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Evolution Landscaping, Inc. - 2016-11-01
iSE, RVICEAGMIMIENT BETWEEN T . ffRCIVOYBUN ND ....EV.Q.1060Lndscaping_ln . FOR Landscape Mal6tVn@ncV, rvice mlflrjgjOhbv�ach uIb urii-oipal Ofpdration cif tho StAlc;.Ozf:Cal lf6rtlia,. herdnAfl& calidd ": % ," and -Evolution Landsapinq Inc. ..California Corperation �ele.lha_ftor :d*effed,w as C64tTkwr A. Tile. City-d to ictaffi tohtra�lQayingsp ��101 and �61d * _Landscapem.ai Maintenance. Service 13;. Ufitm, cfOr r4nuelitt ru- � U-i1tiuml, is able gild villffi 10 -uc'h Sem. ces w_*O City. In�me,daldlig the A Ua.dpr rpm.;that il Is hu its Bella wid. ow oily set)ieo pe&fzdcc A)� 6nlmelbf 1fdUr. lbjs A nt, WIll be:tperfci.=4 '111 cPM04�nce: *ik�a#h ztwndards as pay )rcawmbl*y -bf.- n OX dctd6frft 4 �,Vmpq�ab otw I. - n tbb fiel n i contikett?t has b,6p .,s 1- "66 d to P'Crf uwV) tack N'0 VTHERD` TlA"S ii .;ce l 1 = City. n C.Taras f L -S,,,jube gfkS�c6 shall pruij& ill :sct k Ied jiorop yA es g.p degwibed anti irlpbrpofaLed ]it jtis- A t, by UA8 r f4rtbc"c',lbc'su- shall Som. di.wsz hertfnIAROt be. rof6tred to 'pontrutdr,1% obve .4sig4atos _�$a!Y_Clo lbarra d its Wle C.Onta 6A iind agent al-wrimilta5.6 �W ns- _peFbm..moe6,f.vtQla:fig r nt pa offnahc ageaslopay, drib Obltrqctor agrwstonccbpt fmqtotal P ntfb� 1ts services, iji.e ttm eliz r cs itiezatrFtt cl in rAiRt An.c IaIul oqr� ma or this Agipqmonl shaj 1. 52,976 I's, 'I O*fll Pl.ypieiit r0col b ON jM'bo'niadt Withift 6 Ovang. pt of �.r'Ptf Y P ffivbic� :cvidcMlng wcrk ptrfbrr�d, subject to City. ac 0 pnqoduve.&, Yayi�jmpt -0- unt-ip _r -mdc:favwqrk.wh.i6 6hs:-tc. Meet the stah&i& of fbyth lyi the kpcl�15'.Which f0y.1 iM6'kl t d by,�i�y:, Aa. Y: PI.P111PIrc e r1traact, pa" o� to the; t' rm -4., . Vor Tkbd 16 of tile, O�Ss4xjc'e '-6f this A-mcm4l' 11 of CoOr are t0 C0.1 =-elltu as .�Q,pn "is PW�fz'AI'tzr -t4 o=11fop bf Ibis VS� A emcni by C. it elivat MIWTaix� . . I ejH ract,OcL.l.,2018 :tlnlcs§ -funiinfed-: 0 p io v 19 1 10 11 S_ of - 61S. A gr ream bat till Wk .'spcetfl &i: j Z3, 134*1 ''ill lid ZOMPId"d to later ' th �b -t-or all a .Oct. 1 �2018S ldestgigej yaxtg. 8-VoTkill.g; 4ayq avow tie C-r *' �r10emcllt D'4'te�' The time. for perfomiance: -bf The 6aksiderifffied in EAlbit "X1. att g6ntrall _; bh via m jbit ��JV ly: ed iy. Tyl� _sQh?'.d.uj�-_'ajld Term imay bv"Wremoicd tO:..b,0w.rlt fh-�Trbj-��t if'lrilutual z'm 19 xi�l wnWl tlh:6 06,nu-laen,cornaw late precedes the Eff;cctiva:Dal.6, Nhtractm shOl. be bouad,by-: all t6rms -1 _kxl�- Wafk- QY-A'& City t*ii m set. im a Oti Y, tot, th4lw d ui TxlafhT. A or P_IlanZe81 to the Acqj1p, of sarvices, di6;4bc'd, th E'xb�bli tA 'C(411traCt6t Vj�l tztttl fall istir t-sewOklin' 9 u 't. Ct ft6ftt Oy� Adaio6l dotoewshfidq: for - 'sitch xt.,ra be . . t _ T� 14 atovji�d'pjily ifthe. 6nap-ptoyal,d, ity " -Obt fined; pri T N till, . I T p 15 S. A crut imi ati oi� d Onp s, 'bof fial� and o oe t' tl'ob-s compufer toile; f4A . vi -gin e, p jatgftQ' "011ata or and t, letters -'.elo to City .a icl 9tuithe rmtialk'r to TTy upon �xpir.atln A�rtqgunatof tht. ruP611 P_ ''pot t I S nj. ay oql-d:lay .Coy 49NO .9 lce' -S� -h k z 411113� anc -Vol ecis ftoml ud., allist PTO) yl _. ,, - . 1. v ag t' d d atd d4fetis.p �qpsls, a d ihog r suit ti froth de Ath: p pp_y' IrQd4y Dirt. brill c - 0 -11 g a t"I 0' 7s' 6t Ope r at iohs-.hd zhdcrtakcn 'by coattlot caused in wrote q in p�6 v. s tt2 y 0 ff the it q tx-.. blo, I diog ut. not. 1°irnitcd to cane uxei :t active or p;assivc 11, g ig=ce px)cpt w cre C%I.S�d by .the ac i t�_.ugllger ce sole ;'grlget qea ox willful nisc nd ct of:t c City ; Ca to to �i11 ouciu e aU.. def ri o at its. SOP- cost: Ia c penes- •and Ct shall. appic ve 1 ii ri of ontract got tsd 'This itad�rr�n�€�r :sltA11 apply Co all cla nis gild lx bil ty regarclI6-gs, ai` wh0bei allY iiistifwux polfd-ies ac "a pltQ*bb , The Policy htdta do not act as a lir?�ita�ia�a upon_ tie au7ti�xc �f �dcpiui�a�tavn to be p o�:ided' Iffy �i€xtrac�or- �. �t�rk�rs �Urrrnerisa�ioxi.:tns�rsnce P.ursuar to Califorri a L�bbr Cbde edi 13 i, €�ntrattor .ackz l db agar iss :af 'wctiotz 37pi1 t seq. f s:Ccrdd, ° viiich 'rerluiz ..�veryy ir:ptaye.. to:be:irsxsrccl ga nst ]tat ill y Styr wortsers e4i pci�satiori, t;ocitr ct r cave i tit far it' 11 e n 51} v'itlr szi lx p ti? lions prior t eor�imen its ;gerlo it , al'`tlx vailz � reund r Cohtrac:tojr s; hall obUxi and futdi;sh to City- w6fktW tompepati A �rsd �iri�l� is .Iiability n tsa tce Iz? aEi t Olgdilla n 1hp ,st ate s_ta Caxit nor AdIl recut ifo- ,ill. ttibobMil tors iq : provide sua u��orkl s' car a�atl ti aid eitiplo _s liability insuraiicr fdr-.all ofthe 5 b c ritzy tt i5` ir: sin ' es . Contract sM. 11 faft sh ,ta City cextz, Icat� 41` yyat�f x of .s . 1.ra at nn it dar .fie 't terms s f ; y�rt rs cR sip usat ml :arfd. . capio}fe's lta%i�ty Iritane1rtf°tpri all sazxria*iy xe1r ail subeonir tars to jai=y sa�ro�atir�n; 9, Gone.M LlabMN Insitrano* a�kitiaix to axe �vor3�ers° �oni�e�,sa�otx ata� �r,�Fl�yt<r'� Ixal�lii<y ix;s�rai�ce aria �unti�act�r' cowcnna~ittc J d d bold hater-[egs_i6d �rsd r r, J..Czty,'' zitraclor ih;aIl t btjAin.ar1d tIMI h to city, a olio - }. of: 9cieial 'Pbbltr l ah lilw i� r4nO i otticlirig nxot Fcliici Gov Ca � r� t lst'oaect'Sciv�G z. polio i a3l +.rtdexniiify C t tiactot „ xts t fficez�, ea plgyc andagant& �w,il actin i irhin the scope of .il it r3uilcs againsr. and•. antiA clgs arising oiit .or sri evn�,ectton'V:v llic Pmj tt cv itci sh It 1 ;dc ;c{ `eratie iri nell ldas I$ fib ONY:v ng 4PO4- t6ffibintd- 61agIc..Elpit bodily injury acid property ` a o,. acludi i� pr&duds,/�oiixplei�il Operad.6ts :ttabiEt :sna biail€cG cczpci.�iittrictte: prt�Yictecl: unclez a oznx �, l�zc . incl�cic . cics z��it ci gen t. ag xega limit, t17c a j gatc lim�G rpus ts� nn loss flx4� , n :€ jl)z of s; ( l a t}; 00) fot t- B P%ri Se vi e; This? p i 11 ll. pity, its ,almeer5, left rl nr p bzIiti d �iG caals; employes a nts, ; id° udlantt is 4.s A-ddztt�n�t itsc, eds. Lind 3bAlI specriica'by p�-oxide that an}x .g'lhe - uzsurance.:coverage• which ih4y e_a p1i&bie tQ thif 1'rt�jot'rvi�e :sktall beuc;tiesst�vcsae ancl..lhat Ccai�f>aEtar's itisurai3 `s%1? pY`�:T11a`1;T�; C;na,# riQ citetinst��e,� sha:M said :al}.&.Q rYi�rittOted Jnsui rwde cdritaih A sotf-�.ir�stitecl r t_�ntl t ; ►�t: �d du4tililc' r:arr';:ntF�cr;s ;% taz''f rin of.lutxitat 4?i Eli raquzr4z3 PQ.. 10. AuOm6la itr 11-Ab 3it4.1nsur_ance Gozztictor shalt ob#ssiz d iurrusli to Katyn a�jtamatia ltat�l`Ii{y zcanlscy c oi�cxir #lTe w+�ttc perfr�r�ned l�}r it li��euricier, `This ��1��y �lialt pxo'.v�c�eca�erag� tol �iontra�taz's ,�,t�#drta�sKt o 1iab�i�ty `in �iinc�unt nd less tiiaii Inc: s��ll'onollais:1;O�C�Q(l(} CtO per os4urPic aa_ a. .. . . ..... ...... .... separate 4-Adomipind liistimd tbd r.s t" p, pHS4Ing.-both tht poliq t1r AdnMr g g of Hibldn a onpk4i?4f, q]4 W JT' as acldttom irvrod en porLL 7he ed -Su rthoe shall f not, ctenfibi,"d�ducfibl sibdl f6f. f U "t 4' 6_�. V-i6. r�qqxted e�' bi Agy- bthft m 9 PA ix-VOmIg� except with. tho.: Certfrkate d:lR-SUIr'a'-RjCC: '-.,a celfafe-61'imafrapce 6ubjcct to a' '�l qf thc�ty pp�6v mce Id- Agreem* PM the tcertTipatet shall; :a,. provl4e ft. nacre and p6ll.oy PCITO P0 1--y'.15 c. Volifvd.;�or nh.celed by eAhcr party. xedubed ag lh CoNefe or in 00) w 1a0 v pppnelit ?ricer VITXXP�rl rlti*l in thy: evemt,9f papeellad'oil f4 tjo afl p In ' - " he Colitra.cligr. qhall mAintain -the fareg'01 ginsumnct.-Over Agrecrnc�tt -is TAY:.c4ipleted and . kcqtud'by.C#y., -.- The requir& m6exr�i_ f;CY.V'- C 'YA!gjhc fcfcg6l !4 ia6Au OTAII'11,^O shall �I.o 4xog to from P_ .Cbntm,,to?s defense, .401d, humlos and _lllda_=M Caliou Q, lig,40ris, as net fb lf-d -ne-n . t Cit -1 . all tim 44v :ilia f i Inal af the )r:�Qr _gs ilglit, Ilp dern�nd the ot,411 or ea pqliq of �itswvmm �ftWi :S.MLP17's in a lltowp -fi#lely iaunitc,, t!e pr-Ohiuhls eh the ntu be m4-40-ve r, trtr ctor slaali taO aiak,-a-4I-times. n-:fh f tvisgnd i-Y. Atractcr �Im at S. Own i �fco.: , mqt.� �p 4q vv�e of C. cost aildeXpez b i pohp;1516 fti%y and A all it :stag 0 �y Ont of _me�qt. comppans4cp and. bflwr.payr6.1l..&aucl y fox tin Ol 'c t, r .-Wa its c6ccr% Age"Pis d. ct-qlq�l e, -_4rid, id) buMi a.n. Ul COMM.. -1011 e, er Orm vvwl t�e- ed. her .=dcT.i 13, Conflid.oflnturdt ,C ntract . ��cq'vafiants-*a . it c; � dut�. or 0 OFU t �spiitly lies naihti� is t. Tcs airy-fopm 1.1 *Tv- 190cl,'fleit to —der. this dia�tj W_ Y� e-,4 -nofloq Df Wierrrinatcd �y- tht".0 au-Ahbt, (30, _P: gent; on at � 41 ub .�v cl 0) ..b 1 bc,:.:'4 �fl�a Co.: V-C-� the 41) P` 4 -6f .11 nmp�psatinn: foTalf services perf(jT.w rl - a f km*40:a,6torp-6 r to - va Contractor Of such-, paymen�. lhe Exccuti' Dire CAOT.Mayreq.ture, tp. I b I �a S)a deliver io i�e City _911 workprp442*eq_p.a aso.f., di:date, Pnd."izsllcll. '.Mth mark M -Q Shall �e the prop, of thCity rlinjess picjalied by lav& and Contractor bonsent 0 tb& y th&eof 'PAY-m,it, . TC e f0T wo& W'Whs. to ht *fhfjiecthe smtulard:of pafortia'a'he 0 not b& 4d v'�Clf vea 4111 th'-, of-LSA fn�n TTMa Agrear .apt , rq r;;5k:nU tbx" -.o 4 CU1050.10S;W, tat-hrl b,64v0�,O tie City and p Col.# a -,or, a -pa., �rsedes - any -aud aE offiermre.1a or.qqjtqpetNvcewfha:pa _'hi.the -,-brit zf'A 001-01ei betWbeh-&Ie t&fmopts A&691 ent. and axy tv; M.41 4 t1d' A 1. TW-5 gt by Villtm bstpMh4tt IS �mLY nit be. 9-1 prewL ..gm&,d by lho.QV -_'Aad y P, zedrepro of Cantraqtr. Th P terms or 0.y d irons cif any h'- b ' deror Mhe re irlvbp� ii withi s)r In addifionlb, to tfts.And, p6ndiffocs lioept. sb-41not bind or obl' C c -h tot;or�thp city;Me. , jt6rlf6r. - W" Agi'i_-6mept p�pi -mp ent !1s'. iWIT MA e n t ON��jvages Olat - !I 'Q ej -�ay.c- been tniade b 4t p't any - ne ac,'b g. o. "my �y Of otherwi.t. y:an. p t o r#y':wj*4gtt Twtbm'Wd, - 140 1.6 .- Ass nriient. fllornlll! -as-lbis Agrgarajant is nl nded to oomoo the e ali e somicos of CoZ4eWe4 Contra tot in ky 'I -Tangy r,:deli g 1e1':bp' §Aoa aay t r"C'sf he'relnout the pnor wrlttoll:pccfn6kn .of the 0_tY-:Ahd:;nly such- 9"S81grunen t 4.6 !'bhx%�Ilb rA . el� C'. C01 09 lvii 'Caniscnl.shall 'consflexedA.lalld v6' K$ 'g in. diij Agree= -Aaft _4e - �WlsZ 'w to llmfl th-6 AN IJ;"y to,:, leave_ 6ly 'bf 8 jq tjojhis -Cit sonnet ii ne. 16 �'M-f t '6d.byClty d b y "r. ...al . . �Y� A9T*pemttftpeffQfT_'0 .1y V� i16 City cifU aI -'FCLrUl9x tity wn'*Ye8 in. the t wa* nor a7a.), U loyco -9f 'City my ftamial 4sligrit t6 Agr pqd�m;a P. ' .. .- .. 0��' . $14; 4 ftdcrdst in thh� A roe C , In: il 14 0 c CalM la Go . m nt 0 on f flip �Ipp C.01c P.v0vWlQ;l's ofth M verall16M. fS. VID11tes br bffi6' r rn . unimllolis h x, lirldcr' lhalj."b a given by octi bil. I bpsdiq4bo_*vq').pr %:"C t fl pe1-�'41ivotit AS' � W sifu4on .-4,44J wgtr,- . im, or by y toshig the s ale ini.a a.ealod phivolop.,3. po to v,.,p.rpp hidp 64 Attlh 11 the. -�Trqt�d.Stgo P�ci�tal S. -r lc�-sqmp' �lkt' 16 -�iIe addresses be10', (Ity, po'le es. t whicli su'b'k' t Ole 0� zte, I a Ujrb4dijt {�y h<)tif in the It Y - btjitr paty vn:��er ona dc.!lNeq. A rq4�. ble Q'N"�mk !ght Cud �Oiu'.$. :9 �=Aoreuxlirccci-p tnquc-OC41 CRY Of HuMiagItiltrBeach 20M Main Street To., Salvador lbarra Evolution Landscaping Inc. 1721 W. Santa Ana Blvd. Santa Ana . Ca. 92703 - ppruvp.0 is, rorirci ivacicllrc�rlp oo i r cacti ' b �)r ev A. t be ro.Val to. any Sub;er'Vo. I Qh-�,Ox o v v er o r Tn b diflpatic ki a f -h n' ' . I * ' ' ' ' i '-OW' A ' ' - -dim cn'- t shall ."b id. i v. t��' y anguap h s , gn � 9 t��-dings' d d pbrose.s.: 4i 1ba c4p p1s,--se JpN odsubj'60t esan'ptmz T'IeWass par agr4pii f ibis Awteemetit t ;ncrcly Wcttpij t and lu Wsolely . .4 r&'&f Oaf rs includ d. or gy-d-luded:Ebb Ii6h,or deSc.6b - r tile i .11 qr: tat;yp'lra on 'Inyp -o of-thi.-S Azc� Thu L 1�, Jptty I -of , .4 in t any OT -6� pad l�s;. Tf--Ah-,, -auco-Affigt its- faijr.t� g�' and.t t:�tof Ais bold. - v qr c6ua Ofx-"Q:.RIp.et *-' t to ffbr �qb owp� U Uri . �d by oiding pt imallidec zr �tthe t, higgovehanism, d-px SA Or qfUs Ar erxttint.No gat io;?r- any $Zth.biunless lypwvide4li reti ed< ri this AgTofiwilt Vic 41P -;kr cly Ina$6tdi -�-I�r -Aetitpr g Oar pd ' Sul t -reqiArcs, N t�g cm Ird �hal L be 64��t fnf��ion-- O�f tzt �e 0 q to cbm -Oj�i Ir w� Ian' ad'whVo to i any w�ftflja b. h 4ny p t nb'vA bqht�in�d here arid i- Id 110'omt tact, U: died Ih A2xeen�qa is herebY t -b Kati,: !''CO ed a ar, C' cntsof the taw. h :pxie , 0: it witlun e mquir m nt.,necess Or llav;� beeii przpar�d.aud' -an o116, Jrrilbi'&� Pies signed aoun e—ar.3Is . uae: Ogu-J,Cn'ji ofwi, i6 so !Dxm*Qtp-d Aalf, tre5Ocdye oftlia Oat of'ltscxucui nod dol, Y, Ire ;O.ori eat -Oligjn�3a a4 F duplioatr iztaX Aall;bo do=.0 uggi l ,nsErurncul as a ai'l.i'st aq who -fias sied it, -244 nat 1Ia .Atlqn W Cltj plgtee that city 1s riot Ha W'fbt potrieczit..bf Airy =�jj valloutt Wd� iliy4alu� services, 4 SIV., t5i c . �pe I S'e M-CI Cis ��qe� are ��xprc� ou �.de the 5c Contra:ctbrl lunderstailds that puT.$U4 t cli,. Ul-, Chotjo�i .0-91, Airy City Aft is the zxow'slvo Wvf w)j:okl: fir _44d.-Cil Kull t0t b'' Pbl� for -ptyinnt of my togal services pxpetse� ln6tirmd fey -writ mctor. 4 d 0019. re gr4e jh;d in the pm T tooce of - its: 4e$ under this Agr*razzt, it I� coii pL IM OP4Nitics in: _-4 MOILPTer derre t_o prai'edt Inh. - 5;SejlShhcrfat re from I:u -df ts �t"Oic�r :use:bf, klokiye_ -!C,4tmcvof'* S' tt. ol jST, A jr 'lira cc MIMA dustry fil x -A" 1p I practi'tes- eU t v ''th fhcilfiie.� ni ggmel�t rin �nl FS1 I C_h f" 6nploybe,§ and :in otherly'v5'e- purf 8 b d lt� oy Lm � c in. or4qr- to achieve IS, C.C. fllAc f fh'!.S' cain' wt tTcquost -Of �hc- to -t- cquir'q:i &�cni ex cute plor lttin. undor(akhigg� tOtb*y With. th Pbt6gbibj,-,-, ebb 'I.& PI-ovisick ; 7,'_ WS 61-min"If ion C "t rAo6z �,h M�=� 60forr.,omd, 41 n pi. 6 b caw'� of oex, rnal7t zlx agc' nm4bnm '.018 - T 11 13.a4cestry, -,pt 4ibltity: ins 44 prof flied -''v 'vv S616cobTit -1 'al' ' g. ift'ji zMtbn . p . I 4 Ax mill. fttif is-U,eq Oppq rerq. 6y er i ialt s re in t ' �Znl ue4 1-101131 - -,M,M. 0, d' �qll ms tt!�* 10 fol r&66t LM.ffi ddb:rd6m6ht, shall. be- virn 'cm'aruod Ill Accd is'Agmilohit hat- b he of tiiiy,ofthe causes .Ibf1his A�ficz-lnelitnSIIAI A be :deto a, id d b tho t 4 C. hpo le, C ranBA e'vouffe for arty: pt�pwot ge tylc* P-roo-o4g, that may Iv braU& or titIt o.rb f tlua- A Prpfo jejauses ksionpIt' ' antz~ tot shall, thmig&hOul i he Ipm- P_F, ry lit irises,_ -,T#tovpl&, w eXcmp4lons, provwon of the 'h pf,Q�,e-, u i :S OiA to And rj.o�ctb fi te'a t4tg jlija l,at of 0- lff6miA, the Q 0£ y t�- A.— t '$4iO-,agtoq Baqh and 4 Ofheer, gGv0rnmcjj%l.- #rrcmiam �Coxl the Oty ern iatoil \1 Abd.la. -Wrfrhn�g bf be-i lity tca.'obtahj �r .nnhtttt n oup -Alld exenaptiow....Sou'd ababi ityshll.k frternutiatesr 6f thIs Agreem n t A is -and/OpmvtsfQps Qfthis.AL PkI 'r 43 ,6r im 6tteyls*fco,such lfw,-O*prepity shall. C q vj= its: &a !rQm the i . 10 1 npwr -,Ullp,g Nity, it. sajii*A, And c0hditloll:, offN-s Agemont,-VIiIc-h- by:jadr-sei)s-e, andep*kf survive.. the or 0A.s AgtocmC4.4 shall I.io"ArlyiVe; laws ofth-c-stato Of _Facia d b: nt t Adprsllme Mtd Nvary hatits siaCvrt-, �ciuitbclow o*a . ch of mej�f�. aid W1 Rilt =d 4ght:toNhd.,tb,-ir- rcsp�rot�**.p4 i0s to that that $Ij6i tho i 9 rn yrd;ty-fuftyfrr4l 1 &6 j&le�f.dr ag s M .6 iM�y' tn into t, uq grmr= Tm.p4A.cs-aol ow ;pmda ail - a p - In- y and, N-.blml . t'IS , joill a . n-d thal eaeb �a.5. -had ffie y follp iig, 0 t longth-,na txat :x osl.ye -,am. I; "s. r wIt fb le Mxq�� prior ta 6 knai 4 :-tia tow�6 i�A �d p c go tin -agrd da-qmml,�, 'Plolnllsi-M 0--70ZAICII 0 PT wanan.-o d -d c. lhftt w �r em[44' 6"xis, jn.*... +L gvn hat 's b� acu. Wf�,-Novhic�b are ca adel by 7.1 - � j 1 'a '' v arty n6t eta tar -e We -AZ-L T., u m1c, -04 thud is this Alot - a- y.b.as— . p nistance. 3 10 Xpr I�asly Any rePwsi#lti- ch, p0ml w4r, =. , -fC.Ircl -I set forth ehzs.Agx ent. AR E&1044 tefprefc6d .1vr cill -,VA a"eha Web zml � inc& if greerafent. Ipfll. t -- 35. EffectiveDate IN FITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorize officers. This Agreement shall be effective on the date of its tD approval by the C� �iro�.►/�zl� This Agreement shalt expire when terminated as provided herein. ite Evolution Landscaninq Inc. By:r i2, Mym Salvador Ibarra . President AND By: (-�` _, j2 2 ►�-.. elia Ibarra . CFO REV V ND APPROVED: ty Manager CITY OF HUNTINGTON BEACH; a Municipal Corporation of the State of California Director of Public orks REVIEW D AND APPROVED: Director of Finance APPROVED 9ofII City Attorney R Fj 441 4j City Clerk MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit 1- _6 BID DOCUMENTS AND SPECIFICATIONS for LANDSCAPE MAINTENANCE FACILITIES 12-13, MSC-487 in the CITY OF HUNTINGTON BEACH TABLE OF CONTENTS Landscape Maintenance --Facilities 12-13, MSC 487 SECTION Section A Invitation to Bid ............................ Section B Instructions to Bidders ................. Section C Proposal ...................................... Specifications .............................................. Fxhihit-, TAB/PAGES ................................................................p.1 ................ I.......... B1 — B4 .......................... I........ I ............... P. C 1 — C34 .................. ............ p.1 -21 ............................... Exhibits A through H MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A r� SECTION A INVITATION TO BID Landscape Maintenance - Facilities, MSC 487 NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated maintenance services and will receive such bids in the office of FINANCE -PURCHASING, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on MAY 16, 2013. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. Pre -Bid Meeting: A mandatory pre -bid meeting will be held on THURSDAY, APRIL 25, 2013 at 1:00 p.m., for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site(s). Pre -bid meeting will be held at City of Huntington Beach Corporation Yard, 17371 Gothard Street, Administration Building A, Huntington Beach, CA 92647. Sign -in will be required to verify attendance. Project Description: The project consists of specified landscape maintenance tasks at 23 city facilities. Such tasks include but are not limited to weekly grounds maintenance, irrigation systems maintenance, trash removal, and chemical application to be performed on a pre- determined schedule at regular intervals. Proposal Guarantee: The bid must be accompanied by a bidder's bond, certified check, or cashier's check made payable to the AGENCY for an amount no less than 10% of the amount bid. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. SECTION B Landscape Maintenance - Facilities, MSC 487 INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the bid proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with Finance Dept. -Purchasing, City Hall, 2000 Main Street, Huntington Beach, CA 92648 and shall be endorsed with the Project Title as it appears below. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, telephonic, or modifications will be considered. Electronic proposals may be specifically authorized and required by AGENCY. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the co -partnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. 4. Delivery of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" ATTN: FINANCE DEPT.--PURCHASING For Landscape Maintenance Contract - Facilities —MSC 487 CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A 5 Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the deadline hour stipulated in the Invitation to Bid. Late proposals will not be considered. 5. Return of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 7. Prevailing Wage This contract provides for a maintenance and service activity that is of municipal concern. As such, it is not subject to the payment of prevailing wages. 8. Disqualification of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal per project, all such proposals will be rejected and the bidder will be disqualified. If there is reason for believing that collusion exists among any or all of the bidders, any or all. proposals may be rejected. Proposals in which the prices are obviously unbalanced may be rejected. 9. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the classification C27 in accordance with the provisions of Public Contract Code Section 10164, and a copy of this license must be included with the bid proposal. 10. References All reference information called for in the bid proposal must be submitted with the bid proposal 11. Subcontractors No subcontractors shall be used for any portion of this contract. 12. Discrepancies and Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or IN should he be in doubt as to their meaning, he shall notify the AGENCY in writing not later than five (5) working days prior to Bid deadline. Should it be found necessary, a written addendum will be sent to all bidders and/or posted on the City's website. Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. No verbal agreement or conversation with any officer, agent or employee of the City either before or after the execution of this contract shall effect or modify any of the terms or obligations herein contained. 13. Equivalent Materials Requests for the use of equivalents to those specified must be submitted to the AGENCY ten (10) working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 14. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. This contract provides for a maintenance and service activity that is of municipal concern. As such, it is not subject to the payment of prevailing wages. 15. Award of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 16. Term of Agreement The term of this agreement shall be three (3) years. The contract may be renewed by mutual agreement of both parties for one (1) additional two-year (2-year) term. City does not have to give reason if it elects not to renew. If City and contractor are unable to agree on a mutually acceptable contract, the agreement shall be terminated. Contractor, in addition to the annual contract price, may request a cost of living increase, if any. This cost of living increase shall be based on the percentage of increase in the Los Angeles - Orange -Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area from March to March of the preceding twelve (12) months, not to exceed 3.5%. On or before April 30 following one full year of service, and on or before April 30 of each year thereafter during the term of this Agreement, Contractor may request in writing from City a cost of living increase, if any, and the additional amount of money requested by Contractor. Such increase shall be effective for the period of October 1 through the following September 30. If the additional amount of money requested is acceptable to City, City shall pay such MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A additional compensation to Contractor commencing with the October billing period of the effective year. Contractor shall be entitled to only one such cost of living adjustment per year as provided above; and this adjustment shall be full compensation to Contractor for all costs and expenses, of whatever type or nature and shall become the new annual contract pace. 17. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. 18. Execution of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all required insurance within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 19. Submission of Insurance The successful bidder will be required to furnish the necessary insurance to the AGENCY within 10 working days from the award of contract. Prior to the execution of the contract, the successful bidder's insurance company must furnish AGENCY with Certificates and Policy Endorsements naming the AGENCY as an additional insured using wording and form specified in AGENCY's Insurance Requirements document. 20. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 21. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. IO! INTENTIONALLY BLANK MSC-487 Landscape Maintenance -Facilities 12-13 ExhibitA-i SECTION C PROPOSAL for the Landscape Maintenance Services — Facilities, MSC 487 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Instructions to Bidders, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the Fiscal Services office of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the Maintenance Operations Manager of the City of Huntington Beach, and to enter into a contract at the following prices. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find a W65 NNJ �+ in the amount of $ d which said amount is not less than 10% of the aggregate of the total bid price, as required by the Instructions to Bidders, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-1 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 C`2 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A5� PROJECT BID SCHEDULE City of Huntington Beach Landscape Maintenance Services - Facilities — MSC 487 Base Bid Items: �tetn Np: Provide Landscape Maintenance Services per 1 specifications and exhibits —MONTHLY OPTION A SCHEDULE d S i IB Provide Landscape Maintenance Services per BASE BID specifications and exhibits — ANNUAL OPTION A SCHEDULE J TOTAL AMOUNT OF BASE BID IN FIGURES $ 15 a i q-�6 TOTAL AMOUNT OF BASE BID IN WORDS ONE NUNbt� Fj ��'(Wo 1}1ou�Na, IJ� N� liu wl �61VCA_Nk_dollo 140 zwo ! - The base bid item will be used for comparison of bids and to determine the lowest bidder. Additive bid items may be awarded at the discretion of the AGENCY. Additive Bid Items: Item No. Item Bid Amount Provide Landscape Maintenance Services per tt ? A-] specifications and exhibits at Ocean 'View Estates — $ MONTHLY OPTION A SCHEDULE C-3 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A BEACH OPERATIONS YARD 8669 Edison Ave., RD 474 Landscaped Area: 5,356 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly li Biweekl w S$ l / LITTER REMOVAL Weekly Biweekly � 0 1 56 RODENT CONTROL Monthly 6X per year / CHEMICAL APPLICATION ( PRE -EMERGENCE g, / p 2 V '1" PLANTER BEDS 2X per year IX per year AERATE & FERTILIZE FERTILIZE PLANTERS IX er ear NA i WOOD CHIP PLANTERS IX per year NA MONTHLY ANNUAL MONTHLY ANNUAL GRA �d� a5b� GRAND TOTAL 'O' 50- OPTION A [6 OPTION B 0 lag-" C-4 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-1B Exhibit A BOLSA CHICA FLOOD CONTROL PUMP STATION 18401 Springdale St., RD 197 Landscaped Area: 1,200 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE 20 PLANTER MAINTENANCE WerJd Biweekly � 2i LITTER REMOVAL weekly Biweekl RODENT CONTROL Monthly 6X ner venr CHEMICAL APPLICATION PRE -EMERGENCE I ✓ PLANTER BEDS 2X per year IS 1 X er ear AERATE & FERTILIZE — ---T,>—< FERTILIZE PLANTERS IX per year I NA WOOD CHIP PLANTERS I X per year NA MONTHLY ANNUAL MONTHLY ANNUAL GRANDOPT ON A ) 08 5�6 GRAND OPT ON BF� Z / 1091b" C-5 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A l CITY GYM & POOL (GROUNDS & PARKING LOT) 1600 Palm Ave., RD 441 Landscaped Area: 21,780 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MATNTENANC'F TURF MAINTENANCE Weekly�` �`� / Biweekl ��' vY CLIPPING REMOVAL Weekly Biweekl LITTER REMOVAL Weekly Biweekl RODENT CONTROL Month � Zd 6X er ear CHEMICAL APPL CA'TTnN 0 f EDGE TURF AREAS 6X per year 3X per year PRE -EMERGENCE �� Z �O ' J PLANTER BEDS 2X per year IX per year AERATE & FERTILIZE I d ' J FERTILIZE TURF 5X per year 2X per year 5� FERTILIZE PLANTERS 1X per year NA AERATE TURF PLUG TYPE) 5X er ear 2X er ea gi VERTICAL MOW RENOVATION 1X er ear' NA WOOD CHIP PLANTERS IX per year NA MONTHLY ANNUAL MONTHLY ANNUAL GRANDOTAL OPTION A� 5 0 3 P15' GRA1vOPTION . FP 1$ c z l 6 6 a- C-6 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A' CIVIC CENTER 2000 Main St., RD 431 Landscaped Area: 457,155 square feet FREQUENCY FREQUENCY MONTHLY FUNCTION OTV OPTION A MCINTUI .v P"QT nPT11nN R rncT EMPTY TRASH CANS 2 2x per week 32 T IX per week GROUNDS MAINTENANCE TURF MAINTENANCE Weekly �ZQ%� Biweekly CLIPPING REMOVAL Weekly /e Biweekly LITTER REMOVAL Weekly / Biweekly'bs/ RODENT CONTROL Monthl / 6X per year RAISED PLANTERS OTY WEEDING 16 Weekly 15 Biweekly REPLACE ANNUAL COLOR 4 4X per vear 2X per year CHEMICAL APPLICATION EDGE TURF AREAS 6X per year 3X per year PRE -EMERGENCE PLANTER BEDS 2X per year ( i bb IX per year lb �3 ' AERATE & FERTILIZE FERTILIZE 6� / TURF 5X per year 2X per year i FERTILIZE PLANTERS 1X per year NA AERATE TURF 3� i 13 Zo PLUG TYPE) 5X per year 2X per year i VERTICAL MOW RENOVATION IX per year NA i WOOD CHIP PLANTERS 1X per year �3 NA MONTHLY ANNUAL GRAND TOTAL OPTION A MONTHLY ANNUAL GRAND TOTAL [#)jq23-q-5 ��Jjjosj.4ip- OPTION B C-7 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A llON KISER CORPORATION YARD 17371 Gothard St., RD 271 Landscaped Area: 89,300 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly' � � Biweekly 520 LITTERREMOVAL Weekly i Biweekly 2 1.9 RODENT CONTROL Monthly �' 6XMyear I o PRE -EMERGENCE h rj - PLANTER BEDS 2X per year 33 i X per vear AERATE & FERTILIZE FERTILIZE PLANTERS I per year ' / NA WOOD CIHP PLANTERS IX er ear / NA MONTHLY ANNUAL MONTHLY ANNUAL GRAND TTTO N A lTAL lg% 1� GRAND TOTAL OPTION B C-8 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A ,,-/3 DOWNTOWN COMMERCIAL DISTRICT Main St./5" St. Landscaped Area: 96,532 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE TURF MAINTENANCE Weekly115 Biweeklyll CLIPPING REMOVAL Weekly--Biweekly LITTER I IU.qo i REMOVAL 2X perweek 1X perweek� RODENT YI b CONTROL I Monthly 1" 6X per year RAISED PLANTERS OTY LWEEDING 13 Weeki y� v� Biweekly REPLACE ANNUAL COLOR 36b I d2 OJ 13 4X per year 2X per year CHEMICAL APPLICATION EDGE TURF AREAS 6X per year 3X per year PRE -EMERGENCE PLANTERBEDS It U 2X per year IX per year AERATE & FERTILIZE FERTILIZE TURF SX per year 2X per year / FERTILIZE PLANTERS I X per year `Z NA AERATE TURF I (PLUG TYPE) SX er ear 2X per year VERTICAL MOW RENOVATION 1X per year t / I NA WOOD CHIP PLANTERS IX 2er year NA OTAL MONTHLY ANNUAL MONTHLY ANNUAL GRANDOPT ON A / �10�1 GRAND TOTAL 4 OPTION B ��� �3��J�Z• C-9 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A I. EDWARDS FIRE STATION #6 18591 Edwards St., RD 318 Landscaped Area: 24,000 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE 5 TURF MAINTENANCE Weekly2 Biweekly/ CLIPPING REMOVAL Weekly Biweekly LITTER REMOVAL Weekly Biweekly RODENT CONTROL Monthly 6X per ear CHEMICAL APPLICATION Iff EDGE TURF AREAS 6X per year 3X per year PRE -EMERGENCE + S Z� �? PLANTER BEDS 2X per year f' IX per year AERATE & FERTILUT.. MONTHLY ANNUAL MONTHLY ANNUAL GRAND TOTAL I fit, o ZS I GRAND TOTAL OPTION A ' 4 �� b OPTION B I C-10 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A EDWARDS HILL RESERVOIR 6401 Overlook Dr., RD 318 Landscaped Area; 35,000 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly I I5S Biweekly LITTER REMOVAL Weekly Biweekly 50 RODENT CONTROL Monthly3d 6X per year I5' CHEMICAL APPLICATION PRE -EMERGENCE ^ � PLANTER BEDS 2X er ear d5 1X er ear r AERATE & FERTILIZE C/ FERTILIZE PLANTERS IX per year J NA WOOD CHIP PLANTERS I 1X er ear a0 NA MONTHLY ANNUAL GRA OPTION TOTALT ONA � ILf) �I�i61a � MONTHLY ANNUAL GRAND TOTAL OPTION B 0 1 C-11 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A FLOUNDER FLOOD CONTROL PUMP STATION 9731 Flounder Dr., RD 426 Landscaped Area: 1,108 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly4 i 3b Biweekl 0 LITTERREMOVAL Weekly Biweeklyd RODENT CONTROL Monthly , 6X per year CHEMICAL APPLICATION PRE -EMERGENCE � ) �=1X11 ' PLANTER BEDS 2X per year AERATE & FERTILIZE FERTILIZE PLANTERS IX per year I/ NA WOOD CHIP PLANTERS 1 X per year NA MONTHLY ANNUAL MONTHLY ANNUAL GRANDOPTION A b�b� / GSaS GRAND TOTAL �J - 25a OPTION B C-12 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 I Exhibit A X� MALIBU FLOOD CONTROL PUMP STATION 22001 Malibu Lane, RD 485 Landscaped Area: 1,482 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly `w Biweekly LITTER REMOVAL Weekly Biweekly RODENT CONTROL Monthly 6X per year CHEMICAL APPLICATION PRE -EMERGENCE / �o — ' PLANTER BEDS 2X per year 1X per year AERATE & FERTILIZE / FERTILIZE PLANTERS 1 X per year NA ! / WOOD CHIP PLANTERS IX per year NA MONTHLY ANNUAL GRAND TOTAL OPTION A V MONTHLY ANNUAL GRAND TOTAL 1 �6 OPTION B C-13 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A MARILYN FLOOD CONTROL PUMP STATION 6752 Marilyn Ln., RD 169 Landscaped Area: 1,078 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER, MAINTENANCE Weekly Biweekly � ;, S� LITTER REMOVAL Weekly Biweekly RODENT f CONTROL Months 6X per year CIIEMICAL APPLICATION PRE -EMERGENCE I / S PLANTER BEDS _J 2X er ear 1X er ear ' AERATE & FERTILIZE ` FERTILIZE PLANTERS I X er ear NA WOOD CHIP PLANTERS IX per year NA MONTHLY ANNUAL MONTHLY ANNUAL GRANDTN A 'H' �p� .� / GRA D I OPTIO OPTION TAL ON B L C-14 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A r MEREDITH FLOOD CONTROL PUMP STATION 20192 Midland Dr., RD 447 Landscaped Area: 1,102 square feet FREQUENCY FREQUENCY ]FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly 36 BiweeklyI 0 LITTER REMOVAL Weekly Biweekly RODENT CONTROL I Monthly 6X per year ► 5� CHEMICAL APPLICATION PRE -EMERGENCE / 5� PLANTER BEDS 2X per year 1X er ear AERATE & FERTILIZE � 1 / FERTILIZE PLANTERS 1X er ear NA WOOD CHIP PLANTERS lX er ear W NA EgE MONTHLY ANNUAL MONTHLY ANNUAL GRAND TOTAL r � � �L� � / GRANDTOTALI OPTION A OPTION D � d I' o� '" j� I J C-15 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A NEWLAND HOUSE AND BARN 19822 Beach Blvd., RD 433 Landscaped Area: 43,560 square feet FREQUENCY FREQUENCY FUNCTION OTY OPTION A MONTHIX C.00T OPTION R MONTHLY COST EMPTY ' TRASH CANS 2 2x er week 1X per week GROUNDS MAINTENANCE TURF MAINTENANCE Weekly W1 .1v Biweekly CLIPPING REMOVAL Weekly fel Biweekly LITTER REMOVAL Weekly u Biweekl RODENT CONTROL Monthlyl 6X er year ov CHEMICAL APPLICATION EDGE TURF AREAS 6X poryear�V 3Xper year PRE -EMERGENCE PLANTER BEDS 2X per year 1X per year 1 AERATE & FERTILIZE / FERTILIZE TURF SX er ear 2X per year I FERTILIZE PLANTERS 1X per year NA AERATE TURF PLUG TYPE SX per year Vi 2X per year VERTICAL MOW RENOVATION 1X per year V NA WOOD CHIP PLANTERS 1X er ear NA MONTHLY ANNUAL MONTHLY ANNUAL GRAND OPTIONTOTAL A DI053 50to IPlb�a GRAND TOTAL OPTION B� `p C-16 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A PARK, TREE, AND LANDSCAPE YARD 17581 Gothard St., RD 281 Landscaped Area: 6,160 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Week( G�� / Biweekly LITTER REMOVAL Weekly d Biweekly la RODENT CONTROL Monthly / 6X ' P er Year CHEMICAL APPLICATION PRE -EMERGENCE PLANTER BEDS E 2X er ear IX per year I AERATE & FERTILIZE FERTILIZE PLANTERS 1X er ear � K NA WOOD CHIP PLANTERS IXper year t S / NA R:E GRAND A MONTHLY ANNUAL MONTIMY ANNUAL T ONA 4 7 OPTION 2� D ��� GRANDTOTALB C-17 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A -j- PECK RESERVOIR 14561 Springdale St., RD 127 Landscaped Area: 15,000 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE TURF MAINTENANCE Weekly1 Biweekly CLIPPfNG REMOVAL Weekly Biweekly LITTER REMOVAL Weekly / Biweekly 65/ RODENT CONTROL Monthly� 6X er ear CHEMICAL APPLICATION EDGE TURF AREAS 6X per year 3X per ear PRE -EMERGENCE PLANTER BEDS 2Xper year IX per year 2 AERATE & FERTILIZE FERTILIZE TURF 5X per year �() 2X per year FERTILIZE PLANTERS I per year 2 5/ NA AERATE TURF PLUG TYPE 5X per year c1 / D 2X per yeal b VERTICAL MOW RENOVATION IX er ear 1� NA / WOOD CHIP PLANTERS I per year NA MONTHLY ANNUAL MONTHLY ANNUAL GRANDOPTION A Y qI 3W6/ GRANDOPTION B b�• ���16 C-18 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A V RODGERS SENIOR CENTER 1706 Orange Ave., RD 349 Landscaped Area: 21,780 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MATNT1?X&mrx TURF MAINTENANCE Weekly `N BiweeklyOS CLIPPING REMOVAL Weekly Biweekly LITTER REMOVAL Weekly Biweekly RODENT CONTROL Monthly20 � 6X per ear 6� -7 0 CHEMICAL APPIWATION EDGE TURF AREAS 6X per year ` 3X per year PRE -EMERGENCE PLANTER BEDS 2X / I S© per year per yeay AERATE & FERTILIZE FERTILIZE 15i � TURF SX er ear 2X per year r FERTILIZE PLANTERS 1X er ear NA AERATE TURF PLUG TYPE 5X per year � 2X per year VERTICAL MOW RENOVATION I per year NP. WOOD CHIP PLANTERS I per year Za NA MONTHLY ANNUAL MONTHLY ANNUAL GRAND TOTAL ' GRAND TOT B OPTION A 0 6' S '� �pb p C-19 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A SCENARIO FLOOD CONTROL PUMP STATION 4742 Scenario Dr., RD 155 Landscaped Area: 792 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly Z6 / Biweekly � 5j LITTER REMOVAL Weekly Biweekly � 70 RODENT CONTROL Monthly 6X per year I' CI-IEMICAL APPLICATION PRE -EMERGENCE / o � PLANTER BEDS 2X er ear 1 X er ear AERATE & FERTILIZE FERTILIZE PLANTERS 1X er ear / NA WOOD CHIP PLANTERS 1X er ear I NA MONTHLY ANNUAL MONTHLY ANNUAL GRANDOPTION A � � � �� a / GRAND TOTAL OPTION ��t' 0 11 � � B C-20 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A SHIELDS FLOOD CONTROL PUMP STATION 6200 Shields Dr., RD 168 Landscaped Area: 800 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly?' Biweekl I LITTER REMOVAL Weekly Biweekly RODENT CONTROL Monthly f9 I 6X per year I b CHEMICAL APPLICATION PRE -EMERGENCE PLANTER BEDS 2X er year 1X er ear AERATE & FERTILIZE el FERTILIZE PLANTERS 1X er ear NA WOOD CHIP PLANTERS 1X per year I NA MONTHLY ANNUAL GRANDOPTION A '� �) ' 0 V ' MONTHLY ANNUAL GRAND TOTAL OPTION B C-21 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A UTILITIES 'YARD (aka WATER OPERATIONS) 19001 Huntington St., RD 422 Landscaped Area; 23,200 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A (MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly Biweekly LITTER REMOVAL Weekly BiweeklyId RODENT CONTROL Monthly 6X per year CHEMICAL APPLICATION PRE -EMERGENCE PLANTER BEDS I 2X per year Zd lX per year AERATE & FERTILIZE FERTILIZE PLANTERS IX per year S� NA WOOD CHIP PLANTERS IX per year N NA MONTHLY ANNUAL MONTHLY ANNUAL GRAND TOTAL GRAND TIOOT B / p l 156 / OPTION C-22 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A vt-.c3 WARNER FIRE STATION/PARKING LOT 3831 Warner Ave., RD 173 Landscaped Area: 14,950 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly IV Biweekly LITTER REMOVAL Weekly Biweekly RODENT CONTROL Monthlyt qo� � �` 6X per year 1 0 C.:HEMIUAL APPLICATION PRE -EMERGENCE ` PLANTER BEDS 2X er ear �G� IX er ear la AERATE & FERTILIZE EFERC11ULTZE,PLANTERS 1X er ear NA Rio IP LANTERS 1X per year t 15 / NA MONTHLY ANNUAL MONTHLY ANNUAL GRANDOPT ON A P t V t 6 816,- GRANDOPT TOTAL 915 � � 3366 / C-23 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A u.C3 WELL SITE #1 15041 Capetown Ln., RD 138 Landscaped Area: 1,218 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekl V Biweekly LITTER REMOVAL Weekly5� Biweekly RODENT CONTROL MonthlyI / 6X r year UH M UAL APPLICATION PRE -EMERGENCE / y+ PLANTER BEDS 1. 2X per year IX per year AERATE & FERTILIZE FERTILIZE PLANTERS 1X er ear t� NA WOOD CHIP PLANTERS 1X er ear / NA MONTHLY ANNUAL MONTHLY ANNUAL GRAND TOTAL OPTION A �� / �S� / GRANOPTION B I � 29 / C-24 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A ti WELL SITE #3a 17031 Oak Ln., RD 272 Landscaped Area: 575 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE S� PLANTER MAINTENANCE Weekly/ Biweekly.t' LITTER REMOVAL Weekly Biweekly RODENT CONTROL Month I 6X per yeu CHEMICAL APPLICATION PRE -EMERGENCE _F ,{{.-,, ' I 4 91 PLANTER BEDS 2X per year 17( per year AERATE & FERTILIZE FERTILIZE PLANTERS 1X per year NA WOOD CHIP PLANTERS 1X er ear, / NA MONTHLY AN�NIJAL MONTHLY _ANNUAL GRAND OPTION AFb / "�t� GRAND OPTION B C-25 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A WELL SITE 95 8651 Warner Ave., RD 264 Landscaped Area: 2,164 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly� Biweekly LITTER REMOVAL Weekly BiweeklyS� / RODENT CONTROL Monthly 6X per year CHEMICAL APPLICATION PRE -EMERGENCE t / I 0 9--- PLANTER BEDS 2X per year 1 X per year AERATE & FERTILIZE FERTILIZE PLANTERS I per year I NA WOOD CHIP PLANTERS 1X er ear " / NA MONTHLY ANNUAL GRAND TOTAL -� OPTION A 0 16 �� MONTHLY ANNUAL GRAND TOTAL OPTION B 1 C-26 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A K+ WELL SITE #9 8851 Warner Ave., RD 264 Landscaped Area; 450 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly BiweeklyS� LITTER REMOVAL Weekly Biweekly RODENT CONTROL I Monthi / 6X per year ' CHEMICAL APPLICATION PRE -EMERGENCE p� / PLANTER BEDS 2X per year 1X er ear AERATE & FERTILIZE l/ FERTILIZE PLANTERS IX per year I NA LOD CHIP PLANTERS IX per ear / NA MONTHLY ANNUAL MONTHLY ANNUAL GRANDOPTIOTAL ON A � aG� � � g � � GRANDOPTi00N B iiLl C-27 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A ADDITIVE BID LOCATION - OCEAN VIEW ESTATES 7051 Ellis Ave., R.D 20 acres, 87,120 square feet FREQUENCY (FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST �l�iZ�lil�l{T.y �� ► II—a�►lfr;C�i� TURF MAINTENANCE Weekly ✓ G Biweekly K CLIPPING REMOVAL Weekly Biweekly LITTER REMOVAL Weekly16a Biweekly RODENT CONTROL MonthlyV� 6X per year I Ci-iT+MICAL APPLICATION EDGE TURF AREAS 6X per year 3X er ear PRE -EMERGENCE PLANTER BEDS 2X per year n IX p er Y, ear Q7 IU 4R.RATF, & FRRTT1,T7X / 10� FERTILIZE TURF 5X per year rJ 2X er ear FERTILIZE PLANTERS IX per year NA AERATE TURF c PLUG TYPE).5X per year I 2X per year / VERTICAL MOW RENOVATION IX per year NA WOOD CHIP PLANTERS IX per year "� NA MON THLY ANNUAL MONTHLY ANNUAL I� GA OPTION A � �G / 6 jq116�J / GRANDOPTION B C-28 (MSC-487) MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A )1 GENERAL SPECIFICATIONS FOR PARK AND LANDSCAPE MAINTENANCE FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA Work Schedule a. The Contractor shall deliver to the City a complete park and landscape maintenance weekly work schedule along with the size of work crew and equipment summary sheet, prior to start of the maintenance contract. The City retains the right to have certain work sites maintained on certain days. C. Contractor is expected to have the same maintenance work crew assigned to its work sites at all times on a continuous basis. Contractor at no time shall leave a work site to complete another site or project, without having completed the work assignment for that day. e. All scheduled weekly/bi-weekly tasks must be completed in one service visit. Emergency Services The Contractor shall provide the City with the names and telephone numbers of at least two (2) qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present. Such work will be performed and is considered part of contract. The City shall call for such assistance only in the event of a genuine and substantial emergency. The Contractor shall provide emergency call out personnel, which will respond to the work site within one hour of call from City. Emergency services and call outs are part of this contract. Failure to respond to emergency call out resulting in the dispatch of city response personnel will result in a $75.00 per hour call out fee with a two-hour minimum. 3. Working Time Limits All work specified shall be performed between the hours of 7:00 a.m. and 5:00 p.m., and between the days of Monday and Friday, or as directed by the Maintenance Operations Manager or designee. 6. Improvements The Contractor or third party may do construction of sidewalks, turf areas, play equipment, and irrigation system installations, when requested by the City. Such work shall be considered as extra work and shall be paid for as specified. 7. Qualifications of Contractor In order to be eligible to enter into this contract with the City, the bidder shall: 1 FACILITIES MSC-487 INTENTIONALLY BLANK MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A +� a. Have been engaged successfully in the maintenance of automated/computerized irrigation systems, trees, shrubs, ground cover, turf areas and pest management services for a period of at least five (5) years at the time of the awarding of this contract. Agree to employ an English-speaking crewleader on a regular basis to supervise the work at the landscape sites. c. Be recognized by the City as well qualified to perform park and landscape maintenance on the basis of experience, expertise, equipment and financial stability. Contractor must have worked for a Public Agency on at least six (6) current landscape contracts for landscape maintenance; three (3) of which bust be of relatively similar size, level of service and cost as this specific work or greater than this project. e. The following must be supplied by contractor: Contractor must have a valid California C-27 license. Contractor or contractor's employee must be Certified Pest Control Operator as certified by the State of California and shall maintain the Certification during the term of this agreement. iii. Contractor must have on staff and maintain during the term of the contract, a State Certified Pest Control Advisor for written recommendations. iv. Contractor must have on staff and maintain during the term of this contract, an ISA Certified Arborist for written recommendations. V. Contractor must have radio or telephone communications between office and field personnel. vi. Contractor must have 24-hour answering service. vii. Contractor must have sufficient vehicles and equipment to maintain contract and meet City inspection. No employee's personal vehicle shall be used to maintain City Contract. viii. Employees must wear orange or similar fluorescent colored, high -contrast reflective shirts or vests for safety purposes, and uniforms identified with company name, ix. Contractor must obtain and keep current a City Business License. X. Contractor must have vehicles marked with name and telephone number of Company. Vehicles must be in good repair and painted a uniform color. When on duty in City, vehicle must display a sign with the message "Under Contract to City of Huntington Beach." 2 FACILITIES MSC-487 xi. Contractor must maintain insurance as required by City during term of contract. Contractor must provide the following organizational information: i. Organization Chart inclusive of executives and descending to on -site crewleader. ii. Brief description of company personnel and training procedures. iii, The Contractor shall provide a qualified, English speaking crewleader or supervisor to oversee the work force. A listing of guaranteed size of work force by job classification shall be provided to the City prior to beginning work. iv. The Contractor shall provide schedule of hourly rates for all job classifications to be used for determining cost of extras. 8. Public Safety Where public safety is affected, the Contractor shall make immediate equipment repairs or removals of landscape and irrigation material and shall report such repairs or removals within 24-hours to the Maintenance Operations Manager or designee. Loss City -owned property whether real or personal, which is damaged or destroyed through vandalism or fire or which disappears through an unknown source and is repaired or replaced by the contractor after prior approval by the Maintenance Operations Manager or designee shall be part of contract. Where public safety is affected, the Contractor shall make immediate equipment repairs or removals and shall report such repairs or removals within 24- hours to the Maintenance Operations Manager or designee. 10. On -Site Storage The storage of tools, equipment or materials within the project area, public right-of-way or easements is prohibited. 11, Personal Attire and Equipment a. The Contractor shall require each of his employees to adhere to basic Public Works standards of working attire. This includes uniforms with company identifier, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times, buttoned and tucked in. Blue uniforms are not acceptable. b. Contractor shall display the name of his firm on any vehicles used by the Contractor's employees to carry personnel, supplies and equipment. The firm 3 FACILITIES MSC-487 MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A V,6 name shall be in letters large enough to be easily legible from a distance of one - hundred (100) feet. All contractor trucks and other vehicles shall be uniform in color scheme and paint. All vehicles and equipment shall be in good condition and appearance. 12. Chemical Control a. Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations and all other agencies, which govern the use of application of chemicals required in the performance of the work. Chemicals shall include but not be limited to fertilizers, herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants and repellents. b. Contractor shall apply spray chemicals when air currents are motionless preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project. All chemical applications shall be recommended and supervised by the Contractor's state licensed Pest Control Advisor, The Contractor's state licensed Pest Control Operator shall make application. C. Contractor shall submit a schedule of work plus name of any chemicals used, outlining date, location and work to be performed, four (4) days prior to the week of work. Said schedule shall be submitted to the Maintenance Operations Manager or designate. d. The Contractor shall provide complete and continuous control and/or eradication of all plant pests or diseases. The contractor shall obtain any necessary permits to comply with City, County, State, or Federal regulations or laws prior to commencement of work Contractor will assume responsibility and liability for the use of all chemical controls. Pests and diseases to include, but not limited to, all vertebrates, insects, aphids, mites, invertebrates, pathogens, and nematodes. Controls to include necessary use of integrated pest control systems involving the use of life history information and extensive monitoring. Control through prevention, cultural practices, pesticide applications, exclusion, natural enemies, biological control and host resistance. All material use shall be in strict accordance and applied within the most current EPA regulations and the California Food and Agricultural Code. g. City shall be notified prior to the applications of pesticides and other chemicals. Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with Maintenance Operations Manager or designee, Material use reports of all pesticides and chemicals shall be filed with the city no later than the 101h of every month of the preceding month. h. Application of Pesticides 4 FACILITIES MSC-487 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 forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficiency, it shall be applied only in quantities of which each area is capable of receiving without runoff. iii. Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used to which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code or EPA regulations. iv. Equipment and Methods: Spray equipment shall be in good operating condition, quality, and design to efficiently and effectively apply materials to the target area. Minimize drift by avoiding high-pressure applications and using water-soluble drift agents. Selection of Materials: Pesticides shall be selected from those materials, which characteristically have the lowest residual persistence. Use of emulsifiable concentrates shall be used when possible to limit windblown particles. The use of adjuvants will be to increase pesticide efficiently thereby reducing the total amount of technical material required to gain control. vi. Substitutions: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the Maintenance Operations Manager or designee. vii. Certification of Materials: All materials shall be delivered on the site in original unopened containers. Materials shall be subject to inspection by the Maintenance Operations Manager or designee. viii. All areas of the landscape shall be inspected on a weekly basis for infestations of harmful pests such as gophers, rabbits, squirrels, ants, insects, mites, snails and sow bugs. Plants shall be observed closely for leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliation, or wilted. ix. Identify the cause of injury and consult a State of California Certified/Licensed Pest Control Advisor before application of chemical treatments. X. The State of California Agricultural Code requires that pest control chemicals may be used only after a written recommendation by a State of California 5 FACILITIES MSC-487 MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A It � licensed Pest Control Advisor is obtained. A recommendation consists of all the applicator should know for. an accurate and safe usage. 1. The recommendation must be time and site specific. 2. Application of all pesticides shall be only by a properly State Licensed Pest Control Operator of a Certified Applicator of Pesticides. 3. There shall be no application of a pesticide without written permission of the Maintenance Operations Manager or designee. 4. In case a Restricted Use Pesticide is recommended, the City must be in receipt of use permit issued only by the County of Orange Agricultural Commissioner to the Contractor. 5. Contractor shall apply spray chemicals when air currents are still; preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project. 6. Contractor shall submit a schedule outlining date, location and work to be performed, four (4) days prior to the week of work. Said schedule shall be submitted to the Maintenance Operations Manager or designee. 13. Coordination Contractor shall coordinate work with the Maintenance Operations Manager or designee to prevent conflict with City programs and activities. The Maintenance Operations Manager or designee's office is located at 17371 Gothard Street, Huntington Beach. He may be reached by telephone at 714/536-5480. 14. Water Conservation a. Contractor shall, whenever possible, minimize the use of water during maintenance operations, Watering equipment shall be kept in good working order; water leaks shall be repaired promptly; and washing of equipment, except when necessary for the safety of and for the protection of equipment, shall be discouraged. In no case shall the Contractor use water to rinse or flush chemicals of any kind from equipment onto the work site and/or drainage or sewage systems. b. Contractor shall comply with City of Huntington Beach Storm Water and Urban Runoff Management Municipal Code Chapter 14.25 and with City of Huntington Beach Water Efficient Landscape Municipal Code Chapter 14.52 at all times. 15. Sound Control Requirements a. Contractor shall comply with all County sound control and noise level rules, regulations and ordinances and with City of Huntington Beach Noise Control Municipal Code Chapter 8.40, which apply to any work performed pursuant to the Contract, and shall make every effort to control any undue noise resulting from the operation. 6 FACILITIES MSC-487 Each internal combustion engine used for any purpose on the project or related to the project shall be equipped with a muffler or a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. Said noise level requirement shall apply to all equipment on the project or related to the project including but not limited to trucks, transit mixers, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel. 16. Inclement Weather a. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather. b. The Contractor shall re -stake and re -tie trees or other such activities as required as a result of inclement weather. The Contractor will stay available to assist in any storm related damage repair to sites in this contract. C. Contractor shall not work or perform any operations during inclement weather that may destroy or damage ground cover or turf areas. The Contractor shall contact the Maintenance Operations Manager or designee for the determination of non -operation conditions. d. The Contractor shall immediately notify the Maintenance Operations Manager or designee when the work force has been removed from the job site due to inclement weather or other reasons. 17. Contract Documents Contract documents shall consist of the specifications and exhibits, plans, insurance certificates, the contract and all submittals required. 18. Underground Excavations Contractor shall be responsible for locating all underground utility lines to insure the safety of his/her work crew and to protect in place existing utility equipment before commencing any excavation. Contractor shall contact the Maintenance Operations Manager or designate and Underground Service Alert (1/800-422-4133) 48 hours before commending any excavation, to locate underground service lines. 19. Plans a. One set of reduced planting and irrigation plans for each park are provided as part of the contract documents for the Contractor's general reference. The Contractor shall be responsible for verifying in the field, areas, quantities and facilities for accuracy. 7 FACILITIES MSC-487 MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A /-Z b. Full scale blue line prints of the irrigation and planting plans will be made available to the Contractor upon request, for a fee of $10.00 per set per park (prices subject to change). 20. Exhibits Exhibits consist of Exhibit A through H. 21. Air Pollution a. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract and shall not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. b. Material to be disposed of shall not be burned. 22. Inspection of Work and Deficiency Notice a. The City and Contractor's representative shall make weekly inspections of all areas included in the contract. The results of each inspection shall be recorded and retained for reference using a Weekly Inspection Sheet (Exhibit A). Thirty-two (32) hours shall be allotted monthly for inspection and contract supervision. The Contractor shall compensate the City for all time required for inspection and supervision in excess of the above specified time, providing that: The excess time is, in the opinion of the City, required due to an inadequate level of maintenance; The Contractor has been informed of the deficiencies upon completion of weekly inspection; iii. The Contractor has failed to correct said deficiencies within seventy-two (72) hours after notifications period. Compensation shall be charged at a rate including actual time, mileage and fringe benefit costs incurred by the City. iv. If specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold payment from the Contractor in an amount specified in the Agreement until services are rendered in accordance with specifications set forth within this document and provided no other arrangements have been made between the Contractor and the City. b. Notices and penalties for non-performance are set forth as follows: Deficiency Notice (Exhibit C): The Contractor is required to correct deficiencies within the time specified by the City of Huntington Beach. If the deficiency is not corrected within the time specified by the City, City forces will be called out to complete the work. Such work shall be done on a force account basis with an additional call out charge of $75.00 per hour for each call -out. Call -out of City forces during off -hours, resulting from improper programming of sprinkler controllers, will be charged to the Contractor at time 8 FACILITIES MSC-487 and a half. It also should be noted that there is a minimum two-hour charge for labor on any call -out. ii. Withholding of Payment: Provided work under the Deficiency Notice has not been completed; payment for subject deficiency shall be withheld until deficiency is corrected, without right to retroactive payments. iii. The Contractor's representative shall contact the City on a regular basis for notification of special maintenance item(s) requiring correction. iv. The Contractor shall provide a Crewleader and maintenance crew at park and landscape sites weekly during normal working hours as determined by the City. SPECIAL PROVISIONS TRAFFIC AND DETOURS Protection and Restoration of Existing Improvements a. The Contractor shall relocate, repair, replace or re-establish all existing improvements within the project limits which are not designated for removal (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements and structures) which are damaged or removed as a result of his operations. b. Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or re -establishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. d. All cost to the Contractor for protecting, removing, restoring, repairing, replacing, or re-establishing existing improvements shall be included in the bid in other items of work unless otherwise specified. Public Conveniences and Safety (Traffic and Access) a. All traffic control shall be in accordance with the latest editions of the following documentation: Caltrans Manual on Uniform Traffic Control Devices (MUTCD); Sign Specifications, Standard Plans, Standard Specifications; American Public Works Association Southern California Chapter— Work Area Traffic Control Handbook. The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the work area. He shall also post proper signs to notify the public regarding detours and conditions of the roadway. 9 FACILITIES MSC-487 MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A C. The Contractor shall provide to the Maintenance Operations Manager or designee a telephone number at which the Contractor's representatives can be reached, at any hour, should an emergency occur requiring replacement or relocation of the required traffic control devices. Prior to the start of any construction, the Contractor shall inform the AGENCY's Police and Fire departments of the project location, approximate start date, completion date, and the name and telephone number of Contractor representatives who may be contacted at any hour in the event of an emergency. i. POLICE DEPARTMENT: Watch Commander @ 714/960-8809 ii. FIRE DEPARTMENT: Battalion Chief/Development @ 714/536-5411 e. Information signs shall be required on all arterial streets one week prior to beginning of roadway construction projects. The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. g. Contractor shall require that all personnel who are working the project site wear an approved safety vest. Any worker without a vest may be ordered off the job until such apparel is acquired. Questions as to approved vests shall be directed to the Maintenance Operations Manager or designee. h. Prior to the beginning of work, the Contractor shall execute the construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the work involved with a minimum of inconvenience to the motoring public. Removing the existing striping shall delineate any relocation of travel lanes longer than three calendar days and legends by wet sandblasting and placing new striping and legends as required. Upon completion of the work and the restoration of the road surface to its final condition, the Contractor shall remove temporary striping by wet sand blasting. If the traffic cones or portable delineators are damaged, displaced or are not in an upright position, for any reason, the contractor shall immediately replace or restore to their original location, in an upright position, the cones or portable delineators. The Contractor shall furnish such flagmen and equipment as are necessary to give adequate warning to traffic or to the public of any dangerous conditions in accordance with the current State of California Department of Transportation "Instructions to Flagmen". All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY Yard or disposed of as directed by the AGENCY. Warning Signs 10 FACILITIES MSC-487 Adequate warning signs for motorists shall be placed and maintained throughout all applicable phases of the work including speed limit reduction, loose gravel, fresh oil, and open trench. Signs shall be 36" X 36" in size; shall be on site ready for placement prior to start of the applicable phase of work and shall be placed in advance on all streets approaching the work zone. 4. Street Closures, Detours, Barricades Street closures will not be allowed except as specifically permitted by the Maintenance Operations Manager or designee. b. Construction Traffic Control Plans shall be prepared in accordance with the AGENCY's latest Traffic Control Plan Preparation Guidelines and shall be reviewed and approved by the Engineer. The Contractor shall submit the plans to the Maintenance Operations Manager or designee for approval or correction at least 10 working days before approved plans will be required for commencing the work. Approval of the plans by the Maintenance Operations Manager or designee shall not relieve the Contractor from the responsibility for errors or omissions in the plans or from deviations from the Contract Documents. The Contractor shall be responsible for the correctness of the plans and for the results obtained by the use of such plans. 5. Protection of the Public a. It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service or from the failure of partly completed work or partially completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. b. Whenever, in the opinion of the Maintenance Operations Manager or designate, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures of property, which may be damaged by the Contractor's operations and when, in the opinion of the Maintenance Operations Manager or designate, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Maintenance Operations Manager or designate will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation, the Maintenance Operations Manager or designate may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary. 11 FACILITIES MSC-487 MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A k'_/3 C. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. 6. Hauling a. Spillage resulting from hauling operations on or across public thoroughfares shall be immediately removed at Contractor's expense. If the spillage is of a hazardous substance, such as petroleum products, or pesticides, Contractor is required to contact the Maintenance Operations Manager or designate immediately and also prevent the substance from running into storm drains. Il. TURF MAINTENANCE Mowing and Edging a. Turf areas shall be mowed, edged or trimmed weekly. Turf areas consisting of cool season grasses shall be mowed before reaching four (4) inches in height and shall be mowed no lower than two (2) inches in height. Turf shall be mowed once per week or as directed by the Maintenance Operations Manager or designee. b. Turf areas consisting of warm season grasses shall be mowed with a reel mower. During dormancy seasons the warm season grasses shall be mowed as needed to keep grass at 1/2".to 3/4" in height. During the growing season the warm season grasses shall be mowed to keep the grass at 3/4" in height. The City may request the Contractor to vary mowing heights for special events and conditions as directed by the Maintenance Operations Manager or designee. C. The Contractor shall submit a mowing schedule of days and times for each designated park and landscape site. The Contractor shall maintain the schedule as closely as possible unless a change is authorized or directed by the Maintenance Operations Manager or designee. d. Turf clippings and debris shall be lifted the same day of each mowing, trimming or edging operation and shall be removed from each park and landscape site. e. Turf shall be trimmed to the edge of sidewalks, curbs, mow -strips, retaining wails, posts, valve boxes, controllers, light standards and any paved surface. Turf shall be kept trimmed or sprayed with a contact herbicide for a sufficient distance from sprinkler heads to ensure proper sprinkler coverage and for a distance of eighteen (18) inches from all tree trunks. Contractor shall exercise care not to spray tree trunks with any chemicals or injure the tree trunk with any chemicals or injure the tree trunks with mechanical equipment. Watering 12 FACILITIES MSC-487 An automatic irrigation system is provided for the Contractor's use to maintain optimum soil moisture content to ensure healthy, vigorous growth but shall not be intended as the only. means of irrigation. Should there be an interruption of electrical power or malfunctioning of the controller or control valves for more than two (2) consecutive days, the Contractor shall be required to water by other means if necessary to prevent deterioration of the areas involved. The contractor shall be responsible for providing control and monitoring irrigation operations to provide sufficient water for optimum growth with a minimum of water run-off. Unnecessary flooding or excessive watering shall be corrected as quickly as possible. Fertilization a. Prior to fertilizer applications, notification shall be made as required in Part II, Section 23, of these specifications. A city representative shall verify the fertilizer quantity at the park site at the time of each application. Empty bags may be required for verification of quantities. b. All turf grasses shall be fertilized as follows: All turf shall receive three (3) pounds per 1,000 square feet of Calcium Nitrate per application March and late October. In May, July and September all turf shall receive one (1) pounds of complete fertilizer 16-6-8 per 1,000 square feet per application. Application subject to change per Maintenance Operations Manager or designee recommendation. The fertilizer applications shall be applied immediately after the aerification operation, This is subject to change per Maintenance Operations Manager or designee recommendation 4. Insect, Disease and Pest Control Contractor shall provide complete insect, disease and pest control as necessary or as directed by the Maintenance Operations Manager or designee. Contractor shall obtain the Maintenance Operations Manager or designee approval forty-eight (48) hours prior to the use of any chemical, mechanical or any other mechanical or any other method control. 5. Weed Control All vegetation shall be sprayed and removed for a distance of eighteen (18) inches from tree trunks to form tree wells. Any additional weed control in turf areas shall be as needed or as directed by the Maintenance Operations Manager or designee. Weed control required and approved within turf areas by the Maintenance Operations Manager or designee is considered as part of contract. 6. Soil Aerification Turf aerification shall be accomplished just prior to each fertilizer application. The entire turf area shall be aerated with a self-propelled machine that removed cores of soil 314" in diameter by four (4) to six (6) inches long, spaced on more than six (6) inches before aerofying. Aerification shall be done immediately after thatch removal operation in early 13 FACILITIES MSC-487 MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A 1L 13 May. This is subject to change per Maintenance Operations Manager or designee recommendation. 7. Thatch Removal Thatch shall be removed with a vertical mower, or approved equal, once a year in early October from all turf areas as directed by the Maintenance Operations Manager or designee. Care shall be taken to avoid unnecessary or excessive injury to the turf grass stand. Sweep or rake the dislodged thatch from the turf areas and remove from each park and landscape site. After the thatch is removed, turf shall be aerofied, fertilized and watered. 8. Insect, Disease and Pest Control Contractor shall provide complete insect, disease and pest control as necessary or as directed by the Maintenance Operations Manager or designee. Contractor shall obtain the Maintenance Operations Manager or designee approval forty-eight (48) hours prior to the use of any chemical, mechanical or any other mechanical or any other method control. 9. Weed Control All vegetation shall be sprayed and removed for a distance of eighteen (18) inches from tree trunks to form tree wells. Any additional weed control in turf areas shall be as needed or as directed by the Maintenance Operations Manager or designate. 10. Re -Planting The contractor shall re -sod all turf lost due to Contractor's incorrect maintenance or negligence, as determined by the Maintenance Operations Manager or designee. V. SHRUB AND GROUND COVER MAINTENANCE 1. Pruning and Trimming Ground cover shall be kept trimmed to the edge of sidewalks, light fixtures, driveways, mow -strips, retaining walls and buildings. Ground cover shall be kept one (1) foot from fences, property lines, trees and shrubs, In no case shall ground cover be allowed to climb walls, fences, light fixtures, buildings, shrubs and trees. Shrubs shall be selectively pruned to a distance of (1) foot from fences, buildings, driveways, sidewalks, trees, retaining walls and sprinkler heads. In no case shall hedging or shearing be allowed prior to approval of the Maintenance Operations Manager or designate. The Contractor shall prune where necessary to maintain safe vehicular and pedestrian visibility as directed by the Maintenance Operations Manager or designee. Watering See Part IV, Section 2. 14 FACILITIES MSC-487 3. Fertilizing Ground cover and shrub areas shall be fed between March and May with a complete fertilizer, 16-6-8 plus trace elements at the rate of 275 pounds per acre or approximately six (6) pounds per 1,000 square feet. Water thoroughly the day before fertilizing and thoroughly again immediately after the application of the fertilizer. Wash all plant food off foliage. 4. Insect, Disease and Pest Control See Part IV, Section 4 5. Weed Control The Contractor shall maintain a pre -emergence and post -emergence program for the entire duration of the contract. Ground cover and shrub areas shall be weeded before any weeds reach four (4) inches in height. Pre -emergent herbicide shall be applied in early March and again in early September according to the manufacturer's recommendation each year in all ground cover areas. Post -emergent herbicide shall be applied as needed; as directed and the type approved by the Maintenance Operations Manager or designee depending upon the type of ground cover involved. Serious pest weeds, such as Bermuda grass and Bindweed shall be spot treated with a portable sprayer or wick wand as needed with an effective herbicide and applied per manufacturer's recommendations. Water shall not be applied to treated areas for forty- eight (48) hours after each application. Sprayed weeds shall be left in place for a minimum of seven (7) days. If kill is not complete, a second application shall be applied as above. After a complete kill, all dead weeds shall be removed from the park site. Nutsedge shall be treated a minimum of once per month until complete control is achieved as specified above and as directed by the Maintenance Operations Manager or designee. VI. TREE MAINTENANCE Pruning and Trimming The Maintenance Operations Manager or designee shall be notified prior to any trimming. All trees of twenty-five feet (25') height or less shall be shaped, trimmed and pruned, to the highest arboricultural standards, as supervised by Contractor's certified Arborist. Trees shall be thinned out, headed -back and shaped a minimum of once a year. Any dead or damaged branches shall be removed back to a lateral branch. No stubs will be permitted. The Contractor shall restrict growth through pruning to maintain safe road visibility, vehicle and pedestrian clearances, equipment accessibility and to prevent or eliminate hazardous situations. All palms are to be trimmed as often as necessary to remove dead fronds and or fruit. Watering See Part IV, Section 2, of these specifications. 3. Fertilizing 15 FACILITIES MSC-487 MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A ' Trees shall be fed in early March with a complete balanced fertilizer 16-6-8 plus trace elements at the rate of six (6) pounds per one (1) inch of trunk diameter measured one (1) foot above ground. Fertilizer shall be broadcast round the drip line of the trees and watered thoroughly. 4. Ground Water Pumping Trees provided with PVC vents shall be pumped with a portable pumping device to prevent standing water at lower root zone as needed. Weekly inspection of these vents shall be made by the Contractor and if necessary, corrective action taken immediately. Tree Staking and Tying Trees shall be staked in accordance with Standard 703 revision of the City's Standard Plans, dated July 17, 1981. Stakes and ties shall be placed in such a manner that no trunk chafing occurs. Stakes and ties shall be checked periodically to prevent girdling and/or restriction of growth. VI 1. WOOD CHIP MULCH AREA MAINTENANCE Wood chip areas shall be kept evenly spread at a uniform four (4) to six (6) inch depth. Contractor shall remove weeds and debris as required herein. Replenishment Once per year the contractor will furnish wood chips to the work sites for replenishment. The Contractor shall spread the wood chips evenly over the entire wood chip mulch areas to a uniform depth. The contractor shall remove vegetation, branches, logs, paper and other debris from the wood chips and dispose of any objectionable material off the work site. No ash, palm, or pepper wood chips are to be used on city sites. b. Weed Control i. Weeds shall be either pulled or sprayed and removed from non -vegetative areas before reaching four (4) inches in height. ii. Serious pest weeds shall be treated as specified in Part V, Section 5, of these specifications. No sterilants of any kind are to be used in these areas. Ix. SAND AND PLAY AREA MAINTENANCE Sand play areas shall be kept free of weeds, litter and debris. Sand shall be kept in a reasonably leveled condition, as directed by the Maintenance Operations Manager or designee; rototilled six (6) times per year, to a depth of 12 inches. Dates to be agreed upon by Contractor and City Maintenance Operations Manager or designee. Contractor shall provide additional sand when required. The City's Maintenance Operations Manager or designee will determine the screen size/type and quantities. New sand shall 16 FACILITIES MSC-487 be placed and graded in a uniform manner, at a consistent level. All sand play areas shall maintain a sand depth of 18 inches or more. Weeds shall be removed by physical means as needed except serious pest weeds shall be treated as specified in Part V, Section 5, of these specifications. No herbicide use permitted. X. PLAY EQUIPMENT, PARK FURNITURE, ACCESSORIES AND FACILITIES MAINTENANCE Contractor shall report any major deficiency or the need of replacement of play equipment, park furniture and accessories and facilities included but not limited to walks, play courts, benches, restrooms, picnic tables, fountains, play apparatus and trash receptacles to the Maintenance Operations Manager or designee. The Maintenance Operations Manager or designee will then determine the extent of the removal or replacement, if any. Where public safety is affected, the Contractor shall report to the Maintenance Operations Manager or designee immediately by phone at 714/536-5480 or reporting to Park, Tree and Landscape Maintenance Facility at 17581 Gothard Street, Huntington Beach, CA. 92647. XI. IRRIGATION SYSTEMS MAINTENANCE The controlling factor in the performance of water management within the City landscape maintenance areas is the application of water to landscape plants at a rate which closely matches the actual demands of plant material and little or no runoff. Roadway safety and maintenance is the first and foremost reason why water must be strictly controlled with the City. Other important water management considerations include safe and dry right-of-ways for community use, water costs, plant health and compliance with applicable City water -usage ordinances. Watering Where an automatic or manual irrigation system is provided for the contractor's use to maintain optimum soil moisture content to ensure healthy vigorous growth but shall not be intended as the only means of irrigation. Should there be an interruption of electrical power or malfunctioning of the controller or control valves for more than two (2) consecutive days, the Contractor shall be required to water by other means if necessary to prevent deterioration of the areas involved. The Contractor shall be responsible for providing control and monitoring irrigation operations to provide sufficient water for optimum growth with a minimum of water run-off. Unnecessary flooding of excessive watering shall be corrected as quickly as possible. b. Manual irrigation by means of water truck shall be provided at all locations where no irrigation -system exists. C. Irrigation/Operation and Maintenance 17 FACILITIES MSC-487 MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A k16 All landscaped areas shall be irrigated as required to maintain adequate growth and appearance. Irrigation shall be accomplished in accordance with these specifications/guidelines and the following time frames: Manual Irrigation 9:00 AM — 3:00 PM Slopes 10:00 PM — 5:00 AM Public Works Facilities 10:00 PM — 5:00 AM All Work Sites 10:00 PM -- 5:00 AM 2. Operation/Repair a. The entire irrigation system to include all components from connection at back side of water meter shall be maintained in an operational state at all times and the expense included as part of this Contract. This coverage shall include but not be limited to the following: all controllers, back -flows and remote control valves, gate valves and sprinkler heads etc. b. All irrigation systems shall be tested and inspected and a written report submitted to the City when requested. All systems shall be adjusted in order to: Provide adequate coverage of all landscape areas. ii. Prevent excessive runoff and/or erosion. iii. Prevent watering roadways, walkways or private property. iv. Match precipitation rates. v. Limit hazardous conditions. vi. Maintain optimum soil moisture content to ensure healthy vigorous growth. d. All irrigation systems shall be tested and inspected as necessary when damage is suspected or observed, or reported daily if necessary. e. Repair malfunctioning controllers, backflows, quick couplers, flow meters, moisture sensors, manual or automatic valves and sprinkler heads within twenty- four (24) hours of receipt of verbal or written notice. Correct deficient irrigation systems and equipment as necessary following verbal notification from the Maintenance Operations Manager or designee. g. The Contractor shall turn off or adjust to low volume exercise irrigation system immediately as directed during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticultural maintenance practices. 18 FACILITIES MSC-487 h. Once the Maintenance Operations Manager or designee acknowledges the necessity to turn on the water once again, all controllers shall be activated within twenty-four (24) hours. i. Backflow Maintenance, Testing and Certification on a Yearly Basis shall be included in the Contract Price. j. The County of Orange and the City of Huntington Beach Water Purveyors shall approve Backflow certification. k. Battery operated controllers will be kept in continuous operating condition by replacing batteries when necessary at Contractor's expense. L Contractor will maintain, in continuous optimum operating condition solar powered controllers at all sites at which such units are installed. m. Contractor shall provide personnel fully trained in all phases of landscaping and irrigation systems operation, maintenance, adjustment, and repair, in all types of components to include irrigation control clocks, valves and sprinkler heads; and with all brands and models of irrigation equipment. n. Adjustment, damage and repairs shall be divided into the following categories and actions: i. All sprinkler heads shall be adjusted or replaced to maintain proper coverage. Adjustment shall include, but not be limited to, actual adjustments to heads, cleaning and flushing heads and lines, and removal of obstructions. Costs for adjustment or replacements shall be included in costs for operation and maintenance of the irrigation system. ii. All damage resulting from Contractor's operations shall be repaired or replaced prior to the end of the workday at the Contractor's expense. iii. Repairs to the irrigation system shall be completed within 24 hours after notification to the Maintenance Operations Manager or designate on major component damage such as broken irrigation lines, defective or broken valves and within 24 hours after approval by the Maintenance Operations Manager or designate on repairs to sprinkler heads and other minor items. iv. All replacements shall be in strict accordance with City of Huntington Beach equipment and installation standard plans, no substitutions will be permitted. v. Turf, shrubs, trees and ground cover shall be regularly mechanically trimmed around sprinkler heads to insure proper operations and coverage of the system. 3. Personnel a. The Contractor shall provide personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustments, and repair, in all types of 19 FACILITIES MSC-487 MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A components to include irrigation controllers, valves, sprinkler heads, and with all brands and models of irrigation equipment used within the city. 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 the English language. 4. Materials All replacement materials are to be with original types and model materials, unless the Maintenance Operations Manager or designee approves a substitute. b. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems. Contractor shall implement repairs in accordance with all effective warranties Water Management Contractor will keep system operating at manufacturer's recommended operating pressure. The valves should be throttled so as to prevent sprinkler heads from fogging, allowing droplets for effective watering. The Maintenance Operations Manager or designate may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. b. The contractor will be responsible for setting and monitoring the irrigation controllers and will not manually activate automatic valves unless associated with system repairs. All systems shall be programmed weekly and/or as needed to maintain healthy plant materials and landscape. i. All program changes shall be recorded on the Irrigation Program Log. ii. Controller program is to be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with irrigation schedules provided by the City in Section VIII. XI I. CLEAN UP After Contractor has completed all operations as specified in these specifications, he shall remove and dispose of all clippings, cuttings, trimmings, weeds, leaves, paper, trash and other debris existing or due to this operations from the park and landscape sites, at the end of each day's work. Trash receptacles shall be emptied twice per week, or as agreed upon by the Maintenance Operations Manager or designate. Trash removal and disposal shall be included in the contract price. Contractor shall vacuum clean all walks, driveways, court game pavement areas, gutters, parking lots and other areas adjacent to work locations, per work schedule. 20 FACILITIES MSC-487 The use of water is prohibited for cleaning purposes unless no other means of effective cleaning or unless otherwise specified. Contractor shall be responsible for the periodic inspection and cleaning of all catch basins, drain lines and curb drains within a park site. Any damages resulting from the Contractor's negligence of these inspections and/or lack of corrective measures shall be the Contractor's sole responsibility. Expansion joints or cracks in pavement areas shall be spot treated with a combination of non -selective contact herbicide as needed for weed control. Fountains The following treatments shall be included. Treatment of water with algaecides, filter cleaning, pool sweeping, water line scrubbing, debris removal, light bulb replacement as needed. Pump or pool repairs when needed along with pool repainting. Since the water fountains run continuously it is imperative that Contractor monitor the algaecide tablets at all times. If soap is deposited in fountains, Contractor shall drain and clean it or add a state -approved defoamer. 4. Performance Requirements for Hardscapes During each site visit concrete and asphalt areas, including driveways, parking areas, sidewalks, curb and gutters, expansion joints and walls adjacent to city landscape shall be kept clear of dirt, mud, trash, weeds and any other substances which are either unsightly or unsafe. XIII. EXHIBITS A. Weekly Inspection Sheet B. Deficiency Notice C. Downtown Commercial District Locations D. Maps E. Service Schedule F. Staff Requirements G. Sample Contract H. Insurance Requirements 21 FACILITIES MSC-487 EXHIBIT A Weekly Inspection Sheet MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A k13' Location: Date: Inspected By: Hazardous Condition Present: Yes ❑ No Good Fair Needs Improvement Overall Condition Turf Mowing Edging Weeds Litter Removal Clipping Removal El El Aerate & Fertilize D El Walkways Play Equipment F1 El Playground Sand Pits El F Chemical Edging D El Rodent Control F1 El Trees Trimming El Staking ❑ Wood Chipping D El Planters Trimming F1 El Weeding El Wood Chipping Irrigation Controller Adjustments [� Parts Replacements Picnic Shelters Restrooms Facilities Vertical Mowing F1 El Corrections and/or Comments Needed (if any): EXHIBIT B CONTRACTOR: _ LOCATION: DATE INSPECTED: INSPECTED BY: CITY OF HUNTINGTON BEACH LANDSCAPE MAINTENANCE CONTRACT DEFICIENCY NOTICE & PUNCHLIST TURF: Bare Areas / Overseed Weeds - Grassy Erosion / Depressions --Dead/Stressed Weeds - Broadleaf Rodents Mowing / Edging Aeration / Verticutting Fertilize Clippings / Debris HARDSCAPE/STRUCTURES/WALLS: Clean Walks / Gutter Graffiti Removal Weeds Clean Drains / Vee Ditch Hazardous Conditions GROUND COVER: Missing / Replant Weeds - Broadleaf Cultivation Dead / Stressed Fertilize Erosion/Depressions Trim Walks / Fences Pests Buffer Zone Maint Trim Heads / Boxes Rodents Weeds - Grassy Clippings / Debris LIGHTING: Non -operational Broken / Damaged Timer Programming SHRUBS: Missing/ Replant Fertilize Pests Dead / Stressed Trim / Prune TREES: Missing / Replant Fertilize Stakes / Arborguard Dead / Stressed Thin / Prune / Suckers Water Fountains Arborguard Weeds Pests IRRIGATION: Broken Heads Clogged Nozzles G.C. Overwater Missing Heads Leaky Seals G.0 Underwater Leaning Heads Valve Condition/Leak Shrubs Overwater Stake Heads Programming Shrubs Underwater Box / Lid Conditions Turf Overwater Trees Overwater Arc Adjust Turf Underwater Trees Underwater Comments: Received by: Signature Date Print Name MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A EXHIBIT C DOWNTOWN COMMERCIAL DISTRICT LOCATIONS & SQUARE FOOTAGE NAME LOCATION SQUARE FEET RD 5TH STREET PLANTERS FROM WALNUTTO ORANGE AVENUES 1,200 451 5TH STREET PUBLIC WALKWAY W/FOUNTAIN 5TH STREET TO ALLEY 7,800 451 MAIN STREET COMMERCIAL AREA PCH TO ACACIA AVENUE 69,444 451 MAIN STREET PARKING STRUCTURE 200 MAIN STREET 5,489 451 POLICE SUBSTATION (SHANK HOUSE) 204 5TH STREET 909 451 POST OFFICE 316 OLIVE AVENUE 6,390 451 MAIN STREET PUBLIC WALKWAY W/FOUNTAIN MAIN STREET TO ALLEY 5000 451 PLANTERS AT 5TH AND WALNUT S/E CORNER WALNUT & 5TH STREETS 300 451 TOTAL SQUARE FEET 96,532 EXHIBIT D LOCATION MAPS LOCATION RD PAGE # Beach Operations Yard 474 1 Bolsa Chica Pump Station 197 2 City Gym and Pool 441 3 Civic Center 431 4 Don Kiser Corporation Yard 271 5 Downtown Commercial District 451 6 Edwards Fire Station #6 318 7 Edwards Hill Reservoir 318 7 Flounder Pump Station 426 8 Malibu Pump Station 485 9 Marilyn Pump Station 169 10 Meredith Pump Station 447 11 Newland House and Barn 433 12 Park Tree and Landscape Yard 281 13 Peck Reservoir 127 14 Rodgers Senior Center 349 15 Scenario Pump Station 155 16 Shields Pump Station 168 17 Utilities Yard (Water Operations) 422 18 Warner Fire Station/Parking Lot 173 19 Well Site #1— Capetown 138 20 Well Site 43a — Oak 272 21 Well Site #5 — Warner 264 22 Well Site #9- Warner 264 22 Ocean View Estates (Additive Location) 291 23 r 7 Landscape Maintenance -Facilities 12-13 Exhibit A mi . .. Am MR. Ake AIV AIL AFL J& -,AL A A A . A A t. " Uek�v:'.r_."'.�i-.�� c nn�t% .�.n � A'�C�' � ...'R.�'_ ��'!_'4e51� .i,S4 ITG�!'!•:! _ - ... as-4��• FA 'IFAJ n i i .= .:in m m m i in m .i m m i m m m m i m M _M a 1 I1�-1IIqI, IPIeI-- 0< I M I o I \tIr 1 -,o urt 01b 000 ON OIL --------_ `-! _�h� �ZI'1 ��< <e cl �l// jJ`\ , b^M1 •.���o `��oea � :� t t / tC -' e�.d� � n: � �I �/4 i 3 '.ci i � � �� ': �, • / � �' / ;/�'.�i?/� _ �/ ire ,� .. . ui ✓ /,� % i /� /l s ,�/ •i`' Imo„ i �� %� ^�Oo�; .^;. } M1y^ % �,�/� it �(� /• VV Nw i $ C zew e yy g ^ 5 n � RR44v� u O L L L lR CLCL a cc O D' 0 ❑ MSC-487 Landscape Maintenanc Exhibit 4 YA �� p MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit AY -11- a 9-li- DpW-t H.B. 018 117 126 127 128 137 Beat 12 OC 2811 TG 827. E3'. is L -- - ------.- - _ -- -- - . . .AM jm.� im AWj- Vi _. I MSC-487 Landscape r(Ir�tl� r� ff Locked Gate i 1 163 173 174 Exhibit A silo*% ssssss:gl& 5 4 49's *is . of . w go 4 f.gw I -22- a A'A A 2.41" MSC-487 Landscape Maintenance -Facilities 12-1 -23- Exhibit ARS, 0 EXHIBIT E SAMPLE SERVICE SCHEDULE LOCATION RD DAYS OF WEEK M T W TH F_`, Beach Operations Yard 474 Bolsa Chica Pump Station 197 City Gym and Pool 441 Civic Center 431 Don Kiser Corporation Yard 271 Downtown Commercial District 451 Edwards Fire Station #6 318 Edwards Hill Reservoir 318 Flounder Pump Station 426 C= Malibu Pump Station 485 Marilyn Pump Station 169`_ Meredith Pump Station 447 Newland House and Barn 433 ".in Park Tree and Landscape Yard 281 Peck Reservoir 127 Rodgers Senior Center 349 Scenario Pump Station 155 ;V Shields Pump Station 168 =' Utilities Yard (Water Operations) 422 Warner Fire Station/Parking Lot 173 .3`3 Well Site #1— Capetown 138= Well Site #3a — Oak 272 r_ Well Site #5 —Warner 264s Well Site #9- Warner 264 MSC-487 Landscape Maintenance -Facilities 12-13 Exhibit A q Q EXHIBIT F MINIMUM STAFF REQUIREMENTS LANDSCAPE MAINTENANCE SERVICES -FACILITIES, MSC-487 Following are the minimum staffing requirements to service this contract: PERSONNEL QUANTITY FUNCTION Supervisor/Foreman One (1) Liaison between Contract crews and City Irrigation Tech One (1) Maintain irrigation systems Grounds Maintenance Two (2) Perform specified maintenance tasks EXHIBIT G SAMPLE CONTRACT Sample contract is included as a representation of terms and conditions. MSC-487 landscape Maintenance -Facilities 12-13 CITY OF HUNTINGTON BEACH Phone: 714-374-5378 Fax: 714-536-5212 Insurance Requirements vary for different applicants. Please see the below listed applicant types followed by the insurance requirements. City of Huntington Beach Resolution 2008-63 requires that contractors, permittees, licensees/lessees and vendors have an approved Certificate of Insurance on file with the City of Huntington Beach for the issuance of any permit or city contract. The insurance certificate must be approved by the City Attorney's Office as to meeting all of the city's insurance requirements. An original certificate is required or a PDF version attached to an email may be forwarded. If the insurance certificate is faxed, it must come directly from the insurance provider to the City of Huntington Beach. All insurance must be from a California admitted carrier with a current A.M. Best's Rating of no less than A:VII 1. CONTRACTORS — Any persons or entities or Contract with the City and/or provide service to the City which are readily available and efficiently procured by competitive bidding. Requirements: General Liability, Workers' Compensation, Auto Liability, Additional Insured Endorsements 2. DESIGN PROFESSIONALS- Professional Service contractors who contract with the City and/or provide architectural and/or engineering services to the City. Requirements: Errors and Emissions (Professional Liability) $I, 000, 000 coverage 3. LICENSEES/LESSEES — any person or entities who make contract with the city for the use of public property. Requirements.' General Liability, Workers' Compensation, Property Insurance (full replacement costs with no coinsurance penalty provision), Additionallnsured Endorsement 4. PERMITEES — any persons or entities who make application to the City for any use of encroachment upon any street, waterway, pier, or City property. Requirements: General Liability, Workers' Compensation, Auto Liability, Additional Insured Endorsements 5. PROFESSIONAL SERVICES — means those services, which involve the exercise of professional discretion and independent judgment on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to Huntington Beach Municipal Code Section 3.02. Such Services shall include but not be limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants. Requirements: Errors and Emissions (Professional Liability) $I, 000, 000 coverage Private Property Work Permit Requirements — If the planned work does not involve public property or its right-of-way (e.g. sidewalk/street), the Workers' Compensation Certificate is the only insurance requirement. However, if the work site is adjacent or attached to public property, the City Attorney's Office must be informed for consideration of liability and decides whether or not to approve the certificate with a specific "Private Property Only" approval stamp. ➢ General Liability (G/L) — The general liability requirement is for $1,000,000 with "per occurrence" type claims coverage and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. (see below for Additional Insured requirements) ➢ Additional Insured Endorsement Requirements — The City, its officers, elected or appointed officials, employees, agents and volunteers are to be specifically named and covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its agents, officers and employees. The endorsement should include the policy number it correlates to. ➢ Primary Insurance — General Liability Insurance coverage shall be primary insurance as respects the City, its agents, officers, and employees. Any insurance or self-insurance maintained by the City, its agents, officers, and employees shall be excess of the submitted insurance and shall not contribute with it. ➢ Description of work — The staff contact and purpose of the evidence of coverage must be identified on the certificate of insurance. ➢ Automotive Insurance — Automobile insurance requirement is for $1,000,000 and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. Permittees who do not use vehicles or equipment in connection with the permit can request to waive the Auto insurance requirement. ➢ Worker's Compensation Insurance (W/C) — The Worker's Compensation insurance requirement is the State statutory limits of $250,000 bodily injury by disease, policy limit, and $100,000 bodily inf iry each employee for accident or disease per occurrence. Certificate holder listed on the certificate is: City of Huntington Beach, 2000 Main St., Huntington Beach, CA 92648. If your organization/company has no compensated employees working on the project, you may complete and return a "Non -Employer Status" form to be used in lieu of a W/C insurance certificate. ➢ Cancellation Clause Notice — The cancellation clause must contain a thirty (30) day notice. A ten (10) day notice for non-payment of premium is acceptable in combination with 30 day notice. ➢ Professional Liability — Coverage must be provided at a minimum of $1,000,000 per occurrence and in the aggregate. ➢ Deductibles— The following deductibles are acceptable and all others must be removed from the insurance policy or a waiver can be requested (No allowances for SIR) o General Liability - $5,000 o Auto Liability - $1,000 o Professional Liability/Errors & Emissions - $10,000 ➢ Waiver Procedure —If unable to comply with a requirement, the "INSURED" may request a waiver of a specific requirement. The Insurance Waiver form is an internal form that the City of Huntington Beach will complete. (see following page for waiver form) The exception to the waiver is the G/L & Auto "Additional Insured Endorsement" page. 0 MSC-487 Landscape Maintenance -Facilities 12-13 Waiver Procedure To request a waiver, indicate here[] and provide a brief description ( 1 — 2 sentences) of the proposed work/project, its dollar value (if not a specific dollar amount, use an average, annual estimate or non-profit) and projected timeframe (perjob or as -needed basis). For substantial dollar deductible/SIR amounts, a financial statement is required (Balance Sheet, Budget Reports, Dun & Bradstreet Report, etc.). Waiver Requested: Encroachment Permit[] Private Property Work Permit[] Consultant Services❑ Other: Proposed Work: Dollar Value: Projected Timeframe: MSC-492 Park Maintenance Services 12-13 Exhibit A GENERAL SP15CIFICATIONS FOR PARK AND LA` NDtdApE I INTENAAICE FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA Work Schedule a. The Contractor sha11 deliver to the City a complete park and landscape maintenance weekly work schledule along.wM the _size of work crew and equipment summary sheet, prior to start of the maintenance contract. b. The City retains the right to have certain work sites maintained on certain days. c. Contractor is expected to have the same maintenance work crew assigned to its work sites at all times, on a continuous basis. d. Contractor at no time shall leave a work site to complete another site or project, without having completed the work assignment for that day. e. All scheduled weekly/bi-weekly tasks must be completed in one service visit. Z• Emergency Services The Contractor shall provide the City with the names and telephone numbers of at least two (2) qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present. Such work will be performed and is considered part of contract. The City shall call for such assistance only in the event of a genuine and substantial emergency, The Contractor shall provide emergency call out personnel, which will respond to the work site within one hour of call from City. Emergency services and call outs are part of this contract. Failure to respond to emergency call out resulting in the dispatch of city response personnel will result in a $75.00 per hour call out fee with a two-hour minimum. 3. Working Time Limits All work specified shall be performed between the hours of 7:00 a.m. and 5:00 p.m., and between the days of Monday and Friday, or as directed by the Maintenance Operations Manager or designee. 6. Improvements The Contractor or third party may do construction of sidewalks, turf areas, play equipment, and irrigation system installations, when requested by the City. Such work shall be considered as extra work and shall be paid for as specified. 7. Qualifications of Contractor In order to be eligible to enter into this contract with the City, the bidder shall: 1 PARK MAINTENANCE 12-13 MSC-492 INTENTIONALLY BLANK MSC-492 Park Maintenance Services 12-13 Exhibit A a. Have been engaged successfully in the maintenance of automated/computerized irrigation systems, trees, shrubs, ground cover, turf areas and pest management services for a period of at least five (5) years at the time of the awarding of this contract. b. Agree to employ an English-speaking crewleader on a regular basis to supervise the work at the landscape sites. C. Be recognized by the City as well qualified to perform park and landscape maintenance on the basis of experience, expertise, equipment and financial stability. d. Contractor must have worked for a Public Agency on at least six (6) current landscape contracts for landscape maintenance' three (3) of which bust be of relatively similar size, level of service and cost as this specific work or greater than this project. e. The following must be supplied by contractor: Contractor must have a valid California C-27 license. ii. Contractor or contractor's employee must be Certified Pest Control Operator as certified by the State of California and shall maintain the Certification during the term of this agreement. iii. Contractor must have on staff and maintain during the term of the contract, a State Certified Pest Control Advisor for written recommendations. iv. Contractor must have on staff and maintain during the term of this contract, an ISA Certified Arborist for written recommendations. Contractor must have radio or telephone communications between office and field personnel. vi. Contractor must have 24-hour answering service. vii. Contractor must have sufficient vehicles and equipment to maintain contract and meet City inspection. No employee's personal vehicle shall be used to maintain City Contract. viii. Employees must wear orange or similar fluorescent colored, high -contrast reflective shirts or vests for safety purposes, and uniforms identified with company name. ix. Contractor must obtain and keep current a City Business License. X. Contractor must have vehicles marked with name and telephone number of Company. Vehicles must be in good repair and painted a uniform color. When on duty in City, vehicle must display a sign with the message "Under Contract to City of Huntington Beach." 2 PARK MAINTENANCE 12-13 MSC-492 xi. Contractor must maintain insurance as required by City during term of contract. Contractor must provide the following organizational information (include with Bid Proposal): 1. Organization Chart inclusive of executives and descending to on -site crewieader. ii. Brief description of company personnel and training procedures. iii. The Contractor shall provide a qualified, English speaking crewleader or supervisor to oversee the work force. A listing of guaranteed size of work force by job classification shall be provided to the City prior to beginning work, iv. The Contractor shall provide schedule of hourly rates for all job classifications to be used for determining cost of extras. Public Safety Where public safety is affected, the Contractor shall make immediate equipment repairs or removals of landscape and irrigation material and shall report such repairs or removals within 24-hours to the Maintenance Operations Manager or designee. 9. Loss a. City -owned property whether real or personal, which is damaged or destroyed through vandalism or fire or which disappears through an unknown source and is repaired or replaced by the contractor after prior approval by the Maintenance Operations Manager or designee shall be part of contract. b. Where public safety is affected, the Contractor shall make immediate equipment repairs or removals and shall report such repairs or removals within 24- hours to the Maintenance Operations Manager or designee. 10. On -Site Storage The storage of tools, equipment or materials within the project area, public right-of-way or easements is prohibited. 11. Personal Attire and Equipment a. The Contractor shall require each of his employees to adhere to basic Public Works standards of working attire. This includes uniforms with company identifier, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times, buttoned and tucked in. Blue uniforms are not acceptable. 3 PARK MAINTENANCE 12-13 MSC-492 MSC-492 Park Maintenance Services 12-13 Exhibit A b. Contractor shall display the name of his firm on any vehicles used by the Contractor's employees to carry personnel, supplies and equipment. The firm name shall be in letters large enough to be easily legible from a distance of one - hundred (100) feet. c. All contractor trucks and other vehicles shall be uniform in color scheme and paint: All vehicles and equipment shall be in good condition and appearance. 12. Chemical Control a. Contractor shall comply with ail rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations and all other agencies, which govern the use of application of chemicals required in the performance of the work. Chemicals shall include but not be limited to fertilizers, herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants and repellents. b. Contractor shall apply spray chemicals when air currents are motionless preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project. All chemical applications shall be recommended and supervised by the Contractor's state licensed Pest Control Advisor. The Contractor's state licensed Pest Control Operator shall make application. C. Contractor shall submit a schedule of work plus name of any chemicals used, outlining date, location and work to be performed, four (4) days prior to the week of work. Said schedule shall be submitted to the Maintenance Operations Manager or designate. d. The Contractor shall provide complete and continuous control and/or eradication of all plant pests or diseases. The contractor shall obtain any necessary permits to comply with City, County, State, or Federal regulations or laws prior to commencement of work e. Contractor will assume responsibility and liability for the use of all chemical controls, Pests and diseases to include, but not limited to, all vertebrates, insects, aphids, mites, invertebrates, pathogens, and nematodes. Controls to include necessary use of Integrated pest control systems involving the use of life history information and extensive monitoring. Control through prevention, cultural practices, pesticide applications, exclusion, natural enemies, biological control and host resistance. f. All material use shall be in strict accordance and applied within the most current EPA regulations and the California Food and Agricultural Code. g. City shall be notified prior to the applications of pesticides and other chemicals. Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with Maintenance Operations Manager or designee. Material use reports of all pesticides and chemicals shall be filed with the city no later than the 10"' of every month of the preceding month. 4 PARK MAINTENANCE 12-13 MSC492 h. Application of Pesticides 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 forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficiency, it shall be applied only in quantities of which each area is capable of receiving without runoff. iii. Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used to which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code or EPA regulations. iv. Equipment and Methods: Spray equipment shall be in good operating condition, quality, and design to efficiently and effectively apply materials to the target area. Minimize drift by avoiding high-pressure applications and using water-soluble drift agents. v, Selection of Materials: Pesticides shall be selected from those materials, which characteristically have the lowest residual persistence. Use of emulsifiable concentrates shall be used when possible to limit windblown particles. The use of adjuvants will be to increase pesticide efficiently thereby reducing the total amount of technical material required to gain control. vi. Substitutions: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the Maintenance Operations Manager or designee. vii. Certification of Materials: All materials shall be delivered on the site in original unopened containers. Materials shall be subject to inspection by the Maintenance Operations Manager or designee. viii. All areas of the landscape shall be inspected on a weekly basis for infestations of harmful pests such as gophers, rabbits, squirrels, ants, insects, mites, snails and sow bugs. Plants shalt be observed closely for leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliation, or wilted. ix. Identify the cause of injury and consult a State of California Certified/Licensed Pest Control Advisor before application of chemical treatments. 5 PARK MAINTENANCE 12-13 MSC-492 MSC-492 Park Maintenance Services 12-13 Exhibit A x. The State of California Agricultural Code requires that pest control chemicals may be used only after a written recommendation by a State of California licensed Pest Control Advisor is obtained, A recommendation consists of all the applicator should know for an accurate and safe usage. 1. The recommendation must be time and site specific. 2. Application of all pesticides shall be only by a properly State Licensed Pest Control Operator of a Certified Applicator of Pesticides. 3. There shall be no application of a pesticide without written permission of the Maintenance Operations Manager or designee. 4. In case a Restricted Use Pesticide is recommended, the City must be in receipt of use permit issued only by the County of Orange Agricultural Commissioner to the Contractor. 5. Contractor shall apply spray chemicals when air currents are still; preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project. 6. Contractor shall submit a schedule outlining date, location and work to be performed, four (4) days prior to the week of work. Said schedule shall be submitted to the Maintenance Operations Manager or designee. 13. Coordination Contractor shall coordinate work with the Maintenance Operations Manager or designee to prevent conflict with City programs and activities. The Maintenance Operations Manager or designee's office is located at 17371 Gothard Street, Huntington Beach. He may be reached by telephone at 714/536-5480. 14, Water Conservation a. Contractor shall, whenever possible, minimize the use of water during maintenance operations, Watering equipment shall be kept in good working order; water leaks shall be repaired promptly, and washing of equipment, except when necessary for the safety of and for the protection of equipment, shall be discouraged, In no case shall the Contractor use water to rinse or flush chemicals of any kind from equipment onto the work site and/or drainage or sewage systems. b. Contractor shall comply with City of Huntington Reach Storm Water and Urban Runoff Management Municipal Code Chapter 14.25 and with City of Huntington Beach Water Efficient Landscape Municipal Code Chapter 14.52 at all times. 15, Sound Control Requirements a. Contractor shall comply with all County sound control and noise level rules, regulations and ordinances and with City of Huntington Beach Noise Control Municipal Code Chapter 8.40, which apply to any work performed pursuant to the 6 PARK MAINTENANCE 12-13 MSC-492 Contract, and shall make every effort to control any undue noise resulting from the operation. b. Each internal combustion engine used for any purpose on the project or related to the project shall be equipped with a muffler or a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. Said noise level requirement shall apply to all equipment on the project or related to the project including but not limited to trucks, transit mixers, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel. 16. Inclement Weather a. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather. b. The Contractor shall re -stake and re -tie trees or other such activities as required as a result of inclement weather. The Contractor will stay available to assist in any storm related damage repair to sites in this contract. c. Contractor shall not work or perform any operations during inclement weather that may destroy or damage ground cover or turf areas. The Contractor shall contact the Maintenance Operations Manager or designee for the determination of non -operation conditions. d. The Contractor shall immediately notify the Maintenance Operations Manager or designee when the work force has been removed from the job site due to inclement weather or other reasons. 17, Contract Documents Contract documents shall consist of the specifications and exhibits, plans, insurance certificates, the contract and all submittals required. 18, Underground Excavations Contractor shall be responsible for locating all underground utility lines to insure the safety of his/her work crew and to protect in place existing utility equipment before commencing any excavation. Contractor shall contact the Maintenance Operations Manager or designate and Underground Service Alert (1/800-422-4133) 48 hours before commending any excavation, to locate underground service lines. 19. Plans a. One set of reduced planting and irrigation plans for each park are provided as part of the contract documents for the Contractor's general reference. The Contractor shall be responsible for verifying in the field, areas, quantities and facilities for accuracy. 7 PARK MAINTENANCE 12-13 MSC-492 MSC-492 Park Maintenance Services 12-13 Exhibit A b. Full scale blue line prints of the irrigation and planting plans will be made available to the Contractor upon request, for a fee of $10.00 per set per park (prices subject to change). 20, Exhibits Exhibits consist of Exhibit A through G. 21. Air Pollution a. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract and shall not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. b. Material to be disposed of shall not be burned. 22, Inspection of Work and Deficiency Notice a. The City and Contractor's representative shall make weekly inspections of all areas included in the contract. The results of each inspection shall be recorded and retained for reference using a Weekly Inspection Sheet (Exhibit A). Thirty-two (32) hours shall be allotted monthly for inspection and contract supervision. The Contractor shall compensate the City for all time required for inspection and supervision in excess of the above specified time, providing that: The excess time is, in the opinion of the City, required due to an inadequate level of maintenance; The Contractor has been informed of the deficiencies upon completion of weekly inspection; iii. The Contractor has failed to correct said deficiencies within seventy-two (72) hours after notifications period. Compensation shall be charged at a rate including actual time, mileage and fringe benefit costs incurred by the City. iv. If specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold payment from the Contractor in an amount specified in the Agreement until services are rendered in accordance with specifications set forth within this document and provided no other arrangements have been made between the Contractor and the City. b, Notices and penalties for non-performance, are set forth as follows: Deficiency Notice (Exhibit C): The Contractor is required to correct deficiencies within the time specified by the City of Huntington Beach. If the deficiency is not corrected within the time specified by the City, City forces will be called out to complete the work. Such work shall be done on a force account basis with an additional call out charge of $75,00 per hour for each call -out- Call -out of City forces during off -hours, resulting from improper programming of sprinkler controllers, will be charged to the Contractor at time PARR MAINTENANCE 12-13 MSC-492 and a half. It also should be noted thatthere is a minimum two-hour charge for labor on any cal! -out. ii. Withholding of Payment: Provided work under the Deficiency Notice has not been completed; payment for subject deficiency shall be withheld until deficiency is corrected, without right to retroactive payments. iii. The Contractor's representative shall contact the City on a regular basis for notification of special maintenance item(s) requiring correction. iv. The Contractor shall provide a Crewleader and maintenance crew at park and landscape sites weekly during normal working hours as determined by the City. SPECIAL PROVISIONS TRAFFIC AND DETOURS Protection and Restoration of Existing Improvements a. The Contractor shall relocate, repair, replace or re-establish all existing improvements within the project limits which are not designated for removal (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements and structures) which are damaged or removed as a result of his operations. b. Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. c. Relocations, repairs, replacements or re -establishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. d. All cost to the Contractor for protecting, removing, restoring, repairing, replacing, or re-establishing existing improvements shall be included in the bid in other items of work unless otherwise specified. 2. Public Conveniences and Safety (Traffic and Access) a. All traffic control shall be in accordance with the latest editions of the following documentation: Caltrans Manual on Uniform Traffic Control Devices (MUTCD); Sign Specifications, Standard Plans, Standard Specifications; American Public Works Association Southern California Chapter — Work Area Traffic Control Handbook. b. The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the work area. He shall also post proper signs to notify the public regarding detours and conditions of the roadway. 9 PARK MAINTENANCE 12-13 MSC-492 MSC-492 Park Maintenance Services 12-13 Exhibit A The Contractor shall provide to the Maintenance Operations Manager or designee a telephone number at which the Contractor's representatives can be reached, at any hour, should an emergency occur requiring replacement or relocation of the required traffic control devices. d. Prior to the start of any construction, the Contractor shall inform the AGENCY's Police and Fire departments of the project location, approximate start date, completion date, and the name and telephone number of Contractor representatives who may be contacted at any hour in the event of an emergency. I. PONCE DEPARTMENT: Watch Commander @ 714/960-8809 li. FIRE DEPARTMENT: Battalion Chief/Development @ 714/536-5411 e. Information signs shall be required on all arterial streets one week prior to beginning of roadway construction projects. The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. g. Contractor shall require that all personnel who are working the project site wear an approved safety vest. Any worker without a vest may be ordered off the job until such apparel is acquired, Questions as to approved vests shall be directed to the Maintenance Operations Manager or designee. h. Prior to the beginning of work, the Contractor shall execute the construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the work involved with a minimum of inconvenience to the motoring public, Removing the existing striping shall delineate any relocation of travel lanes longer than three calendar days and legends by wet sandblasting and placing new striping and legends as required. Upon completion of the work and the restoration of the road surface to its final condition, the Contractor shall remove temporary striping by wet sand blasting. If the traffic cones or portable delineators are damaged, displaced or are not in an upright position, for any reason, the contractor shall immediately replace or restore to their original location, in an upright position, the cones or portable delineators. The Contractor shall furnish such fiagmen and equipment as are necessary to give adequate warning to traffic or to the public of any dangerous conditions in accordance with the current State of California Department of Transportation "Instructions to Flagmen". k. All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY Yard or disposed of as directed by the AGENCY. 3. Warning Signs 10 PARK MAINTENANCE 12-13 MSC-492 Adequate warning signs for motorists shall be placed and maintained throughout all applicable phases of the work including speed limit reduction, loose gravel, fresh oil, and open trench. Signs shall be 36" X 36" in size, shall be on site ready for placement prior to start of the applicable phase of work and shall be placed in advance on all streets approaching the work zone. 4. Street Closures, Detours, Barricades a. street closures will not be allowed except as specifically permitted by the Maintenance Operations Manager or designee. b. Construction Traffic, Control Plans shall be prepared in accordance with the AGENCY's latest Traffic Control Plan Preparation Guidelines and shall be reviewed and approved by the Engineer, The Contractor shall submit the plans to the Maintenance Operations Manager or designee for approval or correction at least 10 working days before approved plans will be required for commencing the work. C. Approval of the plans by the Maintenance Operations Manager or designee shall not relieve the Contractor from the responsibility for errors or omissions in the plans or from deviations from the Contract Documents. The Contractor shall be responsible for the correctness of the plans and for the results obtained by the use of such plans, 5. Protection of the Public a_ It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service or from the failure of partly completed work or partially completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract, b. Whenever, in the opinion of the Maintenance Operations Manager or designate, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures of property, which may be damaged by the Contractor's operations and when, in the opinion of the Maintenance Operations Manager or designate, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Maintenance Operations Manager or designate will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation, the Maintenance Operations Manager or designate may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary. 11 PARK MAINTENANCE 12-13 MSC-492 MSC-492 Park Maintenance Services 12-13 Exhibit A c. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be home by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, `if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety, 8. Hauling a. Spillage resulting from hauling operations on or across public thoroughfares shall be immediately removed at Contractor's expense. b. If the spillage is of a hazardous substance, such as petroleum products, or pesticides, Contractor is required to contact the Maintenance Operations Manager or designate immediately and also prevent the substance from running into storm drains. TURF MAINTENANCE Mowing and Edging a. Turf areas shall be mowed, edged or trimmed weekly. Turf areas consisting of cool season grasses shall be mowed before reaching four (4) inches in height and shall be mowed no lower than two (2) inches in height. Turf shall be mowed once per week or as directed by the Maintenance Operations Manager or designee. b. Turf areas consisting of warm season grasses shall be mowed with a reel mower. During dormancy seasons the warm season grasses shall be mowed as needed to keep grass at 1/2" to 3/4" in height. During the growing season the warm season grasses shall be mowed to keep the grass at 3/4" in height. The City may request the Contractor to vary mowing heights for special events and conditions as directed by the Maintenance Operations Manager or designee. C. The Contractor shall submit a mowing schedule of days and times for each designated park and landscape site. The Contractor shall maintain the schedule as closely as possible unless a change is authorized or directed by the Maintenance Operations Manager or designee. d. Turf clippings and debris shall be lifted the same day of each mowing, trimming or edging operation and shall be removed from each park and landscape site. e. Turf shall be trimmed to the edge of sidewalks, curbs, mow -strips, retaining walls, posts, valve boxes, controllers, light standards and any paved surface. Turf shall be kept trimmed or sprayed with a contact herbicide for a sufficient distance from sprinkler heads to ensure proper sprinkler coverage and for a distance of eighteen (18) inches from all tree trunks. Contractor small exercise care not to spray tree trunks with any chemicals or injure the tree trunk with any chemicals or injure the tree trunks with mechanical equipment. 2. Watering 12 PARK MAINTENANCE 12-13 MSC-492. An automatic irrigation system is provided for the Contractor's use to maintain optimum soil moisture content to ensure healthy, vigorous growth but shall not be intended as the only means of irrigation. Should there be an interruption of electrical power or malfunctioning of the controller or control valves for more than two (2) consecutive days, the Contractor shall be required to water by other means if necessary to prevent deterioration of the areas involved. The contractor shall be responsible for providing control and monitoring irrigation operations to provide sufficient water for optimum growth with a minimum of water run-off. Unnecessary flooding or excessive watering shall be corrected as quickly as possible. 3. Fertilization a. Prior to fertilizer applications, notification shall be made as required in Part 11, Section 23, of these specifications. A city representative shall verify the fertilizer quantity at the park site at the time of each application_ Empty bags may be required for verification of quantities. b. All turf grasses shall be fertilized as follows: All turf shall receive three (3) pounds per 1,000 square feet of Calcium Nitrate per application March and late October. In May, July and September all turf shall receive one (1) pounds of complete fertilizer 16-6-8 per 1,000 square feet per application. Application subject to change per Maintenance Operations Manager or designee recommendation. C. The fertilizer applications shall be applied immediately after the aerification operation. This is subject to change per Maintenance Operations Manager or designee recommendation 4. Insect, Disease and Pest Control Contractor shall provide complete insect, disease and pest control as necessary or as directed by the Maintenance Operations Manager or designee. Contractor shall obtain the Maintenance Operations Manager or designee approval forty-eight (48) hours prior to the use of any chemical, mechanical or any other mechanical or any other method control, 5. Weed Control All vegetation shall be sprayed and removed for a distance of eighteen (18) inches from tree trunks to form tree wells. Any additional weed control in turf areas shall be as needed or as directed by the Maintenance Operations Manager or designee. Weed control required and approved within turf areas by the Maintenance Operations Manager or designee is considered as part of contract. 6. Soil Aerification Turf aerification shall be accomplished just prior to each fertilizer application. The entire turf area shall be aerated with a self-propelled machine that removed cores of soil 3/4" in diameter by four (4) to six (6) inches long, spaced on more than six (6) inches before aerofying. Aerification shall be done immediately after thatch removal operation in early 13 PARK MAINTENANCE 12-13 MSC492 MSC-492 Park Maintenance Services 12-13 Exhibit A May. This is subject to change per Maintenance Operations Manager or designee recommendation. 7, Thatch Removal Thatch shall be removed with a vertical mower, or approved equal, once a year in early October from all turf areas as directed by the Maintenance Operations Manager or designee. Care shall be taken to avoid unnecessary or excessive injury to the turf grass stand. Sweep or rake the dislodged thatch from the turf areas and remove from each park and landscape site. After the thatch is removed, turf shall be aerofied, fertilized and watered. 8. Insect, Disease and Pest Control Contractor shall provide complete insect, disease and pest control as necessary or as directed by the Maintenance Operations Manager or designee. Contractor shall obtain the Maintenance Operations Manager or designee approval forty-eight (48) hours prior to the use of any chemical, mechanical or any other mechanical or any other method control. 9. Weed Control All vegetation shall be sprayed and removed for a distance of eighteen (18) inches from tree trunks to form tree wells. Any additional weed control in turf areas shall be as needed or as directed by the Maintenance Operations Manager or designate. 10. Re -Planting The contractor shall re -sod all turf lost due to Contractor's incorrect maintenance or negligence, as determined by the Maintenance Operations Manager or designee. V. SHRUS AND GROUND COVER MAINTENANCE Pruning and Trimming a. Ground cover shall be kept trimmed to the edge of sidewalks, light fixtures, driveways, mow -strips, retaining walls and buildings. Ground cover shall be kept one (1) foot from fences, property lines, trees and shrubs. In no case shall ground cover be allowed to climb walls, fences, light fixtures, buildings, shrubs and trees. b. Shrubs shall be selectively pruned to a distance of (1) foot from fences, buildings, driveways, sidewalks, trees, retaining walls and sprinkler heads. In no case shall hedging or shearing be allowed prior to approval of the Maintenance Operations Manager or designate. The Contractor shall prune where necessary to maintain safe vehicular and pedestrian visibility as directed by the Maintenance Operations Manager or designee. 2. Watering See Part IV, Section 2.. 14 PARK MAINTENANCE 12-18 MSC-492 3. Fertilizing Ground cover and shrub areas shall be fed between March and May with a complete fertilizer, 16-6-8 plus trace elements at the rate of 275 pounds per acre or approximately six (6) pounds per 1,000 square feet. Water thoroughly the day before fertilizing and thoroughly again immediately after the application of the fertilizer. Wash all plant food off foliage. 4. Insect, Disease and Pest Control See Part IV, Section 4. 5. Weed Control The Contractor shall maintain a pre -emergence and post -emergence program for the entire duration of the contract. Ground cover and shrub areas shall be weeded before any weeds reach four (4) inches in height, Pre -emergent herbicide shall be applied in early March and again in early September according to the manufacturer's recommendation each year in all ground cover areas. Post -emergent herbicide shall be applied as needed; as directed and the type approved by the Maintenance Operations Manager or designee depending upon the type of ground cover involved_ Serious pest weeds, such as Bermuda grass and Bindweed shall be spot treated with a portable sprayer or wick wand as needed with an effective herbicide and applied per manufacturer's recommendations. Water shall not be applied to treated areas for forty- eight (48) hours after each application. Sprayed weeds shall be left in place for a minimum of seven (7) days. If kill is not complete, a second application shall be applied as above. After a complete kill, all dead weeds shall be removed from the park site. Nutsedge shall be treated a minimum of once per month until complete control is achieved as specified above and as directed by the Maintenance Operations Manager or designee. V1. TREE MAINTENANCE Pruning and Trimming The Maintenance Operations Manager or designee shall be notified prior to any trimming. All trees of twenty-five feet (25') height or less shall be shaped, trimmed and pruned, to the highest arboricultural standards, as supervised by Contractor's certified Arborist. Trees shall be thinned out, headed -back and shaped a minimum of once a year. Any dead or damaged branches shall be removed back to a lateral branch. No stubs will be permitted. The Contractor shall restrict growth through pruning to maintain safe road visibility, vehicle and pedestrian clearances, equipment accessibility and to prevent or eliminate hazardous situations. All palms are to be trimmed as often as necessary to remove dead fronds and or fruit. 2. Watering See Part IV, Section 2, of these specifications_ 3. Fertilizing 15 PARK MAINTENANCE 12-13 MSC-492 MSC-492 Park Maintenance Services 12-13 Exhibit A Trees shall be fed in early March with a complete balanced fertilizer 16-6-8 plus trace elements at the rate of six (6) pounds per one (1) inch of trunk diameter measured one (1) foot above ground. Fertilizer shall be broadcast round the drip line of the trees and watered thoroughly. 4. Ground Water Pumping Trees provided with PVC vents shall be pumped with a portable pumping device to prevent standing water at lower root zone as needed, Weekly inspection of these vents shall be made by the Contractor and If -necessary, corrective action taken immediately. 5. Tree Staking and Tying Trees shall be staked in accordance with Standard 703 revision of the City's Standard Plans, dated July 17, 1981. Stakes and ties shall be placed in such a manner that no trunk chafing occurs. Stakes and ties shall be checked periodically to prevent girdling and/or restriction of growth. A1. WOOD CHIP MULCH AREA MAINTENANCE Wood chip areas shall be kept evenly spread at a uniform four (4) to six (6) inch depth. Contractor shall remove weeds and debris as required herein. a. Replenishment Once per year the contractor will furnish wood chips to the work sites for replenishment. The Contractor shall spread the wood chips evenly over the entire wood chip mulch areas to a uniform depth. The contractor shall remove vegetation, branches, logs, paper and other debris from the wood chips and dispose of any objectionable material off the work site. No ash, palm, or pepper wood chips are to be used on city sites. b. Weed Control I. Weeds shall be either pulled or sprayed and removed from non -vegetative areas before reaching four (4) inches in height. ii. Serious pest weeds shall be treated as specified in Part V, Section 5, of these specifications. No sterilants of any kind are to be used in these areas. IX. SAND AND PLAY AREA MAINTENANCE Sand play areas shall be kept free of weeds, litter and debris. Sand shall be kept in a reasonably leveled condition, as directed by the Maintenance Operations Manager or designee; rototilled six (6) times per year, to a depth of 12 inches. Dates to be agreed upon by Contractor and City Maintenance Operations Manager or designee. Contractor shall provide additional sand when required. The City's Maintenance Operations Manager or designee will determine the screen size/type and quantities. New sand shall 16 PARK MAINTENANCE 12-13 MSC-492 be placed and graded in a uniform manner, at a consistent level. All sand play areas shall maintain a sand depth of 18 inches or more. Weeds shall be removed by physical means as needed except serious pest weeds shall be treated as specified in Part V, Section 5, of these specifications. No herbicide use permitted. X. PLAY EQUIPMENT, PARK FURNITURE, ACCESSORIES AND FACILITIES MAINTENANCE Contractor shall report any major deficiency or the need of replacement of play equipment, park furniture and accessories and facilities included but not limited to walks, play courts, benches, restrooms, picnic tables, fountains, play apparatus and trash receptacles to the Maintenance Operations Manager or designee. The Maintenance Operations Manager or designee will then determine the extent of the removal or replacement, if any. Where public safety is affected, the Contractor shall report to the Maintenance Operations Manager or designee immediately by phone at 714/536-5480 or reporting to Park, Tree and Landscape Maintenance Facility at 17581 Gothard Street, Huntington Beach, CA. 92647. X1. IRRIGATION SYSTEMS MAINTENANCE The controlling factor in the performance of water management within the City landscape maintenance areas is the application of water to landscape plants at a rate which closely matches the actual demands of plant material and little or no runoff. Roadway safety and maintenance is the first and foremost reason why water must be strictly controlled with the City. Other important water management considerations include safe and dry right-of-ways for community use, water costs, plant health and compliance with applicable City water -usage ordinances. Watering a. Where an automatic or manual irrigation system is provided for the contractor's use to maintain optimum soil moisture content to ensure healthy vigorous growth but shall not be intended as the only means of irrigation. Should there be an interruption of electrical power or malfunctioning of the controller or control valves for more than two (2) consecutive days, the Contractor shall be required to water by other means if necessary to prevent deterioration of the areas involved. The Contractor shall be responsible for providing control and monitoring irrigation operations to provide sufficient water for optimum growth with a minimum of water run-off. Unnecessary flooding of excessive watering shall be corrected as quickly as possible. b. Manual irrigation by means of water truck shall be provided at all locations where no irrigation system exists. c. Irrigation/Operation and Maintenance 17 PARK MAINTENANCE 12-13 MSC-492 MSC-492 Park Maintenance Services 12-13 Exhibit A All landscaped areas shall be irrigated as required to maintain adequate growth and appearance. Irrigation shall be accomplished in accordance with these specifications/guidelines and the following time frames: Manual Irrigation Slopes Public Works Facilities All Work Sites 2. Operation/Repair 9:00 AM — 3:00 PM 10:00 PM -- 5:00 AM 10:00 PM — 5:00 AM 10:00 PM — 5:00 AM a. The entire irrigation system to include all components from connection at back side of water meter shall be maintained in an operational state at all times and the expense included as part of this Contract. This coverage shall include but not be limited to the fallowing: all controllers, backflows and remote control valves, gate valves and sprinkler heads etc. b. All irrigation systems shall be tested and inspected and a written report submitted to the City when requested. c. All systems shall be adjusted in order to: Provide adequate coverage of all landscape areas. ii. Prevent excessive runoff and/or erosion. iii, Prevent watering roadways, walkways or private property. iv. Match precipitation rates. v. Limit hazardous conditions. vi. Maintain optimum soil moisture content to ensure healthy vigorous growth. d. All irrigation systems shall be tested and inspected as necessary when damage is suspected or observed, or reported daily if necessary. e. Repair malfunctioning controllers, backflows, quick couplers, flaw meters, moisture sensors, manual or automatic valves and sprinkler heads within twenty- four (24) hours of receipt of verbal or written notice. Correct deficient irrigation systems and equipment as necessary following verbal notification from the Maintenance Operations Manager or designee. g. The Contractor shall turn off or adjust to low volume exercise irrigation system immediately as directed during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticultural maintenance practices. 18 PARK MAINTENANCE 12-13 MSC-492 h. Once the Maintenance Operations Manager or designee acknowledges the necessity to turn on the water once again, all controllers shall be activated within twenty-four (24) hours, Backfiow Maintenance, Testing and Certification on a Yearly Basis shall be included in the Contract Price. j. The County of Orange and the City of Huntington Beach Water Purveyors shall approve Backflow certification. k. Battery operated controllers will be kept in continuous operating condition by replacing batteries when necessary at Contractor's expense, Contractor will maintain, in continuous optimum operating condition solar powered controllers at all sites at which such units are installed. m. Contractor shall provide personnel fully trained in all phases of landscaping and irrigation systems operation, maintenance, adjustment, and repair, in all types of components to include irrigation control clocks, valves and sprinkler heads; and with all brands and models of irrigation equipment. n. Adjustment, damage and repairs shall be divided into the following categories and actions: i. All sprinkler heads shall be adjusted or replaced to maintain proper coverage, Adjustment shall include, but not be limited to, actual adjustments to heads, cleaning and flushing heads and lines, and removal of obstructions. Costs for adjustment or replacements shall be included in costs for operation and maintenance of the irrigation system. ii. All damage resulting from Contractor's operations shall be repaired or replaced prior to the end of the workday at the Contractor's expense. iii, Repairs to the irrigation system shall be completed within 24 hours after notification to the Maintenance Operations Manager or designate on major component damage such as broken irrigation lines, defective or broken valves and within 24 hours after approval by the Maintenance Operations Manager or designate on repairs to sprinkler heads and other minor items. iv. All replacements shall be in strict accordance with City of Huntington Beach equipment and installation standard plans, no substitutions will be permitted. v. Turf, shrubs, trees and ground cover shall be regularly mechanically trimmed around sprinkler heads to insure proper operations and coverage of the system. 3. Personnel a. The Contractor shall provide personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustments, and repair, in all types of 19 PARK MAINTENANCE 12-13 MSC-492 MSC-492 Park Maintenance Services 12-13 Exhibit A components to include irrigation controllers, valves, sprinkler heads, and with all brands and models of irrigation equipment used within the city. 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 the English language. 4. Materials a. All replacement materials are to be with original types and model materials, unless the Maintenance Operations Manager or designee approves a substitute. b. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems. C. Contractor shall implement repairs in accordance with all effective warranties 5. Water Management a. Contractor will keep system operating at manufacturer's recommended operating pressure. The valves should be throttled so as to prevent sprinkler heads from fogging, allowing droplets for effective watering. The Maintenance Operations Manager or designate may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. b. The contractor will be responsible for setting and monitoring the irrigation controllers and will not manually activate automatic valves unless associated with system repairs. C. All systems shall be programmed weekly and/or as needed to maintain healthy plant materials and landscape. i, All program changes shall be recorded on the Irrigation Program Log. ii. Controller program is to be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with irrigation schedules provided by the City in Section Vil I. XII. CLEAN! UP After Contractor has completed all operations as specified in these specifications, he shall remove and dispose of all clippings, cuttings, trimmings, weeds, leaves, paper, trash and other debris existing or due to this operations from the park and landscape sites, at the end of each day's work. Trash receptacles shall be emptied twice per weep, or as agreed upon by the Maintenance Operations Manager or designate. Trash removal and disposal shall be included in the contract price. Contractor shall vacuum clean all walks, driveways, court game pavement areas, gutters, parking lots and other areas adjacent to work locations, per work schedule. 20 PARK MAINTENANCE 12-13 MSC-492 2. The use of water is prohibited for cleaning purposes unless no other means of effective cleaning or unless otherwise specified. Contractor shall be responsible for the periodic inspection and cleaning of all catch basins, drain lines and curb drains within a park site, Any damages resulting from the Contractor's negligence of these inspections and/or lack of corrective measures shall be the Contractor's sole responsibility. Expansion joints or cracks in pavement areas shall be spot treated with a combination of non -selective contact herbicide as needed for weed control. 3. Fountains The following treatments shall be included. Treatment of water with algaecides, filter cleaning, pool ,sweeping, water line scrubbing, debris removal, light bulb replacement as needed. Pump or pool repairs when needed along with pool repainting. Since the water fountains run continuously it is imperative that Contractor monitor the algaecide tablets at all times. If soap is deposited in fountains, Contractor shall drain and clean it or add a state -approved defoamer. 4. Performance Requirements for Hardscapes During each site visit concrete and asphalt areas, including driveways, parking areas, sidewalks, curb and gutters, expansion joints and walls adjacent to city landscape shall be kept clear of dirt, mud, trash, weeds and any other substances which are either unsightly or unsafe. XIIL EXHIBITS A, Weekly Inspection Sheet B. Deficiency Notice C. Maps D. Pump Sites E. Staff Requirements F. ,Sample Contract & Insurance Requirements 21 PARK MAINTENANCE 12-13 MSC-492 MSC-492 Park Maintenance Services 12-13 EXHIBIT A Exhibit A Weekly Inspection Sheet Location-. Date: Hazardous Condition Present: Overall Condition Turf Mowing Edging Weeds Litter Removal Clipping Removal Aerate & Fertilize, Walkways Play Equipment Playground Sand Pits Chemical Edging Rodent Control Trees Trimming Staking Wood Chippinp Planters Trimming Weeding Wood Chipping Irrigation Controller Adjustments Parts Replacements Picnic Shelters Restrooms Facilities Vertical Mowing Corrections and/or Comments Needed (if any): Inspected By:— n Yes ❑ No Good Fair Needs Improvement ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Cl El ❑ ❑ EXHIBIT B J, CONTRACTOR: _ LOCATION: DATE INSPECTED: INSPECTED BY: CITY OF H UNTINGTON BEACH LANDSCAPE MAINTENANCE CONTRACT DEFICIENCY NOTICE &: PUNCI-ILIST TURF: Bare Areas/ Overseed Dead / Stressed Mowing / Edging Fertilize HARDSCAPE/STRUCfU RES/WALLS: Clean Walks / Gutter Clean Drains / Vee Ditch GROUND COVER: Missing / Replant Dead / Stressed Trim Walks / Fences Trim Heads / Boxes Weeds - Grassy LIGHTING: Non -operational SHRUBS: Missing/ Replant Dead / Stressed TREES; Missing / Replant Dead / Stressed Arborguard Weeds IRRIGATION: Broken Heads Missing Heads Leaning Heads Stake Heads Box / Lid Conditions Arc Adjust Comments: Received by: Weeds - Grassy Weeds - Broadleaf Aeration / Verticutting Clippings / Debris Graffiti Removal -Hazardous Conditions Weeds - Broadleaf Fertilize Pests Rodents Clippings / Debris Broken / Damaged Fertilize Trim / Prune Fertilize Thin / Prune / Suckers Pests Clogged Nozzles Leaky Seals Valve Condition/Leak Programming Turf Overwater Turf Underwater Signature Date Print Name Erosion / Depressions Rodents Weeds Cultivation Erosion/Depressions Buffer Zone Malnt Timer Programming Pests Stakes/ Arborguard Water Fountains G.C, overwater G,C Underwater Shrubs Overwater Shrubs Underwater Trees Overwater Trees Underwater , 1`. R CERTIFICATE OF LIABILITY INSURANCE �,�-� DATE2016 /YYYY) 10/21 /2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Dealey, Renton & Associates P. O. Box 10550 Santa Ana CA 92711-0550 CONTNAME: Jose L. Gurrola PHONE 714-427-6810 FAX 714-427-6818 EMAIL .jgurrol2@insdr2.COM INSURERS AFFORDING COVERAGE NAIC # INSURERA:American Fire and Casualty Company 24066 INSURED EVOLULAND INSURER B:WeSCOInsurance Company 25011 Evolution Landscaping, Inc. dba. INSURERC:Torus National Ins Co 25496 Evolution Landscaping and Plumbing 1721 W. Santa Ana Blvd. INSURER D:C ress Insurance Company INSURER E: Santa Ana CA 92703 INSURER F : COVERAGES CERTIFICATE NUMBER: 1525970175 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE NSD WVD POLICY NUMBER MMIDD/YYYY MM DDfYYYY LIMITS B X COMMERCIALGENERAL LIABILITY Y Y WPP121673201 11/27/2015 11/27/2016 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR A �_AS TO FOR ROVED � P` By: ✓1,��� g rmIcHAEL E. GATES' f� CITY ATTORNEY ��?/plw DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER. ❑ PRO- ❑ POLICY JECT X LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - $2,000,000 $ OTHER OF HUNTINGTON BEACH A AUTOMOBILE LIABILITY Y Y BAA55968332 4/23/2016 4/23/2017 Ea accident L LI $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO AALL UTOS OWNED X SCHEDULED BODILY INJURY (Per accident) $ XUTOS HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ $ C UMBRELLA LIAB X OCCUR 731011_151ALI 11/27/2015 11/27/2016 EACH OCCURRENCE $5,000,000 X AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ S D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N OFFICER/MEMBANY ER RIPARTNERIEXEXCLUDED? ECUTIVE � "/ A Y EVWC703791 3/1/2016 3/l/2017 X PER OTH- STATUTE ER E L. EACH ACCIDENT $1,000,000 E L DISEASE - EA EMPLOYE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ***ALL OCIP/WRAP Projects are Exluded ** Re: All Operations of the Named Insured. The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insureds as respects general and auto liability for claims arising from the operations of the named insured as required per written contract or agreement. Coverage afforded the additional insured is primary and non-contributory as respects to general liability See Attached... GtKI II-IGA I it HULDtK GANGtLLA I IUN JU uays nouce/ IU uays nonpay City of Huntington Beach 2000 Main St. Huntington Beach CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:EVOLULAND LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Dealey, Renton & Associates Evolution Landscaping, Inc. dba: Evolution Landscaping and Plumbing 1721 W. Santa Ana Blvd. POLICY NUMBER Santa Ana CA 92703 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:CERTIFICATE OF LIABILITY INSURANCE coverage. Insurance coverage includes waiver of subrogation per the attached endorsement(s). SEE CANCELLATION SECTION of Certificate for 30 Day Notice of Cancellation /10 Day for Non -Payment of Premium. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER:wPP121673201 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Huntington Beach 2000 Main St. Huntington Beach CA 92648 The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:WPP121673201 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations City of Huntington Beach The City of Huntington Beach, its 2000 Main St, officers, elected or appointed Huntington Beach CA 92648 officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 Policy #BAA55968332 COMMERCIAL AUTO CA 00 01 10 13 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any Only "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private Passenger passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any "trailers" you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any "trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non -owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 12 19 Mobile Only those "autos" that are land vehicles and that would qualify under the definition Equipment of "mobile equipment" under this policy if they were not subject to a compulsory or Subject To financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto' you acquire will be a covered "auto' for that coverage only if: We already cover all "autos" that you own for that coverage or it replaces an "auto' you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Covered Autos Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment' while being carried or towed by a covered "auto'. 3. Any "auto' you do not own while used with the permission of its owner as a temporary substitute for a covered "auto' you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION II — COVERED AUTOS LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto'. We will also pay all sums an "insured' legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured' against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit' as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permission a covered "auto' you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto'. This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. Page 2 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. (5) All court costs taxed against the "insured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured". (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out-of-state Coverage Extensions While a covered "auto" is away from the state where it is licensed, we will: (1) Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no-fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the following: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b. That the "insured" would have in the absence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 3 of 12 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or (2) Performing the duties related to the conduct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment"; or b. Machinery or equipment that is on, attached to or part of a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed; (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Page 4 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto'; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) 'The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment'. Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident', the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 5 of 12 All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Medical Payments Coverage endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derailment of any conveyance transporting the covered "auto". c. Collision Coverage Caused by: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day, to a maximum of $600, for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicates that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicates that Specified Causes Of Loss Coverage is provided for any covered "auto"; or Page 6 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 (3) Collision only if the Declarations indicates that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". 5. a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for such a contest or activity. 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed - measuring equipment, such as radar or laser detectors, and any jamming apparatus intended to elude or disrupt speed -measuring equipment. c. Any electronic equipment, without regard to whether this equipment is permanently installed, that reproduces, receives or transmits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: a. Permanently installed in or upon the covered "auto"; b. Removable from a housing unit which is permanently installed in or upon the covered "auto"; c. An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or d. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 6. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limits Of Insurance 1. The most we will pay for: a. "Loss" to any one covered "auto" is the lesser of: (1) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (2) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $1,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 7 of 12 (2) Removable from a permanently installed (2) The "insured's" name and address; and housing unit as described in Paragraph (3) To the extent possible, the names and b.(1) above; or addresses of any injured persons and (3) An integral part of such equipment as witnesses. described in Paragraphs b.(1) and b.(2) b. Additionally, you and any other involved above. "insured" must: 2. An adjustment for depreciation and physical (1) Assume no obligation, make no payment condition will be made in determining actual cash or incur no expense without our consent, value in the event of a total "loss". except at the "insured's" own cost. 3. If a repair or replacement results in better than (2) Immediately send us copies of any like kind or quality, we will not pay for the amount request, demand, order, notice, of the betterment. summons or legal paper received D. Deductible concerning the claim or "suit". For each covered "auto", our obligation to pay for, (3) Cooperate with us in the investigation or repair, return or replace damaged or stolen property settlement of the claim or defense will be reduced by the applicable deductible shown against the "suit". in the Declarations. Any Comprehensive Coverage (4) Authorize us to obtain medical records or deductible shown in the Declarations does not apply other pertinent information. to "loss" caused by fire or lightning. (5) Submit to examination, at our expense, SECTION IV —BUSINESS AUTO CONDITIONS by physicians of our choice, as often as The following conditions apply in addition to the we reasonably require. Common Policy Conditions: c. If there is "loss" to a covered "auto" or its A. Loss Conditions equipment, you must also do the following: 1. Appraisal For Physical Damage Loss (1) Promptly notify the police if the covered If you and we disagree on the amount of "loss", "auto" or any of its equipment is stolen. either may demand an appraisal of the "loss". In (2) Take all reasonable steps to protect the this event, each party will select a competent covered "auto" from further damage. Also appraiser. The two appraisers will select a keep a record of your expenses for competent and impartial umpire. The appraisers consideration in the settlement of the will state separately the actual cash value and claim. amount of "loss". If they fail to agree, they will (3) Permit us to inspect the covered "auto" submit their differences to the umpire. A decision and records proving the "loss" before its agreed to by any two will be binding. Each party repair or disposition. will: (4) Agree to examinations under oath at our a. Pay its chosen appraiser; and request and give us a signed statement b. Bear the other expenses of the appraisal and of your answers. umpire equally. 3. Legal Action Against Us If we submit to an appraisal, we will still retain our No one may bring a legal action against us under right to deny the claim. this Coverage Form until: 2. Duties In The Event Of Accident, Claim, Suit a. There has been full compliance with all the Or Loss terms of this Coverage Form; and We have no duty to provide coverage under this b. Under Covered Autos Liability Coverage, we policy unless there has been full compliance with agree in writing that the "insured" has an the following duties: obligation to pay or until the amount of that a. In the event of "accident", claim, "suit" or obligation has finally been determined by "loss", you must give us or our authorized judgment after trial. No one has the right representative prompt notice of the "accident" under this policy to bring us into an action to or "loss". Include: determine the "insured's" liability. (1) How, when and where the "accident" or "loss" occurred; Page 8 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 4. Loss Payment — Physical Damage Coverages At our option, we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 12 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the coverage territory. C. The coverage territory is: (1) The United States of America; (2) The territories and possessions of the D. United States of America; (3) Puerto Rico; (4) Canada; and (5) Anywhere in the world if a covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less, provided that the "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada, or in a settlement we agree to. We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us applies to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V — DEFINITIONS A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage". B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer designed for travel on public roads; or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Page 10 of 12 O Insurance Services Office, Inc., 2011 CA 00 01 10 13 Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equipment'. Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or perceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker'. "Employee" does not include a "temporary worker'. G. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit' is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 5. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; or 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract' does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker' means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. "Leased worker' does not include a "temporary worker". J. "Loss" means direct and accidental loss or damage. K. "Mobile equipment' means any of the following types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; CA 00 01 10 13 O Insurance Services Office, Inc., 2011 Page 11 of 12 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers; 5. Vehicles not described in Paragraph 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well - servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers; or 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well - servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M. "Property damage" means damage to or loss of use of tangible property. N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "property damage"; or 2. A "covered pollution cost or expense"; to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. P. "Trailer" includes semitrailer. Page 12 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 Policy #BAA55968332 COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 o BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE - BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN ( LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 20 SECTION II - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED ° SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: a (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. C. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the sdate of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, $ e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V - DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 15. GLASS REPAIR- WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto' of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto' is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto' must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto' is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit' or 'loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 } fjr�Y'i (I,=�v Janjary2011) 3e1:7r1? trrr' of She Treasury inh;rnaf Revenue Sorvico �u s, U y sa. ct: a: L/? Request for Taxpayer Give Form to the Identification plumber and Certification requester, Do not send to the IRS. Name (as shi,vr!t on your incx n±e tax return) Riisiness name./disregarded ent,ty name, If different fr abrav E.v I U -h U n .. � ��� rl` 1 _ .._ Check, appropriatF, box for federal tax classification (required): ! J lnd.v+dual/sole proprEetor L ] C%Corporation [tiS' Corporation ❑ PartnershipEl Trust estate I CJ bruited liatx1;:ty company. Enter the tax classifcatior, (C..G corporation. S=S corporation, P-partnership) ► -- El c7the.. (s =p Enstruct;onsi ► Address (number, sti pet, and apt. or suite no.) state, and ZIP code Bonin An or CA q1 03 Requester's narr-e ano Exempt payee List acco,int nuinoWs,s, here (option) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the; name given on the "Name' fine ; Social security number � to avoid backup witf)hoiding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3, For other(!���� cntlties, it is your employer identification number (EIN). If you do not have a number, see How to get a L__ L 77N on page 3. Note. If the account is in more than one name, see the chart on page A for guidelines on whose Employer idonti'tcation number tluirrber to entor. j a a Certification _ ---- _.............. ..... ..... ..__ -.. Under penalties of perjury, I certify that: 1, The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below.). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than " i rest and dividends, you are not required to sign the certification, but you must provide your correct TIN, See the instructions on page d. Sign 1 signaturQ of Here I U.S.person► pate►(% General Instructions Soc:tion references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is"required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct ITN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you'are giving is correct (or you are waiting for a nurnber to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. if applicable, you are also certifying that as a U.S- person, your allocable snare of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a (partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore; if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. t -20 i t ) CITY OF HUNTINGTON BEACH Rider to Emergency Requisition w Emergency Purchase Justification DATE: 10/25/2016 DEPARTMENT: Public Works REQUESTED BY: Denny Bacon/Maintenance Operations Manager ITEM: Facilities Landscape Contract. SOURCE: THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE: ❑ There is great public calamity. ❑ There is immediate need to prepare for national or local defense. ® There is a breakdown in machinery or an essential service, which requires an immediate procurement in order to safeguard the public health, safety, or welfare. ❑ An essential, departmental operation affecting the public health, safety or welfare would be greatly hampered if the prescribed procurement procedure would cause an undue delay in the procurement of the needed services. ❑ Other EXPLANATION OF ITEM(S) CHECKED: On Oct.3,2016 SpectrumCare Landscape informed City that they have closed Business as of this day. AUTHORIZATION Date !o-, /t- Date Date Slobojan, Jim From: DeLaTorre, David Sent: Thursday, October 27, 2016 1:08 PM To: Slobojan, Jim Cc: Bacon, Denny Subject: FW: Spectrum Care Hi Jim, Here is the email you requested. Thank you -----Original Message ----- From: John Hall [mailto:jhall a,spect-tumcarelandscape.com] Sent: Wednesday, October 05, 2016 4:59 PM To: DeLaTorre, David Subject: Spectrum Care Hi David, As of October 4, 2016, Spectrum Care Landscape has officially ceased operations. We are deeply sorry for any inconvenience this has caused. It's been our pleasure to serve the city for so many years and wish the you well. Sincerely, John Hall Spectrumcare