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Excel Landscape, Inc. A2015-241 )-aIS- )-`+t MAINTENANCE AGREEMENT BETWEEN THE CITY OF CHINO HILLS AND EXCEL LANDSCAPE, INC. THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 10th day of November, 2015, by and between the CITY OF CHINO HILLS, a general law city and municipal corporation ("CITY") and EXCEL LANDSCAPE, INC. ("CONTRACTOR"). The Parties agree as follows: 1. CONSIDERATION A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR an annual amount not to exceed $134,784.00 on the terms set forth in the attached "Exhibit A," which is incorporated by reference, for CONTRACTOR's services. Payments shall be made within thirty (30) days after receipt of each invoice as to all undisputed fees. If the City disputes any of CONTRACTOR's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 2. TERM The term of this Agreement will be from November 11, 2015 to December 31, 2017. The Agreement may be renewed in advance and in writing by the City Manager for two additional one-year terms. 3. SCOPE OF SERVICES A. CONTRACTOR will perform services listed in the attached Exhibit B. B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It Page 1 of 8 is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing wage determination at htto://www.dir.ca.00v/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or Hi. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or iv. When CONTRACTOR provides evidence that CONTRACTOR employs regis- tered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. v. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. vi. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices, Page 2 of 8 vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified' payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 5. FAMILIARITY WITH WORK A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has i. Thoroughly investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Tvpe of Insurance Limits (combined single) Commercial general liability: $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of ISO-COL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth Page 3 of 8 above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. 7. TIME FOR PERFORMANCE CONTRACTOR will not perform any work under this Agreement until CONTRACTOR furnishes proof of insurance as required under Section 6 of this Agreement; and 8. TERMINATION A. Except as otherwise provided, CITY may terminate this Agreement upon providing written notice to CONTRACTOR at least thirty (30) days before the effective termination date. Notice of termination will be in writing. In the event of such termination, CONTRACTOR shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. Page 4 of 8 D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 9. INDEMNIFICATION A. CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney's fees and penalties), injuries, or liability, arising out of this Agreement, or its performance including, without limitation, damages or penalties arising from CONTRACTOR's removal, remediation, response or other plan concerning any Hazardous Waste resulting in the release of any hazardous substance into the environment, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and volunteers. C. CONTRACTOR expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect. D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. E. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by this Agreement, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means Page 5 of 8 that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 11. NOTICES A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: City of Chino Hills Attn: City Clerk 14000 City Center Drive Chino Hills, CA 91709 To CONTRACTOR: Excel Landscape, Inc. Attn: Jose Alfaro 710 Rimpau, Suite 108 Corona, CA 92879 B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 12. TAXPAYER IDENTIFICATION NUMBER CONTRACTOR will provide CITY with a Taxpayer Identification Number. 13. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 14. SEVERABLE If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 15. CAPTIONS The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. Page 6 of 8 16. INTERPRETATION This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in San Bernardino County. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 17. AUTHORITY/MODIFICATION The terms of this Agreement can only be modified in writing approved by the CITY AND THE CONTRACTOR. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 18. EFFECT OF CONFLICT In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 19. FORCE MAJEURE Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 20. ENTIRE AGREEMENT This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting lead based stabilization. To the extent that there are additional terms and conditions contained in Exhibit "A" that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. Page 7 of 8 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. EXCEL LANDSCAPE, INC. CITY OF CHINO HILLS By AL/ / 'I Al_,Ylil. ,✓. . ,V ,!/l,� / Cynthi.IYoran - ' / �� Mayor Title lj" ATTEST: taiY t rib 0 B �il.i,�.� i- _ I / mil r Cheryl Balz ' / City Clerk Title c% d. / /XX�/1 APPROVED AS TO FORM: Mark D. Hensley') City Attorney Page BofB EXHIBIT A City of Chino Hills Landscape Maintenance Services Cost Proposal Community Center, Community Park, and McCoy Center Zone Description Monthly Cost Annual Cost FULL SERVICE Service Starting November 11, 2015 031-8400 Community Park $ 3,931.20 $ 47,174.40 001-8400 McCoy Equestrian Center $ 2,808.00 $ 33,696.00 001-2510 Community Center $ 4,492.80 $ 53,913.60 Total Annual Cost : $ 134,784.00 Total Monthly Proposal: $ 11,232.00 City of Chino Hills Landscape Maintenance Services - Cost Proposal Extra Work and Capital Improvements Hourly Rates Regular Time Overtime Supervisor $65.00 $97.50 Laborer $30.00 $45.00 Specialty Personnel $ a. r2 2s.cr a/0/1 .r€A $ h 5 . — $ /7,50 b. $ $ c, $ $ d. $ $ e. $ $ Turf Maintenance Mowing $450.00 /acre Edge&Trim $ 20.00 /1,000 LF Fertilization (placement only) $ 50.00 /acre Aerification (w/out removal of cores) $200.00 /acre Thatching (Incl. removals) $750.00 /acre Weed Control $ 75.00 /hour Pest Control $ 75.00 /hour Irrigation* a. New $ Quote /hour b. Repairs $ 55.00 /hour Landscape Maintenance (shrub &aroundcover) Edge&trim $ 50.00 /1,000 LF Weed& clean-up $ Quote /10,000 SF Fertilization (placement only) $ 50.00 /acre Pest Control $ 75.00 /hour Pruning -shrubs $ Quote /10,000 SLF Pruning -trees over 18'but less than 40' $ Quote /EA Vertical mulch-trees $ Quote /EA Vegetation removal $ Quote /acre Irrigation* a. New $ Quote /hour b. Repairs $ 55.00 /hour 1 of 2 City of Chino Hills Landscape Maintenance Services - Cost Proposal Extra Work and Capital Improvements Snorts Turf Maintenance Mowing $500.00 /acre Edge &trim $ 1.00 /LF Fertilization (placement only) $ 50.00 /acre Aerificatlon (w/out removal of cores) $200.00 /acre Thatching (incl. removals) $750.00 /acre Weed Control $600.00 /acre Pest Control $ 600.00 /acre Ballfield $ 125.00 /ballfield (Infield approximately 7,000 SF) Plant Material (installed -any landscape or sports turf area) Annual color(4') $ 2.00 /EA Ground cover $20.0D /Flat • 1-Gallon (less than 50 units) $ 8.00 /EA 1-Gallon (more than50 units) $ 8.00 /EA 5-Gallon (less than 50 units) $22.00 /EA 5-Gallon (more than 50 units) $22.00 /EA 15-Gallon (less than 10 units) $95.00 /EA 15-Gallon (more than 10 units) $95.00 /EA 24"box tree $250.00 /EA • Seeded turf $ .015 /SF Sodded turf $ 1.50 /SF Stolonized turf $Quote /SF Hydroseed $ .25 /SF Average Casts for Maintenance Chances: Average annual cost for total turf maintenance $ 100 . 00 /10,000 SF Average annual cost for total planter maintenance $ 10 0 . 0 /10,000 SF Emeraencv Call-out-only if irrigation reports are current $ 75 � /hour *Irrigation: Material& Equipment costs shall be the actual cost plus 15% mark up. Equipment includes reasonable rental time, 2of2 Exhibit B Scope of Work 1. General: The City has a variety of requirements for maintenance in different types of areas. They are separated into a number of categories and defined as follows: • Landscape and Irrigation Maintenance Requirements: See Appendix A • Facility maintenance requirements. See Appendix B • Pesticide Use: See Appendix C • Weed and Pest.Control: See Appendix D • Fertilization Schedule: See Appendix E • Reports and Scheduling: See Appendix F • Deficiency Forms: See Appendix G • Irrigation Report Form: See Appendix H • Water Management: See Appendix I 2. Safety: a. The Contractor shall be responsible for providing a safe work place and for compliance with standards and regulations of the California Occupational Safety and Health Act (CaIOSHA), Federal Occupation and Safety Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), and any other applicable government laws of City Risk Management standards. b. The Contractor will make every effort to keep driveways open during working hours. 3. Timing Requirements: a. The Contractor will be required to complete landscape maintenance services as scheduled. At no time shall a vendor, for more than five (5) consecutive working days, fail to perform their contractual duties. Failure to perform for more than five (5) consecutive days may constitute a breach of contract and the contract may be terminated in thirty (30) days with an issuance of Notice to Terminate. b. Working hours commence at 7:00 a.m. and cease at 4:00 p.m., Monday through Friday unless otherwise directed by City staff. 4. Emergency Numbers & Call Outs: The Contractor shall have the capability to receive and respond immediately to calls of an emergency nature during normal working hours and outside of established working hours. Call of an emergency nature received by the City shall be referred to the Contractor for immediate disposition. a. The Contractor shall be available 24 hours per day, seven days per week to respond to all emergency calls within one (1) hour of notification. Failure to respond in such time may result in a $200 penalty per incident. b. In the event that emergency work is required, the Contractor shall notify the City's representative by telephone in advance of any work performed. Non- emergency maintenance work requires written approval before the work is performed. c. The Contractor shall supply the City with any names and phone numbers of responsible persons representing the Contractor for 24-hour emergency response. The aforementioned shall remain current at all times. Any charges shall be forwarded to the City in writing with one working day of such change. Failure to maintain emergency information current shall result in a $200 penalty per incident. 5. License & Permit Requirements: Contractor shall possess and maintain the following: a. C-27 Contractor's license b. Pest Control Applicator's license, State of California. Note: Contractor shall also obtain all local agency pest control licenses and restricted use permits as required. c. City of Chino Hills Business License. 6. Extra Work/Changes to the Contract: a. In the event that the Contractor is required by the City and agrees to perform extra work, the following procedures are established: (1) Work will be executed under the direction of the City for an agreed upon lump sum or on a time and material basis, as established prior to commencement of the extra work. (2) The City will issue a work request for such extra work to be performed. 2 (3) Labor costs shall be based upon prevailing wage scale, as verified by certified payroll. Payroll taxes, insurance, pension, and other direct labor costs shall be included. (4) Material and equipment costs shall be the actual cost plus 15% mark up. Equipment includes reasonable rental time. (5) The Contractor shall maintain records sufficient to distinguish the direct cost for extra work. Such costs will be submitted on forms furnished by the contractor and shall include itemized costs for labor, materials, and equipment. b. Changes to the Agreement: Changes in areas to be maintained may be made as the City accepts new areas and or relinquished control of currently maintained areas. Any and all such changes shall only be made upon written notification in the form of a change order. Costs to add/delete landscape maintenance areas shall be limited to original rates or extra work prices. The City reserves the right to delete any site from the contract upon 30 days written notice. (1) The City reserves the right to make additions, deletions, revisions, or otherwise modify the contract maintenance specifications. (2) Any changes in the specification which cause the Contractor to suffer additional expense shall be negotiated upon written justification. 7. Supervision & Special Skills: The Contractor shall assign a supervisor working regular hours for the duration of the Contract. He shall have a minimum of seven (7) years experience in landscape maintenance supervision. The Contractor or his staff shall have experience and expertise in turf management, entomology, pest control, soils, fertilizers, plant identification, park facilities, and irrigation system maintenance. Supervisor shall be capable of communicating effectively, both orally and in writing, in English. Furthermore, his background must include experience in Public Works projects of the type found in the City of Chino Hills. 8. Dress Code and Appearance: The employees of the Contractor working under the contract shall be neat and clean and wear uniforms with the Company name and Employee name at all times. 9. Protection of Property During Inclement Weather: a. During periods of storms, the Contractor will provide supervisory inspection of the maintenance area to prevent or minimize possible damage from inclement weather. The Contractor shall submit a report identifying any storm damage to the City's representative with a map attached identifying the location of the damage and an estimate cost of repair/replacement. If remedial work is required beyond the scope of the contract, it shall be paid as extra work. 3 b. The Contractor is responsible for removing branches and leaves downed by high winds or other typical environmental conditions as follows: (1) Remove, at no additional cost, all debris regardless of disposition of affected tree, shrub, or any other landscape related item within 48 hours of notification or self-discovery. (2) Leaves or other landscape debris which accumulates in street gutters adjacent to the Contractor's area of work shall be removed by the Contractor at no additional charge. (3) Debris inhibiting the proper flow of water in "V" ditches and other structures shall be removed as needed to prevent flooding or damage to property at no additional charge. All debris will be removed from the landscape area. c. Damage caused by or increased costs incurred by the City as a result of the Contractor's not maintaining any site in a satisfactory condition prior to inclement weather will be charged to the Contractor. 10. Protection of Existing Facilities & Structures: a. The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities both above the surface and underground on the City's property. Any damage to City property deemed to be caused by the Contractor's negligence shall be corrected or paid for by the Contractor at no cost to the City. b. If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any hazardous conditions and underground systems, i.e., utility lines. The Contractor shall take reasonable precautions when working in these areas. Any damage or problems shall be corrected or repaired at the Contractor's expense and reported immediately to the City. 11. Payment Withheld/Deducted: a. Work required in the specifications that is defective, incomplete, or not performed to the standards as outlined in the agreement may be assessed a delinquency fee dependent upon the severity (1) $25, (2) $50, and (3) $100 per occurrence. b. Claims filed or reasonable evidence indicating probable filing of claims for damages caused by the contractor to private or public property. 4 c. Failure of the Contractor to make payments properly to employees, subcontractors, or vendors for materials or services provided. d. Expenses incurred by the City to perform work required in the specifications that is defective, incomplete, or not performed. e. Costs incurred by the City due to extra administration costs for additional inspections and subsequent correspondence/notifications. 12. Termination Upon determination by the Public Works Director that the quality of workmanship being performed by the contractor does not meet the standards set by the City of Chino Hills as outlined in the specifications and/or for non-compliance of any provisions of the agreement entered into, the City may terminate this agreement upon thirty (30) days written notice to the Contractor. 13. Payment and Performance Bonds: The successful contractor will be required to furnish, for the City Attorney's approval, both a Labor and Material Payment Bond in the amount of 100% of the contract price and a Contract Performance Bond equal to 100% of the Contract Price as surety for the faithful performance of this contract within ten (10) days of a Notice of Award of contract. Said bonds must remain in effect for the duration of the contract. The surety company shall be required to notify the City in writing no less than thirty (30) days prior to cancellation of the performance bond. Premium for the bond described above shall be paid by the contractor. The surety of the bond shall be a duly authorized corporate surety, authorized to do bond business in the State of California. City Responsibilities The City will provide the vendor with appropriate staff assistance to carry out the vendor's efforts. The manager of the landscape maintenance contract(s) will be the Parks & Open Space Supervisor. The City will also provide the vendor with maintenance area maps & schedules. Administrative Elements 1. The Contractor shall assign a responsible representative and an alternate to coordinate with City staff. Any other changes in responsible representative must be approved, in advance, by the City. The City will have the right to reject other proposed changes in personnel and may consider any other changes in responsible personnel a breach of contract. 2. The Contractor shall provide all necessary personnel, instruments, equipment, and materials to perform the described services. 5 Subcontractinca 1. The Proposer may utilize the services of specialty Subcontractors on those parts of the Work that, under normal contracting practices, are performed by specialty Subcontractor. It is understood that at least 50% of the work to be performed shall be performed by the Contractor. Any subcontractor used must adhere to the same terms and conditions as the successful Contractor. The Proposer is representing to City that Proposer has all appropriate licenses, certifications, and registrations to perform the work hereunder. 6 Appendix A Landscape Maintenance Requirements Chino Hills Community Park, Community Center and McCoy Equestrian Center 1. Fescue Turf(see section 2 for Bermuda) a. Mowing: The Contractor shall mow all turf grass with properly sharpened and maintained equipment in a manner that ensures a smooth surface without ridges, depressions or scalping. Mowing patterns shall be alternated on a weekly basis. b. Frequency: Turf grass shall be mowed one (1) time per week from March 1 through November 1, and every other week from November 1 through March 1. c. Height: Lower cutting heights are preferred. Turf grass mowing heights may be adjusted by the City during turf grass renovations, special events or as deemed necessary to promote the health and vigor of the grass. d. Clippings: All Clippings shall be efficiently bagged to leave no visible trace and removed to a designated dumping site. Mulching mowers may be used, but at no time shall unsightly clippings be left following mowing operations. e. Edging: All edges of turf shall be mechanically edged. Turf grass edging and trimming shall be performed weekly at the time of mowing. All clippings shall be removed before vacating a site. All edging shall be down with a power edger containing a steel blade. In certain situations where a string trimmer may be more effective, the City may allow its use. f. Weeds: All turf grass areas shall be kept free of weeds at all times. Weed removal shall consist of complete removal of all weeds, including top growth and roots. g. Pre-emergent Herbicide: Pre-emergent herbicides labeled for use on turf shall be applied per the Annual Maintenance Calendar (See Appendix E). h. Fertilizer: Fertilizer type and application requirements are listed in the Annual Maintenance Calendar (See Appendix H). This is a minimum requirement. Turf grass shall be continually fertilized to maintain a healthy, vigorous growing condition with horticulturally accepted growth and color. The Contractor may be required to determine plant nutrient requirements by appropriate methods, to include soil and/or leaf analysis. The Contractor shall follow Best Management Practices (BMP's) to meet National Pollutant Discharge System (NPDES) requirements when applying fertilizer. (1) The Contractor shall notify the City in writing five (5) working days prior to any fertilizer application. This notification shall include: location and exact date of application; type of fertilizer and method of application. (2) The Contractor shall immediately irrigate after each fertilizer application, unless otherwise directed by the City. All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application. All fertilizer shall be removed from hardscape and other, non-grass areas. Any damage or streaking of turf shall be repaired by the Contractor at no cost to the City. i. Irrigation Management: City staff will provide program schedules for all controllers. The Contractor is responsible to observe and notify city staff of problem areas, including but not limited to dry spots, flooded or over watered areas, broken heads, pipes, valves, and assist with inspections when required. j. Turf Reseeding and Restoration of Bare Areas: Overseed all damaged vandalized or bare areas to re-establish turf to an acceptable quality on a continual basis. Reseeded areas shall receive supplemental water by hand or portable sprinkler as needed to establish turf. Top dressing, seeding and application rate shall be approved by the City. k. Aeration: Contractor will assist city staff in flagging heads prior to aeration. In those areas where soil conditions are poor, the City may require top dressing. When top dressing is required, the Contractor shall submit a request for extra work in writing. This request must be approved prior to the work being scheduled. (1) Contractor will notify City staff of any areas that show excessive compaction. Those areas shall receive additional treatment, such as aerification as required to alleviate this condition. I. Renovation: Renovation of turf grass shall be performed once per year. Turf renovation shall consist of aerifications, vertical mowing (dethatching), fertilization, repair, reseeding, and top dressing. Ruts, holes, low areas that do not drain, settling and any condition which may be hazardous shall be corrected as part of the renovation process. These services shall be included as part of the basic contract, 2. Bermuda Turf: a. Mowing: The Contractor shall mow all Bermuda grass with properly sharpened and maintained equipment in a manner that ensures a smooth surface without ridges, depressions, or scalping. Mowing patterns shall be alternated on a weekly basis. b. Frequency: Bermuda grass shall be mowed two (2) times per week from March 1 through November 1, and one (1) per week from November 1 through March 1. c. Height: Lower cutting heights are preferred. Turf grass mowing heights may be adjusted by the City during turf grass renovations, special events, or as deemed necessary to conserve water or promote the health and vigor of the grass. (1) Bermuda grass shall be cut at 1" throughout the year- or as directed by the City. (2) Bermuda grass with perennial Rye grass shall be mowed no taller than 1'/2" or as directed by the City. d. Machine type: (1) Over seeded Bermuda turf blends may be mowed with rotary or reel type mowers as directed by the City. (2) Bermuda turf grasses shall be cut with reel type mowers, unless otherwise approved by the City. e. Clippings: All Clippings shall be efficiently mulched to leave no visible trace OR picked up and removed to a designated dumping site. At no time shall unsightly clippings be left following mowing operations. f. Edging: All edges of turf shall be mechanically edged. Turf grass edging and trimming shall be performed weekly at the time of mowing. All clippings shall be removed before vacating a site. All edges adjacent concrete shall be edged with a power edger containing a steel blade. In certain situations where a string trimmer may be more effective, the City may allow its use. g. Weeds: All turf grass areas shall be kept free of weeds at all times. Weed removal shall consist of complete removal of all weeds, including top growth and roots. h. Pre-emergent Herbicide: Pre-emergent herbicides labeled for use on turf shall be applied per Appendix E. i. Fertilizer: Fertilizer type and application requirements are listed in the Annual Maintenance Calendar (See Appendix H). This is a minimum requirement. Turf grass shall be continually fertilized to maintain a healthy, vigorous growing condition with horticulturally accepted growth and color. The Contractor may be required to determine plant nutrient requirements by appropriate methods, to include soil and/or leaf analysis. The Contractor shall follow Best Management Practices (BMP's) to meet National Pollutant Discharge System (NPDES) requirements when applying fertilizer. (1) The Contractor shall notify the City in writing five (5) working days prior to any fertilizer application. This notification shall include: location and exact date of application; type of fertilizer and method of application. (2) The Contractor shall immediately irrigate after each fertilizer application, unless otherwise directed by the City. All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application. All fertilizer shall be removed from hardscape and other, non-grass areas. Any damage or streaking of turf shall be repaired by the Contractor at no cost the to the City. (3) The Contractor shall provide labels or containers of applied materials upon application when requested by the City. j. Irrigation Management: The Contractor shall provide a monthly report for each site that records all irrigation repairs, controller programming, and status of the overall system. (Appendix H) The report shall be on the form provided by the City and shall be submitted at the monthly meeting. All turf areas shall be irrigated per schedules provided by the City, for the appropriate season, to maintain adequate growth, appearance and water conservation efforts. (a) Inspection: The Contractor shall conduct weekly irrigation system tests on all turf and bi- weekly irrigation tests on all adjacent non-turf landscape areas. (b) Repairs: The Contractor shall make all irrigation repairs within 24 hours of self-discovery or notification. Replacement of irrigation components shall be with originally installed materials of the same size & quantity. Substitutions must be approved by the City. All main line repairs must be inspected and approved in writing by the City. Prior to making the repair, any mainlines greater than 1'/2" will be made with clamp-on fitting (not slip-fix) k. Turf Reseeding and Restoration of Bare or Damaged Areas: Due to the designed use of the Bermuda lawn at the Community Center it may be necessary to do minor repairs. Depressions over 1/2" in depth shall be filled in with weed-free fill sand to existing grade. Overseed all damaged, vandalized or bare areas to re-establish turf to an acceptable quality on a continual basis. Reseeded areas shall receive supplemental water per controller adjustment by hand or portable sprinkler as needed to establish turf. Top dress, seed and application rate shall be approved by the City. 1. General: The Contractor shall be responsible for providing all labor and materials necessary for the upkeep of the Bermuda turf at the Community Center. Since this turf is at a high use facility, maintenance operations must be performed during short breaks in athletic scheduling to accomplish required turf care. 2. Landscape Maintenance: All specifications contained within the contract apply to Bermuda turf maintenance requirements. In the event of conflicting requirements, the higher level of maintenance shall apply. 3. Renovation: The purpose of Bermuda turf renovations is to repair bare and thinning turf areas. The Community Center turf shall receive two renovation operations per year— one in the summer and on in the winter. Note that the flagging of irrigation heads is required prior to starting any work. a. Spring Renovation: (1) Where possible, mow turf ''14" lower than normal. (2) All turf shall be dethatched, as necessary, using a vertical mower set at a height appropriate for summer growing conditions. Spring dethatching will generally result in the removal of half the amount of turf removed in winter dethatching operations. (3) All turf shall be aerated with hollow tine or approved equipment in perpendicular direction to a depth of at least 3". Cores shall not exceed 3" apart. Remove all cores. (4) Depressions over 1/2" in depth shall be filled in with weed-free clean sand to existing grade. (5) Reseeding of thinning areas shall not exceed ten (10) acres, per service area, at a rate of not-to-exceed 7 lbs. per 1,000 SF for Bermuda and 10 lbs. per 1,000 SF for fescue or other cool season grasses. On bare dirt seed rates will be 10-13 lbs per 1000 sq. ft. (6) Fertilize the entire site with Best 9-Iron Minis or better per label application rates. (7) Top dress seeded areas with top dressing material provided by the City. (8) For larger repairs of hybrid Bermuda: Matching sod shall be installed at the site as per major renovation specifications. Quantity shall not exceed 3,000 SF per year at this site. b. Fall Renovation: (1) Where possible, mow turf 1/2" lower than normal. (2) Dethatch all turf using a vertical mower , as necessary, adjusted to make contact with the soil. In most cases, winter dethatching will result in the removal of 30 percent of existing turf mass. (3) All turf shall be aerated with hollow tine or approved equipment in perpendicular direction to a depth of at least 3". Cores shall not exceed 3" apart. Remove all cores. (4) Depressions over 1/2" in depth shall be filled in with weed-free amended topsoil to existing grade. (5) A Bluegrass/Perennial ryegrass blend shall be planted in turf areas not to exceed 10 acres, per service area, at a rate of not-to-exceed 7-10 lbs. per 1,000 SF. Seed must be approved by the City's representative prior to reseeding. (6) Winter sodding of bare areas shall not exceed 3,000 SF per site. (7) Fertilize the entire site at time of renovation with Best Nitra King or better per label application rates. (8) Top dress seeded areas with top dressing material provided by the City. (9) Hybrid Bermuda fields will not require dethatching as part of the winter renovation. 3. Shrub Maintenance a. Shape: All shrubs are to be trimmed symmetrically and in proportion to planting area. They shall not interfere with vehicular or pedestrian clearance, visibility and access unless otherwise directed by the City's representative. b. Fertilizer: Fertilize all ground cover and shrub beds four (4) times per year by the end of the first week of the following months: March, May, August and November (per Maintenance Schedule, Appendix A). c. Pre-emergent: To be completed twice annually by the end of the first week of March and October. d. Pruning: Prune shrubs to encourage healthy growth habits, natural form and proportion, symmetrical appearance, and proper vertical and horizontal clearance. e. Shearing: Only those plants specifically designated by the City's representative shall be sheared. These plants may also require additional thinning to maintain a healthy look and condition. f. Shrubs adjacent to walkways or seat planters may require raised pruning to allow for proper removal of litter and debris. 4. Ground Cover Maintenance a. Trimming: All ground cover is to be trimmed so as not to interfere with irrigation operations or to encroach onto private property of the Public Right-of-Way. All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop. All ground cover areas shall be pruned to maintain neat but natural (not sheared) edges. All ground cover is to be kept a minimum of 6" from, but not limited to, all trees, shrubs, sidewalks and fences unless otherwise directed by the City's representative. All ground cover shall be pruned away from valve boxes. b. Fertilizer: Fertilizing all ground cover and shrub beds to include but not limited to four (4) times per year by the end of the first week of the following months: March, May, August and November (per Maintenance Schedule, Appendix A). c. Pre-emergent: To be completed twice annually by the end of the first week of March and October at the maximum allowable rate per the manufacturer's labeled recommendations. Thick ground cover areas (acacia or myoporum) may be excluded if weeds are not a maintenance problem. 5. Trimming of Trees: a. Height: The Contractor is responsible for trimming trees under 18' in height. Lower branches on branches shall not be removed except as directed by the City. The Contractor Field Representative must be trained by the City Arborist prior to trimming. b. Specifications: All pruning and staking shall conform to International Society of Arborists (ISA) standards and specific directions by the City's representative. The Contractor shall not allow any tree to be "topped" unless specifically directed by the City's representative. c. Timing: Trees shall be trimmed at appropriate times of the year based upon the species of the tree and the needs of the City. Minimum requirements shall be one pruning per year. d. Fallen Trees: All trees fallen by any cause shall be restaked, guy-wired or removed within 24 hours of self-discovery or notifications by the City's representative. e. Staking: Periodic checking of staking and tying shall be done as needed, but at least one time per month. (1) Trees will be staked using two (2) stakes per tree, and the staked shall be pentachlorophenol treated lodge pole pine. Stakes shall be placed vertically, 8" — 10" from the tree trunk and shall not rub against any part of the tree during windy conditions. (2) Trees shall be tied using materials and methods approved by the City's representative. f. Unstaking: All tree stake removal to be done at the request of the City's representative only. g. Minor trimming: Trees shall be trimmed as needed to prevent obstruction of walkways, sidewalks, signs or other public improvements, Trees shall be raised off the ground at the discretion of the city staff arborist. h. Hazardous Conditions: All trees shall be inspected regularly for hazardous conditions. Corrective action shall be performed by the Contractor and the City shall be notified, Appendix B Facility Maintenance Requirements Chino Hills Community Park, Community Center and McCoy Equestrian Center 1. General: The following apply to all landscape maintenance areas: a. All animal feces or other materials detrimental to human health shall be removed upon discovery. b. All broken glass and sharp objects shall be removed upon discovery. c. All areas shall be inspected and maintained in a neat, clean and safe condition at all times. d. All hardscape areas shall have leaves and debris removed by means of blower or vacuum. e, All play equipment shall be inspected for vandalism, safety hazards and serviceability on service day. Deficiencies shall be reported immediately in writing to the City. f. All sidewalks within the maintenance areas shall be cleaned to remove any debris. In addition, all sidewalk areas shall be thoroughly washed in conjunction with the scheduled weekly site maintenance. g. All sidewalk areas abutting maintained areas shall be cleaned when soiled by the Contractor's operations and at other times as required. h. All leaves, paper and debris shall be removed from landscaped areas and disposed of off-site, i. Trashcans provided by the City shall be emptied and tops washed after emptying, as necessary (as determined by the City). The City shall provide plastic liners for all trashcans to be changed. j. All concrete "V" drains, to include that portion under the sidewalk, shall be kept free of vegetation, debris and algae to allow unrestricted flow of water. k. 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 City immediately in writing. 2. Hard Surface Areas: These areas include, but are not limited to, concrete sidewalks, bicycle trails, parking lots, etc. a. All hardscape areas shall be swept or blown clean to remove all debris. b. All areas shall be inspected and maintained in a neat, clean and safe condition at all times. 3. Bicycle Trails/Equestrian Trails: Special emphasis shall be placed on chemical edging along these areas to prevent damage to the asphalt from vegetation. Equestrian trails shall be kept free of encroaching vegetation. Erosion repair and smoothing/grading of equestrian trails shall be performed as often as needed to maintain a safe trail. All repairs shall be made by the Contractor at no cost to the City. Appendix C Pesticide Use Chino Hills Community Park, Community Center and McCoy Equestrian Center 1. General The Public Works Department of the City of Chino Hills solicits and encourages the use the effective alternate pest control measures. Pesticides include but are not limited to fertilizers, weed and pest abatement chemicals. a. Any pesticide applications are to be made by or under the supervision of a person holding a valid license, permit or certificate pursuant to Sections 11701 and following of said code, whichever may be required by applicable State of local law or regulation. Said person or company is to be currently registered to conduct a pest control business in the State of California and the County of San Bernardino. b. Prior to the beginning of application, the Contractor shall supply to the City a list of all proposed chemicals to be used. Labels and Material Safety Data Sheets (MSDS) for all listed chemicals shall be supplied at this time. Copies of applicable Pest Control Advisor and Qualified Applicator Licenses or certificate shall be submitted, as well as documentation of County Registration. (1) The City shall be notified in writing of any changes or deviations to the aforementioned list. Application of deviated materials shall not be made without prior approval by the City. c. Pesticide applications are to be made in strict compliance with the label directions, restrictions and precautions as well as with any other requirements deemed necessary by any Federal, State or County regulatory agency, or by the Public Facilities and Operations Department of the City of Chino Hills. d. A five (5) working day written notice shall be given to the City prior to any pesticide applications. The Notice shall include the name of the chemical, area, rate, method of application and time of day. e. The City must give consent prior to application of any Category 1 or restricted use pesticide. 2. Required Reports a. The Contractor shall be responsible for filing all required records and reports, including but not limited to "Notice of Intent to Apply" and "Pesticide Use" reports as specified by all Federal, State and County agencies. Said reports shall contain accurate and valid information. Copies of all records and reports shall be submitted prior to application of pesticide. b. The Contractor shall record and maintain accurate records of all pesticide applications. Records shall include date, time of day, location, type of chemical, quantity of chemical, method of application and environmental data. c. A pest monitoring report for each site shall be submitted to the City by the first day of each month. This report shall include the site number, date, identification, extent and location of pest problems (if any), record of previous control measures, name of inspecting personnel and proposed control measures if deemed necessary. d. The City shall be notified verbally within 48 hours and in writing within five (5) working days of any new pest problems previously unreported and observed by the Contractor. 3. Application of Pesticides: a. Timing: Pesticides shall be applied at times, which limit the possibility of contamination from climatic or other factors and at the proper life cycle of the pests. Early morning application shall be used when possible to avoid contamination from drift. Applicator shall monitor the weather forecast to avoid making application prior to inclement weather and to preclude runoff to treated areas. b. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficacy, it shall be applied only in quantities consistent with the treated area's capacity without excessive runoff. c. Handling of Pesticides: Care shall be in taken in transferring and mixing pesticides to prevent contaminating areas outside of the target area. Application methods shall be used which ensure that materials are confined to the target area. Spray tanks containing left over material shall NOT be drained on the site to prevent contamination. Handling and disposal of pesticides and tank rinsing materials shall be within the guidelines established by the California Department of Pesticide Regulation or EPA regulations, as applicable. d. Equipment and Methods: Spray equipment shall be in good operating condition, quality and design to efficiently apply materials to the target area. Drift will be minimized by avoiding high-pressure applications and using water-soluble drift agents. A spray pattern indicator shall not be used unless authorized by the City. e. Selection of Materials: Pesticides shall be selected from those materials that characteristically have the lowest residual persistence. The use of adjunctive will be to increase pesticide efficacy, thereby reducing the total amount of technical material required to gain control. f. Substitutions: Whenever a specific type of material is called for, no substitutions shall be allowed without the written consent of the City. Appendix Weed & Pest Control Chino Hills Community Park, Community Center and McCoy Equestrian Center 1. General: Control of horticulturally damaging plant pests (insects, diseases, vertebrates, mites, etc.) shall be the responsibility of the Contractor. Written recommendations by a licensed California Agricultural Pest Control Advisor must be submitted to the City prior to any application of pesticides. Control shall mean the prevention or eradication of any pest to the satisfaction of the City. The City may determine an acceptable level of impact by any pest and adjust the pest control program accordingly. Proper horticultural practices shall be part of the Contractor's pest control program. Failure to prevent, treat or manage any pest infestation that results in a loss of plant material or creates a risk to public health and safety may be remedied by the City at the Contractor's expense in the form of a reduction in payment. 2. Landscape Areas (Shrubs and Ground Cover) shall be maintained weed free through proper mechanical, chemical or horticultural practices. a. All landscaped areas shall be treated with an appropriate pre-emergent herbicide at the maximum allowable rate according to the label and State Regulations. This treatment shall be performed per the annual maintenance calendar (see Appendix E). b. All areas within the boundaries of a given site, which are not landscaped, shall be treated monthly to eliminate weeds. c. Snail Control: Snails shall be controlled on an as-needed basis on all plant material, as determined by the City. 3. Turf shall be maintained weed free through proper mechanical, chemical or horticultural practices. a. When weed population is excessive, as determined by the City, an appropriate herbicide shall be applied in accordance with all label specifications. b. In all areas prone to weed intrusion, applications of appropriately labeled pre-emergent herbicide shall be required per the annual maintenance calendar (see Appendix E). c. Areas not maintained weed free will be removed and re-sodded at no additional cost to the City. d. All turf areas with fungus infection shall be treated with an appropriate fungicide as directed by the City. e. All other disease, fungus and pest problems will be treated on a site-and need-specific basis with the knowledge and consent of the City. f. Turf damaged caused by disease and pests shall be repaired or replaced at no extra cost to the City. 4. Weed Control of Paved Surfaces: The Contractor shall be responsible for controlling, by mechanical or chemical means, weeds growing in cracks, or expansion joints, and areas contiguous to the City landscape. 5. Rodent Control: The Contractor shall be responsible for the eradication and control of all rodents, as necessary, on a continual basis. All mounds, burrows, or other damage shall be repaired by the Contractor as required by the City. Failure to successfully manage pests will result in the City performing the work and deducting the cost from monthly payments. All turf damages as a result will be replaced by the Contractor at no cost to the City. Appendix E Annual Maintenance Schedule Fertilization Schedule Apply fertilizer only after soil is wet and irrigation coverage has been verified. Changes in specified materials must be approved by the City prior to application. Turf: Frequency Months Material Rate Annually Dec. 1 22-3-9 5 lbs./1,000 SF Nitra-King or equal Annually Feb. 1 16-8-8 w/20% Dimension 10 lbs./1,000SF Annually May 1 16-6-8 10 lbs./1,000SF Turf Supreme w/Trimec Annually Jul. 1 16-6-8 6lbs./1,000SF Turf Supreme or Equal Annually Oct. 1 38-0-0 7 lbs./1,000SF Nitra King Semi-Annually Mar.1/Sep.1 Aerate Shrub and Groundcover Fertilization and Pre-Emergent Schedule Apply fertilizer to landscape only after soil is wet and irrigation coverage has been verified. Changes in specified materials must be approved by the City prior to application. Groundcovers, Flowerbeds, Shrubs, Trees, etc. Frequency Months Material Rate Annually Dec. 1 Triple 9 5 lbs./1,000SF w/lron Annually Mar. 1 16-8-8 w/Dimension 6 lbs./1,000SF Turf Supreme or Equal Annually May 1 Triple 15 Maximum Rate Per Label Annually Aug. 1 Triple 15 3 lbs./1,000SF Annually Oct. 1 Dimension 270G Maximum Rate Per Label Appendix F Reports and Schedules The Contractor will submit reports and schedules as requested. Failure to submit reports and scheduled in a timely manner will result in a delay of monthly payments. Such reports must be detailed and thorough, and may include, but are not limited to: 1. Suggestions for improving problem areas: As needed or requested by the City. 2. Reports of work planned: Due monthly 3. Cost information to perform extra work as needed or requested by the City. 4. Maintenance Schedule(s): a. The Contractor shall provide a weekly maintenance schedule to the City. b. Notification of any change in scheduled work must be received by the City at least twelve (12) hours prior to the scheduled time for work. c. The Contractor shall adjust his work schedule to compensate for all holidays and inclement weather. 5. Pesticide Use Reports: Due at the end of each month. 6. Accident Reports: Due within 24 hours of the accident. 7. Incident Reports: Due within 24 hours of the incident. 8. Hazard Reports: Due within 24 hours of identification/discovery. 9. Contractor proposal to become part of this agreement. Appendix G Report Forms City of Chino Hills Performance Deficiency Notification The following performance deficiency has been observed and subsequently reported to your representative: Company Location Condition: (1) = Needs Attention (2) = Needs Improvement (3) = Unacceptable (Correct in 7 days) (Correct in 72 hours) (Correct in 24 hours) Turf Ground Cover Shrubs _ Bare Areas/Overseed Missing/Replant Missing/Replant Dead/Stressed Dead/Stressed Dead/Stressed _ Mowing/Edging Trimmed/Walks/Fences Thinned/Pruned Fertilize/Pre-emerge Trimmed/Heads/Boxes Fertilize/Pre-emerge Grassy Weeds Annual Grass Weeds Pests Broadleaf Weeds Broadleaf Weeds AerationNerticutting Fertilize/Pre-emerge Trees Clippings/Debris Pests Missing/Replant Erosion Depressions Rodents Dead/Stressed Rodents Clippings/Debris Arborguard Weeds Cultivation Thin/Prune Suckers Landscaoe/Structrures/Walls Erosion Depressions Fertilize Clean Walks/Gutter Buffer Zone Maint. Pests Clean Drains/V Ditch Stakes/Arborguards Graffiti Removal Reports Hazardous Conditions Pesticide Use/NOI Tot Lots Weeds Irrigation Testing Sand Raked/Cleaned Controller Programming Sand Roto-Tilled Comments: Irrigation Broken Heads Arc Adjust Turf Overwater Missing Heads Clogged Nozzles Turf Underwater Leaning Heads Leaky Seals G.C. Overwater Stake Heads Valve Conditions/Leaks _ G.C. Underwater Box/Lid Conditions Programming Comments: In accordance with the provisions of the contract, corrective action must be accomplished within the specified time, Initiate corrective action(s) and notify the City's representative when complete. Invoices will be subject to deductions of(1) $25, (2) $50, or (3) $100 if deficiencies are not corrected. Received By: Company: Issued By: Date: City of Chino Hills Performance Deficiency Status Memo The following performance deficiency has been observed and subsequently reported to your representative: Company Location Performance Deficiency Notification Date: On , I reinspected this area. The following deficiencies were: C=Corrected/Un=Uncorrected Turf Ground Cover Shrubs Bare Areas/Overseed Missing/Replant Missing/Replant Dead/Stressed Dead/Stressed Dead/Stressed Mowing/Edging Trimmed/Walks/Fences Thinned/Pruned Fertilize/Pre-emerge Trimmed/Heads/Boxes Fertilize/Pre-emerge Grassy Weeds Annual Grass Weeds Pests Broadleaf Weeds Broadleaf Weeds AerationNerticutting Fertilize/Pre-emerge Trees Clippings/Debris Pests Missing/Replant Erosion Depressions Rodents Dead/Stressed Rodents Clippings/Debris Arborguard Weeds Cultivation Thin/Prune Suckers Landscaoe/Structrures/Walls Erosion Depressions Fertilize Clean Walks/Gutter Buffer Zone Maint. _ Pests Clean DrainsN Ditch Stakes/Arborguards Graffiti Removal Reports Hazardous Conditions Pesticide Use/NOI Tot Lots Weeds Irrigation Testing Sand Raked/Cleaned Controller Programming Sand Roto-Tilled Comments: Irrigation Broken Heads Arc Adjust _ Turf Overwater Missing Heads Clogged Nozzles Turf Underwater _ Leaning Heads Leaky Seals G.C. Overwater Stake Heads Valve Conditions/Leaks G.C. Underwater Box/Lid Conditions Programming Comments: Reinspection Evaluation: Upon reinspection the above listed items noted were found to be deficient, and as reported to the Contractor on the notification date. The Public Works Department has determined the value as follows: Inspector: Date: Total Deficiency Penalty $ Manager: Date: Appendix H Irrigation Report Form City of Chine Oa i 4 litigation Check Form Time Date Start ---- 13VntrOgler 4 Licliti Finish . LOcailcn Veil if- Total__... . __ Ar ag f operatipn '6t41igria 1-32 it a 3 I 4 5 m 7 li i3 Ili .10 1102113114116110111118119i2Q1211221m12.41251251271a J., OK _ I II 1_1_,1 I [ i LI 1 I I I 1 isi piti-Rn IIIIIIIIIil111 . 1i_111111 h1i.1274 rin2.1 1 I ii _ _ 1 Ilvili11„9_ _ hipat riead 1 I I i 1 IIIIIIIII ——__--___ _ [..rmlirAti I i 1-1———1-11 I Fixtin I vt , I— -al-r- I S I t r. __ — --tr.-, — ..',.71arivtd ill IIIF C r VstV Mimi kveJ9 I I r_lhor 1 I: I [ rEI- 1 --I-I I i I I I I I I _ 1 Lantiecep rinadtor, G3ad n—I I 1' 11111 i I I I I I I 1 I I Fri" ; 173i- Pox 1 1 IC II II——---.---1 7- - _I II li II I I I I-4 I : _I_ Ton Mr. LE, I I I III nIiIr -IIIIIII : slruin J_I:_l_L_I I I V I 1 I I -.LA 1 I i 1 I I I 1 LI I I I I Stellons 14-3e a 85 M Controller FPWai-1 Ye.E.; ilo I len! Broken _ ' IRecomm ended U Schad-de I I Fit mad 14:-.Tr I lodspendent Pregnip ' I I Praust Flmtl _ 1O OiXt.,49&Cqmplete I I I [Awl-6rd _ Biuk33.W. 001firrienta , , Paetmium Med trwie - - 011w — Lan ilsc:itis condition _MI_ Moteriola weed _ epoi i _ Fair Pen MONO Strecn li Appendix I Water Management 1. Irrigation Operations & Maintenance: All landscaped areas shall be irrigated as required to maintain optimum growth and appearance. Irrigation shall be accomplished in accordance with the following time frames, unless otherwise approved by the City: a. Parks - Sunday (pm) — Thursday (pm) 10:00 p.m. —6:00 a.m. b. Medians 11:00 p.m. — 5:00 a.m. c. Manual Irrigation 7:00 a.m. — 3:00 p.m. d. Slopes 10:00 p.m. — 5:00 a.m. e. City Facilities (Buildings, etc.) 11:00 p.m. — 5:00 a.m. Irrigation with recycled water is limited to the hours of 10:00 p.m. — 6:00 a.m. Should watering outside of this window be required, it must be continuously supervised to ensure that no accidental contact with the public occurs. 2. Irrigation Responsibilities: a. The Contractor shall conduct weekly irrigation tests for all irrigation systems. The City may notify Contractor verbally or in writing if damage or defects are found during City inspections of irrigation systems. Contractor shall make needed repairs within 24 hours of notification or self-discovery. Contractor shall submit irrigation test reports, on approved form, along with a copy of the current irrigation schedule at weekly meetings. All irrigation systems shall be tested and inspected by the Contractor in accordance with the following: (1) Operate all valves automatically (2) Visually inspect all irrigation heads for proper adjustment, operation, and leakage (3) Review program and verify controller is operating properly (4) Record water meter reading at time of test b. All systems shall be adjusted in order to: (1) Provide adequate coverage of all landscape areas (2) Prevent excessive runoff and/or erosion C-1 (3) Prevent watering of roadways, facilities such as sports courts, walkways, trails, fences, and private property (4) Prevent saturated conditions c. All system malfunctions, damage, and obstructions shall be recorded and corrective action taken per contract requirements. A report of required systems repairs and/or adjustments shall be submitted to the City. d. In addition to required testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed, or reported — daily if necessary. (1) Repair malfunctioning controllers, quick couplers, manual or automatic valves & sprinkler heads within 24 hours of notification or self-discovery. Provide a back-up or temporary controller should repair of City controller be required. (2) The Contractor shall turn off irrigation systems during period of rainfall and when requested by City staff when suspension of irrigation is desirable to conserve water while remaining within the guidelines of accepted horticultural maintenance practices. (3) Once the City Landscape Inspector has acknowledged the necessity to turn on the water again, all controllers shall be activated within 24 hours. (4) Failure to turn off controllers during rain, or to re-active following instruction to do so by the City will result in the issuance of a Performance Deficiency Notice. 3. Irrigation Repairs: a. The Contractor's irrigation staff will be responsible for repair of all site irrigation from the water meter and controller, including QCV's through lateral lines and sprinkler heads. No additional compensation will be provided and cost are to be included as part of the contractors bid price. Backflow prevention devices, RCV's and irrigation main lines are considered "Extra Work" under the contract. The Contractor may be responsible for irrigation controller programming. City water management direction will be implemented. b. The Contractor will make repairs to irrigation damaged by vandalism only after inspection by and approval from a qualified City representative. The cost for repairs to damage caused by vandalism to irrigation equipment will be compensated by the City on a "time and material" basis. Material cost shall be actual cost plus 15% mark up. 4. Personnel C-2 a. The Contractor shall provide competent personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustments, and repair of all types of components to include irrigation controllers, valves, moisture sensing devices, and sprinkler heads. Maintenance personnel will be fully familiar with all brands and models of irrigation equipment used within the City. The City currently operates a Central Irrigation control system utilizing a Rain Master I-Central irrigation system. b. The Contractor shall provide personnel knowledgeable of and proficient in current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies. c. The Contractor shall provide personnel capable of verbal and written communication in a professional level of English. 5. Materials a. The Contractor shall maintain service vehicles equipped with an adequate inventory of medium to high usage items for timely repair of irrigation systems. b. The Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty. c. Repairs of equipment or property damaged by the Contractor or as a result of error or omission by the Contractor shall not be compensated for by the City and are the sole responsibility of the Contractor. d. All materials are to be new and identical type and model to existing materials, unless otherwise directed by the City's representative. All new irrigation heads installed shall be fitted with appropriate nozzles to match the precipitation rate of the head being replaced. 6. Water Management a. Some controllers throughout the City of Chino Hills will be programed by city staff through our central irrigation system. All non-central systems shall be programmed weekly or more often as needed to maintain plants in a healthy, vigorous condition. b. All program changes shall be recorded and submitted to the City on the approved form. c. Water meter readings for each system are to be submitted with the irrigation test report. C-3 d. Controller program is to be sufficient to keep the landscape healthy without excessive water use. At some point the city may specify specific programing due to water budgets or planting projects. e. Controller programs shall incorporate the following conditions: (1) Meet City Water Management requirements (2) Avoid weekend watering when possible (3) Maximize repeat operations (4) Minimize station run times (5) Reflect actual evapotranspiration (ET) requirements (6) Reflect actual requirements of soil and plants (7) Eliminate runoff onto streets, sidewalks, and other non-target areas (8) Provide sufficient time for soil to dry out between watering (9) Maximize community use of City property C-4