center
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EXHIBIT C

PRICING PROPOSALS/RATES
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