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08-1216_STEWART & ASSOCIATES_Personal Services AgreementPERSONAL SERVICES AGREEMENT T AGREEMENT is made, entered into, and shall become effective this 16-1yof K08% and between the City of San Juan Capistrano (hereinafter referred to as the "City") and E. Stewart & Associates, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide landscape maintenance for the City parks, parkways and medians, landscape maintenance districts, and miscellaneous facilities; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the City shall consist of those tasks as set forth in Exhibit' A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on November 23, 2008 and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2009. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $180,300.00 annually as set forth in Exhibit "B," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. 0 0 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 0 0 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in anyway connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive 3 0 0 boards, officers, agents, or employees. This hold harmless agreement shall apply to all 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 Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 4 0 P: 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Not Applicable. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. 61 Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Consultant: E. Stewart and Associates, Inc. 1000 Calle Negocio San Clemente, CA 92673 Attention: Edwin Stewart Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] M 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Dtr,..,x —C (1, . Dave Adams, City Manager E APPROVED AS TO FORM: "J&AWAk Omar S ndoval, City Atto bey . STEWART AND ASSOCIATES, INC. It _ Edwin Stewart 7 0 0 MAINTENANCE OF LANDSCAPING CITY PARKS, PARKWAYS & MEDIANS, FACILITIES and MAINTENANCE DISTRICTS DETAIL SPECIFICATIONS A. Turf Grass All lawn areas are to be mowed weekly and all borders neatly edged on the same day to maintain the height specified below. Trim around sprinkler heads as needed to provide maximum water coverage. Remove and dispose of all cuttings, recycle mowers will be considered at the discretion and approval of the Director of Public Works or his/her representative on a per location basis. All walkways, hardscape areas, etc. shall be swept clean immediately after serviced. 2. Mow to the following height: Bermuda — %" to 1 %" Bluegrass —1 %" to 2'/4" Sports Park — Y44" to 1 %" Reel Mowers shall be used exclusively on all Bermuda grass fields and infields. Therefore the following locations will require reel mowing: Stone Field, Acu Canyon Park, Cordova Soccer Fields 3&4, Marco Forster Fields 1 &2, Hausdorfer infield and infield apron and the Sports Park Little League infield and infield apron. Note: All trees in turf areas shall be sprayed with a selective herbicide a minimum of 6" from the trunk and not to exceed 12" to avoid damage to base areas of trees by mechanical means. Equipment Maintenance - Contractor shall provide routine blade sharpening and routine washing of mowers prior to cutting to prevent the spread of undesirable seed mixes. 3. Aerate twice a year during the months of February and August, Aerate all turf by removing a minimum core depth of 3" of sod with an aerator machine, at not more than 6" spacing. 4. Dethatch twice a year during the months of March and September. This shall be accomplished by using a "flail type" dethatching machine. 5. Fertilization a. Bluegrass and Fescue turfs shall be fertilized every 45 to 60 days, as EXHIBIT A needed, not to exceed 75 days, at the rate of one pound of actual nitrogen per 1000 SF. A 16-6-8 formula with trace elements is recommended, or a formula specified by the Director of Public Works or his/her representative. b. Bermuda grass turf shall be fertilized every 30 to 45 days, as needed, not to exceed 60 days, at the rate of one pound of actual nitrogen per 1000 SF. A 16-6-8 formula with trace elements is recommended, or a formula specified by the Director of Public Works or his/her representative. Fertilizer of an ammonia nitrate 15-0-0 formula shall be applied once during the months of March and December. c. Contractor shall provide City with a weekly log documenting all areas where fertilizer has been applied. Log shall show date, location, time, brand name, chemical analysis, rate of application and total quantity of fertilizer applied. **Note: All fertilizers shall be as noted, or a formula specified by the Director of Public Works or his/her representative. 6. All lawn areas will be programmed for reseeding during the month of October, as directed by the Director of Public Works or his/her representative. Grass seeds shall be an "Annual Rye" type or a type designated by the Director of Public Works or his/her representative and the costs for the materials shall be the responsibility of the Contractor. B. Sports Field Maintenance Inspection Checklist General: The following operations shall be implemented as part of the Contractors performance and reporting requirements. The Contractor shall schedule irrigation and landscape maintenance operations so that they will not interfere with sports field use or activities. Inspect the sports field or play area for areas where grade changes have occurred indicated by low spots that collect water on which turf fails to grow. All sports fields shall be kept at a level grade to provide a uniform height of turf grass. This will be accomplished by top dressing low areas with sports field sand: a. Particle size of the sand shall be 60% or more between U.S. standard sieve sizes 30 and 60. Less than 15% can be larger particles. Less than 10% can be clay and silt. An analysis shall accompany delivery. b. Sand with, the above specifications is available from California Silica i 0 Products Company (714) 728-0171. c. Depressions over V in depth shall be filled with weed free soil to an elevation 1" below the proposed grade. Finish grade will be made with the City specified sand: d. Use of another weed free topdressing with a wider range of particle sizes can only be approved by written acceptance of the Director of Public Works or his/her representative. 2. Inspect the sports field or play area for proper water drainage away from the playing surface. If proper drainage is not evident, irrigation management of the affected play area is critical to prevent landscape failure. Contact the Director of Public Works or his/her representative to develop a proper irrigation management strategy. 3. Inspect the sports field or play area for hazardous depressions or holes that may cause a player to trip. Those found should be filled as directed in item Al above. Stones and other debris that may interfere with play or cause injury must be removed by the Contractor. 4. Inspect the sports field play area to see that the soil absorbs irrigation and rain water rapidly enough to provide reasonably good footing on the surface of the field. If improvement is necessary the Contractor shall schedule aerification immediately. 5. Inspect the sports field or play area at regular intervals to insure that the turf surface is being irrigated evenly with proper coverage and adequate, but not excessive application. 6. Inspect the sports field or play area for the condition of the turf grass cover. Uniform thinning over the entire field shall be corrected with additional seeding. If thinning or bare spots occur in isolated areas, replanting shall be required in those areas. Maintenance General: The Contractor shall be responsible for providing all labor and materials necessary for the upkeep of the sports fields. (Ball field infield maintenance is excluded and is under separate contract) Since sports fields are high use facilities, maintenance operations must be performed during short breaks in athletic scheduling to accomplish the required turf care. The Contractor shall provide additional labor as required to accomplish these tasks. Special provisions for the sports field maintenance shall include but not be limited to, the following: 1. Aeration 0 0 a. Shall be scheduled to precede scheduled rejuvenation operations and prior to pre -emergent applications. b. Frequency shall be (4) times per year by removing a minimum core depth of 3" of sod with a maximum spacing between holes of 3"; to be accomplished by making three passes at right angles to one another. Cores shall be swept and removed of offsite to all Bermuda field locations (Sports Park, Marco Forester, Stone Field, Acu Canyon Park and Cordova Soccer Fields). 2. Sports Field Renovations a. An annual process accomplished by total rut filling and reseeding and/or sodding in thinning or bare areas.(Sodding not to exceed 20,000 S.F.) b. The Director of Public Works or his/her representative shall specify the seed and sod types and application rates or square footages. For estimating purposes Tall Fescue or Rebel II Tall Fescue applied at a rate of two pounds per 1000 square feet may be used. c. Top dressing of the entire athletic playing area shall be done on an annual basis. Contractor shall provide the topdressing machine and shall be responsible for all materials and labor for the application of up to ''/2" silica topdressing each year over the entire sports fields area. d. Verti-cut twice per year as specified by the Director of Public Works or his /her representative by using a vertical knife machine at all Bermuda grass locations (Sports Park, Marco Forester, Stone Field, Acu Canyon Park and Cordova Soccer Fields). 3. Irrigation a. Monitor controller stations and adjust irrigation schedules daily or as necessary. b. Check all sports fields daily with a soil probe to insure proper moisture and to eliminate over watering. c. Repairs to the irrigation system shall be completed within 12 hours of notification by the Director of Public Works or his/her representative. d. Check all irrigation systems weekly or more frequently if specified by the Director of Public Works or his/her representative. System checks shall be verified by the Contractor and recorded weekly. u e. Special watering requirements ie; field sodding/seeding operations, fertilization programs, etc. shall be monitored bythe Contractor daily. 4. Fertilization shall be applied as per Section A-4 a -c above. C. Spraying All Contractors are required to show verification of their permit issued by the County Agricultural Commission. D. Fertilizing Contractor will be responsible for providing all fertilizing material as designated by City specifications. All fertilizing will be performed under the City's supervision and only with prior City knowledge and approval of its application. E. Grasses and other Herbaceous plantings Ground Cover (grass, herbaceous plants): a. Fertilization: 1) Iceplant areas shall be fertilized when recommended by the Director of Public Works or his/her representative, with the rate of each application to be one pound of actual nitrogen per 1000 SF, using a 16-16-16 formula material, or a formula specified by the Director of Public Works or his/her representative. 2) Grass areas (alta fescue, etc.) shall be fertilized every 120 days with the rate of each application to be one pound of actual nitrogen per 1000 SF, using a 16-16-16 formula material, or a formula specified by the Director of Public Works or his/her representative. 3) Contractor shall provide City with a weekly log documenting all areas where fertilizer has been applied. Log shall show date, location, time; brand name, chemical analysis, rate of application and total quantity of fertilizer applied. b. Maintain a maximum allowable height of 24" on slope areas. The seed stems and heads shall be removed from the grass (alta fescue, etc.) before they go off color each year or as specified by the Director of Public Works or his /her representative. 0 0 C. Trim and/or edge to maintain all walkways, curbs, roadways, trails, etc... free of plant growth weekly. F. Shrub and Ground Cover Care Prune to maintain a reasonable size in a manner of a soft natural desirable appearance. No heading back or box shape hedging shall be allowed unless otherwise specified by the Director of Public Works or his/her representative Thin out and remove dead wood from all shrubs annually, or as specified by the Director of Public Works or his/her representative. 3. Ground cover areas should be fertilized every ninety (120) days with the rate of each application to be one pound of actual nitrogen per 1000 SF, using 16-16-16 formula material, or a formula specified by the Director of Public Works or his/her representative. a. Contractor shall provide City with a weekly log documenting all areas where fertilizer has been applied. log shall show date, location, time, brand name, chemical analysis, rate of application and total quantity of fertilizer applied. 4. Trim and/or edge to maintain all walkways, curbs, roadways, trails, etc ... free of plant growth weekly. 5. Trim and/or edge borders to clearly define interface from turf and ground covers biweekly. 6. Ground covers. shall be maintained to prevent any climbing or invading of trees, shrubs, walls, hardscape items, .utilities, etc... 7. Annual bedding plant areas shall be programmed for replacement for three times a year, as directed by the Director of Public Works or his/her representative. Replacement plants shall be a suitable type to provide the maximum amount of color (bloom) during the time they are in the bed areas. All of the applicable maintenance programs covered in this section shall apply to these annual bedding plant areas as well. The costs of these plants and associated materials shall be the responsibility of the Contractor. 0 0 G. Rose Care All Rose bed areas shall be mulched over with not less than 1" of weed free mulch twice yearly as specified by the Director of Public Works or his/her representative. H. Tree Care Stakes and ties will be placed so no chafing of bark occurs. Remove as soon as no longer needed. The costs of these associated materials shall be the responsibility of the Contractor. 2. All tree limbs must not be allowed to be less than (10) feet in height along all walkways or public use areas and (14) feet along any roadway unless otherwise specified by the Director of Public Works or his/her representative. 3. All guys and ties shall be checked frequently to avoid girdling. 4. Applications of an iron chelate fertilizer shall be used as needed throughout the year, where necessary to maintain healthy, vigorous growth and good foliage color. a. Contractor shall provide City with a weekly log documenting all areas where fertilizer has been applied. Log shall show date, location, time, brand name, chemical analysis, rate of application and total quantity of fertilizer applied. 5. All trees in turf areas should be sprayed with a selective herbicide a minimum of 6" from the trunk and not to exceed 12" to eliminate damage to base areas of trees by mechanical means. a. Contractor shall provide City with a weekly log documenting all areas where herbicides or pesticides have been applied. Log shall show date, location, time, brand name, type of product, rate of application, dilution rate, and quantity applied. 1. Irrigation System Repair or replacement of equipment damaged as a result of Contractor's negligence shall be replaced at the Contractor's expense as will the cost for any water loss during this time. 2. Damage not resulting from Contractor's negligence will be reported promptly to the Director of Public Works or his/her representative. 3. a. The Contractor shall maintain the complete sprinkler system in an operational condition. b. Repair and adjust all sprinkler heads to maintain proper coverage. c. Adjust water application to compensate for changes in weather. Contractor will be responsible for damages occurring due to under watering or over watering. d. All replacements to be with original type material or substitutes approved by the City Director of Public Works or his/her representative. e. Damage not resulting from Contractor's negligence but as an act of vandalism will be reported promptly to the City, together with an estimate of costs for correction of the condition. Payment will be based on actual costs of labor, plus wholesale cost of materials, plus a percentage of materials. f. All systems to be operationally checked a minimum of once a week. g. Irrigation of parks will be accomplished between the hours of 9:00 p.m. and 7:00 a.m., subject to change by the Director of Public Works or his/her representative. h. Contractor is required to be present during watering and/or inspection of the irrigation system daily to assure that there are no problems with the system. J. Weed Control of Paved Surfaces Contractor shall be responsible for controlling weeds growing in cracks, or expansion joints, and areas contiguous to the City landscape by way of mechanical and/or chemical means. K. Guarantee_and/or Replacement Policv All new plant material and irrigation installations shall be guaranteed for a period of one calendar year except due to "Acts of God," i.e., damage or death of plant material due to wind or storm, or vandalism, theft, or other willful acts over which the maintenance contractor has no control. Existing plants shall be replaced by Contractor if it is determined by the Director of Public Works or his/her representative that they died due to Contractor's negligence. L. Tot Lots M. N. All tot lot areas shall be raked to remove leaves, leveled, kept free of any other foreign debris and adjacent walkways, etc... swept daily. 2. All play and sports equipment shall be inspected for vandalism, safety hazards, and serviceability weekly. Deficiencies shall be reported in writing immediately to the Director of Public Works or his/her representative. Sand / Wood Chia Areas These areas shall include tot lots, play areas, volleyball courts, etc... 2. All areas shall be maintained weed free. 3.. By the 10th of each month, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rorotilling, ail areas shall be raked level. 4. Sand/wood chip areas shall be replenished as necessary to maintain optimum level in each area, generally six (6) inches below the top of the concrete curbing but dependent upon play equipment footing and final level shall be specified by the Director of Public Works or his/her representative for each area. Replacement sand shall be at least equivalent to #25 sieve Silica sand (standard designation of rock product suppliers to denote a type and cleanliness of sand) or the same as existing sand. Replacement wood chips shall be inspected prior to installation for its compatibility. The Director of Public Works or his/her representative will make the final determination. 5. On Monday and Friday of each week, all sand/wood chip areas shall be raked to remove leaves, leveled, kept free of any other foreign debris and adjacent walkways, etc swept. 6. In.the event of inclement weather, if at any time the sand court areas become flooded and there is standing water, it will be the Contractor's responsibility to remove water immediately. Hard Surface Areas These areas shall include concrete sidewalks, tennis courts, handball courts, basketball courts, bicycle trails, AC walkways, etc... 2. All areas shall be swept weekly to remove all deposits of silt, sand, glass and any other foreign debris. 3. All areas shall be inspected daily and maintained in a neat, clean and safe • 0 condition at all times. Cracks and crevices shall be kept free of weeds at all times. O. 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 the Contractor's expense. P. Library Facilities Fountain and reflecting pool are to be maintained and kept clean and free of debris and leaves. Actual maintenance of chemical levels and pool equipment shall not be part of this contract. Q. General Operations All drinking fountains shall be kept clean and operational at ail times. a.. Minor repairs, to include but not limited to unclogging drains and replacing damaged or broken parts. Payment will be based on actual cost of labor, plus wholesale cost of materials. b. All repairs shall be completed within twenty-four (24) hours after damage occurs. C. Every instance of damage shall be reported to the Director of Public Works or his/her representative prior to repairs being completed for approval. d. Should damage be repetitive, the Director of Public Works or his/her representative will evaluate replacement with a more damage resistant model through extra work or separate action. 2. All walkways or other public access areas within shall be swept or cleaned daily, if necessary, to remove any glass or other debris. In addition, all walkways', or other public access areas shall be thoroughly cleaned every week by sweeping or other means approved by the Director of Public Works or his/her representative. 3. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required by the Director of Public Works or his/her representative. 4. All leaves, paper, and debris shall be removed from landscaped areas and disposed of offsite weekly or as specified by the Director of Public Works or his/her representative. 5. Trash cans provided by the City shall be emptied daily and washed after emptying (when necessary) to be determined bythe Director of Public Works or his/her representative. Contractor shall provide plastic liners for all trash cans at Contractor's expense. All concrete bench drains and other surface drains to include the portion under a sidewalk shall be kept free of vegetation, debris and algae to allow unrestricted water flow. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to the Director of Public Works or his/her representative. 8. All barbecue grills shall be emptied of all ashes once during regular workweek. 9. All security area lighting shall be inspected weekly; any damaged or malfunctioning equipment shall be reported to the Director of Public Works or his/her representative immediately. 10. Clean all park benches, picnic tables and play equipment weekly. Sanitation and frequency may vary with use and as specified by the Director of Public Works or his/her representative. R. Common Seating Areas Sweep, clean and remove debris a minimum of once a week or as determined by the Director of Public Works or his/her representative. 2. Inspect and check all benches and equipment for vandalism and safety hazards; and report damage to the Director of Public Works or his/her representative. 3. Maintain concrete areas by sweeping sand and base materials a minimum of once a week. 4. Immediately remove all broken glass and any sharp objects. S. Restrooms As required, restroom facilities will be maintained by others. T. General Vegetation shall not overhang a walkway at less than ten (10) feet in height or a roadway at less than 14 feet in height. 2. All operations will be conducted so as to provide maximum safety for the public. 3. Where contract work may create potential or know hazards on streets or roads and to persons traversing them, Contractor shall obtain at his own expense and place whatever signs, lights, barricades, cones or other safety devices are necessary to prevent accidents, injuries or damages, consistent with the Work Area Traffic Control Handbook (W.A.T.C.H. Manual) and with all other applicable ordinances and statutes. 'When working, orange vests shall be worn at all times. 4. Leaves, paper, weeds and otherforeign debriswill be removed a minimum of once per week as determined by the Director of Public Works or his/her representative from landscaped areas and disposed of off-site. Trash cans provided by the City will be emptied and washed out after emptying. 5. Contractor will clean sidewalks, roadways, and any other areas dirtied by his maintenance operations, prior to leaving the subject location. 6. Contractor will report to City any malfunction of the lighting system in any City maintained area. 7. Notification of all "specialty type" maintenance operations shall be given to the Director of Public Works or his/her representative 48 hours prior to each of these operations by the Contractor. "Special type" maintenance operations are defined as fertilization, turf aerification, turf dethatching, and annual type bedding plant replacements. 8. Contractor is required as part of this agreement to furnish all materials necessary to accomplish maintenance in accordance with the foregoing specifications. Contractor is further required to stock high usage items for repair of irrigation systems. Contractor will be reimbursed the wholesale cost of such materials and parts upon presentation of properly itemized invoices. Any other types of materials required to be furnished will be considered as extra work (see General Provisions, Extra Work). 9. Contractor shall be required to maintain an office in Orange County and provide a telephone service during normal working hours. Contractor shall provide an email address available for correspondence between the City and the Contractor which shall be monitored and responded to by the Contractor on a daily basis if necessary. The area Supervisor shall always be available to the City via cell phone. Contractor is further required to provide City with an emergency number for contact outside the normal working hours. 10. Contractor shall be required to provide uniforms and name badges for all field personnel. 11. Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. 12. Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. 13. Contractor shall not block bike trail with equipment or materials during or after his maintenance operations. 14. Remove from park and parkways daily any and all animal feces or materials detrimental to human health. 15. Contractor shall submit a work schedule identifying the number of persons working in the area and the anticipated hours of work for each week. 16. Contractor shall be required to provide safety vests for all field personnel working near any City median, parkway or street in accordance with the W.A.T.C.H. Manual. 17. Work performed under this contract shall conform to the permit requirements of the San Diego Regional Water Quality Control Board, the Drainage Area Management Plan ("DAMP"), and the Model Maintenance Procedures and must be performed as described within all applicable Model Maintenance Procedures. A copy of the Model Maintenance Procedures - Best Management Practices are attached for the contractors information. The Contractor shall fully understand the Model Maintenance Procedures applicable to activities that are being conducted under this Contract prior to conducting them and maintain copies of the Model Maintenance Procedures throughout the Contract duration. Evaluation, of activities subject to DAMP requirements performed under this Contract will be conducted to verify compliance with DAMP requirements and may be required through Contractor self-evaluation as determined by the City. 0 0 PARK SITES Acu Canyon Park - 4.7 acres; located at Camino Las Ramblas and Avenida Pescador; automatic irrigation controls, grass, trees, playground equipment, drinking fountain, slopes, stairways. 2. Acre Park - .2 acres; northwest corner of Del Obispo Street and Alipaz Street; automatic irrigation, grass, trees. 3. Arroyo Park - 3.6 acres; bordered by Via Parra on the east, Sundance Road on the west; automatic irrigation, grass, trees, equestrian trail. 4. Bonita Park -.6 acres; west side of Via Del Rey, across from Via Loredo; automatic irrigation controls, grass, trees, playground equipment. 5. Cook Park - Del Camoo - Calle Arroyo and Del Campo; 1.5 acres of grass; row of mature trees; automatic irrigation, playground equipment, picnic area. Cook Park - Cordova - 9 acres; east side of Calle Arroyo between Via Entradero and Via Solana adjacent to San Juan Creek; automatic irrigation controls, grass, three baseball diamonds, trees, adjacent parking lot (City will maintain restrooms), drinking fountain, fire pits, shrubs, parking lot, bike trail, 4 soccer fields; 2 permanent, 2 overlay.. Cook Park - La Novia - 6.5 acres; east side of Calle Arroyo between La Novia Avenue and Paseo Tirador adjacent to San Juan Creek; automatic irrigation controls, grass, trees, basketball courts, picnic areas, fire pits, playground equipment, (1) baseball diamond (City will maintain restrooms) shrubs, drinking fountain, bike trail. S. De La Vista Park - 23,450 SF of turf and trees; automatic irrigation, picnic area. 9. Descanso Park - 1.0 acres at the confluence of Trabuco and San Juan Creeks; automatic irrigation controls (City will maintain restrooms), grass, trees, playground equipment, picnic area, fire pits, drinking fountain, horseshoe pits, equestrian corral, bike trail. 10. EI Camino Real Park - 4.5 acres located on Camino Capistrano from La Zanja to Calle Chueca; automatic irrigation (City will maintain restrooms), picnic areas, drinking fountain, bike trail. 11. Four Oaks Park - 2.54 acres; east side of Via Madonna between Calle Santa Ynez and Via Del Cerro; automatic irrigation, grass, trees, picnic area, playground equipment, drinking fountain, turf court area. 12. Historic Town Center Park - 2.25 acres; east side of EI Camino Real @ Yorba Street; automatic irrigation, grass, shrubs, trees, picnic area, drinking fountain, pathway lighting. 13: Junipero Serra Park - 3.75 acres located at Calle Santa Rosalia and Calle Bonita; automatic irrigation, trees, shrubs, grass, playground equipment, drinking fountain. 14. LaRonda Park - End of Camino LaRonda; automatic irrigation, turf, trees, playground equipment, access roads. 15. Lucana (Good Neighbors) Park — Lucana @ Alipaz 6,500 SF of turf, 4,000 SF of trees, xeriscape shrubs, ground cover and wild flower mix; automatic irrigation, park benches. 16. Marco Forster Sports Fields —11 Acres; Del Obispo north of Del Avion; turf, slope ground cover, trees, running track, automatic irrigation. 17. Veterans Park - .3 acres located at Yorba and Camino Capistrano; grass, ground cover, trees, shrubs, automatic irrigation, park benches, concrete pathways 18. Mission Bell Park - 2.8 acres; west side ofAlipaz Street, north of Calle Jardin; trees, grass, automatic sprinkler system, playground equipment. 19. Rio Oso Park - .8 acres; west side of Avenida de la Vista adjacent to Oso Road; automatic irrigation, grass, shrubbery, picnic area. 20. San Juan Creek Neighborhood Park — 1.5 Acres; San Juan Creek Road @ Lacouague; automatic irrigation, play equipment, turf, shrubs, trees, pathways, parking lot. 21. San Juan Sports Park — 18 Acres; Via Positiva north of Del Avion; turf, trees, shrubs, hardscape, drinking fountains, benches, (City will maintain restrooms) 3 baseball fields, 1 softball field, 4 soccer fields; 2 permanent, 2 overlay automatic irrigation. 22. Stone Field — 2 Acres; Camino Capistrano @ La Zanja; turf, trees, shrubs, automatic irrigation, hardscape, (City will maintain restrooms). PARKWAY AREAS Del Obispo Street, easterly side from southerly City limits to Blue Fin Drive; Blue Fin Drive on southerly side to Via La Pluma; trees and ground cover; automatic irriga- tion. 2. Camino Del Avion, each side, easterly from Del Obispo; water truck for trees, weed control. 3. Calle Aspero, each side from Del Obispo Street to Calle Ricardo; water truck for trees, weed control. 4. East side of Aguacate Road at Estelita to northerly end of street; trees and ground cover; manually controlled irrigation system; also water truck required. 5. Del Obispo Street atTerraza; trees and ground cover; manually controlled irrigation system. Del Obispo, north side from Paseo Terraza easterly to Via Belardes; trees (water truck required), weed control. Del Obispo Street, north side from Trabuco Creek bridge to Camino Capistrano; trees, weed control. 7. Del Obispo Street, traffic island between Camino Capistrano and the railroad; trees, ground cover (automatic irrigation system). 8. Camino Capistrano, freeway side from San Juan Creek Road southerly 1500; trees, weed control; manual irrigation. 9. South side of San Juan Creek Road between Camino Santo Domingo and 1,335' easterly; trees (water truck required), weed control. 10. Via Crystal at Ortega Highway; trees. Ortega Highway at Via Crystal; trees, ground cover, automatic irrigation. 11. Calle Arroyo, south side of street starting 100' east of Via Cordova and extending to the end of Tract 3126 Boundary; trees, shrubs, ground cover, automatic irrigation system. 12. Avenida Siega, northeast side from Calle Arroyo to Ortega; equestrian trail, vines, grass, shrubs, trees, automatic irrigation system. 13. Camino Capistrano, north side from Avenida Padre to Avenida Golondrina; trees, shrubs and ground cover; automatic irrigation system; weed control. 14. Camino Capistrano, traffic island between Del Obispo Street and Avenida Golondrina; trees, shrubs and ground cover; automatic irrigation system; weed control. 15. Del Obispo Street, traffic island from Camino Capistrano to 220' easterly; trees, shrubs and ground cover; automatic irrigation system; weed control. 16. The northeast corner of Del Obispo Street and Camino Capistrano, extending 200' easterly from the corner; trees, shrubs and lilies, automatic irrigation system. 17. Ortega Property Parkways - 2.5 acres, twenty-five feet from curb around the perimeter and internal roads, within Ortega Properties development. Automatic irrigation controls; grass, trees and shrubs. 18. Desilting Basins and Fitness Trail - 12.5 acres; requires maintenance of weeds, overgrown foliage and erosion control. 19. The west side of Camino Las Ramblas from Avenida Pescador to Kinkerry Lane; automatic irrigation system; ground cover and trees (191). 20. Southwest corner of Alipaz Street and Del Obispo Street - 2800 SF; trees, shrubs, ground cover with manual irrigation, weed control. 21. Ortega Highway and Sundance Drive (Sunhollow Tract); 6720 SF of equestrian trails; 3350 SF of shrubs and ground cover; 1560 SF of grass and trees with automatic irrigation, weed control. 22. Rancho Viejo Road -1.07 acres of trees and grass 10 feet from curb in parkways, with shrubs and ground cover in medians; automatic irrigation, weed control, trees. 23. Camino La Ronda - Approximately 54,000 SF, including easterly terminus in Tract 9373 (Los Corrales) and flood control channel running from this point downstream to channel, fencing; automatic irrigation, trees, shrubs. 24. Rancho Viejo Road/Endevco -14,253 SF including medians and westerly parkway from Malaspina Road south to gated entrance. Trees, irrigation may require water truck, shrubs, ground cover, weed control, automatic irrigation on medians. 25. Northwest corner of Calle Aspero and Calle Ricardo - approximately 400 SF, including front of Tract sign and Pepper trees adjacent to and north of Calle Aspero; weed control and water truck required. 26. Del Obispo Street and Camino Del Avion, trees, shrubs and ground cover, automatic irrigation. 27. Del Obispo Street (in front of Fanner to Market south side), trees, shrubs, ground cover, and automatic irrigation. 28. Costco on Camino Capistrano from end of City limits to north end of property, 3 medians, trees and shrubs, automatic irrigation. 29. Paseo Adelanto - Shrubs, trees and ground cover. 30. Mission Hills Drive - 18,300 SF median, turf and trees; automatic irrigation. 31. SW Corner of Paseo Adelanto and Del Obispo - 950 SF of turf and ground cover; automatic irrigation. 32. West side of railroad tracks from Del Obispo to Verdugo Street; again from Ramos Street to Mission Street - Native trees, shrubs and ground cover; manual irrigation. 33. Valle Road - West side of Valle Road at sound wall; trees, shrubs, ground cover, vines, automatic irrigation. 34. Kinoshita Well Site - Corner of Alipaz and Camino Del Avion; shrubs, weed control, water truck irrigation. 35. Weather Station/Kinoshita Farm Site - Turf, weed control, automatic irrigation. 36. Downtown Tree Wells - Ortega Highway and EI Camino Real; trees, water truck irrigation, weed control. 37. Ortega Highway Q Walnut Grove/Slope Area - Weed control, trees, shrubs, ground cover. 38. San Juan Creek Median - San Juan Creek Road east of La Mancha center median to end of roadway; native trees, shrubs, ground cover, weed control, water truck irrigation. 39. Los Rios Entry/East side of Los Rios Street between railroad tracks, adjacent to loading, platform; native trees, shrubs, ground cover, automatic irrigation. 40. Rancho Viejo Road — 160,000 S.F., Junipero Serra to North City limits; trees, shrubs, groundcover, slopes, automatic irrigation. 41. Ortega Highway — At Rancho Viejo Road; trees, groundcover, shrubs, automatic irrigation. 42. Las Rambles Equestrian Staging — End of Las Ramblas, shrubs, trees, groundcover, automatic irrigation. 43. Rancho Viejo Road @ Golf Club Drive — trees, shrubs, groundcover, automatic irrigation. 44. San Juan Creek Road @ Plant Depot—trees, shrubs, automatic irrigation. 45. La Novia @ Valle Road — Southeast corner; shrubs, trees groundcover, water truck required. 48. Calle Arroyo East of Estenaga — shrubs, trees, groundcover, automatic irrigation. 47. Ortega Highway La Novia to Windsong —turf, trees, automatic irrigation. 48. Del Obispo @ Marco Forster — trees, groundcover, water truck required. 49. Calle Arroyo E. of Sundance — trees shrubs, turf, automatic irrigation. 50. Del Obispo @ Flood Control Channel - East side of Del Obispo @ Flood Control Gate; trees, shrubs, vines, ground cover. CITY FACILITIES 1. City Hall Parking Lot - landscaped planters and medians in front and rear lots; the Dance Hall and areas around the Public Works Administrative Building and Ground Water Recovery Plant. Trees, ground cover, turf, shrubs, automatic irrigation. 2. Community Center/Gymnasium — landscaped planters and medians in front and side parking lots, plantings in front of Gym, near Community Center entry and rear fence and patios, Boys and Girls Club entry, frontage road plantings. Trees, shrubs, ground cover, turf, automatic irrigation. 3. San Juan Library, La Sala — landscaped planters and medians in adjacent parking lot and lot across El Camino Real. Landscaping and plantings surrounding building. Landscaping and cleanup in courtyard/reflecting pool area. Trees, shrubs, turf, automatic irrigation. 4. Lacouage Building — Landscaping surrounding structure. Parking lot planters and medians. Trees, shrubs,. turf, automatic irrigation. 5. Nydegger Building — Landscaping surrounding structure. Trees, shrubs, turf, manual irrigation. 6. T.J. Meadows Building — Landscaping surrounding structure. Parking lot planters. Trees, shrubs, turf, automatic irrigation. 7. Montanez Adobe — Landscaping surrounding structure. Trees, shrubs, turf, manual irrigation. 8. Multimodal Lot — Parking lot planters and medians. Slope plantings. Trees, shrubs, turf, automatic irrigation, seating areas. 9. Texaco Lot - Parking lot planters and medians. Trees, shrubs, automatic irrigation. 10. Love Mitchell Lot = Parking lot planters and medians. Trees, shrubs, ground cover, manual irrigation. 11. Richardo Reservior— Planting surrounding reservoir. Trees, shrubs, ground cover, automatic irrigation. 12. Para Adobe/ Harrison House — Plantings surrounding structures. Trees, shrubs, ground cover, automatic irrigation. 13. Blas Aguilar Adobe — Plantings surrounding structure. Native plantings. Trees, shrubs, ground cover. 14. Mission Hills Pump — Plantings surrounding structure. Trees, shrubs ground cover, automatic irrigation. 15. Railroad Platform/ Los Rios Entry — Pots and planters on Platform. Native plantings in entry plaza. Trees, shrubs, ground cover, automatic irrigation, picnic and public seating areas. LANDSCAPE MAINTENANCE DISTRICTS 1. Belford Terrace - 3.868 Acres; Ortega Highway right-of-way, exclusive of the street section to the northerly curb, along the southerly boundary of said tract. The slope area along the northerly right-of-way for Ortega Highway, lying southerly of the block wall, being a portion of Lots 1 through 8, inclusive of said tract. The slope area along the easterly right-of-way of Belford Terrace, including the portion of said right-of-way easterly of the 5 foot wide sidewalk, bounded on the south by Ortega Highway and bounded on the north by Rosedale Drive, being a portion of Lot 1 of said tract. The southerly 10 feet of the 56 foot wide right-of-way of Rosedale Drive, bounded on the west by Belford Terrace, and bounded on the east by a line parallel with and distant 65 feet form the centerline of Belford Terrace. The remanufactured slopes lying within Lots 62, 63, and 64 of said tract, excepting there from the portion of the remanufactured slope within Lot 62 lying southwesterly of the southwesterly line of the 150 foot wide easement to San Diego Gas and Electric Company, as shown on the map of said tract. Trees, shrubs, ground cover, turf, slopes and equestrian trails; automatic irrigation. 2. Capistrano Royale (Tract 11094) - 1.4 acres; West side of Rancho Viejo Roadsouth side of Highland Drive, including center median to Royale Drive, including south side perimeter of tract. Trees, shrubs, ground cover and equestrian trail; automatic irrigation. 3. Los Corrales (Tract 9373/7654) - 33,000 Square Feet; All of Lot A of said Tract 7654 and the southeast corner of Camino La Ronda and La Novia Avenue. Trees, shrubs, ground cover and turf; automatic irrigation. 4. Mission Woods (Tract 7673) - .828 Acres; The Ortega Highway right-of-way, exclusive of the street section to the southerly curb; along the northerly boundary of said tract, and the area lying northerly of the curved walls at the intersection of Ortega Highway and Via Cuartel, being a portion of Lots 1 and 79 of said tract. Lot C of Said Tract - The westerly two feet, lying northerly of Lot B, of said tract, being a portion of Lots 71 and 72 of said tract. The slope area along the westerly boundary, lying southerly of Lot B, and 0 westerly of the block wall, being a portion of Lots 44 through 52 inclusive, of said tract. The slope area along the northerly right-of-way of Calle Arroyo, exclusive of street intersections, lying southerly of the block wall, being a portion of Lots 32, 43,44 and 61 of said tract. Trees, shrubs, ground cover and turf; automatic irrigation. 5. Mission Springs (Tract 8485) - .802 Acres; The Ortega Highway right-of-way, exclusive of the street section to the southerly curb, along the northerly boundary of said tract, and at the area lying northerly of the curved walls at the intersection of Ortega Highway and Via Errecarte, including that area extending from the intersection of Via Anzar and Via Errecarte to the block wall entrance, being a portion of Lots 1 and 74 of said tract. The slope area along the northerly right-of-way of Calle Arroyo, including the portion of said right-of-way of the 5 foot wide sidewalk, including the northeast side of Via Estenaga extending from the intersection of Via Estenaga and Calle Arroyo to the intersection of Via Estenaga and Via Ordaz, being a portion of Lots 12 through 24, inclusive, a portion of Lot 54, of said tract. The slope area along the westerly right-of-way of Avenida Siega, including the portion of said right-of-way lying westerly of the 5 foot wide sidewalk, being a portion of Lots 10 through 12, inclusive, of said tract. Trees, shrubs, ground cover and turf; automatic irrigation. 6. Seaview Estates (Tract 9284) - 2.350 Acres; The remanufactured slopes within Lots 1, 6, 7, 8, 9 and 22.of said tract, and the remanufactured slope along the easterly right-of-way for Paseo Peregrino lying easterly of the angle point in the centerline of said Paseo Peregrino, being a portion of Lot 16 of said tract. Trees, shrubs, slopes and ground cover; automatic irrigation. The model procedures described below focus on minimizing the discharge of pesticides and fertilizers, landscape waste, trash, debris, and other pollutants to the storm drain system and receiving waters. The attached BMPs are recommended to be used on an as needed and on a case by case basis. Some BMP might not apply in certain situations and will not be used. The provided BMPs are potential measures that could be used, Individually or collectively, as the situation requires, and as determined by staff. Landscape maintenance practices may involve one or more of the following activities: 1. Mowing, TrimminglWeeding, and Planting 2.. Irrigation 8. Fertilizer and Pesticide Management 4. Managing Landscape Waste 5. Erosion Control POLLUTION PREVENTION: Pollution prevention measures have been considered and incorporated in the model procedures. Implementation of these measuress may be more effective and reduce or eliminate the need to implement other more complicated or costly procedures. Possible pollution prevention measures for landscape maintenance include: Implement an integrated pest management (IPM) program. IPM is a sustainable approach to managing pests by combining biological, cultural, physical, and chemical tools. Refer to Appendix D, Fertilizer and Pesticide Management Guidance for further details. ® ®d, J IInNNNI 61 City of San Juan Capistrano 1%%(1 •�LIFpR��e' FP -2 LANDSCAPE MAINTENANCE The model procedures described below focus on minimizing the discharge of pesticides and fertilizers, landscape waste, trash, debris, and other pollutants to the storm drain system and receiving waters. The attached BMPs are recommended to be used on an as needed and on a case by case basis. Some BMP might not apply in certain situations and will not be used. The provided BMPs are potential measures that could be used, Individually or collectively, as the situation requires, and as determined by staff. Landscape maintenance practices may involve one or more of the following activities: 1. Mowing, TrimminglWeeding, and Planting 2.. Irrigation 8. Fertilizer and Pesticide Management 4. Managing Landscape Waste 5. Erosion Control POLLUTION PREVENTION: Pollution prevention measures have been considered and incorporated in the model procedures. Implementation of these measuress may be more effective and reduce or eliminate the need to implement other more complicated or costly procedures. Possible pollution prevention measures for landscape maintenance include: Implement an integrated pest management (IPM) program. IPM is a sustainable approach to managing pests by combining biological, cultural, physical, and chemical tools. Refer to Appendix D, Fertilizer and Pesticide Management Guidance for further details. • Choose low water using flowers, trees, shrubs, and groundcover. Appropriate maintenance (i.e. properly timed fertilizing, weeding, pest control, and pruning) will preserve the landscapes water efficiency. Once per year, educate municipal staff on pollution prevention measures. MODEL PROCEDURES: 1. Mowing, Trimming/Weeding, and Planting Mowing, ✓ Whenever possible, use mechanical methods of vegetation removal rather Trfmming/weeding than applying herbicides. Use hand weeding where practical. ✓ When conducting mechanical or manual weed control, avoid loosening the soil, which could erode into streams or storm drains. ✓ Use coarse textured mulches or geotextiles to suppress weed growth and reduce the use of herbicides. ✓ Do not blow or rake leaves, etc. into the street or place yard waste in gutters or on dirt shoulders. Sweep up any leaves, litter or residue in gutters or on street. ✓ Collect lawn and garden clippings, pruning waste, tree trimmings, and weeds. Chip if necessary, and compost or dispose of at a landfill (see waste management section of this procedure sheet). ✓ Place temporarily stockpiled material away from watercourses, and berm or cover stockpiles to prevent material releases to storm drains. Planting ✓ Where feasible, retain and/or plant selected native vegetation whose features are determined to be beneficial. Native vegetation usually requires less maintenance (e.g., irrigation, fertilizer) than planting ornamental vegetation. ✓.When planting or replanting consider using low water use groundcovers. 2. Irrigation ✓ Utilize water delivery rates that do not exceed the infiltration rate of the soil. ✓ Use timers appropriately to prevent runoff and then only irrigate as much as is needed. ✓ Inspect irrigation system periodically to ensure that the right amount of water is being applied and that excessive runoff is not occurring. Minimize excess watering, and repair leaks in the irrigation system as soon as they are observed. ✓ Where practical, use automatic timers to minimize runoff. Use popup sprinkler heads in areas with a lot of activity or where there is a chance the pipes may be broken. Consider the use of mechanisms that reduce water flow to sprinkler heads if broken. ✓.If re-claimed water is used for irrigation, ensure that there is no runoff from the landscaped area(s). ✓ If bailing of muddy water is required (e.g. when repairing a water line leak), do not put it in the storm drain; pour over landscaped areas. ✓ The City uses an automatic irrigation system connected to a weather station to control the irrigation system to all parks. This system controls the amount of water used, shuts down during rain events, and identifies and shuts down broken sprinkler heads, and provides a warning message for repair. This system helps the City conserve water and reduces unnecessary runoff. 3. Fertilizer and Pesticide Management Usage ✓ Utilize a comprehensive management system that incorporates integrated pest management techniques. ✓ Follow all federal, state, and local laws and regulations governing the use, storage, and disposal of fertilizers and pesticides and training of applicators and pest control advisors. ✓ Educate and train employees on use of pesticides and in pesticide application techniques to prevent pollution. ✓ Pesticide application must be under the supervision of a California qualified pesticide applicator. ✓ When applicable use the least toxic pesticides that will do the job. Avoid use of copper -based pesticides if possible. ✓ Do not mix or prepare pesticides or fertilizers for application near storm drains. ✓ Prepare the minimum amount of pesticide needed for the job and use the lowest rate that will effectively control the pest. ✓ Employ techniques to minimize off -target application (e.g. spray drift) of pesticides, including consideration of alternative application techniques. ✓ Calibrate fertilizer and pesticide application equipment to avoid excessive application. ✓ The City has tested the soil at various locations, and has identified proper fertilizer use. As necessary, the City will Periodically test soils for determining proper fertilizer use if the need is identified. ✓ Sweep pavement and sidewalk if fertilizer is spilled on these surfaces before applying irrigation water. ✓ Inspect pesticidelfertilizer equipment and transportation vehicles daily. ✓ Refer to Appendix D for further guidance on Fertilizer and Pesticide management Scheduling ✓ Do not use pesticides if rain is expected within 24 hours. ✓ Apply' pesticides only when wind speeds are low (less than 5 mph). Disposal ✓ Purchase only the amount of pesticide that you can reasonably use in a given time period (month or year depending on the product). ✓ Triple rinse containers, and use rinse water as product. Dispose of unused pesticide as hazardous waste. ✓ Dispose of empty pesticide containers according to the instructions on the container label. 4. Managing Landscape Waste ✓ Compost leaves, sticks, or other collected vegetation or dispose of at a permitted landfill. Do not dispose of collected vegetation Into waterways or storm drainage systems. Also see Waste Handling ✓ Place temporarily stockpiled material away from watercourses and storm and Disposaf procedure drain inlets, and berm or cover stockpiles to prevent material releases to the sheet storm drain system. ✓ Reduce the use of high nitrogen fertilizers that produce excess growth requiring more frequent mowing or trimming. ✓ Inspect drainage facilities to detect illegal dumping of dippingslcuttings in or near these facilities. Staff will spot check various problem locations during the year to detect illegal dumping of clippings/cuttings in or near these facilities. Materials found should be picked up and properly disposed of. ✓ Landscape wastes in and around storm drain inlets should be avoided by either using bagging equipment or by manually picking up the material. 5. Erosion Control ✓ Maintain vegetative cover on medians and embankments to prevent soil erosion. Apply mulch or leave clippings to serve as additional cover for soil stabilization and to reduce the velocity of storm water runoff. ✓ Confine excavated materials to pervious surfaces away from storm drain inlets, sidewalks, pavement, and ditches. Material must be covered if rain is expected. LIMITATIONS: Alternative pest/weed controls may not be available, suitable, or effective in every case. REFERENCES: California Storm Water Best Management Practice Handbooks. Industnal/Commercial Best Management Practice Handbook. Prepared by Camp Dresser & McKee, Larry Walker Associates, Udbe and Associates, Resources Planning Associates for Stormwater Quality Task Force. July 1993. County of Orange. 2000. Public Facilities and Resources Department, Management Guidelines for the Use of Fertilizers and Pesticides. September. King County Stormwater Pollution Control Manual. Best Management Practices for Businesses. 1995. King County Surface Water Management. July. On-line: http:/ldnr.metrokc.gov/wirldss/spcm.htm Los Angeles County Stormwater Quality Model Programs. Public Agency Activities http:/Aadpw.org/wmd/npdes/model_links.cfm Model Urban Runoff Program: A How -To Guide for Developing Urban Runoff Programs for Small Municipalities. Prepared by City of Monterey, City of Santa Cruz, California Coastal Commission, Monterey Bay National Marine Sanctuary, Association of Monterey Bay Area Governments, Woodward -Clyde, Central Coast Regional Water Quality Control Board. July. 1998. Santa Clara Valley Urban Runoff Pollution Prevention Program. 1997 Urban Runoff Management Plan. September 1997, updated October 2000. L November 20, 2008 r -I L-A E. Stewart and Associates, Inc. 1000 Calle Negocio San Clemente, CA 92673 (949) 498-9250 FAX (949) 498-4961 Mr. Jack Galaviz Public Works Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Landscape Maintenance Contract Dear Mr. Galaviz, Thank you for the opportunity to be of service as the landscape maintenance contractor for the City of San Juan Capistrano. We are looking forward to providing a service that will not only maintain but enhance the city's parks, sports parks, medians, and parkways. We understand we are continuing the services of the current contract, with the following work description and monthly fees as follows: Location Monthly Fee Monthly Landscape Maintenance for the Landscape Maintenance Districts: 830—Mission Woods $ 253.00 840 — Mission Springs 253.00 850 — Seaview 480.00 860 — Los Corrales 370.00 870 — Belford Terrace 460.00 880 — Capistrano Royale 335.00 Landscape Maintenance For Ricardo & Mission Hills Pump Houses: 153.00 Landscape Maintenance — Facilities: 2,814.00 Monthly Landscape Maintenance for the Sports Park: 5,160.00 F:9401Mi3 Location Monthly Fee Landscape Maintenance — Parkways & Medians: $ 6,521.00 Landscape Maintenance -- Parks 8,386.00 }leadstart: 572.00 Total Monthly Fees: 525,757.00 1 accept these locations and fees as part of the personal service agreement I will be entering into with the City of San Juan Capistrano. Sincerel Stewart 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 493.1053 FAX www.sanjuancaptstrano.org TRANSMITTAL TO: Edwin Stewart E. Stewart and Associates 1000 Calle Negocio San Clemente, CA 92673 DATE: December 17, 2008 Jwwr • �i INIVIIIfEI ' LmnIMH � 1961 1776 FROM: Maria Morris, Deputy City Clerk MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE THOMAS W. HRIBAR MARK NIELSEN DR LONDRES USO RE: Personal Services Agreement — Landscape Maintenance for City Parks, Parkways and Medians, Landscape Maintenance Districts & Miscellaneous Facilities Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please me at (949) 443-6309. If you have questions concerning the agreement, please contact Jill Thomas, Senior Management Analyst (949) 443-6362. An original agreement is enclosed for your records. Cc: Jill Thomas, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future (, Pnnled on 100% re dei paper Page 1 of 2 Meg Monahan From: Lindsey Mannan Sent: Wednesday, December 17, 2008 2:32 PM To: Meg Monahan Cc: Jill Thomas; Jack Galaviz Subject: FW: Personal Service Agreement Contract change approval Meg, Ed Stewart has reviewed the change specified by Council and approved as such. I will provide you with two updated versions of page one to the Personal Service Agreement. Lindsey Mannan From: Ed Stewart [mailto:Ed@estewartandassociates.com] Sent: Wednesday, December 17, 2008 2:29 PM To: Lindsey Mannan Subject: RE: Personal Service Agreement Contract change approval Lindsey, I approve the changes in the second sentence, in section two of page one. Ed Stewart From: Lindsey Mannan[mailto:LMannan@sanjuancapistrano.org] Sent: Wednesday, December 17, 2008 1:46 PM To: ed@estewartandassociates.com Subject: Personal Service Agreement Contract change approval Ed, Based on City Council's approval of the Personal Service Agreement for the remaining seven months of service for Landscape maintenance for fiscal year 08/09, please review and approve the change (or deletion) of the second sentence in section two of paaae one of the agreement. Please approve this change by responding to this email. Your immediate response will greatly assist the City in processing the contract prior to the Holiday break. If you have any questions, please don't hesitate to call me at 949.443.6339. You will find the updated agreement attached. Thank you, Lindsey Mannan Administrative Coordinator 949 443 6339 phone 949.493.1251 fax Public Works Department Mission Statement - Mo enhance the qua/ity of Me and preserve the City's 12/17/2008 12/16/2008 AGENDA REPORT D7 TO: Dave Adams, City Manager 90` FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of an Agreement for Landscape Maintenance Services (E. Stewart and Associates, Inc.) RECOMMENDATION: By motion, approve the Personal Services Agreement with E. Stewart and Associates, Inc. to end on June 30, 2009, in the amount not to exceed $180,300.00; and authorize the City Manager to execute the agreement. SITUATION: On June 20, 2006, the City entered into a three-year contract with BotaCo, Inc. for landscape maintenance services for the City parks, parkways and medians, and facilities. On October 14, 2008, City staff was notified by BotaCo, Inc. that they would be unable to perform the contracted service for the existing contract amount of $25,185 per month. Section 15 of the BotaCo, Inc. contract with the City allowed the contractor and/or the City to terminate the agreement by giving thirty (30) days advance notice of termination to the other party. In their letter, BotaCo requested an increase of $12,800 monthly (a 48% increase) for the remaining duration of their contract. Due to the significant increase proposed by BotaCo required to continue their services, staff pursued other, more cost effective, options for landscape maintenance and terminated the contract with BotaCo effective November 23, 2008. In order to continue maintaining the landscape throughout the City, staff requested a proposal from E. Stewart and Associates, Inc. to take over the existing landscaping maintenance duties for the remainder of the fiscal year, thereby, allowing staff adequate time to seek out future cost effective bids. E. Stewart and Associates, Inc. is familiar with the City of San Juan Capistrano and has been responsive to our needs. The bid from E. Stewart and Associates, Inc. for the same service and scope of work as BotaCo, for the remainder of the fiscal year is $25,757.00 per month. Agenda Report • • Page 2 December 16, 2008 Summary and Recommendation: Staff is recommending the City enter into a Personal Services Agreement (Attachment 1) with E. Stewart and Associates for the remainder of the fiscal year the amount not to exceed $180,300. Staff is currently revising the specifications for landscape maintenance and will work to reduce the overall costs of landscaping throughout the City. Upon completion, staff will rebid the landscape maintenance services in the coming months according to the new specifications. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: N/A FINANCIAL CONSIDERATIONS: There is no increase in costs associated with this new contractor for landscape maintenance services. There is sufficient funding in the existing landscape maintenance accounts to cover this contract for the remainder of the fiscal year. NOTIFICATION: E. Stewart and Associates, Inc. RECOMMENDATION: By motion, approve the Personal Services Agreement with E. Stewart and Associates, Inc. to end on June 30, 2009, in the amount not to exceed $180,300; and authorize the City Manager to execute the agreement. Ily ass"bbaszadeh, P.E. ublic Works Director Attachment(s) 1. Personal Services Agreement 2. BotaCo letter Prepare Jill Thomas Senior Management Analyst 9 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this _day of , 2009, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and E. Stewart & Associates, Inc. (hereinafter referred to as the "Consultant"), RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide landscape maintenance for the City parks, parkways and medians, landscape maintenance districts, and miscellaneous facilities;, and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the City shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. .Term. This Agreement shall commence on November 23, 2008 and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2009. The City will consider granting in its discretion up to three (3) additional one (1) year option renewals based upon satisfactory performance of Contractor. Section 3. Compensation. 3.1 Amount. Total compensation fortheservices hereundershall notexceed $180,300.00 annually as set forth in Exhibit "B," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. ATTACHMENT 0 0 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 0 0 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Gopies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive 3 boards, officers, agents, or employees. This hold harmless agreement shall apply to all 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 Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation, If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 12 9 0 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Not Applicable. 14.6 Notice of Cancel lation/Term!nation of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. 0 Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Consultant: E. Stewart and Associates, Inc. 1000 Calle Negocio San Clemente, CA 92673 Attention: Edwin Stewart Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire A4reement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] A 0 • IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: 1�� Omar Sandoval, City Attorney CITY OF SAN JUAN CAPISTRANO In Dave Adams, City Manager E. STEWART AND ASSOCIATES, INC. Edwin Stewart 7 0 9 MAINTENANCE OF LANDSCAPING CITY PARKS, PARKWAYS & MEDIANS, FACILITIES and MAINTENANCE DISTRICTS DETAIL SPECIFICATIONS A. Turf Grass All lawn areas are to be mowed weekly and all borders neatly edged on the same day to maintain the height specified below. Trim around sprinkler heads as needed to provide maximum water coverage. Remove and dispose of all cuttings, recycle mowers will be considered at the discretion and approval of the Director of Public Works or his/her representative on a per location basis. All walkways, hardscape areas, etc. shall be swept clean immediately after serviced. 2. Mow to the following height: Bermuda — %" to 1 %" Bluegrass— I %" to 2'/4" Sports Park — %" to 1 %" Reel Mowers shall be used exclusively on all Bermuda grass fields and infields. Therefore the following locations will require reel mowing: Stone Field, Acu Canyon Park, Cordova Soccer Fields 3&4, Marco Forster Fields 1 &2, Hausdorfer infield and infield apron and the Sports Park Little League infield and infield apron. Note: All trees in turf areas shall be sprayed with a selective herbicide a minimum of 6" from the trunk and not to exceed 12" to avoid damage to base areas of trees by mechanical means. Equipment Maintenance - Contractor shall provide routine blade sharpening and routine washing of mowers prior to cutting to prevent the spread of undesirable seed mixes. 3. Aerate twice a year during the months of February and August. Aerate all turf by removing a minimum core depth of 3" of sod with an aerator machine, at not more than 6" spacing. 4. Dethatch twice a year during the months of March and September. This shall be accomplished by using a "flail type" dethatching machine. 5. Fertilization a. Bluegrass and Fescue turfs shall be fertilized every 45 to 60 days, as 03:I1:3�_1 0 0 needed, not to exceed 75 days, at the rate of one pound of actual nitrogen per 1000 SF. A 16-6-8 formula with trace elements is recommended, or a formula specified by the Director of Public Works or his/her representative. b. Bermuda grass turf shall be fertilized every 30 to 45 days, as needed, not to exceed 60 days, at the rate of one pound of actual nitrogen per 1000 SF. A 16-6-8 formula with trace elements is recommended, or a formula specified by the Director of Public Works or his/her representative. Fertilizer of an ammonia nitrate 15-0-0 formula shall be applied once during the months of March and December. C. Contractor shall provide City with a weekly log documenting all areas where fertilizer has been applied. Log shall show date, location, time, brand name, chemical analysis, rate of application and total quantity of fertilizer applied. "Note: All fertilizers shall be as noted, or a formula specified by the Director of Public Works or his/her representative. 6. All lawn areas will be programmed for reseeding during the month of October, as directed by the Director of Public Works or his/her representative. Grass seeds shall be an "Annual Rye" type or a type designated by the Director of Public Works or his/her representative and the costs for the materials shall be the responsibility of the Contractor. B. Sports Field Maintenance Inspection Checklist General: The following operations shall be implemented as part of the Contractors performance and reporting requirements. The Contractor shall schedule irrigation and landscape maintenance operations so that they will not interfere with sports field use or activities. Inspect the sports field or play area for areas where grade changes have occurred indicated by low spots that collect water on which turf fails to grow. All sports fields shall be kept at a level grade to provide a uniform height of turf grass. This will be accomplished by top dressing low areas with sports field sand: a. Particle size of the sand shall be 60% or more between U.S. standard sieve sizes 30 and 60. Less than 15% can be larger particles. Less than 10% can be clay and silt. An analysis shall accompany delivery. b. Sand with the above specifications is available from California Silica 0 0 Products Company (714) 728-0171. c. Depressions over 1" in depth shall be filled with weed free soil to an elevation 1" below the proposed grade. Finish grade will be made with the City specified sand. d. Use of another weed free topdressing with a wider range of particle sizes can only be approved by written acceptance of the Director of Public Works or his/her representative. 2. Inspect the sports field or play area for proper water drainage away from the playing surface. If proper drainage is not evident, irrigation management of the affected play area is critical to prevent landscape failure. Contact the Director of Public Works or his/her representative to develop a proper irrigation management strategy. 3. Inspect the sports field or play area for hazardous depressions or holes that may cause a player to trip. Those found should be filled as directed in item Al above. Stones and other debris that may interfere with play or cause injury must be removed by the Contractor. 4. Inspect the sports field play area to see that the soil absorbs irrigation and rain water rapidly enough to provide reasonably good footing on the surface of the field. If improvement is necessary the Contractor shall schedule aerification immediately. 5. Inspect the sports field or play area at regular intervals to insure that the turf surface is being irrigated evenly with proper coverage and adequate, but not excessive application. 6. Inspect the sports field or play area for the condition of the turf grass cover. Uniform thinning over the entire field shall be corrected with additional seeding. If thinning or bare spots occur in isolated areas, replanting shall be required in those areas. Maintenance General: The Contractor shall be responsible for providing all labor and materials necessary for the upkeep of the sports fields. (Ball field infield maintenance is excluded and is under separate contract) Since sports fields are high use facilities, maintenance operations must be performed during short breaks in athletic scheduling to accomplish the required turf care. The Contractor shall provide additional labor as required to accomplish these tasks. Special provisions for the sports field maintenance shall include but not be limited to, the following: 1. Aeration 0 0 a. Shall be scheduled to precede scheduled rejuvenation operations and prior to pre -emergent applications. b. Frequency shall be (4) times per year by removing a minimum core depth of 3" of sod with a maximum spacing between holes of 3"; to be accomplished by making three passes at right angles to one another. Cores shall be swept and removed of offsite to all Bermuda field locations (Sports Park, Marco Forester, Stone Field, Acu Canyon Park and Cordova Soccer Fields). 2. Sports Field Renovations a. An annual process accomplished by total rut filling and reseeding and/or sodding in thinning or bare areas.(Sodding not to exceed 20,000 S.F.) b. The Director of Public Works or his/her representative shall specify the seed and sod types and application rates or square footages. For estimating purposes Tall Fescue or Rebel II Tall Fescue applied at a rate of two pounds per 1000 square feet may be used. c. Top dressing of the entire athletic playing area shall be done on an annual basis. Contractor shall provide the topdressing machine and shall be responsible for all materials and labor for the application of up to '/2" silica topdressing each year over the entire sports fields area. d. Verti-cut twice per year as specified by the Director of Public Works or his /her representative by using a vertical knife machine at all Bermuda grass locations (Sports Park, Marco Forester, Stone Field, Acu Canyon Park and Cordova Soccer Fields). 3. Irrigation a. Monitor controller stations and adjust irrigation schedules daily or as necessary. b. Check all sports fields daily with a soil probe to insure proper moisture and to eliminate over watering. c. Repairs to the irrigation system shall be completed within 12 hours of notification by the Director of Public Works or his/her representative. d. Check all irrigation systems weekly or more frequently if specified by the Director of Public Works or his/her representative. System checks shall be verified by the Contractor and recorded weekly. 0 0 e. Special watering requirements ie; field sodding/seeding operations, fertilization programs, etc. shall be monitored by the Contractor daily. 4. Fertilization shall be applied as per Section A-4 a -c above. C. Spraying All Contractors are required to show verification of their permit issued by the County Agricultural Commission. D. Fertilizing Contractor will be responsible for providing all fertilizing material as designated by City specifications. All fertilizing will be performed under the City's supervision and only with prior City knowledge and approval of its application. E. Grasses and other Herbaceous plantings Ground Cover (grass, herbaceous plants): Fertilization: 1) Iceplant areas shall be fertilized when recommended by the Director of Public Works or his/her representative, with the rate of each application to be one pound of actual nitrogen per 1000 SF, using a 16-16-16 formula material, or a formula specified by the Director of Public Works or his/her representative. 2) Grass areas (alta fescue, etc.) shall be fertilized every 120 days with the rate of each application to be one pound of actual nitrogen per 1000 SF, using a 16-16-16 formula material, or a formula specified by the Director of Public Works or his/her representative. 3) Contractor shall provide City with a weekly log documenting all areas where fertilizer has been applied. Log shall show date, location, time, brand name, chemical analysis, rate of application and total quantity of fertilizer applied. b. Maintain a maximum allowable height of 24" on slope areas. The seed stems and heads shall be removed from the grass (alta fescue, etc.) before they go off color each year or as specified by the Director of Public Works or his /her representative. 0 0 C. Trim and/or edge to maintain all walkways, curbs, roadways, trails, etc... free of plant growth weekly. F. Shrub and Ground Cover Care Prune to maintain a reasonable size in a manner of a soft natural desirable appearance. No heading back or box shape hedging shall be allowed unless otherwise specified by the Director of Public Works or his/her representative 2. Thin out and remove dead wood from all shrubs annually, or as specified by the Director of Public Works or his/her representative. 3. Ground cover areas should be fertilized every ninety (120) days with the rate of each application to be one pound of actual nitrogen per 1000 SF, using 16-16-16 formula material, or a formula specified by the Director of Public Works or his/her representative. a. Contractor shall provide City with a weekly log documenting all areas where fertilizer has been applied. Log shall show date, location, time, brand name, chemical analysis, rate of application and total quantity of fertilizer applied. 4. Trim and/or edge to maintain all walkways, curbs, roadways, trails, etc ... free of plant growth weekly. Trim and/or edge borders to clearly define interface from turf and ground covers biweekly. 6. Ground covers shall be maintained to prevent any climbing or invading of trees, shrubs, walls, hardscape items, utilities, etc... 7. Annual bedding plant areas shall be programmed for replacement for three times a year, as directed by the Director of Public Works or his/her representative. Replacement plants shall be a suitable type to provide the maximum amount of color (bloom) during the time they are in the bed areas. All of the applicable maintenance programs covered in this section shall apply to these annual bedding plant areas as well. The costs of these plants and associated materials shall be the responsibility of the Contractor. Lq H. 0 0 Rose Care All Rose bed areas shall be mulched over with not less than 1" of weed free mulch twice yearly as specified by the Director of Public Works or his/her representative. Tree Care Stakes and ties will be placed so no chafing of bark occurs. Remove as soon as no longer needed. The costs of these associated materials shall be the responsibility of the Contractor. 2. All tree limbs must not be allowed to be less than (10) feet in height along all walkways or public use areas and (14) feet along any roadway unless otherwise specified by the Director of Public Works or his/her representative. 3. All guys and ties shall be checked frequently to avoid girdling. 4. Applications of an iron chelate fertilizer shall be used as needed throughout the year, where necessary to maintain healthy, vigorous growth and good foliage color. a. Contractor shall provide City with a weekly log documenting all areas where fertilizer has been applied. Log shall show date, location, time, brand name, chemical analysis, rate of application and total quantity of fertilizer applied. 5. All trees in turf areas should be sprayed with a selective herbicide a minimum of 6" from the trunk and not to exceed 12" to eliminate damage to base areas of trees by mechanical means. a. Contractor shall provide City with a weekly log documenting all areas where herbicides or pesticides have been applied. Log shall show date, location, time, brand name, type of product, rate of application, dilution rate, and quantity applied. Irrigation System Repair or replacement of equipment damaged as a result of Contractor's negligence shall be replaced at the Contractor's expense as will the cost for any water loss during this time. 2. Damage not resulting from Contractor's negligence will be reported promptly to the Director of Public Works or his/her representative. 0 0 a. The Contractor shall maintain the complete sprinkler system in an operational condition. Repair and adjust all sprinkler heads to maintain proper coverage. C. Adjust water application to compensate for changes in weather. Contractor will be responsible for damages occurring due to under watering or over watering. d. All replacements to be with original type material or substitutes approved by the City Director of Public Works or his/her representative. e. Damage not resulting from Contractor's negligence but as an act of vandalism will be reported promptly to the City, together with an estimate of costs for correction of the condition. Payment will be based on actual costs of labor, plus wholesale cost of materials, plus a percentage of materials. All systems to be operationally checked a minimum of once a week. g. Irrigation of parks will be accomplished between the hours of 9:00 p.m. and 7:00 a.m., subject to change by the Director of Public Works or his/her representative. h. Contractor is required to be present during watering and/or inspection of the irrigation system daily to assure that there are no problems with the system. J. Weed Control of Paved Surfaces Contractor shall be responsible for controlling weeds growing in cracks, or expansion joints, and areas contiguous to the City landscape by way of mechanical and/or chemical means. K. Guarantee and/or Replacement Policy All new plant material and irrigation installations shall be guaranteed for a period of one calendar year except due to "Acts of God," i.e., damage or death of plant material due to wind or storm, or vandalism, theft, or other willful acts over which the maintenance contractor has no control. Existing plants shall be replaced by Contractor if it is determined by the Director of Public Works or his/her representative that they died due to Contractor's negligence. L. Tot Lots 0 0 All tot lot areas shall be raked to remove leaves, leveled, kept free of any other foreign debris and adjacent walkways, etc... swept daily. 2. All play and sports equipment shall be inspected for vandalism, safety hazards, and serviceability weekly. Deficiencies shall be reported in writing immediately to the Director of Public Works or his/her representative. M. Sand / Wood Chip Areas These areas shall include tot lots, play areas, volleyball courts, etc... 2. All areas shall be maintained weed free. By the 10th of each month, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rorotilling, all areas shall be raked level. 4. Sand/wood chip areas shall be replenished as necessary to maintain optimum level in each area, generally six (6) inches below the top of the concrete curbing but dependent upon play equipment footing and final level shall be specified by the Director of Public Works or his/her representative for each area. Replacement sand shall be at least equivalent to #25 sieve Silica sand (standard designation of rock product suppliers to denote a type and cleanliness of sand) or the same as existing sand. Replacement wood chips shall be inspected prior to installation for its compatibility. The Director of Public Works or his/her representative will make the final determination. 5. On Monday and Friday of each week, all sand/wood chip areas shall be raked to remove leaves, leveled, kept free of any other foreign debris and adjacent walkways, etc swept. 6. In the event of inclement weather, if at any time the sand court areas become flooded and there is standing water, it will be the Contractor's responsibility to remove water immediately. N. Hard Surface Areas These areas shall include concrete sidewalks, tennis courts, handball courts, basketball courts, bicycle trails, AC walkways, etc... 2. All areas shall be swept weekly to remove all deposits of silt, sand, glass and any other foreign debris. 3. All areas shall be inspected daily and maintained in a neat, clean and safe condition at all times. 4. Cracks and crevices shall be kept free of weeds at all times. O. 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 the Contractor's expense. P. Library Facilities Fountain and reflecting pool are to be maintained and kept clean and free of debris and leaves. Actual maintenance of chemical levels and pool equipment shall not be part of this contract. Q. General Operations All drinking fountains shall be kept clean and operational at all times. Minor repairs, to include but not limited to unclogging drains and replacing damaged or broken parts. Payment will be based on actual cost of labor, plus wholesale cost of materials. All repairs shall be completed within twenty-four (24) hours after damage occurs. C. Every instance of damage shall be reported to the Director of Public Works or his/her representative prior to repairs being completed for approval. d. Should damage be repetitive, the Director of Public Works or his/her representative will evaluate replacement with a more damage resistant model through extra work or separate action. 2. All walkways or other public access areas within shall be swept or cleaned daily, if necessary, to remove any glass or other debris. In addition, all walkways, or other public access areas shall be thoroughly cleaned every week by sweeping or other means approved by the Director of Public Works or his/her representative. 3. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required by the Director of Public Works or his/her representative. 0 0 4. All leaves, paper, and debris shall be removed from landscaped areas and disposed of offsite weekly or as specified by the Director of Public Works or his/her representative. Trash cans provided by the City shall be emptied daily and washed after emptying (when necessary) to be determined by the Director of Public Works or his/her representative. Contractor shall provide plastic liners for all trash cans at Contractor's expense. 6. All concrete bench drains and other surface drains to include the portion under a sidewalk shall be kept free of vegetation, debris and algae to allow unrestricted water flow. 7. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to the Director of Public Works or his/her representative. 8. All barbecue grills shall be emptied of all ashes once during regular workweek. 9. All security area lighting shall be inspected weekly; any damaged or malfunctioning equipment shall be reported to the Director of Public Works or his/her representative immediately. 10. Clean all park benches, picnic tables and play equipment weekly. Sanitation and frequency may vary with use and as specified by the Director of Public Works or his/her representative. R. Common Seating Areas Sweep, clean and remove debris a minimum of once a week or as determined by the Director of Public Works or his/her representative. 2. Inspect and check all benches and equipment for vandalism and safety hazards; and report damage to the Director of Public Works or his/her representative. 3. Maintain concrete areas by sweeping sand and base materials a minimum of once a week. 4. Immediately remove all broken glass and any sharp objects. S. Restrooms As required, restroom facilities will be maintained by others. 0 0 T. General Vegetation shall not overhang a walkway at less than ten (10) feet in height or a roadway at less than 14 feet in height. 2. All operations will be conducted so as to provide maximum safety for the public. 3. Where contract work may create potential or know hazards on streets or roads and to persons traversing them, Contractor shall obtain at his own expense and place whatever signs, lights, barricades, cones or other safety devices are necessary to prevent accidents, injuries or damages, consistent with the Work Area Traffic Control Handbook (W.A.T.C.H. Manual) and with all other applicable ordinances and statutes. ' When working, orange vests shall be worn at all times. 4. Leaves, paper, weeds and other foreign debris will be removed a minimum of once per week as determined by the Director of Public Works or his/her representative from landscaped areas and disposed of off-site. Trash cans provided by the City will be emptied and washed out after emptying. 5. Contractor will clean sidewalks, roadways, and any other areas dirtied by his maintenance operations, prior to leaving the subject location. 6. Contractor will report to City any malfunction of the lighting system in any City maintained area. 7. Notification of all "specialty type" maintenance operations shall be given to the Director of Public Works or his/her representative 48 hours prior to each of these operations by the Contractor. "Special type" maintenance operations are defined as fertilization, turf aerification, turf dethatching, and annual type bedding plant replacements. 8. Contractor is required as part of this agreement to furnish all materials necessary to accomplish maintenance in accordance with the foregoing specifications. Contractor is further required to stock high usage items for repair of irrigation systems. Contractor will be reimbursed the wholesale cost of such materials and parts upon presentation of properly itemized invoices. Any other types of materials required to be furnished will be considered as extra work (see General Provisions, Extra Work). 9. Contractor shall be required to maintain an office in Orange County and provide a telephone service during normal working hours. Contractor shall provide an email address available for correspondence between the City and 9 0 the Contractor which shall be monitored and responded to by the Contractor on a daily basis if necessary. The area Supervisor shall always be available to the City via cell phone. Contractor is further required to provide City with an emergency number for contact outside the normal working hours. 10. Contractor shall be required to provide uniforms and name badges for all field personnel. 11. Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. 12. Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. 13. Contractor shall not block bike trail with equipment or materials during or after his maintenance operations. 14. Remove from park and parkways daily any and all animal feces or materials detrimental to human health. 15. Contractor shall submit a work schedule identifying the number of persons working in the area and the anticipated hours of work for each week. 16. Contractor shall be required to provide safety vests for all field personnel working near any City median, parkway or street in accordance with the W.A.T.C.H. Manual. 17. Work performed under this contract shall conform to the permit requirements of the San Diego Regional Water Quality Control Board, the Drainage Area Management Plan ("DAMP"), and the Model Maintenance Procedures and must be performed as described within all applicable Model Maintenance Procedures. A copy of the Model Maintenance Procedures - Best Management Practices are attached for the contractors information. The Contractor shall fully understand the Model Maintenance Procedures applicable to activities that are being conducted under this Contract prior to conducting them and maintain copies of the Model Maintenance Procedures throughout the Contract duration. Evaluation of activities subject to DAMP requirements performed under this Contract will be conducted to verify compliance with DAMP requirements and may be required through Contractor self-evaluation as determined by the City. 0 0 PARK SITES Acu Canyon Park - 4.7 acres; located at Camino Las Ramblas and Avenida Pescador; automatic irrigation controls, grass, trees, playground equipment, drinking fountain, slopes, stairways. 2. Acre Park - .2 acres; northwest corner of Del Obispo Street and Alipaz Street; automatic irrigation, grass, trees. 3. Arroyo Park - 3.6 acres; bordered by Via Parra on the east, Sundance Road on the west; automatic irrigation, grass, trees, equestrian trail. 4. Bonita Park -.6 acres; west side of Via Del Rey, across from Via Loredo; automatic irrigation controls, grass, trees, playground equipment. 5. Cook Park - Del Campo - Calle Arroyo and Del Campo; 1.5 acres of grass; row of mature trees; automatic irrigation, playground equipment, picnic area. 6. Cook Park - Cordova - 9 acres; east side of Calle Arroyo between Via Entradero and Via Solana adjacent to San Juan Creek; automatic irrigation controls, grass, three baseball diamonds, trees, adjacent parking lot (City will maintain restrooms), drinking fountain, fire pits, shrubs, parking lot, bike trail, 4 soccer fields; 2 permanent, 2 overlay. 7. Cook Park - La Novia - 6.5 acres; east side of Calle Arroyo between La Novia Avenue and Paseo Tirador adjacent to San Juan Creek; automatic irrigation controls, grass, trees, basketball courts, picnic areas, fire pits, playground equipment, (1) baseball diamond (City will maintain restrooms) shrubs, drinking fountain, bike trail. 8. De La Vista Park - 23,450 SF of turf and trees; automatic irrigation, picnic area. Descanso Park - 1.0 acres at the confluence of Trabuco and San Juan Creeks; automatic irrigation controls (City will maintain restrooms), grass, trees, playground equipment, picnic area, fire pits, drinking fountain, horseshoe pits, equestrian corral, bike trail. 10. EI Camino Real Park - 4.5 acres located on Camino Capistrano from La Zanja to Calle Chueca; automatic irrigation (City will maintain restrooms), picnic areas, drinking fountain, bike trail. 11. Four Oaks Park - 2.54 acres; east side of Via Madonna between Calle Santa Ynez and Via Del Cerro; automatic irrigation, grass, trees, picnic area, playground equipment, drinking fountain, turf court area. 12. Historic Town Center Park - 2.25 acres; east side of EI Camino Real @ Yorba 0 9 Street; automatic irrigation, grass, shrubs, trees, picnic area, drinking fountain, pathway lighting. 13. Junipero Serra Park - 3.75 acres located at Calle Santa Rosalia and Calle Bonita; automatic irrigation, trees, shrubs, grass, playground equipment, drinking fountain. 14. LaRonda Park - End of Camino LaRonda; automatic irrigation, turf, trees, playground equipment, access roads. 15. Lucana (Good Neighbors) Park — Lucana @ Alipaz 6,500 SF of turf; 4,000 SF of trees, xeriscape shrubs, ground cover and wild flower mix; automatic irrigation, park benches. 16. Marco Forster Sports Fields — 11 Acres; Del Obispo north of Del Avion; turf, slope ground cover, trees, running track, automatic irrigation. 17. Veterans Park - .3 acres located at Yorba and Camino Capistrano; grass, ground cover, trees, shrubs, automatic irrigation, park benches, concrete pathways 18. Mission Bell Park - 2.8 acres; west side of Alipaz Street, north of Calle Jardin; trees, grass, automatic sprinkler system, playground equipment. 19. Rio Oso Park - .8 acres; west side of Avenida de la Vista adjacent to Oso Road; automatic irrigation, grass, shrubbery, picnic area. 20. San Juan Creek Neighborhood Park — 1.5 Acres; San Juan Creek Road @ Lacouague; automatic irrigation, play equipment, turf, shrubs, trees, pathways, parking lot. 21. San Juan Sports Park — 18 Acres; Via Positiva north of Del Avion; turf, trees, shrubs, hardscape, drinking fountains, benches, (City will maintain restrooms) 3 baseball fields, 1 softball field, 4 soccer fields; 2 permanent, 2 overlay automatic irrigation. 22. Stone Field — 2 Acres; Camino Capistrano @ La Zanja; turf, trees, shrubs, automatic irrigation, hardscape, (City will maintain restrooms). 0 9 PARKWAY AREAS Del Obispo Street, easterly side from southerly City limits to Blue Fin Drive; Blue Fin Drive on southerly side to Via La Pluma; trees and ground cover; automatic irriga- tion. 2. Camino Del Avion, each side, easterly from Del Obispo; water truck for trees, weed control. 3. Calle Aspero, each side from Del Obispo Street to Calle Ricardo; water truck for trees, weed control. A. East side of Aguacate Road at Estelita to northerly end of street; trees and ground cover; manually controlled irrigation system; also water truck required. 5. Del Obispo Street at Terraza; trees and ground cover; manually controlled irrigation system. Del Obispo, north side from Paseo Terraza easterly to Via Belardes; trees (water truck required), weed control. 6. Del Obispo Street, north side from Trabuco Creek bridge to Camino Capistrano; trees, weed control. 7. Del Obispo Street, traffic island between Camino Capistrano and the railroad; trees, ground cover (automatic irrigation system). S. Camino Capistrano, freeway side from San Juan Creek Road southerly 1500'; trees, weed control; manual irrigation. South side of San Juan Creek Road between Camino Santo Domingo and 1,335' easterly; trees (water truck required), weed control. 10. Via Crystal at Ortega Highway; trees. Ortega Highway at Via Crystal; trees, ground cover, automatic irrigation. 11. Calle Arroyo, south side of street starting 1 00'east of Via Cordova and extending to the end of Tract 3126 Boundary; trees, shrubs, ground cover, automatic irrigation system. 12. Avenida Siega, northeast side from Calle Arroyo to Ortega; equestrian trail, vines, grass, shrubs, trees, automatic irrigation system. 13. Camino Capistrano, north side from Avenida Padre to Avenida Golondrina; trees, shrubs and ground cover; automatic irrigation system; weed control. 0 9 14. Camino Capistrano, traffic island between Del Obispo Street and Avenida Golondrina; trees, shrubs and ground cover; automatic irrigation system; weed control. 15. Del Obispo Street, traffic island from Camino Capistrano to 220' easterly; trees, shrubs and ground cover; automatic irrigation system; weed control. 16. The northeast corner of Del Obispo Street and Camino Capistrano, extending 200' easterly from the corner; trees, shrubs and lilies, automatic irrigation system. 17. Ortega Property Parkways - 2.5 acres, twenty-five feet from curb around the perimeter and internal roads, within Ortega Properties development. Automatic irrigation controls; grass, trees and shrubs. 18. Desilting Basins and Fitness Trail - 12.5 acres; requires maintenance of weeds, overgrown foliage and erosion control. 19. The west side of Camino Las Ramblas from Avenida Pescador to Kinkerry Lane; automatic irrigation system; ground cover and trees (191). 20. Southwest corner of Alipaz Street and Del Obispo Street - 2800 SF; trees, shrubs, ground cover with manual irrigation, weed control. 21. Ortega Highway and Sundance Drive (Sunhollow Tract); 6720 SF of equestrian trails; 3350 SF of shrubs and ground cover; 1560 SF of grass and trees with automatic irrigation, weed control. 22. Rancho Viejo Road - 1.07 acres of trees and grass 10 feet from curb in parkways, with shrubs and ground cover in medians; automatic irrigation, weed control, trees. 23. Camino La Ronda - Approximately 54,000 SF, including easterly terminus in Tract 9373 (Los Corrales) and flood control channel running from this point downstream to channel, fencing; automatic irrigation, trees, shrubs. 24. Rancho Viejo Road/Endevco - 14,253 SF including medians and westerly parkway from Malaspina Road south to gated entrance. Trees, irrigation may require water truck, shrubs, ground cover, weed control, automatic irrigation on medians. 25. Northwest corner of Calle Aspero and Calle Ricardo - approximately 400 SF, including front of Tract sign and Pepper trees adjacent to and north of Calle Aspero; weed control and water truck required. 26. Del Obispo Street and Camino Del Avion, trees, shrubs and ground cover, automatic irrigation. 0 0 27. Del Obispo Street (in front of Farmer to Market south side), trees, shrubs, ground cover, and automatic irrigation. 28. Costco on Camino Capistrano from end of City limits to north end of property, 3 medians, trees and shrubs, automatic irrigation. 29. Paseo Adelanto - Shrubs, trees and ground cover. 30. Mission Hills Drive - 18,300 SF median, turf and trees; automatic irrigation. 31. SW Corner of Paseo Adelanto and Del Obispo - 950 SF of turf and ground cover; automatic irrigation. 32. West side of railroad tracks from Del Obispo to Verdugo Street; again from Ramos Street to Mission Street - Native trees, shrubs and ground cover; manual irrigation. 33. Valle Road - West side of Valle Road at sound wall; trees, shrubs, ground cover, vines, automatic irrigation. 34. Kinoshita Well Site - Corner of Alipaz and Camino Del Avion; shrubs, weed control, water truck irrigation. 35. Weather Station/Kinoshita Farm Site - Turf, weed control, automatic irrigation. 36. Downtown Tree Wells - Ortega Highway and EI Camino Real; trees, water truck irrigation, weed control. 37. Ortega Highway @ Walnut Grove/Slope Area - Weed control, trees, shrubs, ground cover. 38. San Juan Creek Median - San Juan Creek Road east of La Mancha center median to end of roadway; native trees, shrubs, ground cover, weed control, water truck irrigation. 39. Los Rios Entry/East side of Los Rios Street between railroad tracks, adjacent to loading platform; native trees, shrubs, ground cover, automatic irrigation. 40. Rancho Viejo Road — 160,000 S.F., Junipero Serra to North City limits; trees, shrubs, groundcover, slopes, automatic irrigation. 41. Ortega Highway — At Rancho Viejo Road; trees, groundcover, shrubs, automatic irrigation. 42. Las Ramblas Equestrian Staging — End of Las Ramblas, shrubs, trees, groundcover, automatic irrigation. 0 E 43. Rancho Viejo Road @ Golf Club Drive — trees, shrubs, groundcover, automatic irrigation. 44. San Juan Creek Road @ Plant Depot — trees, shrubs, automatic irrigation. 45. La Novia @ Valle Road — Southeast corner; shrubs, trees groundcover, water truck required. 46. Calle Arroyo East of Estenaga — shrubs, trees, groundcover, automatic irrigation. 47. Ortega Highway La Novia to Windsong — turf, trees, automatic irrigation. 48. Del Obispo @ Marco Forster — trees, groundcover, water truck required. 49. Calle Arroyo E. of Sundance — trees shrubs, turf, automatic irrigation. 50. Del Obispo @ Flood Control Channel - East side of Del Obispo @ Flood Control Gate; trees, shrubs, vines, ground cover. 0 0 CITY FACILITIES 1. City Hall Parking Lot - landscaped planters and medians in front and rear lots; the Dance Hall and areas around the Public Works Administrative Building and Ground Water Recovery Plant. Trees, ground cover, turf, shrubs, automatic irrigation. 2. Community Center/Gymnasium — landscaped planters and medians in front and side parking lots, plantings in front of Gym, near Community Center entry and rear fence and patios, Boys and Girls Club entry, frontage road plantings. Trees, shrubs, ground cover, turf, automatic irrigation. San Juan Library, La Sala — landscaped planters and medians in adjacent parking lot and lot across EI Camino Real. Landscaping and plantings surrounding building. Landscaping and cleanup in courtyard/reflecting pool area. Trees, shrubs, turf, automatic irrigation. 4. Lacouage Building — Landscaping surrounding structure. Parking lot planters and medians. Trees, shrubs, turf, automatic irrigation. Nydegger Building — Landscaping surrounding structure. Trees, shrubs, turf, manual irrigation. T.J. Meadows Building — Landscaping surrounding structure. Parking lot planters. Trees, shrubs, turf, automatic irrigation. 7. Montanez Adobe — Landscaping surrounding structure. Trees, shrubs, turf, manual irrigation. Multimodal Lot — Parking lot planters and medians. Slope plantings. Trees, shrubs, turf, automatic irrigation, seating areas. 9. Texaco Lot - Parking lot planters and medians. Trees, shrubs, automatic irrigation. 10. Love Mitchell Lot — Parking lot planters and medians. Trees, shrubs, ground cover, manual irrigation. 11. Richardo Reservior — Planting surrounding reservoir. Trees, shrubs, ground cover, automatic irrigation. 12. Para Adobe/ Harrison House — Plantings surrounding structures. Trees, shrubs, ground cover, automatic irrigation. 13. Blas Aguilar Adobe — Plantings surrounding structure. Native plantings. Trees, 0 0 shrubs, ground cover. 14. Mission Hills Pump — Plantings surrounding structure. Trees, shrubs ground cover, automatic irrigation. 15. Railroad Platform/ Los Rios Entry — Pots and planters on Platform. Native plantings in entry plaza. Trees, shrubs, ground cover, automatic irrigation, picnic and public seating areas. LANDSCAPE MAINTENANCE DISTRICTS Belford Terrace - 3.868 Acres; Ortega Highway right-of-way, exclusive of the street section to the northerly curb, along the southerly boundary of said tract. The slope area along the northerly right-of-way for Ortega Highway, lying southerly of the block wall, being a portion of Lots 1 through 8, inclusive of said tract. The slope area along the easterly right-of-way of Belford Terrace, including the portion of said right-of-way easterly of the 5 foot wide sidewalk, bounded on the south by Ortega Highway and bounded on the north by Rosedale Drive, being a portion of Lot 1 of said tract. The southerly 10 feet of the 56 foot wide right-of-way of Rosedale Drive, bounded on the west by Belford Terrace, and bounded on the east by a line parallel with and distant 65 feet form the centerline of Belford Terrace. The remanufactured slopes lying within Lots 62, 63, and 64 of said tract, excepting there from the portion of the remanufactured slope within Lot 62 lying southwesterly of the southwesterly line of the 150 foot wide easement to San Diego Gas and Electric Company, as shown on the map of said tract. Trees, shrubs, ground cover, turf, slopes and equestrian trails; automatic irrigation. 2. Capistrano Royale (Tract 11094) - 1.4 acres; West side of Rancho Viejo Roadsouth side of Highland Drive, including center median to Royale Drive, including south side perimeter of tract. Trees, shrubs, ground cover and equestrian trail; automatic irrigation. 3. Los Corrales (Tract 9373/7654) - 33,000 Square Feet; All of Lot A of said Tract 7654 and the southeast corner of Camino La Ronda and La Novia Avenue. Trees, shrubs, ground cover and turf; automatic irrigation. 4. Mission Woods (Tract 7673) - .828 Acres; The Ortega Highway right-of-way, exclusive of the street section to the southerly curb, along the northerly boundary of said tract, and the area lying northerly of the curved walls at the intersection of Ortega Highway and Via Cuartel, being a portion of Lots 1 and 79 of said tract. Lot C of Said Tract - The westerly two feet, lying northerly of Lot B, of said tract, being a portion of Lots 71 and 72 of said tract. The slope area along the westerly boundary, lying southerly of Lot B, and 0 0 westerly of the block wall, being a portion of Lots 44 through 52 inclusive, of said tract. The slope area along the northerly right-of-way of Calle Arroyo, exclusive of street intersections, lying southerly of the block wall, being a portion of Lots 32, 43, 44 and 61 of said tract. Trees, shrubs, ground cover and turf; automatic irrigation. Mission Springs (Tract 8485) - .802 Acres; The Ortega Highway right-of-way, exclusive of the street section to the southerly curb, along the northerly boundary of said tract, and at the area lying northerly of the curved walls at the intersection of Ortega Highway and Via Errecarte, including that area extending from the intersection of Via Anzar and Via Errecarte to the block wall entrance, being a portion of Lots 1 and 74 of said tract. The slope area along the northerly right-of-way of Calle Arroyo, including the portion of said right-of-way of the 5 foot wide sidewalk, including the northeast side of Via Estenaga extending from the intersection of Via Estenaga and Calle Arroyo to the intersection of Via Estenaga and Via Ordaz, being a portion of Lots 12 through 24, inclusive, a portion of Lot 54, of said tract. The slope area along the westerly right-of-way of Avenida Siega, including the portion of said right-of-way lying westerly of the 5 foot wide sidewalk, being a portion of Lots 10 through 12, inclusive, of said tract. Trees, shrubs, ground cover and turf; automatic irrigation. 6. Seaview Estates (Tract 9284) - 2.350 Acres; The remanufactured slopes within Lots 1, 6, 7, 8, 9 and 22 of said tract, and the remanufactured slope along the easterly right-of-way for Paseo Peregrino lying easterly of the angle point in the centerline of said Paseo Peregrino, being a portion of Lot 16 of said tract. Trees, shrubs, slopes and ground cover; automatic irrigation. 0 1] DUAN ..... ... City of San Juan Capistrano v 1776 n 1967 Q 1776 ' •c`9LIFOR��Q' FP -2 LANDSCAPE MAINTENANCE The model procedures described below focus on minimizing the discharge of pesticides and fertilizers, landscape waste, trash, debris, and other pollutants to the storm drain system and receiving waters. The attached BMPs are recommended to be used on an as needed and on a case by case basis. Some BMP might not apply In certain situations and will not be used. The provided BMPs are potential measures that could be used, individually or collectively, as the situation requires, and as determined by staff. Landscape maintenance practices may Involve one or more of the following activities: 1. Mowing, TrimminglWeeding, and Planting 2. Irrigation 3. Fertilizer and Pesticide Management 4. Managing Landscape Waste 5. Erosion Control POLLUTION PREVENTION: Pollution prevention measures have been considered and incorporated in the model procedures. Implementation of these measures may be more effective and reduce or eliminate the need to implement other more complicated or costly procedures. Possible pollution prevention measures for landscape maintenance include: Implement an integrated pest management (IPM) program. IPM is a sustainable approach to managing pests by combining biological, cultural, physical, and chemical tools. Refer to Appendix D, Fertilizer and Pesticide Management Guidance for further details. 0 Choose low water using flowers, trees, shrubs, and groundcover. Appropriate maintenance (i.e. properly timed fertilizing, weeding, pest control, and pruning) will preserve the landscapes water efficiency. Once per year, educate municipal staff on pollution prevention measures. MODEL PROCEDURES: 1. Mowing, Trimming/Weeding, and Planting Mowing, ✓ Whenever possible, use mechanical methods of vegetation removal rather TrimminglWeeding than applying herbicides. Use hand weeding where practical. ✓ When conducting mechanical or manual weed control, avoid loosening the soil, which could erode into streams or storm drains. ✓ Use coarse textured mulches or geotextiles to suppress weed growth and reduce the use of herbicides. ✓ Do not blow or rake leaves, etc. into the street or place yard waste in gutters or on dirt shoulders. Sweep up any leaves, litter or residue in gutters or on street. ✓ Collect lawn and garden clippings, pruning waste, tree trimmings, and weeds. Chip if necessary, and compost or dispose of at a landfill (see waste management section of this procedure sheet). ✓ Place temporarily stockpiled material away from watercourses, and berm or cover stockpiles to prevent material releases to storm drains. Planting ✓ Where feasible, retain and/or plant selected native vegetation whose features are determined to be beneficial. Native vegetation usually requires less maintenance (e.g., irrigation, fertilizer) than planting ornamental vegetation. ✓ When planting or replanting consider using low water use groundoovers. 2. Irrigation 9 0 ✓ Utilize water delivery rates that do not exceed the infiltration rate of the soil. ✓ Use timers appropriately to prevent runoff and then only irrigate as much as is needed. ✓ Inspect irrigation system periodically to ensure that the right amount of water is being applied and that excessive runoff is not occurring. Minimize excess watering, and repair leaks in the irrigation system as soon as they are observed. ✓ Where practical, use automatic timers to minimize runoff. ✓ Use popup sprinkler heads in areas with a lot of activity or where there is a chance the pipes may be broken. Consider the use of mechanisms that reduce water flow to sprinkler heads if broken. ✓ If re-claimed water is used for irrigation, ensure that there is no runoff from the landscaped area(s). ✓ If bailing of muddy water is required (e.g. when repairing a water line leak), do not put it in the storm drain; pour over landscaped areas. ✓ The City uses an automatic irrigation system connected to a weather station to control the irrigation system to all parks. This system controls the amount of water used, shuts down during rain events, and identifies and shuts down broken sprinkler heads, and provides a warning message for repair. This system helps the City conserve water and reduces unnecessary runoff. 3. Fertilizer and Pesticide Management Usage ✓ Utilize a comprehensive management system that incorporates integrated pest management techniques. ✓ Follow all federal, state, and local laws and regulations governing the use, storage, and disposal of fertilizers and pesticides and training of applicators and pest control advisors. ✓ Educate and train employees on use of pesticides and in pesticide application techniques to prevent pollution. ✓ Pesticide application must be under the supervision of a California qualified pesticide applicator. ✓ When applicable use the least toxic pesticides that will do the job. Avoid use of copper -based pesticides if possible. • Scheduling Disposal ✓ Do not mix or prepare pesticides or fertilizers for application near storm drains. ✓ Prepare the minimum amount of pesticide needed for the job and use the lowest rate that will effectively control the pest. ✓ Employ techniques to minimize off -target application (e.g. spray drift) of pesticides, including consideration of alternative application techniques. ✓ Calibrate fertilizer and pesticide application equipment to avoid excessive application. ✓ The City has tested the soil at various locations, and has identified proper fertilizer use. As necessary, the City will Periodically test soils for determining proper fertilizer use if the need is identified. ✓ Sweep pavement and sidewalk if fertilizer is spilled on these surfaces before applying irrigation water. ✓ Inspect pesticide/fertilizer equipment and transportation vehicles daily. ✓ Refer to Appendix D for further guidance on Fertilizer and Pesticide management ✓ Do not use pesticides if rain is expected within 24 hours. ✓ Apply pesticides only when wind speeds are low (less than 5 mph). ✓ Purchase only the amount of pesticide that you can reasonably use in a given time period (month or year depending on the product). ✓ Triple rinse containers, and use rinse water as product. Dispose of unused pesticide as hazardous waste. ✓ Dispose of empty pesticide containers according to the instructions on the container label. 4. Managing Landscape Waste ✓ Compost leaves, sticks, or other collected vegetation or dispose of at a permitted landfill. Do not dispose of collected vegetation into waterways or storm drainage systems. Also see Waste Handling ✓ Place temporarily stockpiled material away from watercourses and storm and Disposal procedure drain inlets, and berm or cover stockpiles to prevent material releases to the sheet storm drain system. ✓ Reduce the use of high nitrogen fertilizers that produce excess growth requiring more frequent mowing or trimming. ✓ Inspect drainage facilities to detect illegal dumping of clippings/cuttings in or near these facilities. Staff will spot check various problem locations during the year to detect illegal dumping of clippings/cuttings in or near these facilities. Materials found should be picked up and properly disposed of. ✓ Landscape wastes in and around storm drain inlets should be avoided by either using bagging equipment or by manually picking up the material. 5. Erosion Control ✓ Maintain vegetative cover on medians and embankments to prevent soil erosion. Apply mulch or leave clippings to serve as additional cover for soil stabilization and to reduce the velocity of storm water runoff. ✓ Confine excavated materials to pervious surfaces away from storm drain inlets, sidewalks, pavement, and ditches. Material must be covered if rain is expected. LIMITATIONS: Alternative pest/weed controls may not be available, suitable, or effective in every case. REFERENCES: California Storm Water Best Management Practice Handbooks. Industrial/Commercial Best Management Practice Handbook. Prepared by Camp Dresser & McKee, Larry Walker Associates, Uribe and Associates, Resources Planning Associates for Stormwater Quality Task Force. July 1993. County of Orange. 2000. Public Facilities and Resources Department, Management Guidelines for the Use of Fertilizers and Pesticides. September. King County Stormwater Pollution Control Manua). Best Management Practices for Businesses. 1995. King County Surface Water Management. July. On-line: http://dnr.metrokc.gov/wlr/dss/spcm.htm Los Angeles County Stormwater Quality Model Programs. Public Agency Activities http://Iadpw.orgAvmdtnpdes/model_links.ch Model Urban Runoff Program: A How -To Guide for Developing Urban Runoff Programs for Small Municipalities. Prepared by City of Monterey, City of Santa Cruz, California Coastal Commission, Monterey Bay National Marine Sanctuary, Association of Monterey Bay Area Governments, Woodward -Clyde, Central Coast Regional Water Quality Control Board. July. 1998. Santa Clara Valley Urban Runoff Pollution Prevention Program. 1997 Urban Runoff Management Plan. September 1997, updated October 2000. 0 E. Stewart and Associates, Inc. 1000 Calle Negocio San Clemente, CA 92673 (949)498-9250 FAX (949) 498-4961 November 20, 2008 Mr. Jack Galaviz Public Works Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Landscape Maintenance Contract Dear Mr. Galaviz, Thank you for the opportunity to be of service as the landscape maintenance contractor for the City of San Juan Capistrano. We are looking forward to providing a service that will not only maintain but enhance the city's parks, sports parks, medians, and parkways. We understand we are continuing the services of the current contract, with the following work description and monthly fees as follows: Location Monthly Fee Monthly Landscape Maintenance for the Landscape Maintenance Districts: 830 — Mission Woods $ 253.00 840 — Mission Springs 253.00 850 — Seaview 480.00 860 — Los Corrales 370.00 870 — Belford Terrace 460.00 880 — Capistrano Royale 335.00 Landscape Maintenance For Ricardo & Mission Hills Pump Houses: 153.00 Landscape Maintenance — Facilities: 2,814.00 Monthly Landscape Maintenance for the Sports Park: 5,160.00 EXHIBIT B 0 Location Landscape Maintenance — Parkways & Medians Landscape Maintenance — Parks Headstart: Total Monthly Fees: 0 Monthly Fee $ 6,521.00 8,386.00 572.00 $25,757.00 I accept these locations and fees as part of the personal service agreement I will be entering into with the City of San Juan Capistrano. Sincere Stewart E October 3, 2008 City of San Juan Capistrano Attn: Director of Public Works 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 Dear Public Works Director, 0 BotaCo, Inc. Landscape Maintenance In early July I notified you that due to extremely large increases in labor, fuel, fertilizers and most all operating expenses we will require an increase of $12,800.00 per month, to continue providing Landscape Maintenance Services for the City of San Juan Capistrano. As of yet you have not responded to our request (letter dated July 1, 2008) instead you have chosen to hold our monthly payment for the months of August and September while your staff has continued requesting extra work (resod turf areas beyond our required square footage under contract). It appears that you have decided to ignore the terms of our Landscape Maintenance Contract (Re: payment for services). We would like to know what has been decided or am I to assume that you have no intention of paying BotaCo Inc. an increase nor pay for any work that we have done? Please notify us of your decision. Sincerely, � Mi. �gnacio Soto President BotaCo, Inc. PUBLIC WORK01 DE 114 "N CITY 0f P.M.B.-401 • 32158 Camino Capistrano,A - San Juan Capistrano, California 92675 • ATTACHMENT 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 FAX www.sanjuanCapistrano.org l INORPO IR[I ISrIItISI[I 1961 1776 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO LAURA FREESE THOMAS W. HRIBAR MARK NIELSEN DR. LONDRES USO The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, December 16, 2008 in the City Council Chamber in City Hall, to consider: "Consideration of an Agreement for Landscape Maintenance Services (E. Stewart and Associates, Inc.)" — Item No. D7. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, December 15, 2008 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Jill Thomas, Senior Management Analyst. You may contact that staff member at (949) 443-6362 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.orci. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk a@sanivancapistrano.org. Meg Monahan, MMC City Clerk cc: E. Stewart and Associates, Inc; Nasser Abbaszadeh, P.E., Public Works Director; Jill Thomas, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future 0 Pnnte on 100% recycle peper