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Home My WebLink AboutMidori Gardens, Inc. - 2010-10-26MAINTENANCE SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Midori Gardens, Inc. FOR LANDSCAPE MAINTENANCE AT VARIOUS LOCATIONS WITHIN THE CITY THIS AGREEMENT is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and, . Midori Gardens Inc. a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for services, hereinafter referred to as "PROJECT," generally described as landscape maintenance for various parks and other locations within the City of Huntington Beach and more specifically described in the General Requirements and Specifications Park and Landscape Maintenance; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. ACCEPTANCE OF CONDITIONS OF WORK, SCOPE OF SERVICES; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that I 10-2648153644 CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. The Scope of Services which CONTRACTOR agrees to perform is set forth in the contract documents attached hereto as Exhibit "A". "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bond covering the work herein agreed upon; C. Bid documents including Request for Proposal and/or the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, the plans and specifications; D. Any insurance that may be required. If extra work not previously included in the Scope of Work should be required by CITY, CONTRACTOR may perform such extra work at CITY's request on a time and material basis. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 2. CONTRACTOR'S OBLIGATIONS• ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services, applicable permits, and facilities necessary to complete the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all 2 I0-2649/53644 other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. 3. COMPENSATION CITY agrees to pay, and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Six Hundred Ten Thousand Dollars (S 610,000.00 ) to be paid as provided in this Agreement. 4. PAYMENT CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit A. The payments specified in Exhibit A shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement unless CITY approves additional compensation for additional services. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit A, or, if no manner be specified in Exhibit A, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 5. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within twenty (20) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion, excluding delays provided for in this Agreement. 3 10-2648/53644 b. TERM OF AGREEMENT The term of this Agreement shall be (1) one year , unless CITY exercises its option to renew as set forth herein. Unless prohibited by statute or ordinance, in its discretion CITY may renew this Agreement for an additional (3) three years upon its expiration. The terms and conditions of the renewed agreement will remain the same as this original Agreement unless both parties agree in writing to an amendment. CONTRACTOR will be bound by the renewed agreement should CITY exercise its option to renew. Should the CITY exercise its option to renew this Agreement, then CITY shall give notice of intent to renew to CONTRACTOR not less than thirty (30) days before the expiration of this Agreement in the manner provided in Paragraph 25 herein. If negotiations are still in progress at the end of any one year term previously agreed upon, the CITY and the CONTRACTOR shall continue performance as required herein on a month - to -month basis until either a new agreement is entered into or the CITY terminates the relationship in accordance with the provisions contained in the above paragraph. During such period of month - to -month operation while negotiations are in progress, the CONTRACTOR shall be obligated to continue performance for at least thirty (30) days after written notice to the CITY of its decision to terminate the relationship and the CITY shall be obligated to give consideration to the CONTRACTOR for such additional performance at the usual rate of payment as provided herein. 7. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 8. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an 4 I0-2648/53644 assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to ternunate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 9 and any damages shall be assessed as set forth in Section 9. 9. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 %2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 10. REMEDY ON BREACH In the event that CONTRACTOR shall breach, or fail to execute in good faith, any of the terms or conditions of this Agreement, and should CONTRACTOR fail to cure such breach or failure within ten (10) calendar days after CITY gives written notice thereof, the CITY may 5 10-2648/53644 terminate this Agreement and complete the work to be accomplished hereunder for the account and at the expense of CONTRACTOR. CONTRACTOR shall be liable for any excess cost to CITY over the original contract price. In the event CITY completes the work, or causes the work to be completed, no sum shall be paid to CONTRACTOR until the work is complete. All costs of completion shall be deducted before any payment to CONTRACTOR is made. If the unexpended portion of the contract price is less than CITY's cost to complete, CONTRACTOR shall pay CITY a sum equal to said difference on demand. The remedies contained in this section are cumulative and are in addition to all other rights of CITY pursuant to this Agreement and at law or in equity. 11. CHANGES CONTRACTOR shall adhere strictly to the Scope of Services set forth in Exhibit A unless a change therefrom is authorized in writing by the Public Works Department (the Department). CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the Department may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the Department, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the Department. CITY reserves the right to make such increases or decreases in the quantity of any item of work to be performed or furnished under this Agreement; and in the event that any such increase or decrease in the quantity of work to be performed or furnished is so ordered, the amount to be paid CONTRACTOR under this Agreement shall be correspondingly increased or decreased, as the case may be, in proportion to the increased or decreased quantities of work. 12. DIFFERING SITE CONDITIONS A. Notice: The CONTRACTOR shall promptly, and before any conditions are disturbed, notify the Department in writing of- 6 10-2648/53644 (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The Department shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; B. Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. SAFETY PRACTICES CONTRACTOR shall comply fully with all laws, orders, citations, rules, regulations, standards and statutes, with respect to occupational health and safety, the handling and storage of hazardous materials, accident prevention, safety equipment and construction practices. CONTRACTOR shall conduct inspections to determine that safe working conditions and equipment exist and accepts sole responsibility for providing a safe place to work for its employees and for employees of its subcontractors and suppliers of material and equipment, if any, for adequacy of and required use of all safety equipment and for full compliance with the aforesaid laws, orders, citations, rules, regulations, standards and statutes. 14. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or 7 10-2648/53644 structural facilities maintained. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective work. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair, replacement or rework at CONTRACTOR's risk and expense. 15. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 16. INDEMNIFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be reimbursed for all costs 8 10-2648153644 and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 17. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 18. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including 9 10-2648/53644 products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOWs insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. 19. CERTIFICATES OF INSURANCE,• ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the 10 10-2648/53644 original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOWs insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 20. NON -ASSIGNABILITY CONTRACTOR shall not assign the agreement or any interest therein or any portion thereof without prior written approval from the Director of Community Services. The CITY's approval may be conditioned on the proposed assignee or subcontractor agreeing to revisions to the agreement to reflect market conditions of CITY requirements that are then current or other such conditions that the CITY may deem appropriate. Also, no assignee or subcontractor will be approved who is not at least comparable to the original contractor in financial or professional competence to perform the duties. 21. BUSINESS LICENSE CONTRACTOR will be required to obtain a business license from CITY. 22. NONDISCRIMINATION CONTRACTOR shall not discriminate in any manner against any person by reason of race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition, marital status or gender. CONTRACTOR shall comply with the CITY adopted program for equal employment opportunities. 23. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any " 11 10-2648/53644 financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 24. NOTICES All notices required or permitted hereunder shall be in writing and delivered in person or by registered or certified mail to the following authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. FOR CITY Maintenance Operations Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 FOR CONTRACTOR AI Gamatero, Controller Midori Gardens, Inc. 3231 S. Main Street Santa Ana, CA. 92707 25. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the Department its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 26. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 12 10-2648/53644 27. BOND CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish a bond approved by the City Attorney in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 13 10-2648/53644 32. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on CONTRACTOR Midori Gardens, Inc. print name ITS: (circle one) ChairrnardSEDvice President AND By. ,jef .� — print name ITS: (circle one) Secrets Chief Financial Officer/Asst. Secretary - Treasurer REVIEWS AN APPROVED: i dministrator 14 10-2648/53644 4rC - 26, 2010 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Director of Pub i Works REVIEWED AND APPROV D: Director of Finance (HaMC §3.02.050(b)) APPROVED AS TO FORM: ✓ice I ��2� I Zo /D City Attorney { ja t� Landscape Maintenance at Various Locations: Exhibit A City of Huntington Beacf'.: Landscape Maintenance Services Of Parks, Medians, Roadside & Public Facilities within the city Bid No. 10-0927 Submitted by Midori Gardens 3231 S. Main Street Santa Ana, CA 92707 Ph. (714) 751-8792 Fax (714) 751-4167 Contact Person Nelson k. Goodness Contracts Administrative Ph. (714) 751-8792 Fax (714) 751-4167 Did Due Date September 27, 2010 At 4:00 PM Landscape Maintenance at Various Locations: Exhibit A Ago& 3,3a Ca. 9$707 714-751-87 2 As a company, Midori Gardens has over thirty years landscape maintenance experience along with a commitment to provide excellent service for our clients. This commitment extends to the delivery of on -time service, adhering to our quoted prices, and ensuring quality control. At Midori Gardens we have a fast track, proactive system of dealing with our clients concerns. We take pride in our ability not only to maintain but improve the quality of landscape services that we provide. Midori Gardens utilizes cutting edge technology for our water management program. Our supervisors and irrigation specialists are highly trained and capable of taking care of any situation that might arise. In addition, our Horticulturist and supervisors attend all seminars possible to keep up-to-date on the latest irrigation technology and various landscape -related information. Before we begin a job a work plan is set up mapping out all work to be done and when it will be performed. At Midori Gardens we maintain that schedule and commit ourselves to on -time performance. Our response time to service requests is one of the best in our industry. We invite you to contact any of our references and hear for yourself the quality of our work performance. We have designed custom software that tracks all customer requests and work orders by date received and date resolved In conclusion, Midori Gardens is commit-ted to the principles of total quality service. We are dedicated to the high quality, timely performance of our tasks. Midori Gardens takes a proactive position when it comes to client concerns. 10 Landscape Maintenance at Various Locations: Exhibit A 1 ( Surf �itt7 PURCHASING DEPARTMENT CITY OF HUNTINGTON BEACH 2000 MAIN STREET HB, HUNTINGTON BEACH, CA 92648-2702 Enter the following: Name of Company & Address 0 ijolTsc 10-0927 Quotation Number Show this number on outside of your envelope. Date: September 10, 2010 Bids will be received until 4:00pm September 27, 2010 at the office of the Purchasing Division Lower Level City Hall Marilyn Goldstein mailto:mgoldstein[a?surfcity-hb.org The City of Huntington Beach is requesting bids for Landscape Maintenance Services of parks, medians, roadside and public facilities within the city. Per attached General specifications, Exhibits, Sample Contract & Maps There will be a mandatory jobwalk on Wednesday September 15, 2010 9:00am sharp. Meet at the Civic Center, 2000 Main Street, Huntington Beach CA 92648, at top of stairs on East side of 5 story Civic Center Building. Please allow minimum of 2 hours. Final day to accept questions will be Monday September 20, 2010, Answers to the questions will be posted on the website by September 22, 2010 Submission of Responses: Each submittal shall be in a sealed package marked" BID#10-0927 MSC473 . Bids must be submitted not later than 4:00pm to: Buyer: Marilyn Goldstein City of Huntington Beach/Purchasing Division 2000 Main St PO Box 190 Huntington Beach CA 92648 €e,. ;t;•-_�?^s' i:., r.....,. T1t:f.,. .�i"ti �. gt „'.. .,.. ... ;`.e "i,t" ^f; ^E� !�'ii:'• .,!.. ax "i ,lit, 't :t"!.i< tiffsiCf Delivery to be made on or before: or days from receipt of order. All quotations must be signed / / Signature Al Gamstero Print Name Title Controller Date 09/27/2010 Phone Number (714) 751-8792 THIS IS NOT AN ORDER Total SalesTax Total Terms % days Email: midoriscape@sbaglobal.net A-3 Landscape Maintenance at Various Locations: Exhibit A BID PROPOSAL FROM: Nod Gardens Name of Firm To the Honorable Mayor and City Council, City of Huntington Beach, California: Regarding Landscape Maintenance Contract . In compliance with the request for proposals for City Landscape Maintenance Contract, MSC 473, 1 hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned will not subcontract any work accomplished by this contract. For the furnishing of all labor, materials and equipment, and/or all incidental work necessary to provide full and complete maintenance in strict conformity with the plans, specifications and special provisions provided herein and on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the unit prices indicated on the Bid Proposal Forms; `..:: '/lpproxirnateitJ,siiitPrice em. :.::. :..{temJLacat�on>f�Eame-:='...:;> ::`::.: Sr a ;:-':.:::."<',.:,' .eracre Total Priceer'Motifh $247.39 $ 742.17 1 AREVALOS PARK 3 acres BEACHFRONT (Pier South to $253.30 $ 506.61 2 Beach Blvd) 2 acres $252.88 $7,586.27 3 BLUFF TOP 9th North to Sea oint 30 acres $254.06 $ 635.52 4 BURKE PARK 2.5 acres $251.89 $ 504.99 5 BUSHARD PARK 2 acres $253.78 $ 508.30 6 CIRCLE VIEW PARK 2 acres $254.25 $ 762.74 7 CLEGG -- STACY PARK 3 acres 27 AA Landscape Maintenance at Various Locations: Exhibit A l " - mate:' •rt: i"C1 icn.Name::, ....::;.'_-:::::y ::RFC....::•:'..; . ;:: Sloe:: , - !': °:.': erase Taiai=Price' er Mon#h_ $254.25 $ 572.06 8 COLLEGE VIEW PARK 2.25 acres $253.87 $ 635.43 9 DREW PARK 2-5 acres $250.82 $ 752.45 10 FARQUHAR PARK 3 acres $254.25 $ 508.49 11 FRANKLIN PARK 2 acres $254.25 $1,080.55 12 GIBBS BUTTERFLY PARK 4.25 acres $252.50 $2,966.83 13 GISLER PARK 11.75 acres $254.25 $ 762.74 14 GLEN VIEW PARK 3 acres $254.25 $ 762.74 15 GOLDEN VIEW PARK 3 acres $253.82 $2,793.21 16 GREER PARK 11 acres $254.25 $ 699.18 17 HAWES PARK 2.75 acres $254.25 $ 953.43 18 HOPE VIEW PARK 3.75 acres $254.25 $1,271.24 19 IRBY PARK (developed only) 5 acres $253.20 $1,140.61__ 20 LAKE PARK 4.5 acres $254.25 $ 762.74 21 LAKE VIEW PARK 3 acres $253.57 $ 708.96 22 LAMB PARK 2.8 acres $251.96 $4,535.30 23 LANGENBECK PARK 18 acres 28 A-b Landscape Maintenance at Various Locations: Exhibit A A p10 tria ; :G.n Pr Total:Price;:et'flAogh<: $254.25 $ 635.62 24 1 LARK VIEW PARK 2.5 acres $254.08 $2,921.95 25 MARINA PARK 11.5 acres $254.09 $ 762.65 26 MARINE VIEW PARK 3 acres $254-25 $ 635.62 27 MOFFETT PARK 2.5 acres $254.25 $ 762.74 28 NEWLAND PARK 3 acres $254.25 $ 508.49 29 PERRY PARK 2 acres $254.25 $ 508.49 30 PLEASANT VIEW PARK 2 acres $254.25 $ 508.49 31 ROBINWOOD PARK 2 acres $252.74 $ 632.30 32 SCHROEDER PARK 2.5 acres $253.71 $ 886.94 33 SEELY PARK 3.5 acres $254.21 $ 635.52 34 SOWERS PARK 2.5 acres $254.25 $ 635.62 35 SUN VIEW PARK 2.5 acres $254.25 $ 1,398.36 36 TERRY PARK 5.5 acres $249.68 $ 561.77 37 WARDLOW PARK 2.25 acres SUBTOTAL PARK ACRES 174.3 acres $44, 4 �u_.13 .' Approgi'afe ::�:; ;.�;::; ':' .:a': rrd"e Mein :...' ..: -. ttem7Locato n a o .rne fir: ere .. a . ..Total :Piee; '.rllottkr f►PA`] Landscape Maintenance at Various Locations: Exhibit A ............ t' _.:,., itemll.ocatro_(am�•,:.. .acre , ;Total Pr,ce-Or. r9th $229.56 $ 573.90 38 GOLDEN WEST MEDIAN 2.5 acres $254.25 $ 508.49 39 MAIN ST MEDIAN 2 acres $233.67 $ 1 16.84 40 CITY GYM & POOL 0.5 acres $229.56 $ 1,147.79 41 CIVIC CENTER 5 acres $243-96 $ 487.92 42 MAIN STREET BRANCH LIBRARY 2 acres $223.39 $ 223.39 43 NEWLAND BARN 1 acre $217.21 $ 217.21 44 PIER PLAZA Pier No. to 6`h St 1 acre $213.57 $ 1,067.30 45 SENIOR CENTER 5 acres SUBTOTAL LANDSCAPE ACRES 19 acres':..:.< • x., ,:_ ; $ 4,342.84 TOTAL APPROX. ACRES TO BE MAINTAINED 193.3 acres ^'sir .,. ��^4Y;_H✓,. :q~ $4 8 ,489.97 Each of the above listed Items to be serviced in accordance with the following schedule and with the Park and Landscape General Specifications: Irrigation Inspection Weekly Turf Maintenance Mowing One 1 time per Week Edging _ At each mowing Clipping Removal At each mowing String Trimming At each mowin Fertilize Five (5) applications per year per Specifications, Part IV Section 3. Vertical Mow One 1 time per year Aerate After each application of fertilizer Chemical Control As needed Visual inspection Every two (2) weeks 30 A-� Landscape Maintenance at Various Locations: Exhibit A Trim Monthly Fertilize Three (3) applications per year per Specifications, Part V Section 3. Chemical Control As needed Visual Inspection Every two weeks Trim As needed Palms As needed to remove dead fronds and fruit Fertilizer - Trees One (1) application per year per Specifications, Part VI Section 3 Fertilizer — Shrubs, Vines Three (3) applications per year per Specifications, Part V Section 3 Chemical Control As needed Restake/Check Each site visit every two weeks min. Visual Inspection Every two weeks Hardsca a Maintenance Each site visit Grounds Policing/Lifter Removal Each site visit Water Truck Landscape Rinsin One 1 time per month Water Truck Landscape Flooding - Non Irrigated Areas Two (2) times per month Weed Control Each site visit Wood Chipping/Top Dressing One (1) time per year 31 Landscape Maintenance at Various Locations: Exhibit A It is understood and agreed that the approximate quantities shown in the foregoing proposal are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary insurance within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned understands that the term of the agreement shall be for a period of one (I) years from the date stated in the Notice to Proceed with the option of renewal. The undersigned has examined carefully the site of the work contemplated, the route schedules and specifications and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirement of the proposal, schedules, specifications, and the contract. Accompanying this proposal is $idler's Bond NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that is shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to exeCute a contract for doing said; otherwise said surety shall be returned to the undersigned. Licensed in accordance with an act providing for the registration oCcontract License No. 308373 C-27 Business Address 3231 S. Main Street Place of Residence Santa Ana, CA 92707 Dated this 27th day of Sept. .20 10 32 Al Gomatero Controller $igiz,fture of Bidder T Landscape Maintenance at Various Locations: Exhibit A Coats Surety Insurance Services, Inc. 23461 SOUTH POINTE DRIVE SUITE 240 LAGUNA HILLS, CA 92653 (949) 457-1060 (949) 457-1070 FAX BIDDER: Midcrl Gardens, Inc. DATE OF BID OPENING: September 27, 2010 OWNER (OBLIGEE) : City of Huntington Beach TITLE OF PROJECT: Landscape Maintenance for the City of Huntington Beach Description of Project: Landscape Maintenance Services of Parks, Medians, and Roadside & Public Facilities within the city. PROJECT NO./SPECIFICATION NO.: 10-0927 l QI r ESTIMATED CONTRACT AMOUNT: $ # 6 PERCENTAGE OF BID BOND: 10% TIME FOR COMPLETION: The term agreement shall be one (1) year. The contract may be renewed by mutual agreement of both parties for three (3) additional one (1) year terms. LIQUATED DAMAGES: WARRANTY Period: OWNER'S BOND FORM YES USE SURETY FORM NO Backlog: Notes: Questions? Matt's Cell: 949-887-6783 Matt's Email: mattcoats@gmail.com Linda's Cell: 714-343-0179 A-0 ' � LIMITED POWER OF ATTORNEY or Power of Attorney*.- ST07 uvkty paper with.blad-1: '1 1. 1 lie seal of Contrac to rs� Bond ink a nd I tis ttra lice Company (I lie "Corn pa nyl). original documenf contains a wa'ic arj� with the letters `cbic" embedded in the paper ather than printed 11pon. it- Th.e a blank sp" -wer of Attorney- at the top of the document and -is ' .:tiieb6iidbearitig-t�e-tlU'mber-in icated bel6vv, and prov ided also that the bond is of the tvpe indicated below. This domiment -is Valid only if the boriicl' -Ute46 before the date indicated aboye, ZKOW ALL MEN BY THESE PASSENTS, that the Company does hereby make,: constitute and appoint the t4l:LoWi�,j:' TIMOTHY D. RAPP., M&TTHEW J.' COATS, -DOUGLkS A., WP and LINDA 14 CGATO:'its. true and lawful Attorney.(s) �-in-Fact, with full power" and authority hereby::confer#ed in its- name, place and stead, to e- cute, acknowledge anddeliver on behalf of the Compaxiy; (1) any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no . such person shalj_ba authorized to execute and deliver any bond or undertaking that.shall oblagdt.e the:Company for any portion of the penal sum thereof in 0 and provided, further, that no.Attorney-in-Fact shall excess of 0:11 have the authority to issue -a bid or proposal bond for any project where, *if a. contract is tde,4, aL�y�bond or undertaking would be requir d with penal sum in excess of.$10,00Q,000; and (2) consents, releases and other similar docu=qnts banded the Company. This `yisible when the dq6ume nt isheld4o4he �glit. This docttmentis*va'Jid solely in connection with the execution anddelivery of by poi-htment is made under the authority of the Board of Directors of -thm� ` -------------------------------------------------------------- -~�� ---------_--__-- ---------------------_--~�~------ _----- - -- . -------------^-_------------------------------_--------_-------__------------_- / . --------------------- _----------------------------------------------------------- ------------_-------------_---_--_-------------------------------------------_-- |-------------------------------------------------------------------------------| |____________-~___-_______________________________-________________-______--_---| , CERTIFICATE [, the undersigned secretary o[Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power ufAttorney o:u-lu{usiu [u!| force and effect and has not hoeu revoked, and, futbcr000ce, that the resolutions of the Board of Directors ye( forth on the reverse are now'/ full f6rooand effect. onomum r- �� Signed and sealed tbi x�� `� --- duvo R. Kirk E12114, SCUCtaly CBIC e 121]Valley Street o P.O. Box 9271 ° Seattle, WA 98109-0271 (206)622'7053 w (800)765-C80C (To�|Free) � (800)950-1558(FAX) '^~'`~~^^~~~'~ .. . A-,)) Landscape Maintenance at Various Locations: Exhibit A Bond No. Bid Bond BID BOND The American Institute of Architects, ALA Document No. A310 (Febtuary,1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Midori_ Gardens, Inc. as Principal hereinafter called the Principal, and Contractors Bonding and Insurance Company a corporation duly organized under the laws of the state of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount bid Dollars (S 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Landscape Maintenance for the City of Huntington Beach NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 23rd day of September 2010 Midori Gardens, Inc. Witness Prix(el) Witness ORSC 21328 (5/97) By: Namefiltle Contractors Bonding and Insurance Company ety Sur C� (Seal) By- MatthSfel Coats Attorney -in -Fact Landscape Maintenance at Various Locations: Exhibit A Certificate of Appointment and Resolution of the Board of Directors The undersigned Presidcnt and Secretary of Contractors Bondinu and Insurance C'onlpan , hereby certify that the President has appointed the Attorney(s)-in-Fact identified on the front side of this power of attorney, undcrand by the authority of the follow ink, resolutions adoprc(l by the Board of Directors of Contractors Bonding and Insurance Company ai it inecting didv held oii Dcccmber 15. 199 3: RESOLVED, that the CEO, President, CFO, any Vice President, Secretary Or am Assistant Secretary, and ally other employee as may be specifically authorized by a particular board resohltion (hereafter "Authonzed Officer or Employee") inlay appoint attorneys -in -factor agents with authority as defined or limited in the itlslrtullcnt evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the: Company to bonds, undertakings, recogniza[ices, and suretyship Obligations of all kinds- and any Authorized Officer or I'mployec may rcmov e any such attorney -in -fact or agent and revolve any power of attorney previously granted to such Pelson. RESOLVED FURTI-11::R. that any bond, Undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: (i) when signed by the Authorized Officer or Employee and attcstcd and scaled (if a seal be required); or (ii) when si-ncd by the Authorized Officer or Employee. and countersigned and sealed (if a seal be required) by it duly authorized attornev-in-tact or agcrlt; or (iii) when duly executed and sealed (if a seal be required) by One or more attorneys -in - fact or agents pursuant to anti within the limits of the authority eyidencd by the power of attorney issued by the C'ompan} to such person or persons. RESOLV I'D FURTHER, that the si,na(urc of any:,utho;heel OfQccr or Employce and the seal elf the Company may be affixed by faesnllilc t0 all\' pow"er OI ilttOE'lli 1' OI' CCI'titl� lti0f i IIICCCOf :Ititi]Ur17.tl10 the e.\ecution iold delivkC V of any bond, undertakifI f, I'0Ce)1!IliL311CC. (lr Uthct' SUrCtVShil') llbli4atinil� oF the Collip'lliv (limos Ui"�ICi'��'i�t'. �pcc&Ll . l In the povier of at(Urlley tISCIi): and such.il`31liltllt'C and se: 11 wholi iil 1,1Scil >ha1' h te'e the SW10 tU!' ' :slid LlfeCt 3, rb0(1811 Inallita 11V affixed. R1 SOLVI D Ft.:RTHER, that all previous resolu(i,lrl, 0i' 111r I3oahci ,)I' Dit-CCE01', cullecl-lli;la POW,"; e)r attOrne_,� and attorneys -in -Pact remain in full force and etfeci: that all din nl, oPpowcrs of auol'i1CV tuturc approved by the Board of Directors. including. but not limited tc1, >'.t ralfcd .'fax or facsimile Po,ver, oPattorilc.: , w here the entire powerof attorllc\ is a facSkllflc„ t'einain in full IQrCC iwd cif'• ct: find that one W1.111 sal (1 })Oltti;1' u: attorney shay' be attached to one bond (for cxalnplt:, file tOr111 fOt' �b'l1tL'll this CC�olllti0I is a Dart ma-v be attaChCCI l0 a bid "b"'Ild }, and another form of power of attorney may be attached to another bond (lot' Cai111l1L, a la\ po\: el' Ui ttuorricy ll eay be attached to the final bond for a project for which the different form ol'pmvcv (ray attached to the bid hond) ��.ithout affecting the validity of either power of attorncY or bons'. 1N WITNESS WHEREOF. Contractors Bondiil_anti IrL tMW,- :' 'wn(rul. has cxtiscd ih ,cr me cuts tc: iw siuncd by its president and socivary, and its corporate sral to be Il -cunto afflKc4.1 tlli> 1 3 .1 Jli v ;I,' ..... _�, ! T_ LT 1-. 1 1! State of Washingtoll 1-1 County of King •\nest: R. Kul, H;ind, Sccivlary On June 13, 2007 before nle, Brenda J. Scott Notary Pi.tblb,:, pci-sonall_y appeared Doll Sil hill and R. dark Eland personail.y known to me to be the persons ,NIlosc nalnes are subs;.gibed to the withitl irat1tn11ellt, an(I aci<rlol.(-icdged to nit all that tticv exe'cl!,L0 010 Szalllc in their authorized capacities and that by their si niatm-es the entity upon bollall' of 1.vllich ]lice acted cNecutcd the instrument. WITNESS my hand and official seal. <<i'1ftapP,"- i�t�Q`p7 kY OA Si-naltlrc (st:al) i — ---- — N-cmda J. Scou, .Nolan} PLINKAN :2 ,!IAei`t 1 J�� ." "I; Landscape Maintenance at Various Locations: Exhibit A Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature 1 September 14, 2010 2 Sep#ember 22, 2010 33 A-H Landscape Maintenance at Various Locations: Exhibit A State of California ss. County of Orange Al Gamatero -,being first duly sworn, deposes and says that he or she is Gontmller of Midori Gardens the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding-, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or age'?t thereof to effectuate a collusive or sham bid. Al Gamatero Name of Bidder Signatur of Bielder 3231 S. Main Street 'Santa Ana, CA 92707 Address of Bidder Subscribed and sworn to befo this day of 20_ NOTARY PUBLIC �E'_- 34 NOTARY SEAL Landscape Maintenance at Various Locations: Exhibit A � J ura State of Cahforni2 County of Subscribed and sworn to (or affirmed) before me on tYiis a 7 day of fllCrt'/� ei , 20/0 T by Al . ,L42 proved to me on the basis of satisfactory evidence to be the persong vko appeared before me. s1gnatur (Notary seal) JUAN PEREZ Fes- COMM. #1807326 W NOTARY PUBLIC • CA�IFORNIA CIO ORAN13ECOUNTY O My Comm_ Expires July 25, 2012 0 P TI01,T.AL INFORMA,, TION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Mile or description of attached docatnent continued) Number of Pages Document Date (Additionai information) INSTRUCTIONS FOR CONIPLET-1NG THIS FO1UA The wording ofoPJurats completed in Californio after January 1, 2008no4i be In the farm as set forth within this Jura[. There are no exceptions. If a jvrol to be compleied does not follow this fonr,, the notary must correct the verbiage by using a jural stamp containing the correct wording or atwchrag a separate jurai form such as this one which does contain proper wording. hs addition, the notary must require an oath or tlffirmation from the document signet- regarding the "hfulness of the contents of the document. The document must be signedAF3'ER the oath orafrmati= If the document was previmralyaigned, it most be re -signed in front of the notary public daring the jurat process State and County inthrino0ou most be the State and County where lhe dttcammt sigtrer(s)peraonally appeared behm the eowy pdblia • Date of notarization mast be the date titer the srgoer(s) persorm]iy appeared which mast also be she�ame date the jmatptotxss is t�tapieted. • Print the m mo(s) of document Sipe*) who paaondly appear at the time of notwWon. d Sigimtme of the notary public saint match the sigtatum on file with the office ofth matyelc& The notary seal h2ptwMan mast be clear and photographically tepwdncNL In paeadon nmA trot covet text or liaea. lfsul bvmasion samdges, m-seal its allicient sea permits, eq=wisc etmtplete s different jatat iban. C Additional h t nuatim b not required but could help to ensate this juratis votminuled or amellod toadwf aeWdocument indicate Title or typt: ofattadrod docimunt, pmnber of pages and date. . Securely attacb this dwwn=t to the sigped doamtclat 2008 Version CAPA v1.9.07 810-8734965 www.NotwyQesses.com my Landscape Maintenance at Various Locations: )Exhibit A HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Landscape Maintenance Contract 10-0927, MSC 473, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrat;ve Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved" The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Rod Gardens Contractor Al Gametero By Controller Title 09/27/2010 Date 35 Landscape Maintenance at Various Locations: Exhibit A 1n accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Q Yes )0 No if the answer is yes, explain the circumstances in the space provided. Note: The questionnaire constitutes a part of the Proposal, and a signature portion of the proposal shall constitute signature of this questionnaire. 36 W, Landscape Maintenance at Various Locations: Exhibit A Pursuant to Section 1861 of the State labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Midod Gardens Contractor AI Gama#era By Controller Title 09/27/2010 Date 37 U-y/Cti/1UIU UY:44 1141J141b1 Mluul{1 sa1a0 r.V" /Uv[ Landscape Maintenance at Various Locations: Exhibit A (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identirication Number. Nod Gardens Contractor Al Ggvnf�ro By Coa tollet Title 09/27/ 10 Date Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request 36 Landscape Maintenance at Various Locations: Exhibit A State of California County of Orange On SAP 2- 3 2010 before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/arc subscribed to the within instrument and acknowledged to me that heA+rch4my executed the same in his+e� authorized capacity(ies), and that by his `r'r ct `r their signature(S) on the instrument the personH, or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my band and official seal. ADELAiDE C. HUNTER cornmission # 1806793 . L Notary Publrange •• California € Signature Orange County MY Comm- Expires Au)8.20121 Landscape Maintenance at Various Locations: Exhibit A INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name: Nor! Gardens 2. Address: 3231 S. Main St., Santa Ana, CA 92707 3. Telephone: (714) 751-8792 4. Type of firm — individual, partnership, or corporation: Corporation 5. Corporation organized under the laws of the State of: California 6. Contractor's License Number: C-27 I No. 308373 7. List the names and address og all m mbers of the firm or names and titles of all officers of the corporation: Aga Hamamoto - President, Secretary Treasure 8. Number of ears experience as a contractor in park and landscape maintenance: Over 3y0 years 9. List below the names, address and telephone numbers, including at least three public agencies, for which the bidder has performed similar work within the past two years Contract Type of Work Date Completed References Amount or Contract Name, Address & Phone Number Duration City of Westminster - Pete San ez (714)895.2876 $360,000/yr Parks & Medians 2002 - Current 8200 Westminister Blvd., Westminster, CA 92683 $ 612,000 /yr Medians 1991 - Current City of Santa Ana - Jerry Jeffries (714)647.5015 20 Civic Center Drive, Santa Ana, CA 92701 $ 210,000/yr Parks 2006 •Current City of Costa Mesa - Jim Ortiz (714)925-7454 P.O. Box 1200, Costa Mesa, CA 92628 City of la Palma - Dave Gaudio (714) 690.3310 $ 72,000/yr Parks & Medians 1989 • Current 7822 Walker Street, la Palma, CA 90623 $840,000/yr Parks 2oa4 201 o City of Temecula - Kevin Harrington (951)694.6444 43200 Business Park Dr., Temecula, CA 92589 $900,000/yr Parks & Medians 2002 -2008 City of Long Beach - Many Sepabi (562)570-6674 7600 E. Spring Street, long Beach, CA 39 Landscape Maintenance at Various Locations: Exhibit A 10. List the name of the person who inspected the sites of the proposed work for your firm: Nelson Goodness & Rosendo Lopez The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Midori Gardens Company Name Signature 9(Sidq�ir Al Gametero Printed or Typed Signature Subscribed and sworn to before me this — day of , 20 NOTARY PUBLIC NOTARY SEAL X11. EXHIBITS A. Maintenance Frequency Summary and Schedule by Task B. Weekly Inspection Sheet C. Deficiency Notice D. Service Locations XIII. ATTACHMENTS: 1. Maps 2. Sample Contract i I Landscape Maintenance at Various Locations: Exhibit A # 1 State of Q allfbmis Count} of 0r,.-8-:1 Subscribed and sworn to (or affirmed) before Me an this 0 day of 20_,�b-- by Al 4�10 s proved to me un the basis of satisfactory evidence to be the persq)(�j who appeared before me. Signature (Notary seal) JUAN PEREZ c �- C annul. #taa7azs 0.� NOTARY PUSLIC.CALIFORNIA ORANGE COUNTY p my Comm. Expires July 25. 2012 OPTIONAL INFORMATION DESCRIFTION OF THE ATrACFIED DOCUMENT (Title or desedption of attached document) (Title or description of attached document eontioued) Number of Pages Document Date (Additioaslintotm dem) INSTRUCTIONS FOR CONIPLET"ING THIS F01UA The wording of all Jurors completed In California after January), 2008 musr be in the form as set forth within this JuraL There are no eueptions_ If o Jurat to be completed does not follow this form, the notary must correct the verbiage by using a juroi stamp containing the correct wording or attaching a separole jurat form such as this one which does contain proper wording. It, addition, the notary must require an oath or rfirmation from the document signer regarding the truthfulness of the contents of the document. The daatttmt must be signed AFTER the oath or zfirmation. Ifthe docwnem was previouslysigned, it must be re -signed in front of the nalwy public during the furor process • State end Cotmty inictImation must be the State and County where the document sigwo) pmsonaliy appeared before the potay public. • Date of notarimtiom mist be the date do the sigaer(s) personally appeared which most also be the name date the jmat psaeess is coaaploted. • Print die name(s) of document signa(a) wbo pasomalty appear at the time of soushmtics. • Sil;w tore of dm =tm public mast match the Opetare on file with the office orgoccuoydaL • The tmltary seal iwpreasion unit be dear and photographically mpmdacilk bopreasivm matt Not coven team or Iim. If seal itat xmion smudge*. re -seal if a sat6dmt arse parmita. atbmaise t�ttetea d'>t�tent jntat tarot, 4 AdQihbmal imiio, 11= is rut nq%tW but could help to cw= this just is not micnsed or auzftd to a diffacatdocummot. 4% b dia m title or type ofatladwd document. mmhba of pages and date. • Sc=dy atteeb dds doram cut to the signed docmncnt 2008 Version CA3PA v1.9.07 800-873-9865 www.Not=yC2=es.com A -A Richard Reynolds Operations Mgr Santa Ana Office Supervisor Landscape Crew Leader Landscape Worker Midori Gardens Organizational Chart Naga Hamamoto President Al Gamatero Controller Shannon Sittler Juliana Mokreva Customer Service I I Payroll / A/R Ben Hamamoto Operations Mgr Los Angeles Office Supervisor Landscape Crew Leader Landscape Worker Landscape Maintenance at Various Locations: Exhibit Fjpr Q-ALIFOANIA DIEPARI.`IVf NT OF PE' SITICIDE REGULATION 10011 STREET SACR&MENTO, CAA.,RORNIA 95814 ISSUED, Janllar3-.Qi;,2{316 - , WMES: Deeemb4 31, 2011 PEST CONTROL BUSYN•IESS MAM LICENSE - - Invalld (FinsuFahcb an rq>x�ggrs6 s aP..ei4n: cxpirationdate. kuakag Address MIDORI GARDENS 3.231 S MAIN, ST SANTA Anti, CA 92707 Y;usiness Location MIDORI GARDENS 3231 S MAIN ST SANTA ANA, CA 92767 Mary-,gnn ivarmerda,r, ,D`me(tos POST THIS LICENSE PROMINENTLY IN PUBLIC VIEW THIS LICENSE IS NOT TRANSFERABL. - ANY CHANGE IN OWNERSHIP REQUIRES A NEW LICENSE - A� DEPARTMENTOMSTICIDEREGULATION �+ � LICENSINGMPRTIFICATION PROGRAM �/ QUALIFIED"MICATORLICONSE DATE OF ISSUE VALIDTHROUGH 0i/0I/2009 12/3i/2QI0 qAL I08476 8C NAGA HAHAK070 3231 S _ RAIN ST SANTA ANA CA 92707 Slane LJI LallI0fR4a CONTRACTORS STATE LICENSE BOARD ,� Cowauo w ACTIVE LICENSE .. 308373 ,K,, CORP MIDORI GARDENS 027 Chi/D49 o^ 03/31/2011 M k4 o e select certlf led IRRIGATION ASSOCIATION® July 31, 2008 Has earned the designation of Certified Landscape Irrigation Auditor Certification ID # 005660 Gene Ross, PE, CUD Chair, Certification Board This certificate is valid only when accompanied by a current renewal card. �'.4.+ wRli rz�m;p .r a a abi>l�g �ucce �tutlp tompleteb the,r equ of err r>rt yet by tArboriculture, rbort�t Certification �oa�rb e If ter (O r . }..... r. uY re t e a!bobe � io bere'��Y��,^, . r>r �� Certiffeb Zfrbori2;t Pm 61 iera, fxecutibe director 34crMtionad 6odrtp of Srbmricul[ture WE-4236A Jan 1, 1999 Dec 31, 2010 Certifi[ation Rumber cntifieb ipfnre Cxpiratian mate Landscape Maintenance at Various Locations: Exhibit A i CITY OF HUNTINGTON BEACH Finance • . rtment Bob Wingenroth Director of Finallem September 13, �QL'rJ;tY!,Ch 1 10 RE: RPQ 10-0927 MSC 473, Landscape Maintenance Contract This is an addendum to above RFQ. Please not the following changes: General Specifications document: page 7, number 26 qualifications of Contractor, e. The following must be supplied by contractor: v. Contractor must have office within the City of Huntington Beach. The City will not require that you have an office directly in Huntington Beach. Contractor is required to respond within 25-30 minutes when a call is placed. Thank you, Marilyn Goldstein Buyer 2000 Main Street, California 92648-2702* Phone 714-536-5221 a Fax 714-374-1530o www.sui-fcity-hb.org q 2� Landscape Maintenance at Various Locations: Exhibit A CITY OF HUNTINGTON BEACH Department PurchasinDivision September 22, 2010 RE: RFQ 10-0927 Landscape Maintenance Contract Addendum#2 Below are some additions and deletions to the Landscape General Specifications: Please add the following: Section li Turf Maintenance #11 Standing Water — The contractor is responsible to remove standing water from low areas by pumping when directed by Maintenance Operations. Contractor will be subject to storm water management best practices. Section IX Sand and Play Area Maintenance "add text" — The contractor is responsible to remove standing water from playground areas by pumping when directed by Maintenance Operations. Contract will be subject to storm water management best practices. Please delete the following. - Exhibit A — Maintenance Frequency Summary: - Water Truck Landscaping Rinsing — One (1) timer per month. This is not required for the sites being bid. Questions & Answers: 1. How many parks have pumps, and at which sites? Four sites have pumps; Langenbeck Park, Terry Park, and Civic Center each have one pump. Blufftop Park has 3 pumps. There are 6 pumps total. Contractor will be responsible for pumps, including repair or replacement if necessary. 2. Can you give us a tree inventory? We do not have an inventory of trees at the sites. Contractor will only be responsible to maintain trees less than 25 feet in height. See General Specifications, page 20, Section VI_ Tree Maintenance. 3. Does this bid need a bid bond? A proposal guarantee of not less than 10% of the total amount named in the proposal is required. This may be in the form of a certified check or cashier's check or bid bond. See page 1, Instructions to Bidders, Para. 2. Proposal Guarantee. 2000 Mahn Street, California 92648-2702+ Phone 714-536-5221® Fax 714-374-1530e wvrNv.surfc.ity-hb.org a� Landscape Maintenance at Various Locations: Exhibit A 4. What's the most common mowers being used at the moment? John Deere 5000 Series with a flail deck_ 5. What's the current contract price? There is no current contract. The sites are currently maintained by city staff_ 6. How many parks have booster pumps? Refer to question 1. 7. When will the bid be opened? Staff will meet next week to review 8. How many copies of are required with bid return? All required paperwork that is stated in the bid must be returned. Please read everything and turn all in with bid_ 9. What is the correct "Term of Agreement" The correct Term of Agreement is as stated on General Specifications, page 5, which states, `The agreement shall be one (1) year. The contract may be renewed by mutual agreement of both parties for three (3) additional one (1) year terms." The agreement term listed on page 32 is not correct (see last page (attached), must be enclosed with bid) 10. Who is responsible for emptying trash receptacles at Bluff Top Park, other beach front areas, and in the beach parking lots? The contractor is not responsible for emptying trash receptacles at Bluff Top Park, in other beach front areas or in the beach parking lots. 11. Who is responsible for removing sand from Beach parking lots? The contractor is responsible to remove excess sand from turf areas along the beach. The contractor is not responsible for removing excess sand from beach parking lots. 12. Is contractor responsible for repairing main irrigation lines under streets? Yes, when necessary. Contractor is responsible to maintain entire irrigation system from connection at back side of water meter. See General Specifications, page 23, Section XI Irrigation Maintenance, Para. 2. Operation/Repair. 13. What do you do about standing water, such as after a rainstorm? The contractor is responsible to remove standing water from playground areas and other low areas by pumping when directed by Maintenance Operations. Contractor will be subject to storm water management best practices. 14. Is the contractor expected to empty trash receptacles and if so, how often? Yes, the contractor will empty trash receptacles at park sites two (2) times per week, currently Monday and Friday. See General Specifications, page 26, Section X11, Clean Up. 16. What about grass clippings from mowing and edging? Clippings, cuttings, trimmings and any existing litter are removed each time the site is serviced; one (1) time per week. See General Specification, page 26, Section XI I, Clean Up. p 3� Idori Landscape Maintenance at Various Locations: Exhibit A M. g"'.Apq� 3231 S. Main St., Santa Ana, Ca. 92707 714-751-8792 CONTRACT PRICE LIST 1 gallon shrub installed 5-gallon shrub installed 15 gallon shrub installed 15-gallon tree installed with 2 stakes and hardware 24-inch box tree installed with 2 stakes and hardware Ground cover (per flat) installed 4-inch color (per flat) installed Misc. Labor per hour Irrigation Labor per hour Irrigation Specialist per hour Pest Control per hour Emergency Service per hour $ 7.00 $ 17.00 $ 65.00 $ 85.00 $ 265.00 $ 16.00 $ 22.00 $ 20.00 $ 28.00 $ 35.00 $ 35.00 $ 40.00 FAX (714) 751-4167 Landscape Services C-27 308373/ PCL 35527 Landscape Maintenance at Various Locations: Exhibit A GENERAL SPECIFICATIONS FOR LANDSCAPE MAINTENANCE FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA GENERAL The specifications for the hereinafter described Landscape Maintenance services of those parks, median, roadside and public facilities in the City of Huntington Beach as specified in the Contract Documents shall consist of the requirements and conditions of the following documents: Standard Specifications for Public Works Construction Latest Edition and General Requirements of the City of Huntington Beach, excepting deleted sections, the Arboricultural and Landscape Standards and Specifications of the City of Huntington Beach, the California Landscape Contractors Association Standards book, Supplemental General Requirements, Special Provisions, Attachments, the Proposal, the composite of which shall hereinafter be referred to as the Specifications. MANDATORY JOBWALK: Wednesday, September 15, 2010 9:00am sharp. Meet at City of Huntington Beach, Civic Center, 2000 Main Street, Huntington Beach CA 92648, at top of stair on East side of 5 story Civic Center building. 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 the Purchasing Department Lower Level, City Hall, 2000 Main Street, Huntington Beach, CA 92648 which shall be endorsed with the Project Title 10-0927 MSC#473 as it appears on the Request for Quotation. 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 electronic proposals or modifications will be considered. 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 p 33 Landscape Maintenance at Various ]Locations: Exhibit A 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" Landscape Maintenance Contract —# 10-0927 MSC 473 CITY OF HUNTINGTON BEACH/Purchasing Division — DO NOT OPEN WITH REGULAR MAIL 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 designeed official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return of Proposal Guarantees 6. Taxes 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. 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. Disqualification of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, 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. A 3'� Landscape Maintenance at Various Locations: Exhibit A 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California C-27 license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. 10. Subcontractors No subcontractors shall be used for any portion of this contract. 11. 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 should he be in doubt as to their meaning, he shall notify the AGENCY in writing by DATE. 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. 12. 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. K3 Landscape Maintenance at Various Locations: Exhibit A 13. 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. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. 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. 15. 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. 16. 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. 17. 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 4 �z Landscape Maintenance at Various Locations: Exhibit A the contract, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. 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. 19. 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. 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. 20. Questions Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received in writing by the buyer listed on RFQ form up to five (5) working days prior to the bid opening. Questions asked of the buyer after this time will not be addressed. 21. Scope of Work The contractor shall perform all work necessary to complete the Contract in a satisfactory manner. The areas to be maintained shall include but not be limited to turf areas, ground cover areas, trees, shrubs, play equipment, park furniture, restrooms, sand play areas, drain lines, sidewalks, driveways and aprons, ditches, catch basins, gutters, curb drains, irrigation systems, and park accessories (excluding lighting equipment). Beach areas to the high tide line area are excluded from the park maintenance area. 21. Term of Agreement The term of this agreement shall be one (1) year. The contract may be renewed by mutual agreement of both parties for three (3) additional one (1) year terms. 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 April to April of the preceding twelve (12) months, not to exceed 5%. On or before May 31 following one 5 Landscape Maintenance at Various Locations: Exhibit A full year of service, and on or before May 31 of each year thereafter during the four (4) year extended term of this Agreement, Contractor shall request in writing from City the cost of living increase proposed, if any, and the additional amount of money requested by Contractor, for the period of October 1 through the following September 30 and each similar one (1) year period thereafter during the four (4) year extended term of this agreement. If the additional amount of money requested is acceptable to City, City shall pay such additional compensation to Contractor commencing with the October billing period of the effective year during the four (4) year extended term of this Agreement. Contractor shall be entitled to only one adjustment per year as provided above during the contract extended term for such a cost of living increase; and this adjustment shall be full compensation to Contractor for all costs and expenses, of whatever type or nature, not included in the annual contract price. 22. 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. 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 sections project, without having completed the work assignment for that day. 23. 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. 24. 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. 25. 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. 40 n- Landscape Maintenance at Various Locations: Exhibit A 26. Qualifications of Contractor In order to be eligible to enter into this contract with the City, the bidder shall: 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 must be of relatively similar size, level of service and cost as this specified 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. Contractor must have office within the city of Huntington Beach vi. Contractor must have radio or telephone communications between office and field personnel. vii. Contractor must have 24-hour answering service. viii. Contractor must have 5 years of experience in roadside and median landscape maintenance. 7 Landscape Maintenance at Various Locations: Exhibit A ix. 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. X. Employees must wear orange or similar fluorescent colored, high -contrast reflective shirts or vests for safety purposes, and uniforms identified with company name. Xi. Contractor must obtain and keep current a City Business License. xii. Contractor must have vehicles marked with name and telephone number of Company. xiii. 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. 27. 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. 28. 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. 29. On -Site Storage The storage of tools, equipment or materials within the project area, public right-of-way or easements is prohibited. 30. Personal Attire and Equipment E: Landscape Maintenance at Various Locations: Exhibit A a. The Contractor shall require each of his employees to adhere to basic Public Works standards of working attire. This includes uniforms, 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 supplies and equipment. The firm 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. All vehicles will display a sign on the vehicle while working on City areas indicating the Contractor is under contract with the City. This sign shall be visible at all times. 31. 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. 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. 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 designee. 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, E V�� Landscape Maintenance at Various Locations: Exhibit A 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 shall be filed with the city no later than the 10th of every month of the preceding month. 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. 10 k411.11- Landscape Maintenance at Various Locations: ]Exhibit A 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. 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. 32. 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 17581 Gothard Street, Huntington Beach. He may be reached by telephone at 714/536-5480. 33. 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. 11 Q-O Landscape Maintenance at Various Locations: ]Exhibit A 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. 34. 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. 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. 35. 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 restake 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. 36. Contract Documents Contract documents shall consist of the specifications and exhibits, plans, insurance certificates, the contract and all submittals required. 37. 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 12 Landscape Maintenance at Various Locations: Exhibit A commencing any excavation. Contractor shall contact the Maintenance Operations Manager or designee and Underground Service Alert (1/800-422-4133) 48 hours before commending any excavation, to locate underground service lines. 38. Plans a. One set of reduced planting and irrigation plans for each park are provided as part of the contract documents for the Contractors general reference. The Contractor shall be responsible for verifying in the field, areas, quantities and facilities for accuracy. 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). 39. Exhibits Exhibits consist of Exhibit A through D. 40. 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. 41. 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 twenty-four (24) 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. Landscape Maintenance at Various ]Locations: Exhibit A 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 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. 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) 14 Landscape Maintenance at Various Locations: Exhibit A a. 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, all in accordance with the provisions of the California Vehicle Code, the current State of California Department of Transportation "Manual of Traffic Controls for Construction and Maintenance Work Zones". b. 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 d. Information signs shall be required on all arterial streets one week prior to beginning of roadway construction projects. e. The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. 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. g. 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 provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the construction area. Contractor shall also post proper signs Landscape Maintenance at Various Locations: Exhibit A to notify the public regarding detours and conditions of the roadway, all in accordance with the provisions of the Vehicle Code. 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 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 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. 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. 16 RO Landscape Maintenance at Various Locations: Exhibit A Whenever, in the opinion of the Maintenance Operations Manager or designee, 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 designee, 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 designee 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 designee may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary. 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 designee 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. 17 M1 Landscape Maintenance at Various Locations: Exhibit A 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 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. 2. Watering 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 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 four (4) pounds per 1,000 square feet of calcium Nitrate per application March and late October. In May, July and September all turf shall receive six (6) 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 'rE:3 A �� Landscape Maintenance at Various Locations: Exhibit A 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 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 designee. 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 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 19 A-51 Landscape Maintenance at Various Locations: Exhibit A 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 designee. 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. 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 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 20 A,5" Landscape Maintenance at Various Locations: Exhibit A 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 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 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. Guys and ties shall be checked periodically to prevent girdling and/or restriction of growth. VII. 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. Weed Control i. Weeds shall be either pulled or sprayed and removed from non -vegetative areas before reaching four (4) inches in height. 21 Landscape Maintenance at Various Locations: Exhibit A 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. Vill. DECOMPOSED GRANITE AREA MAINTENANCE Decomposed granite areas shall be kept in a neat and clean condition, free from weeds and debris. Resurfacing Once per year the City will require that the decomposed granite areas be resurfaced. Contractor shall resurface the area by filling low or worn areas with new decomposed granite to eliminate ponding of water. The decomposed granite shall be paced to a minimum thickness of four (4) inches and compacted with a roller. After rolling, the area, the area shall be smooth and raked and watered thoroughly to provide maximum compaction. Work involved in the resurfacing operation is considered part of contract. Weed Control Weeds shall be either pulled or sprayed and removed from non -vegetative areas before reaching four (4) inches in height. b. 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. See Part VI I, Section 3, of these specifications. 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. When additional sand is required, the City Maintenance Operations Manager or designee will determine the screen size/type and quantities. New sand shall 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 22 Landscape Maintenance at Various Locations: Exhibit A 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, and plant health. 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 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, backflows and remote control valves, gate valves and sprinkler heads etc. 23 A�fi Landscape Maintenance at Various Locations: Exhibit A 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. 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. 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. Backflow Maintenance, Testing and Certification on a Yearly Basis shall be included in the Contract Price. The County of Orange and the City of Huntington Beach Water Purveyors shall approve Backflow certification. 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 24 W, Landscape Maintenance at Various Locations: Exhibit A 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 designee 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 designee 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 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. 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 25 Landscape Maintenance at Various Locations: Exhibit A 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 designee 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 VIII. 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 week, or as agreed upon by the Maintenance Operations Manager or designee. 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. 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. 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. will result in a deficiency notice reduction of pay. 26 Landscape Maintenance at Various Locations: Exhibit A BID PROPOSAL FROM: Name of Firm To the Honorable Mayor and City Council, City of Huntington Beach, California: Regarding Landscape Maintenance Contract. In compliance with the request for proposals for City Landscape Maintenance Contract, MSC 473, 1 hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned will not subcontract any work accomplished by this contract. For the furnishing of all labor, materials and equipment, and/or all incidental work necessary to provide full and complete maintenance in strict conformity with the plans, specifications and special provisions provided herein and on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the unit prices indicated on the Bid Proposal Forms; Approximate Unit Price',' xltemLLocation .iVame Size er acre rr TotaP°Price'" per Month^ ' 1 AREVALOS PARK 3 acres BEACHFRONT (Pier South to 2 Beach Blvd) 2 acres 3 BLUFF TOP 9th North to Seapoint 30 acres 4 BURKE PARK 2.5 acres 5 BUSHARD PARK 2 acres 6 CIRCLE VIEW PARK 2 acres 7 CLEGG — STACY PARK 3 acres 27 a �� Landscape Maintenance at Various Locations: Exhibit A Item Item/Location Name Approximate' ; . Size Unit Price er acre _ Total PTice per Month 8 COLLEGE VIEW PARK 2.25 acres 9 DREW PARK 2.5 acres 10 FARQUHAR PARK 3 acres 11' FRANKLIN PARK 2 acres 12 GIBBS BUTTERFLY PARK 4.25 acres 13 GISLER PARK 11.75 acres 14 GLEN VIEW PARK 3 acres 15 GOLDEN VIEW PARK 3 acres 16 GREER PARK 11 acres 17 HAWES PARK 2.75 acres 18 HOPE VIEW PARK 3.75 acres 19 IRBY PARK (developed only) 5 acres 20 LAKE PARK 4.5 acres 21 LAKE VIEW PARK 3 acres 22 LAMB PARK 2.8 acres 23 LANGENBECK PARK 18 acres RN Landscape Maintenance at Various Locations: ]Exhibit A Approximate_ Unit Pace `Item Item/Location Name��. , x • .Size.. , .,er acre) •TotaPPnce '` r Month • 24 LARK VIEW PARK 2.5 acres 25 MARINA PARK 11.5 acres 26 MARINE VIEW PARK 3 acres 27 MOFFETT PARK 2.5 acres 28 NEWLAND PARK 3 acres 29 PERRY PARK 2 acres 30 PLEASANT VIEW PARK 2 acres 31 ROBINWOOD PARK 2 acres 32 SCHROEDER PARK 2.5 acres 33 SEELY PARK 3.5 acres 34 SOWERS PARK 2.5 acres 35 SUN VIEW PARK 2.5 acres 36 TERRY PARK 5.5 acres 37 WARDLOW PARK 2.25 acres f, rr SUBTOTAL PARK ACRES 174.3 acres � Approximate ®� �l7riit,Price�� ;,. ' diem :.-9 tten/Location Name _ Size E -_ ,. = er acce TotalPrice er Month r y �i Landscape Maintenance at Various Locations: Exhibit A ' . Appro)ximate`,,:; ; vUnit Price' y^o ' Item w ��ItemlLocatioh Narne Size f' � er acre), ,Total. Price pei,.Month 38 GOLDEN WEST MEDIAN 2.5 acres 39 MAIN ST MEDIAN 2 acres 40 CITY GYM & POOL 0.5 acres 41 CIVIC CENTER 5 acres 42 MAIN STREET BRANCH LIBRARY 2 acres 43 NEWLAND BARN 1 acre 44 PIER PLAZA Pier No. to 6th St 1 acre 45 SENIOR CENTER 5 acres SUBTOTAL LANDSCAPE ACRES 19 acres n� TOTAL APPROX. ACRES TO BE MAINTAINED 193.3 acres`""`< Each of the above listed Items to be serviced in accordance with the following schedule and with the Park and Landscape General Specifications: .;J",C—. .,fit .y,. %.,,T` Irrigation Inspection Weekly Turf Maintenance mowing One 1) time per Week Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize Five (5) applications per year per Specifications, Part IV Section 3. Vertical Mow One 1 time per year Aerate After each application of fertilizer Chemical Control As needed Visual Inspection Every two 2 weeks 30 Landscape Maintenance at Various Locations: Exhibit A Trim Monthly Fertilize Three (3) applications per year per Specifications, Part V Section 3. Chemical Control As needed Visual Inspection Every two weeks Trim As needed Palms As needed to remove dead fronds and fruit Fertilizer - Trees One (1) application per year per Specifications, Part VI Section 3 Fertilizer — Shrubs, Vines Three (3) applications per year per Specifications, Part V Section 3 Chemical Control As needed Restake/Check Each site visit every two weeks min. Visual Inspection Every two weeks Hardscape Maintenance Each site visit Grounds Policing/Litter Removal Each site visit Water Truck Landscape Rinsing One (1) time per month Water Truck Landscape Flooding - Non Irrigated Areas Two (2) times per month Weed Control Each site visit Wood Chipping/Top Dressing One (1) time per year 31 Ao Landscape Maintenance at Various Locations: Exhibit A It is understood and agreed that the approximate quantities shown in the foregoing proposal are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary insurance within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned understands that the term of the agreement shall be for a period of two (2) years from the date stated in the Notice to Proceed with the option of renewal. The undersigned has examined carefully the site of the work contemplated, the route schedules and specifications and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirement of the proposal, schedules, specifications, and the contract. Accompanying this proposal is ($ )• NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that is shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said; otherwise said surety shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. Signature of Bidder Business Address Place of Residence Dated this day of , 20 32 a � Landscape Maintenance at Various Locations: Exhibit A Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature 33 A-0 Landscape Maintenance at Various Locations: Exhibit A 7,'-�...- State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of NOTARY PUBLIC 34 , 20_ NOTARY SEAL H1 Landscape Maintenance at Various Locations: Exhibit A HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Landscape Maintenance Contract 10-0927, MSC 473, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor Title Date Landscape Maintenance at Various Locations: Exhibit A In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ❑ No If the answer is yes, explain the circumstances in the space provided. Note: The questionnaire constitutes a part of the Proposal, and a signature portion of the proposal shall constitute signature of this questionnaire. 0 R J Landscape Maintenance at Various Locations: Exhibit A Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor By Title Date 37 Landscape Maintenance at Various Locations: Exhibit A (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number. Contractor By Title Date Note: This form is required for every Dig Alert Identification Number issued by U. S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. W Landscape Maintenance at Various Locations: Exhibit A INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name: 2. Address: 3. Telephone: 4. Type of firm — individual, partnership, or corporation: 5. Corporation organized under the laws of the State of: 6. Contractor's License Number: 7. List the names and address of all members of the firm or names and titles of all officers of the corporation: 8. Number of years experience as a contractor in park and landscape maintenance: 9. List below the names, address and telephone numbers, including at least three public agencies, for which the bidder has performed similar work within the past two years Contract Amount Type of Work Date Completed or Contract Duration References Name, Address & Phone Number 39 A41 Landscape Maintenance at Various Locations: Exhibit A 10. List the name of the person who inspected the sites of the proposed work for your firm: The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this day of NOTARY PUBLIC XII. EXHIBITS A. Maintenance Frequency Summary and Schedule by Task B. Weekly Inspection Sheet C. Deficiency Notice D. Service Locations XIII. ATTACHMENTS: 1. Maps 2. Sample Contract ,20 NOTARY SEAL Landscape Maintenance at Various Locations: Exhibit A Exhibit A MAINTENANCE FREQUENCY SUMMARY AND SCHEDULE BY TASK FUNCTION Irrigation Inspection Turf Maintenance Mowing Edging Clipping Removal String Trimming Fertilize Vertical Mow Aerate Chemical Control Visual Inspection Ground Cover Maintenance Trim Fertilize Chemical Control Visual Inspection Shrub, Vine & Tree Maintenance Trim Palms Fertilizer - Trees Fertilizer — Shrubs, Vines Chemical Control Re-stake/Check Visual Inspection Hardscape Maintenance Grounds Policing/Litter Removal Water Truck Landscape Rinsing Water Truck Landscape Flooding Non Irrigated Areas Weed Control Wood Chipping/Top Dressing FREQUENCY Weekly One (1) time per Week At each mowing At each mowing At each mowing Five (5) applications per year per Specifications, Part IV Section 3. One (1) time per year After each application of fertilizer As needed Every two weeks Monthly Three (3) applications per year per Specifications, Part V Section 3. As needed Every two weeks As needed As needed to remove dead fronds and fruit One (1) application per year per Specifications, Part VI Section 3 Three (3) applications per year per Specifications, Part V Section 3 As needed Each site visit every two weeks min. Every two weeks Each site visit Each site visit One (1) time per month Two (2) times per month Each site visit One (1) time per year a,�3 Landscape Maintenance at Various Locations: Exhibit A Location: Hazardous Conditions ❑ Overall Condition: Turf Trees Beds Picnic Facilities, Restrooms Other: Corrections Needed: Play Equipment Overall Condition Sand Pits Comments: Inspected By: Location Hazardous Conditions ❑ Overall Condition: Turf Trees Beds Picnic Facilities, Restrooms Other: Corrections Needed: Play Equipment Overall Condition Sand Pits Comments: Exhibit B Weekly Inspection Sheet Date: Good Fair Needs Work Weekly Inspection Sheet Date: Good Fair Needs Work ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Landscape Maintenance at Various Locations: Exhibit A Exhibit C CITY OF HUNTINGTON BEACH CONTRACT DEFICIENCY NOTICE Inspected By: Contractor: Location: Project: Description of Deficiency: Date of Notification: City Representative: Contractor's Representative: 'is Landscape Maintenance at Various Locations: Exhibit A Exhibit D SERVICE LOCATIONS a PARK „ �� xADDRESS 'MAP PLAY` eQUIP ' .. . . ACR6 "� AREVALOS 10441 SHALOM DR 437 Y 3 BEACHFRONT (Pier South to Beach Blvd) 103 PACIFIC COAST HWY A N 2 BLUFF TOP 9th North to Seapoint) 2201 PACIFIC COAST HWY B N 30 BURKE 9700 LEVEE DR 456 Y 2.5 BUSHARD 2691 WARBURTON DR 436 Y 2 CIRCLE VIEW 6261 HOOKER 148 Y 2 CLEGG - STACY 6311 LARCHWOOD 128 Y 3 COLLEGE VIEW 6482 LENNOX 159 Y 2.25 DREW 20252 CAPE COTTAGE 443 Y 2.5 FARQUHAR 951 MAIN ST 441 N 3 FRANKLIN 14422 HAMMON PL 117 Y 2 GIBBS (BUTTERFLY PARK) 16641 GRAHAM 166 N 4.25 GISLER 212151 STRATHMOOR 466 Y 11.75 GLEN VIEW 6621 GLEN DR 149 Y 3 GOLDEN VIEW 7742 WRENFIELD 179 Y 3 GREER 6901 MCFADDEN 139 Y 11 HAWES 9632 YELLOWSTONE DR 446 Y 2.75 HOPE VIEW 6381 ARMADA DR 188 Y 3.75 IRBY (Developed) 6770 RUTH 169 Y 5 LAKE MAIN / ELEVENTH 441 Y 4.5 LAKE VIEW 17451 ZEIDER 273 Y 3 LAMB 10521 YORKTOWN 427 N 2.8 LANGENBECK MAGNOLIA / GARFIELD 424 Y 18 LARK VIEW 7332 SUMMERDALE 178 Y 2.5 MARINA 5562 CROSS DR 147 Y 11.5 MARINE VIEW 17442 FRANS LN 177 Y 3 MOFFETT 8800 BURLCREST DR 444 Y 2.5 NEWLAND 19702 TOPEKA LN 434 Y 3 PERRY 8172 DEAUVILLE 423 Y 2 PLEASANT VIEW 16642 LANDAU LN 264 Y 2 ROBINWOOD 5212 MC FADDEN 146 Y 2 SCHROEDER 15151 COLUMBIA 138 Y 2.5 SEELY 9702 SURFCREST 476 Y 3.5 SOWERS 9272INDIANAPOLIS 455 Y 2.5 SUN VIEW 16192 SHER 252 Y 2.5 TERRY 7761 TAYLOR 292 Y 5.5 WARDLOW 9191 PIONEER DR 435 Y 2.25 Approximate Park Acreage: 1(4.3 PLAY FACILITYITURF MEDIAN ADDRESS MAP E4OIP, A&k CITY GYM & POOL 1600 Palm Ave 441 N 0.5 CIVIC CENTER 2000 Main St 431 N 5 DOWNTOWN LIBRARY 525 Main St 451 N 2 Landscape Maintenance at Various Locations: Exhibit A FACIL`1TY1(URFM�DIAN , ADDRESS - MAP.. - r; EQUIP` �ACR�S GOLDEN WEST MEDIAN Yorktown South to PCH C N 2.5 MAIN ST MEDIAN Yorktown South to Adams D N 2 NEWLAND BARN 19822 Beach Blvd 433 N 1 PIER PLAZA Pier North to 6th St. 461 N 1 SENIOR CENTER 1718 Orange Ave 349 N 5 Approximate Facility/Turf Median Acreage: 19 Total Approximate Acreage: 193.3 vv Client#: 417154 MILIUKLAN ACORD,,, CERTIFICATE OF LIABILITY INSURANCE 10/YYY) 20/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI of Southern California SC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic # 0351162 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 29A Technology Drive Irvine, CA 92618 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA. Golden Eagle Insurance Corporat 10836 Midi Landscape, Inc. INSURER B 3231 South Main Street INSURER C: Santa Ana, CA 92707 INSURER D. INSURER E. rnVIPRGrRFC 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 WITH 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N I NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDDIYY POLICY EXPIRATION DATE M @DIYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 51OCCUR CBP8672034 06101/10 06/01/11 EACH OCCURRENCE S1000000 DAMETO RENTED n S50OOO MED EXP IAny one person) $rj 000 PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE s2,000,000 GEMLAGGREGATE LIMIT APPLIES PER X1 POi PRO- LOC JECT PRODUCTS - COMP/OP AGG s2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS BA8672234 APPROVED AS TO JENNIFER McGRATH, I (_c By Paul D� l san&o Assistant City Attorn 06/01/10 FORM City Attorney 11217"/ 06/01/11 /L2 COMBINED SINGLE LIMIT (Ea accident) $1 000,000 s X BODILY INJURY (Per person) $ X BODILY INJURY (Peraccidenq $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG S S EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE S AGGREGATE $ S $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? Des, describe under SPECIAL PROVISIONS below WC STATU- OTH- TORY LIMITS E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT 1 $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 'Supplemental Name'* Midori Gardens The City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers are named as additional insureds with respects to General Liability and Automobile Liability. General Liability Insurance coverage shall be primary insurance as respects the City, its agents, officers, and employees. 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, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE ogkac-' ACORD 25 (2001108) 1 of 2 #S4921149/M4446040 jii 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #S4921149/M4446040 POLICY NUMBER: CBP8672034 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following. - COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): I Location(s) Of Covered Operations The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. I Information required to complete this Schedule. if not shown above, will be shown in the Declarations. A. Section 11 — 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) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment 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 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc.. 2004 Page 1 of 1 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to provision a. Primary Insurance of paragraph 4. Other Insurance under SECTION IV — COMMERCIAL GENERAL. LIABILITY CONDITIONS: However, when an additional insured has been added to this Coverage Part by attachment of an endorsement, we will not seek contribution from the "additional insured's own insurance" provided that: (1) You and the additional insured have agreed in a written contract that this insurance is primary and non- contributory; and (2) The "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the execution of such contract, B. For the purposes of this endorsement the following is added to SECTION V — DEFINITIONS: "Additional insureds own insurance" means other insurance for which the additional insured is designated as a Named Insured. Includes copyrighted material of Insurance Set -vices OlTice, Inc.. "ith its permission. 22-111 (01/07) Page 1 of 1 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION it - LIABILITY COVERAGE A. COVERAGE I. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if. (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property -damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) the permit has been issued to you. GECA 701 (01107) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 1 of 4 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 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. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: S. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in anyone "accident" is the smallest of-, (1) $50,000 (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. If you are liable for the "accident", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "autol'. c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning, d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver_ 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". 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 a 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. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". GECA 701(QI/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 2 of 4 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. 7. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss avid the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for `loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c does not apply to: (1) 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'; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. _ D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 701(01/n Includes copyrighted material of Insurance Services Q1Ticts, rnc. with its permission Page 3 of 4 SECTION Iv. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: ' 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss, The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9, is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.1b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. GECA 701 (01107) Includes copyrighted material of insurance Services Offices, Inc. with its permission Page 4 of 4 ACORD CERTIFICATE ®F LIABILITY INSU NCE 10/15/20 ' PRODUCER (661) 284-1708 FAX- (661) 254-5875 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION James G Parker Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #0554959 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 27200 Tourney Rd #350 Valencia CA 91355 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA, Star Insurance Company 18023 Midori Gardens Inc INSURER B 3231 Main St INSURER C INSURER D: Santa Ana CA 92707 INSURER E rnvGoenFc 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 WITH 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, GGREGATE LIMITS H MAY HAVE BEE REDUCED BY PAID IM INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY DATE (MM DD/TYIYE POLICY MM%DD/YY EXPIRATION LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR EACH OCCURRENCE $AGE PREM SESO R oc ence , $ MED EXP (Any one arson) $ .PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER PRO LOC POLICY JECT PRODUCTS - COMP/OP A G $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS APPROVED AS TO F JENNIF//ER MCGRATH Q•'✓L Bar Paul D essandro Assistant City Attorney DRM City Attorney l d � Loy e COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY AGG $ $ EXCESSIUMBRELLA LIABILITY OCCUR F1 CLAIMS MADE DEDUCTIBLE RETENTION EACH OCCURRENCE $ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEWMEMSEREXCLUDED? If yes, describe under SPECIAL PROVISIONS low wc045330601 6/1/2010 6/1/2011 X . WC STA1U- OTH- IT E L. EACH ACCIDENT S 1,000,000 E.L DISEASE - EA EMPLOYEE$ 1,000,000 EL DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *Ten day notice of cancellation IF cancelled for non payment of premium. RE: 2008-63 (714)375-5099 djubinsky@surcity-hb.org City of Huntington Beach Park & Landscape Maintenance 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESENTATIVE James Parker III/KFLO`? ACORD 25 (2001108) INS025 (0106).0aa © ACORD CORPORATION 1988 Page 1 of 2 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Huntington Beach, Park & Landscape Landscape maintenance Maintenance to the extent required by contract between the named insured and City of Huntington Job Location: Various parks throughout the city Beach, Park & Maintenance Landscape, provided the contract was executed before the time of loss. Estimated Number of Employees: 8 City of Huntington Beach Park & Landscape Maintenance 2000 Main Street Huntington Beach, CA 92648 Length of Job: 11/1/2010 to 6/1/2011 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 11/01/2010 (DATE) Policy No. WC 0453306 of the Star Insurance Company issued to Midori Gardens, Inc. Premium (if any) $ 100 WC 252 (4-84) WC 04 03 06 (Ed. 4-84) at 12:01 A.M. standard time, forms a part of Endorsement No. 7 (NAME OF INSURANCE COMPANY) Authorized Representative Page 1 of 1 CONTRACT PREPARATION FORM To Be Submitted with Request for Legal Services (RLS) 1. Staff Contact: Debra Jubinsky, Extension: 5321, Dept.: Public Works 2. Name of contracting party: Midori Gardens, Inc. 3. Contractor's Contact: Name: Al Gamatero, Title: Controller Name of Firm: Midori Gardens, Inc. Street Address: 3231 S. Main St. City, State and Zip Code: Santa Ana, CA, 92707 Telephone: J714)751:8792 4. Capacity of contracting party? (check one): a. ❑ Sole Proprietor Owner Signs b. ❑ General Partnership General Partner c. ❑ Limited Partnership General or Managing Partner d. ❑ Limited Liability Partnership General Partner e. ❑ Trust Trustee w/trust document evidencing authority to sell f. ❑ Limited Liability Company 2 officers must sign. 1 officer from A and 1 from B Column g. ® Corporation 2 officers must sign. 1 officer from A and 1 from B Column Column A Chairman of the Board President Any Vice -President 4a. CA State of Corporation Secretary Any Assistant Secretary Chief Financial Officer Any Assistant Treasurer If the Corporation cannot provide the above signatures, it may have one officer sign only if an authorizing resolution from the Board of Directors is provided. 5. Who will sign the agreement? (See #4 above): Name: Naga Hamamoto Title: President Name: Al Gamatero Title: Chief Financial Officer 6. Purpose of this Agreement/Scope of Services: (Attach City's RFP and/or contractor's proposal). Park and Landscape Maintenance 7. Funding: ® City Funded ❑ State Funded ❑ Federally Funded Documentl 1 of 2 10/18/2010 5:31:00 PM CONTRACT PREPARATION FORM To Be Submitted with Request for Legal Services (RLS) 8. Duration of the project? (Give number): Days, _ Months, 1 Years. 9. Compensation? (How much): Not to exceed $610,000 annually. 10. Professional Services: Have the procurement Ordinances, H.B.M.C. Sections 3.02 and 3.03, et seq., and Charter Sections 613 and 614 been complied with? (Be sure to discuss the Request for Council Action, what steps were taken to solicit proposal): Click Here To Select Response, Narrative: 11. Liquidated Damages: $0 per day for each day delayed. 12. Does the contract require the payment of monies to the City? No. If yes, have copies of this request been forwarded to the City Treasurer and the Director of Finance? Click Here To Select Response. 13. Does the contract require a waiver of insurance or modifications of the minimum indemnification requirements? No. If yes, have copies of this request been forwarded to the Risk Manager and the City Attorney? Click Here To Select Response With this form, please provide prior executed contract(s) and any amendments and name of attorney who handled previous assignment. IMPORTANT NOTICE Any exhibits must be submitted with the Request for Legal Services (i.e., scope of work and rate/fee schedule). All required bonds, certificates of insurance approved by the City Attorney's Office and/or waiver documents must accompany the contract when submitted for final signature. Document1 2 of 2 10/18/2010 5:31:00 PM CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 1 90 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan FIVnn To: Office of City Clerk, City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Date: November 3, 2010 Project/C.C. No.: MSC 473 Regarding: Contract for Landscape Maintenance Service ® We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Contract Item # Copies Pages Description 1 1 91 Original, signed contract 2 1 10 Approved Insurance Certificates 3 1 2 Contract Preparation Form These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ® For your use ❑ Approved as noted ® For your action ❑ Returned for corrections ❑ For review/comment c: file ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ Other: By: Debra Jubinsky, W6r Administ ' e Analyst Phone: 714-374-5321 GAMAINTENANCE DIVISION\CITYYARD\MSC FILES\MSC PROJECTS\400'S\MSC 473 LANDSCAPE CoNrxACr\CONTRACT TRANSMITPAL.DOC