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HomeMy WebLinkAboutMerchants Landscape Services, Inc. - 2013-09-30MAINTENANCE SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND _MERCHANTS LANDSCAPE SERVICES, INC FOR CENTRAL PARK MAINTENANCE SERVICES 12-13, MSC-490 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, Merchants Landscape Services, Inc, a California corporation, hereinafter referred to as "CONTRACTOR" WHEREAS, CITY has solicited bids for services, hereinafter referred to as "PROJECT," generally described as Central Park maintenance services within the City of Huntington Beach and more specifically described in the Bid Documents and Specifications Central Park Maintenance Services 12-13, MSC-490, 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 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 CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar 13-3892/100622 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 ansing 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 other risks of any description connection with the work, including, but not limited to, all expenses 2 13-3892/100622 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 Two Hundred Twenty -Two Thousand Dollars per year ($222,000) 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 on October 1, 2013, and shall diligently prosecute PROJECT to completion, excluding delays provided for in this Agreement 6 TERM OF AGREEMENT The term of this Agreement shall be five (5) years, unless CITY exercises its option to renew as set forth herein 3 13-3892/100622 Unless prohibited by statute or ordinance, in its discretion CITY may renew this Agreement for an additional two (2) 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 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 terminate this Agreement Unless the violation is cured within ten (10) days after such 4 13-3892/100622 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 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 5 13-3892/100622 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 (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or 6 13-3892/100622 (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 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 7 13-3892/100622 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, ansing 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 and attorney's fees incurred by CITY in enforcing this obligation This indemnity shall apply to all 8 13-3892/100622 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 ansmg 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 products/completed operations liability and blanket contractual liability, of One Million Dollars 9 13-3892/100622 ($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 CONTRACTOR's 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 mdemmfication obligations as set forth under this Agreement CITY or its representative shall at all times have the right to demand the 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. 10 13-3892/100622 CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's 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 financial interest in this Agreement in violation of California Government Code sections 1090 et seq 11 13-3892/100622 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 1n writing by such party FOR CITY FOR CONTRACTOR Maintenance Operations Manager Martin Herrera, Regional Manager City of Huntington Beach Merchants Landscape Services, Inc 2000 Main Street 1510 S Lyon Street Huntington Beach, CA 92648 Santa Ana, CA 92705 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 ansmg out of this Agreement 27 RESERVED 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 12 13-3892/100622 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.0 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 REST OF PAGE INTENTIONALLY LEFT BLANK 13 13-3892/100622 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 �D CONTRACTOR CITY OF HUNTINGTON BEACH, a MERCHANTS LANDSCAPE SERVICES, municipal corporation of the State of INC. California Bt-- 44" Brower, President M P4-1K AND By, D Donna Brower, Chief Financial Officer Director of Public orks REV /AWED A D APPROVED. Director of Finance (HBMC §3 02 050(b)) REVIE APPROVED. APPROVED AS TO FORM: If C y anager k:4Attorney . a -a- • � �3 �z � I � 13 � Recei and File CX_x City Clerk 0�6 Wcc U . o i N 14 13-3892/100622 MSC-490 Central Park Maintenance Services Exhibit A BID DOCUMENTS AND SPECIFICATIONS for CENTRAL PARK MAINTENANCE SERVICES, MSC-490 in the CITY OF HUNTINGTON BEACH TABLE OF CONTENTS Central Park Maintenance Services, MSC 490 SECTION Section A Invitation to Bid. Section B Instructions to Bidders Section C Proposal. . Specifications Exhibits TAB/PAGES p1 61 — B4 p Cl — C10 Specifications, p 1 - 21 Exhibits A through F MSC-490 Central Park Maintenance Services Exhibit A SECTION A INVITATION TO BID CENTRAL PARK MAINTENANCE SERVICES, MSC 490 NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated maintenance services and will receive such bids in the office of FINANCE -PURCHASING, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on MAY 16, 2013 The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders Pre -Bid Meeting A mandatory pre -bid meeting will be held on THURSDAY, APRIL 25, 2013 at 10 00 a m , for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site(s) Pre -bid meeting will be held at City of Huntington Beach Corporation Yard, 17371 Gothard Street, Administration Building A, Huntington Beach, CA 92647 Sign -in will be required to verify attendance Project Description The project consists of specified landscape maintenance tasks at Huntington Beach Central Park, which consists of 120 landscaped acres Tasks include but are not limited to weekly grounds maintenance, irrigation systems maintenance, trash removal, chemical application, and playground maintenance to be performed on a pre -determined schedule at regular intervals Proposal Guarantee: The bid must be accompanied by a bidder's bond, certified check, or cashier's check made payable to the AGENCY for an amount no less than 10% of the amount bid The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days SECTION B Central Park Maintenance Services 12-13, MSC 490 INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the bid proposal forms provided by the AGENCY All information requested therein must be clearly and legibly set forth in the manner and form indicated The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with Finance -Purchasing Department, City Hall, 2000 Main Street, Huntington Beach, CA 92648 and shall be endorsed with the Project Title as it appears below Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection The complete proposal forms shall be without interlineations, alterations or erasures Alternative proposals will not be considered unless requested No oral, telegraphic, telephonic, or modifications will be considered Electronic proposals may be specifically authorized and required by AGENCY The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal Any proposal not accompanied by such a guarantee will not be considered Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given, if it is made by a firm, it shall be signed with the co -partnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given, and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given 4. Delivery of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside "SEALED BID" ATTN: FINANCE DEPT.--PURCHASING For Central Park Maintenance Services 12-13, MSC 490 CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Im MSC-490 Central Park Maintenance Services Exhibit A Proposals may be mailed or delivered by messenger However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY'S designated official prior to the deadline hour stipulated in the Invitation to Bid Late proposals will not be considered 6. Return of Proposal Guarantees The proposal -guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable 7. Prevailing Wage This contract provides for a maintenance and service activity that is of municipal concern As such, it is not subject to the payment of prevailing wages 8. Disqualification of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal per project, all such proposals will be rejected and the bidder will be disqualified If there is reason for believing that collusion exists among any or all of the bidders, any or all proposals may be rejected Proposals in which the prices are obviously unbalanced may be rejected 9. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the classification C271n accordance with the provisions of Public Contract Code Section 10164, and a copy of the license must be included with bid proposal 10. References All reference information called for in the bid proposal must be submitted with the bid proposal 11. Subcontractors No subcontractors shall be used for any portion of this contract 12. Discrepancies and Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or AM should he be in doubt as to their meaning, he shall notify the AGENCY in writing not later than five (5) working days prior to Bid deadline. Should it be found necessary, a written addendum will be sent to all bidders and/or posted on the City's website Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination No verbal agreement or conversation with any officer, agent or employee of the City either before or after the execution of this contract shall effect or modify any of the terms or obligations herein contained 13. Equivalent Materials Requests for the use of equivalents to those specified must be submitted to the AGENCY ten (10) working days prior to the need of such materials Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent 14. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith This contract provides for a maintenance and service activity that is of municipal concern As such, it is not subject to the payment of prevailing wages 15. Award of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated 16. Term of Agreement The term of this agreement shall be five (5) years The contract may be renewed by mutual agreement of both parties for one (1) additional two-year (2-year) term City does not have to give reason if it elects not to renew If City and contractor are unable to agree on a mutually acceptable contract, the agreement shall be terminated Contractor, in addition to the annual contract price, may request a cost of living increase, if any This cost of living increase shall be based on the percentage of increase in the Los Angeles - Orange -Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area from March to March of the preceding twelve (12) months, not to exceed 3 5% On or before April 30 following one full year of service, and on or before April 30 of each year thereafter during the term of this Agreement, Contractor may request in writing from City a cost of living increase, if any, and the additional amount, of money requested by Contractor Such increase shall be effective for the period of October 1 through the following September 30 If the additional amount of money requested is acceptable to City, City shall pay such M MSC-490 Central Park Maintenance Services Exhibit A additional compensation to Contractor commencing with the October billing period of the effective year. Contractor shall be entitled to only one such cost of living adjustment per year as provided above, and this adjustment shall be full compensation to Contractor for all costs and expenses, of whatever type or nature and shall become the new annual contract price 17. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. 18. Execution of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all required insurance within 10 working days from the date of the award Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY The work may then be re -advertised 19. Submission of Insurance The successful bidder will be required to furnish the necessary +nsurance to the AGENCY within 10 working days from the award of contract Prior to the execution of the contract, the successful bidder's insurance company must furnish AGENCY with Certificates and Policy Endorsements naming the AGENCY as an additional insured using wording and form specified in AGENCY's Insurance Requirements document 20. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY 21. Bid Protest To be considered timely, a bid protest must be filed within the following time limits (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY INTENTIONALLY BLANK MSC-490 Central Park Maintenance Services SECTION C Exhibit A PROPOSAL for the Central Park Maintenance Services 92-13, MSC 490 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Instructions to Bidders, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the documents and specifications on file in the Finance -Purchasing office of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the Maintenance Operations Manager of the City of Huntington Beach, and to enter into a contract at the following prices. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, histtuctions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find PADDt Q in the amount of $ 02, which said amount is not less than 10% of the aggregate of the total bid price, as required by the Instructions to Bidders, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-1 (MSC-490) Services Exhibit A C-2 (MSC-490) MSC-490 Central Park Maintenance Services PROJECT BID SCHEDULE Exhibit City of Huntington Beach Central Park Maintenance Services, MSC-490 Base Bid Items: _ item �Io.. -. _Amount ,. ° • _ , _ -item � d, • ; i Provide Landscape Maintenance Services per specifications and exhibits - MONTHLY COST 18 500.00 1B Provide Landscape Maintenance Services per BASE BID specifications and exhibits --ANNUAL COST 222,000.00 TOTAL AMOUNT OF BASE BID IN FIGURES $ 222,000.00 TOTAL AMOUNT OF BASE BID IN WORDS Two hundred twenty two thousand dollars The base bid item will be used for comparison of bids and to determine the lowest bidder. Additive bid items may be awarded at the discretion of the AGENCY. Additive Bid Items: Item No. item Bid Amount A 1 Empty Trash Cans on Weekday — price per can/per $ 1.00 empty-- C-3 (MSC-490) MSC-490 Central Park Maintenance Services Exhibit A CENTRAL PARK Park Area: 1.20 acres; 5,227,200 square feet FREQUENCY MONTHLY FREQUENCY MONTHLY FUNCTION OTY OPTION A COST OPTION B COST I per week 150.00 EMPTY TRASH CANS l I l Sunda on NA GROUNDS MAINTENANCE TURF MAINTENANCE Weekly 12,050.00 Biweekly 9,500.00 2,750.00 1,925.00 CLIPPING REMOVAL Weekly Biweekly J2,415.00 1,900.00 LITTER REMOVAL Weekly Biweekly PLAYGROUNDSAND 105.00 CLEANING Weekly NA 4500 ROTOTILLING 6X per year NA CHEMICAL APPLICATION EDGE TURF ARBAS 6X r year 120.00 3X per year 75.00 PRE -EMERGENCE 115.00 85.00 PLANTER BEDS 2X per year I X per year AERATE & FERTILIZE 375.00 19000 FERTILIZE TURF 5X per year 2X per year 8500 1>< FERTILIZE PLANTERS IX per year NA AERATE TURF 90.00 50.00 PLUG TYPE 5X per year 2X per year VERTICAL MOW 100.00 RENOVATION 1X per year NA 100.00 WOOD CHIP PLANTERS I pr year NA MONTHLY ANNUAL GRAND TOTAL [18500.00 222,000.00 OPTION A ' MONTHLY ANNUAL GRAND TOTAL Ll,725.00 164,700.00 OPTION B C-4 (MSC490) MSC-490 Central Park Maintenance Services Exhibit A NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDE2. AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 5-16-13, at Santa Ana , CA Date City State _Mark Brower , being first duly sworn, deposes and says that he or she is President of Merchants Landscape Services, Inc 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; slid, fin-thei, that the bidder has not, directly or indirectly, submitted his or her bid price or airy 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, Merchants Landscape Services, Inc Name of Bidder Signature of Bidder 1510 S Lyon St, Santa Ana, CA 92705 Address of Bidder C-5 (MSC-490) MSC-490 Central Park Maintenance Services Exhibit A FUTILITY AGREEMENT 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 City of Huntington Beach Central Park Maintenance Services, MSC- 490, (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 fatniliar with the operation to be pe? formed 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 shalt 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. Merchants Landscape Services, Inc Contractor Mark BroweBy President Title Date: May 16, 2013 C-G (MSC-490) MSC-490 Central Park Maintenance Services Exhibit A DISQUALIFICATION QUESTIONNAIRE 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: This questiomiaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 (MSC-490) MSC-490 Central Park Maintenance Services Exhibit A COMPENSATION INSURANCE CERTIFICATE 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. Date; May 16, 2013 Merchants Landscape Services, Inc Contractor Mark Browe By President Title C-8 (MSC-490) MSC-490 Central Park Maintenance Services Exhibit A BIDDER'S MFORMATION BIDDER certifies that the following information is true and correct: Merchants Landscape Services, Inc Bidder Name 1510 S. Lyon St Business Address Santa Ana CA 92705 City, State Zip ( 714 ) 972-8200 Telephone Number 765658 C27 State Contractor's License No. and Class 7-13-99 Original Date Issued 7-31-13 Expiration Date The work site was inspected by Martin Herrera of our office on April 9th & 25th , 2013. The following are persons, firms, and corporations having a principal interest in this proposal: Mark Brower, President C-9 (MSC-490) MSC-490 Central Park Maintenance Services Exhibit A 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. Merchants Landscape Services, Inc Company Name Signature of Mark Brower, President Printed or Typed Signature Subscribed and sworn to before me this 16thday of May , 2013 . NOTARY PUBLIC See attached acknowledgment NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: j, See attached reference list Name and Address of Public Agency Name and Telephone No, of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 (MSC-490) MSC-490 Central Park Maintenance Services Exhibit A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of I lAyl On before me, U �✓ Date Here Insert NamV and Title of a officer personally appeared NADINURODRIGUEZ- Commissfon s 1974930 i Notary PuNc - Caftn*s OmoP Count! Comm. Es iras r 13.2MOUlf CML CODE § 1189 who proved to me on the basis of satisfactory evidence to be the personal whose name( is/am subscribed to the within instrument and acknowledged to me that he/sld/tbey executed the same in his/or/thior authorized capacity(w9), and that by his/W!tWr signatures on the Instrument the person(sfi, 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 hand and official seal Signature 1fii_v�00&(Z241 Place Notary Seal Above Signature of Notary Dkilic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document / Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name 0 Corporate Officer — Title(s) 0 Individual 0 Partner — 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conse or 0 Other Representing Sig Number Officer — Title(s) 0 Individual 0 Partner — 0 Limited 0 General Top of thumb here 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other Signer Is Representing v zutu Nationai Notary Association - NationaiNotaryorg 1-800-US NOTARY (1-800-876-6827) Item #5907 nncr_non rnnt-1 D—le r%A—ntenn—n Cn—n5 Exhibit A MERCHANTS LANDSCAPE SERVICES, INC. CITY OF IRVINE P 0 Box 19575 Irvine, CA 92623 Contact Adel De La Paz Phone (949) 724-7619 Project Completion On going to 2014 Project size in $ $4,000,000/year City Parks & Sports Parks, Village of Turtle Rock & Great Park CITY OF YORBA LINDA 4845 Casa Loma Ave Yorba Linda, CA 92886 Contact Bruce Carleton Phone (714) 961-7170 Project Completion On going to 2015 Project size in $-420,000 00 City Parks References ORANGE COUNTY REGIONAL PARKS Mile Square, Laguna Niguel, Irvine, Mason,Craig, Yorba 1770 N Broadway Santa Ana, CA 92706 Contact Jeffery Miller Phone (949) 923-3767 Project Completion On going to 2016 Project Size in $ $1,200,000/yr CITY OF ORANGE 230 E Chapman Orange, CA 92866 Contact Dana Robertson Phone (714) 744-7283 Project Completion On going to 2016 Project size in $ $750,000/year All City Parks & Assessments Districts MSC-490 Central Park Maintenance Services Exhibit A State Of California qrw�h-' oONTRACTORS STATE LICENSE BOARD .}. 4 onsnmer ACTIVE LICENSE Affairs m• 766666 ftiy CORP MERCHANTS LANDSCAPE SERVICES ' INC gasi6ca6m(s) C27 m,on D,* 07/3112013 www.csibca.gov rm , MSC-490 Central Park Maintenance Services Exhibit A merchants COMPANY PROFILE Merchants Landscape Services is a full service landscape maintenance contractor, which currently operates Five Regional offices in Southern California. Merchants Landscape Services corporate headquarters is located in Santa Ana. Merchants Landscape is the largest provider of municipal landscape maintenance in Southern California. This growth was accomplished without a marketing department or acquisitions. MLS's corporate philosophy is based on service and client retention. Our Sun Valley branch service's LA and Ventura counties, the Santa Ana and Irvine branch's Orange County, the Rancho Cucamonga branch and our Palm Springs branch service's Riverside and San Bemardmo counties. Merchants Landscape Services has over 350 employees and maintains a fleet of over 200 trucks and trailers Company annual sales will exceed $16,000,000 00 this year We have hundreds of accounts encompassing a wide range of maintenance clients. These include national Hotels, Regional Shopping centers, HOA's and commercial centers in every county. Also included are large regional Hospitals, school districts, and County contracts However, nearly 95% of the company's revenue is generated from municipality landscape maintenance contracts Merchants Landscape Services is currently servicing the cities of Palm Springs Ontario Anaheim Irvine Orange Pasadena Yorba Linda San Juan Capistrano Sierra Madre County of Orange Moreno Valley Manhattan Beach Riverside Merchants welcomes any interested future clients to contact any of our current clients regarding Merchants services. Merchants Landscape Services is 1 of only 2 landscape maintenance companies in California that are self -insured for workers compensation insurance. Allowing Merchants to mamtain a lower cost of operation and provide our clients with very competitive pricing. The contact lead person for The City of Huntington Beach will be the Regional Manager Martin Herrera, martin@merchantslandscape.com. The office is located at 1510 S. Lyon St, Santa Ana, CA. 92705; Office # (800) 645-4881, Fax # (714) 972-3185. 1510 South Lyon Street • Santa Ana • CA 92705 • Tel (800) 645-4881 • Fax (714) 972-3185 CA Lic 765658 merchants landscape Qualifications of Bidder/Past Experience inc. MSC-490 Central Park Maintenance Services Exhibit A Merchants Landscape Services is the largest provider of municipal landscape maintenance in Southern California We currently have under long-term municipal contracts over $1,000,000,000 a month in such maintenance Recently the City of Anaheim decided to privatize the landscape maintenance for its 55 park system. After much due diligence Anaheim selected Merchants Landscape to be the long term maintenance contractor for the majority of these parks Our excellent reputation and extensive client list attests to our commitment to providing the highest quality municipal landscape maintenance in the industry City of Irvine- Merchants is in year 2 on a 6 year contract to provide complete landscape maintenance for all sports parks, parks and facilities Merchants provides 7 day a week service for 23 parks totaling over 240 acres, 34 soccer fields,43 ball fields, which are prepped daily by Merchants crews, and servicing 546 trash cans daily. Our service also includes major monthly and annual renovation work, including monthly aerations varying from hollow tine, solid tine,vertrdrain etc Annually we install over 200,000 sq ft of sod and completely renovate all turf areas. The City of Irvine spends over $3,000,000 00/year with Merchants to maintain their park system City of Ontario -Merchants has provided the landscape maintenance in Ontario for past 5 years and was recently awarded a new 5 year contract We maintain facilities, medians, parkways and parks, totaling over 200 acres, including all trash cans, restrooms and playgrounds daily County of Orange -Merchants successfully started the maintenance of following Regional Parks on 9/1/11; Mile Square, Irvine, Mason, Yorba and Laguna Niguel, totaling over 800 acres Merchants Landscape also possesses an extensive inventory of landscape equipment. As the attached equipment inventory illustrates we own a very diverse and specialized equipment inventory. Having numerous tractors, renovators, aerators, dethatchers, slit -seeders, vacuums, top dressers and state of the art mowers like the new Toro Reel master 5510 Simply, municipal maintenance is what Merchants Landscape was built on and continues to grow with Our total staff is committed to it and thrives on the challenge every day 1510 South Lyon Street • Santa Ana • CA 92705 • Tel (800) 645-4881 • Fax (714) 972-3185 CA Lic 765658 MSC-490 Central Park Maintenance Services Exhibit A MERCHANTS LANDSCAPE SERVICES ORGANIZATIONAL CHART PRESIDENT Mark Brower Admtnistrata Southern Regional Northem Regional Manager Manager Martin Herrera Patnck Healy Santa Ana Irvine Los Angeles Rancho Cucamonga Patin Springs Branch Manager Branch Manager Branch Manager Pomona Branch Branch Manager Vicente Ybarra Edgar Valdovmos Victor Soriano Yvonne Garcia Mike Kartchner Area Manager Area Manager Area Manager Area Manager Area Manager Area Manager Area MenaBer Area Manager Area Manager Mel Martinez Cesar Delgado Pauimo Ale10 Juan Galdmo Noel Manzo IaviP.r Rndnm,P7 Vostok Bernal Fred Man.. Francisco Valdez 15 q 12 9 g 8 9 Area Manager Foreman Foreman Foreman Foreman Foreman Foreman Foreman Foreman Albert Contreras 1 40 27 36 22 26 28 27 Foremen Laborers Laborers Laborers Laborers Laborers Laborers 31 3 2 Foreman 14 7 Laborers Laborers MSC-490 Central Park Maintenance Services Exhibit A GENERAL SPECIFICATIONS FOR PARK AND LANDSCAPE MAINTENANCE FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA Work Schedule a The Contractor shall deliver to the City a complete park and landscape maintenance weekly work schedule along with the size of work crew and equipment summary sheet, prior to start of the maintenance contract b The City retains the right to have certain work sites maintained on certain days c Contractor is expected to have the same maintenance work crew assigned to its work sites at all times on a continuous basis d Contractor at no time shall leave a work site to complete another site or project, without having completed the work assignment for that day e All scheduled weekly/brweekly tasks must be completed in one service visit 2 Emergency Services The Contractor shall provide the City with the names and telephone numbers of at least two (2) qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present Such work will be performed and is considered part of contract The City shall call for such assistance only in the event of a genuine and substantial emergency The Contractor shall provide emergency call out personnel, which will respond to the work site within one hour of call from City Emergency services and call outs are part of this contract Failure to respond to emergency call out resulting in the dispatch of city response personnel will result in a $75 00 per hour call out fee with a two-hour minimum 3 Working Time Limits All work specked shall be performed between the hours of 7 00 a m and 5 00 p m , and between the days of Monday and Friday, or as directed by the Maintenance Operations Manager or designee 6 Improvements The Contractor or third party may do construction of sidewalks, turf areas, play equipment, and irrigation system installations, when requested by the City Such work shall be considered as extra work and shall be paid for as specked 7 Qualifications of Contractor In order to be eligible to enter into this contract with the City, the bidder shall Central Park Maintenance Services MSC 490 INTENTIONALLY BLANK MSC-490 Central Park Maintenance Services Exhibit A a Have been engaged successfully in the maintenance of automated/computenzed irrigation systems, trees, shrubs, ground cover, turf areas and pest management services for a period of at least five (5) years at the time of the awarding of this contract b Agree to employ an English-speaking crewleader on a regular basis to supervise the work at the landscape sites c Be recognized by the City as well qualified to perform park and landscape maintenance on the basis of experience, expertise, equipment and financial stability d Contractor must have worked for a Public Agency on at least six (6) current landscape contracts for landscape maintenance, three (3) of which bust be of relatively similar size, level of service and cost as this specific work or greater than this project e The following must be supplied by contractor i Contractor must have a valid California C-27 license n 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 ui 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 Arbonst for written recommendations v Contractor must have radio or telephone communications between office and field personnel vi Contractor must have 24-hour answering service vu 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 vill Employees must wear orange or similar fluorescent colored, high -contrast reflective shirts or vests for safety purposes, and uniforms identified with company name ix Contractor must obtain and keep current a City Business License x Contractor must have vehicles marked with name and telephone number of Company Vehicles must be in good repair and painted a uniform color When on duty in City, vehicle must display a sign with the message °Under Contract to City of Huntington Beach " 2 Central Park Maintenance Services MSC 490 xi Contractor must maintain insurance as required by City during term of contract. Contractor must provide the following organizational information i Organization Chart inclusive of executives and descending to on -site crewleader ii Brief description of company personnel and training procedures iii The Contractor shall provide a qualified, English speaking crewleader or supervisor to oversee the work force A listing of guaranteed size of work force by job classification shall be provided to the City pnor to beginning work iv The Contractor shall provide schedule of hourly rates for all job classifications to be used for determining cost of extras 8 Public Safety Where public safety is affected, the Contractor shall make immediate equipment repairs or removals of landscape and irrigation material and shall report such repairs or removals within 24-hours to the Maintenance Operations Manager or designee 9 Loss a City -owned property whether real or personal, which is damaged or destroyed through vandalism or fire or which disappears through an unknown source and is repaired or replaced by the contractor after prior approval by the Maintenance Operations Manager or designee shall be part of contract b Where public safety is affected, the Contractor shall make immediate equipment repairs or removals and shall report such repairs or removals within 24- hours to the Maintenance Operations Manager or designee 10 On -Site Storage The storage of tools, equipment or materials within the project area, public right-of-way or easements is prohibited 11 Personal Attire and Equipment a The Contractor shall require each of his employees to adhere to basic Public Works standards of working attire This includes uniforms with company identifier, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing Shirts shall be worn at all times, buttoned and tucked in Blue uniforms are not acceptable b Contractor shall display the name of his firm on any vehicles used by the Contractor's employees to cant' personnel, supplies and equipment The firm 3 Central Park Maintenance Services MSC 490 MSC-490 Central Park Maintenance Services Exhibit A name shall be in letters large enough to be easily legible from a distance of one - hundred (100) feet c All contractor trucks and other vehicles shall be uniform in color scheme and paint. All vehicles and equipment shall be in good condition and appearance 12 Chemical Control a Contractor shall comply with 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 govem the use of application of chemicals required in the performance of the work. Chemicals shall include but not be limited to fertilizers, herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants and repellents b Contractor shall apply spray chemicals when air currents are motionless preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project All chemical applications shall be recommended and supervised by the Contractor's state licensed Pest Control Advisor The Contractor's state licensed Pest Control Operator shall make application c Contractor shall submit a schedule of work plus name of any chemicals used, outlining date, location and work to be performed, four (4) days prior to the week of work Said schedule shall be submitted to the Maintenance Operations Manager or designate d The Contractor shall provide complete and continuous control and/or eradication of all plant pests or diseases The contractor shall obtain any necessary permits to comply with City, County, State, or Federal regulations or laws prior to commencement of work e Contractor will assume responsibility and liability for the use of all chemical controls Pests and diseases to include, but not limited to, all vertebrates, insects, aphids, mites, invertebrates, pathogens, and nematodes Controls to include necessary use of integrated pest control systems involving the use of life history information and extensive monitonng Control through prevention, cultural practices, pesticide applications, exclusion, natural enemies, biological control and host resistance All'material use shall be in strict accordance and applied within the most current EPA regulations and the California Food and Agncultural Code g City shall be notified prior to the applications of pesticides and other chemicals Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with Maintenance Operations Manager or designee Material use reports of all pesticides and chemicals shall be filed with the city no later than the 10th of every month of the preceding month h Application of Pesticides 4 Central Park Maintenance Services MSC 490 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 ui 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 speck type of material is specified, no substitutions shall be allowed without the written consent of the Maintenance Operations Manager or designee vu 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 vin All areas of the landscape shall be inspected on a weekly basis for infestations of harmful pests such as gophers, rabbits, squirrels, ants, insects, mites, snails and sow bugs Plants shall be observed closely for leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliation, or wilted ix Identify the cause of injury and consult a State of California Certified/Licensed Pest Control Advisor before application of chemical treatments x The State of California Agricultural Code requires that pest control chemicals may be used only after a written recommendation by a State of California 5 Central Park Maintenance Services MSC 490 MSC-490 Central Park Maintenance Services Exhibit A licensed Pest Control Advisor is obtained A recommendation consists of all the applicator should know for an accurate and safe usage 1. The recommendation must be time and site specific 2. Application of all pesticides shall be only by a properly State Licensed Pest Control Operator of a Certified Applicator of Pesticides 3 There shall be no application of a pesticide without written permission of the Maintenance Operations Manager or designee 4 In case a Restricted Use Pesticide is recommended, the City must be in receipt of use permit issued only by the County of Orange Agricultural Commissioner to the Contractor 5 Contractor shall apply spray chemicals when air currents are still, preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project 6 Contractor shall submit a schedule outlining date, location and work to be performed, four (4) days prior to the week of work Said schedule shall be submitted to the Maintenance Operations Manager or designee 13 Coordination Contractor shall coordinate work with the Maintenance Operations Manager or designee to prevent conflict with City programs and activities The Maintenance Operations Manager or designee's office is located at 17371 Gothard Street, Huntington Beach He may be reached by telephone at 714/536-5480 14 Water Conservation a Contractor shall, whenever possible, minimize the use of water during maintenance operations. Watering equipment shall be kept in good working order, water leaks shall be repaired promptly, and washing of equipment, except when necessary for the safety of and for the protection of equipment, shall be discouraged In no case shall the Contractor use water to rinse or flush chemicals of any kind from equipment onto the work site and/or drainage or sewage systems b Contractor shall comply with City of Huntington Beach Storm Water and Urban Runoff Management Municipal Code Chapter 14.25 and with City of Huntington Beach Water Efficient Landscape Municipal Code Chapter 14.52 at all times 15 Sound Control Requirements a Contractor shall comply with all County sound control and noise level rules, regulations and ordinances and with City of Huntington Beach Noise Control Municipal Code Chapter 8 40, which apply to any work performed pursuant to the Contract, and shall make every effort to control any undue noise resulting from the operation 6 Central Park Maintenance Services MSC 490 b Each internal combustion engine used for any purpose on the project or related to the project shall be equipped with a muffler or a type recommended by the manufacturer No internal combustion engine shall be operated on the project without said muffler Said noise level requirement shall apply to all equipment on the project or related to the project including but not limited to trucks, transit mixers, or transient equipment that may or may not be owned by the Contractor The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel. 16 Inclement Weather a During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather b The Contractor shall re -stake and re -tie trees or other such activities as required as a result of inclement weather The Contractor will stay available to assist in any storm related damage repair to sites in this contract c Contractor shall not work or perform any operations during inclement weather that may destroy or damage ground cover or turf areas The Contractor shall contact the Maintenance Operations Manager or designee for the determination of non -operation conditions d The Contractor shall immediately notify the Maintenance Operations Manager or designee when the work force has been removed from the job site due to inclement weather or other reasons 17 Contract Documents Contract documents shall consist of the specifications and exhibits, plans, insurance certificates, the contract and all submittals required 18 Underground Excavations Contractor shall be responsible for locating all underground utility lines to insure the safety of his/her work crew and to protect in place existing utility equipment before commencing any excavation Contractor shall contact the Maintenance Operations Manager or designate and Underground Service Alert (1/800-422-4133) 48 hours before commending any excavation, to locate underground service Imes 19 Plans a One set of reduced planting and irrigation plans for each park are provided as part of the contract documents for the Contractor's general reference The Contractor shall be responsible for verifying in the field, areas, quantities and facilities for accuracy 7 Central Park Maintenance Services MSC 490 MSC-490 Central Park Maintenance Services Exhibit A b Full scale blue line prints of the irrigation and planting plans will be made available to the Contractor upon request, for a fee of $10.00 per set per park (prices subject to change) 20 Exhibits Exhibits consist of Exhibit A through F 21 Air Pollution a. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract and shall not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority b Material to be disposed of shall not be burned 22 Inspection of Work and Deficiency Notice a The City and Contractor's representative shall make weekly inspections of all areas included in the contract The results of each inspection shall be recorded and retained for reference using a Weekly Inspection Sheet (Exhibit A) Thirty-two (32) hours shall be allotted monthly for inspection and contract supervision The Contractor shall compensate the City for all time required for inspection and supervision in excess of the above specified time, providing that The excess time is, in the opinion of the City, required due to an inadequate level of maintenance, The Contractor has been informed of the deficiencies upon completion of weekly inspection, ni The Contractor has faded to correct said deficiencies within seventy-two (72) hours after notifications period Compensation shall be charged at a rate including actual time, mileage and fringe benefit costs incurred by the City iv If specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold payment from the Contractor in an amount specified in the Agreement until services are rendered in accordance with specifications set forth within this document and provided no other arrangements have been made between the Contractor and the City b Notices and penalties for non-performance are set forth as follows' Deficiency Notice (Exhibit C) The Contractor is required to correct deficiencies within the time specified by the City of Huntington Beach If the deficiency is not corrected within the time specked by the City, City forces will be called out to complete the work Such work shall be done on a force account basis with an additional call out charge of $75 00 per hour for each call -out Call -out of City forces during off -hours, resulting from improper programming of sprinkler controllers, will be charged to the Contractor at time 8 Central Park Maintenance Services MSC 490 and a half It also should be noted that there is a minimum two-hour charge for labor on any call -out n Withholding of Payment. Provided work under the Deficiency Notice has not been completed, payment for subject deficiency shall be withheld until deficiency is corrected, without right to retroactive payments iii The Contractor's representative shall contact the City on a regular basis for notification of special maintenance item(s) requiring correction iv The Contractor shall provide a Crewleader and maintenance crew at park and landscape sites weekly during normal working hours as determined by the City SPECIAL PROVISIONS TRAFFIC AND DETOURS Protection and Restoration of Existing Improvements a The Contractor shall relocate, repair, replace or re-establish all existing improvements within the project limits which are not designated for removal (e g , curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements and structures) which are damaged or removed as a result of his operations b Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements c Relocations, repairs, replacements or re -establishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified d All cost to the Contractor for protecting, removing, restoring, repairing, replacing, or re-establishing existing improvements shall be included in the bid in other items of work unless otherwise specified. 2 Public Conveniences and Safety (Traffic and Access) a. All traffic control shall be in accordance with the latest editions of the following documentation Caltrans Manual on Uniform Traffic Control Devices (MUTCD), Sign Specifications, Standard Plans, Standard Specifications, American Public Works Association Southern California Chapter — Work Area Traffic Control Handbook b The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the work area He shall also post proper signs to notify the public regarding detours and conditions of the roadway 9 Central Park Maintenance Services MSC 490 MSC-490 Central Park Maintenance Services Exhibit A c The Contractor shall provide to the Maintenance Operations Manager or designee a telephone number at which the Contractor's representatives can be reached, at any hour, should an emergency occur requiring replacement or relocation of the required traffic control devices d Prior to the start of any construction, the Contractor shall inform the AGENCY's Police and Fire departments of the project location, approximate start date, completion date, and the name and telephone number of Contractor representatives who may be contacted at any hour in the event of an emergency I. POLICE DEPARTMENT Watch Commander @ 714/960-8809 u FIRE DEPARTMENT Battalion Chief/Development @ 714/536-5411 e Information signs shall be required on all arterial streets one week prior to beginning of roadway construction projects The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices g Contractor shall require that all personnel who are working the project site wear an approved safety vest Any worker without a vest may be ordered off the job until such apparel is acquired Questions as to approved vests shall be directed to the Maintenance Operations Manager or designee h Prior to the beginning of work, the Contractor shall execute the construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the work involved with a minimum of inconvenience to the motoring public Removing the existing striping shall delineate any relocation of travel lanes longer than three calendar days and legends by wet sandblasting and placing new striping and legends as required Upon completion of the work and the restoration of the road surface to its final condition, the Contractor shall remove temporary striping by wet sand blasting If the traffic cones or portable delineators are damaged, displaced or are not in an upright position, for any reason, the contractor shall immediately replace or restore to their original location, in an upright position, the cones or portable delineators The Contractor shall furnish such flagmen and`equipment as are necessary to give adequate warning to traffic or to the public of any dangerous conditions in accordance with the current State of California Department of Transportation "Instructions to Flagmen" k All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY Yard or disposed of as directed by the AGENCY 3 Warning Signs 10 Central Park Maintenance Services MSC 490 Adequate warning signs for motorists shall be placed and maintained throughout all applicable phases of the work including speed limit reduction, loose gravel, fresh oil, and open trench. Signs shall be 36" X 36" in size, shall be on site ready for placement prior to start of the applicable phase of work and shall be placed in advance on all streets approaching the work zone 4 Street Closures, Detours, Barricades a Street closures will not be allowed except as specifically permitted by the Maintenance Operations Manager or designee b Construction Traffic Control Plans shall be prepared in accordance with the AGENCY's latest Traffic Control Plan Preparation Guidelines and shall be reviewed and approved by the Engineer The Contractor shall submit the plans to the Maintenance Operations Manager or designee for approval or correction at least 10 working days before approved plans will be required for commencing the work c Approval of the plans by the Maintenance Operations Manager or designee shall not relieve the Contractor from the responsibility for errors or omissions in the plans or from deviations from the Contract Documents The Contractor shall be responsible for the correctness of the plans and for the results obtained by the use of such plans 5 Protection of the Public a It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service or from the failure of partly completed work or partially completed work or partially removed facilities Unusual conditions may anse on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract b Whenever, in the opinion of the Maintenance Operations Manager or designate, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures of property, which may be damaged by the Contractor's operations and when, in the opinion of the Maintenance Operations Manager or designate, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Maintenance Operations Manager or designate will order the Contractor to provide a remedy for the unsafe condition If the Contractor fails to act on the situation, the Maintenance Operations Manager or designate may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary 11 Central Park Maintenance Services MSC 490 MSC-490 Central Park Maintenance Services Exhibit A c The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be bome 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 b If the spillage is of a hazardous substance, such as petroleum products, or pesticides, Contractor is required to contact the Maintenance Operations Manager or designate immediately and also prevent the substance from running into storm drains TURF MAINTENANCE Mowing and Edging a Turf areas shall be mowed, edged or trimmed weekly Turf areas consisting of cool season grasses shall be mowed before reaching four (4) inches In height and shall be mowed no lower than two (2) inches in height Turf shall be mowed once per week or as directed by the Maintenance Operations Manager or designee b Turf areas consisting of warm season grasses shall be mowed with a reel mower During dormancy seasons the warm season grasses shall be mowed as needed to keep grass at 1/2" to 3/4" in height During the growing season the warm season grasses shall be mowed to keep the grass at 3/4" in height The City may request the Contractor to vary mowing heights for special events and conditions as directed by the Maintenance Operations Manager or designee c The Contractor shall submit a mowing schedule of days and times for each designated park and landscape site The Contractor shall maintain the schedule as closely as possible unless a change is authorized or directed by the Maintenance Operations Manager or designee d Turf clippings and debris shall be lifted the same day of each mowing, trimming or edging operation and shall be removed from each park and landscape site e Turf shall be trimmed to the edge of sidewalks, curbs, mow -strips, retaining walls, posts, valve boxes, controllers, light standards and any paved surface Turf shall be kept trimmed or sprayed with a contact herbicide for a sufficient distance from sprinkler heads to ensure proper sprinkler coverage and for a distance of eighteen (18) Inches from all tree trunks. Contractor 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 12 Central Park Maintenance Services MSC 490 An automatic imgation 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 detenoration 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 three (3) pounds per 1,000 square feet of Calcium Nitrate per application March and late October In May, July and September all turf shall receive one (1) pounds of complete fertilizer 16-6-8 per 1,000 square feet per application Application subject to change per Maintenance Operations Manager or designee recommendation c The fertilizer applications shall be appliedimmediately after the aerification operation This is subject to change per Maintenance Operations Manager or designee recommendation 4 Insect, Disease and Pest Control Contractor shall provide complete insect, disease and pest control as necessary or as directed by the Maintenance Operations Manager or designee Contractor shall obtain the Maintenance Operations Manager or designee approval forty-eight (48) hours prior to the use of any chemical, mechanical or any other mechanical or any other method control 5 Weed Control All vegetation shall be sprayed and removed for a distance of eighteen (18) inches from tree trunks to form tree wells Any additional weed control in turf areas shall be as needed or as directed by the Maintenance Operations Manager or designee Weed control required and approved within turf areas by the Maintenance Operations Manager or designee is considered as part of contract 6 Soil Aerification Turf aenfication 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 aenfying Aerification shall be done immediately after thatch removal operation in early 13 Central Park Maintenance Services MSC 490 MSC-490 Central Park Maintenance Services Exhibit A May This is subject to change per Maintenance Operations Manager or designee recommendation 7 Thatch Removal Thatch shall be removed,with a vertical mower, or -approved equal, once a year in early October from all'turf areas as directed by the Maintenance, Operations Manager or designee. Care shall be taken to avoid unnecessary or excessive injury to the turf grass stand Sweep or rake the dislodged thatch from the turf areas and remove from each park and landscape site After the thatch is removed, turf shall be aenfied, fertilized and watered 8 Insect, Disease and Pest Control Contractor shall provide complete insect, disease and pest control as necessary or as directed by the Maintenance Operations Manager or designee Contractor shall obtain the Maintenance Operations Manager or designee approval forty-eight (48) hours prior to the use of any chemical, mechanical or any other mechanical or any other method control 9 Weed Control All vegetation shall be sprayed and removed for a distance of eighteen (18) inches from tree trunks to form tree wells Any additional weed control in turf areas shall be as needed or as directed by the Maintenance Operations Manager or -designate 10 Re -Planting The contractor shall re -sod all turf lost due to Contractor's incorrect maintenance or negligence, as determined by the Maintenance Operations Manager or designee V SHRUB AND GROUND COVER MAINTENANCE Pruning and Trimming a Ground cover shall be kept trimmed to the edge of sidewalks, light fixtures, driveways, mow-stnps, retaining walls and buildings Ground cover shall be kept one (1) foot from fences, property lines, trees and shrubs. In no case shall ground cover be allowed to climb walls, fences, light fixtures, buildings, shrubs and trees b Shrubs shall be selectively pruned to a distance of (1) foot from fences, buildings, driveways, sidewalks, trees, retaining walls and sprinkler heads. In no case shall hedging or shearing be allowed prior to approval of the Maintenance Operations Manager or designate The Contractor shall prune where necessary to maintain safe vehicular and pedestrian visibility as directed by the Maintenance Operations Manager or designee 2 Watering See Part IV, Section 2 14 Central Park Maintenance Services MSC 490 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 senous 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 accessones and facilities included but not limited to walks, play courts, benches, restrooms, picnic tables, fountains, play apparatus and trash receptacles to the Maintenance Operations Manager or designee The Maintenance Operations Manager or designee will then determine the extent of the removal or replacement, if any Where public safety is affected, the Contractor shall report to the Maintenance Operations Manager or designee immediately by phone at 714/536-5480 or reporting to Park, Tree and Landscape Maintenance Facility at 17581 Gothard Street, Huntington Beach, CA 92647 XI IRRIGATION SYSTEMS MAINTENANCE The controlling factor in the performance of water management within the City landscape maintenance areas is the application of water to landscape plants at a rate which closely matches the actual demands of plant material and little or no runoff. Roadway safety and maintenance is the first and foremost reason why water must be strictly controlled with the City Other important water management considerations include safe and dry right-of-ways for community use, water costs, plant health and compliance with applicable City water -usage ordinances Watering a Where an automatic or manual irrigation system is provided for the contractor's use to maintain optimum soil moisture content to ensure healthy vigorous growth but shall not be intended as the only means of irrigation. Should there be an interruption of electrical power or malfunctioning of the controller or control valves for more than two (2) consecutive days, the Contractor shall be required to water by other means if necessary to prevent deterioration of the areas involved The Contractor shall be responsible for providing control and monitoring irrigation operations to provide sufficient water for optimum growth with a minimum of water run-off Unnecessary flooding of excessive watering shall be corrected as quickly as possible b Manual irrigation by means of water truck shall be provided at all locations where no irrigation system exists c Irrigation/Operation and Maintenance 17 Central Park Maintenance Services MSC 490 MSC-490 Central Park Maintenance Services Exhibit A All landscaped areas shall be irrigated as required to maintain adequate growth and appearance Irrigation shall be accomplished in accordance with these specifications/guidelines and the following time frames Manual Irrigation Slopes Public Works Facilities All Work Sites 2 Operation/Repair 9 00 AM — 3-00 PM 10 00 PM — 5-00 AM 10 00 PM — 5.00 AM 10 00 PM -- 5-00 AM a The entire irrigation system to include all components from connection at back side of water meter shall be maintained in an operational state at all times and the expense included as part of this Contract. This coverage shall include but not be limited to the following all controllers, backflows and remote control valves, gate valves and sprinkler heads etc b All irrigation systems shall be tested and inspected and a written report submitted to the City when requested All systems shall be adjusted in order to i Provide adequate coverage of all landscape areas u 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 sod moisture content to ensure healthy vigorous growth d All irrigation systems shall be tested and inspected as necessary when damage is suspected or observed, or reported daily if necessary. e Repair malfunctioning controllers, backflows,- quick couplers, flow meters, moisture sensors, manual or automatic valves and sprinkler heads within twenty- four (24) hours of receipt of verbal or written notice f Correct deficient irrigation systems and equipment as necessary following verbal notification from the Maintenance Operations Manager or designee. g The Contractor shall turn off or adjust to low volume exercise irrigation system immediately as directed during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticultural maintenance practices 18 Central Park Maintenance Services MSC 490 h Once the Maintenance Operations Manager or designee acknowledges the necessity to turn on the water once again, all controllers shall be activated within twenty-four (24) hours 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 k Battery operated controllers will be kept in continuous operating condition by replacing batteries when necessary at Contractor's expense Contractor will maintain, in continuous optimum operating condition solar powered controllers at all sites at which such units are installed m Contractor shall provide personnel fully trained in all phases of landscaping and irrigation systems operation, maintenance, adjustment, and repair, in all types of components to include irrigation control clocks, valves and sprinkler heads, and with all brands and models of irrigation equipment n Adjustment, damage and repairs shall be divided into the following categories and actions i All sprinkler heads shall be adjusted or replaced to maintain proper coverage Adjustment shall include, but not be limited to, actual adjustments to heads, cleaning and flushing heads and lines, and removal of obstructions Costs for adjustment or replacements shall be included in costs for operation and maintenance of the irrigation system ii All damage resulting from Contractor's operations shall be repaired or replaced prior to the end of the workday at the Contractor's expense in Repairs to the irrigation system shall be completed within 24 hours after notification to the Maintenance Operations Manager or designate on major component damage such as broken irrigation lines, defective or broken valves and within 24 hours after approval by the Maintenance Operations Manager or designate on repairs to sprinkler heads and other minor items iv All replacements shall be in strict accordance with City of Huntington Beach equipment and installation standard plans, no substitutions will be permitted v Turf, shrubs, trees and ground cover shall be regularly mechanically trimmed around sprinkler heads to insure proper operations and coverage of the system 3 Personnel a The Contractor shall provide personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustments, and repair, in all types of 19 Central Park Maintenance Services MSC 490 MSC-490 Central Park Maintenance Services Exhibit A components to include irrigation controllers, valves, sprinkler heads, and with all brands and models of irrigation equipment used within the city b The Contractor shall provide personnel knowledgeable of, and proficient in current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies. c The Contractor shall provide personnel capable of verbal, and written communication in the English language 4 Materials a All replacement materials are to be with original types and model materials, unless the Maintenance Operations Manager or designee approves a substitute b Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems. c Contractor shall implement repairs in accordance with all effective warranties 5 Water Management a Contractor will keep system operating at manufacturer's recommended operating pressure The valves should be throttled so as to prevent sprinkler heads from fogging, allowing droplets for effective watering. The Maintenance Operations Manager or designate may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system b The contractor will be responsible for setting and monitoring the irrigation controllers and will not manually activate automatic valves unless associated with system repairs c All systems shall be programmed weekly and/or as needed to maintain healthy plant materials and landscape i All program changes shall be recorded on the Irrigation Program Log ii Controller program is to be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with irrigation schedules provided by the City in Section 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 designate Trash removal and disposal shall be included in the contract price. Contractor shall vacuum clean all walks, driveways, court game pavement areas, gutters, parking lots and other areas adjacent to work locations, per work schedule 20 Central Park Maintenance Services MSC 490 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, dram lines and curb drams within a park site Any damages resulting from the Contractor's negligence of these inspections and/or lack of corrective measures shall be the Contractor's sole responsibility Expansion joints or cracks in pavement areas shall be spot treated with a combination of non -selective contact herbicide as needed for weed -control. 3 Fountains The following treatments shall be included Treatment of water with algaecides, filter cleaning, pool sweeping, water line scrubbing, debris removal, light bulb replacement as needed Pump or pool repairs when needed along with pool repainting Since the water fountains run continuously it is imperative that Contractor monitor the algaecide tablets at all times If soap is deposited in fountains, Contractor shall drain and clean it or add a state -approved defoamer 4 Performance Requirements for Hardscapes During each site visit concrete and asphalt areas, including driveways, parking areas, sidewalks, curb and gutters, expansion Joints and walls adjacent to city landscape shall be kept clear of dirt, mud, trash, weeds and any other substances which are either unsightly or unsafe XIII EXHIBITS A Weekly Inspection Sheet B Deficiency Notice C Map D Staff Requirements E Sample Contract F. Insurance Requirements 21 Central Park Maintenance Services MSC 490 MSC-490 Central Park Maintenance Services EXHIBIT A Exhibit Weekly Inspection Sheet Location- Date: Inspected By - Hazardous Condition Present: ❑ Yes ❑ No Good Fair Needs Improvement Overall Condition ❑ ❑ ❑ Turf Mowing ❑ ❑ ❑ Edging ❑ ❑ ❑ Weeds ❑ ❑ ❑ Litter Removal ❑ ❑ ❑ Clipping Removal ❑ ❑ ❑ Aerate & Fertilize ❑ ❑ ❑ Walkways ❑ ❑ ❑ Play Equipment ❑ ❑ ❑ Playground Sand Pits ❑ ❑ ❑ Chemical Edging ❑ ❑ ❑ Rodent Control ❑ ❑ ❑ Trees Trimming ❑ ❑ ❑ Staking ❑ ❑ ❑ Wood Chipping ❑ ❑ ❑ Planters Trimming ❑ ❑ ❑ Weeding ❑ ❑ ❑ Wood Chipping ❑ ❑ ❑ Irrigation Controller Adjustments ❑ ❑ ❑ Parts Replacements ❑ ❑ ❑ Picnic Shelters ❑ ❑ ❑ Restrooms ❑ ❑ ❑ Facilities ❑ ❑ ❑ Vertical Mowing ❑ ❑ ❑ Corrections and/or Comments Needed (if any) Google HUNTINGTON BEACH CENTRAL PARK m WrenfeWOr Rook Or Lkk View Freeborn or PBNr r Athena Or Kilda Clr ;'* CeDstorue 4 Betty Of � 1Ntvir3f�k"� � Sonema Or Ford Or Shef4M Oo aE . Munhattart Or amt Lama Or r Cory Or 40 Spickard Or ..,_.Stater M�0 I - SJ6ier Age - Pr Cristo Palma OrFealey _ i Me Angelina Or H `, t Vista Del Sol Or = ,,y r`, -n View,Park S Huntin C*et Arm 0? aiaCa4 �- b Jsriames©r Bea FaUmgwater Dr �� -n, - _`I I Kmer Or Vatcher Or- c ^� �iamehrrP Or Betmaal Or to ° _ I luirtingion -cerrurd Pwrshwid Or Lucrrx+ntn Or fierttr+31 Park rtr*arq fVarsity Or CA Certtlm4 Perk Or _ - - dtAve t o Newbury Or ce S `irt, Gier fox Or a e = p en ohs SUB Ave iEUrs Aue Lrx C Wal crr I ' m polo rCn Share Or i iratterDr Job E Etfrs Ave s Sroapprrgt �E fl S -___ to --_ --_ -- ----_-—P_date 3Goo e Get Google Maps on your phone Text the word "CMAPS" to4664S 3 - Oak View r Park a � �itblrC ' Ef�stttely �&shool IK Metal Are Villa Hr ebm Dr � f ' Waadwit+d Or , C Talb€rt Ave n � Per'' c # a a m ,tayfor Df T" Perk ® chwio or pvebec Or Alberta far Yukon Or Fire polrft p MSC-490 Central Park Maintenance Services Exhibit A EXHIBIT D MINIMUM STAFF REQUIREMENTS CENTRAL PARK MAINTENANCE SERVICES MSC-490 Following are the minimum staffing requirements to service this contract: PERSONNEL QUANTITY FUNCTION Supervisor/Foreman One (1) Liaison between Contract crews and City Irrigation Tech One (1) Maintain irrigation systems Grounds Maintenance Five (5) Perform specified maintenance tasks EXHIBIT E SAMPLE CONTRACT Sample contract is included as a representation of terms and conditions. MSC-490 Central Park Maintenance Services Exhibit A SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach a municipal corporation of the State of California, hereinafter called "City," and , a hereinafter referred to as "Contractor " Recitals A The City desires to retain a Contractor having special skill and knowledge in the field of B Contractor represents that Contractor is able and willing to provide such services to the City C In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3 02, NOW, THEREFORE, it is agreed by City and Contractor as follows 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference These services shall sometimes hereinafter be referred to as the "Project " Contractor hereby, designates who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement 3. Compensation a City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A The total sum to be expended under this Agreement, shall not exceed $ during the term of this Agreement. 1 of 11 b Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City C. Contractor shall be paid pursuant to the terms of Exhibit `B." 4. Term Time is of the essence of this Agreement The services of Contractor are to commence as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate , unless terminated earlier in accordance with the provisions of this Agreement All tasks specified in Exhibit "A" shall be completed no later than [designate] years working days from the Commencement Date The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A " This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein 5. Extra Work In the event City requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," Contractor will undertake such work only after receiving written authorization from City Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first These materials may be used by City as it sees fit. 7. 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 and 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, ansing 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 2of11 MSC-490 Central Park Maintenance Services Exhibit A 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 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 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq of this 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits Contractor shall require all subcontractors to provide such workers' compensation and employer's liability 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 and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation 9. General Liability 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/Service. 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/Service, and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence If coverage ns 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/Service 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/Service shall be deemed excess coverage and that Contractor's insurance shall be primary Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a 3of11 separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement, the certificate shall - a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force, and c promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice, however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City The requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City Contractor shall secure at its own cost and 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 and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination In such event, Contractor shall be entitled to receive and the City shall pay Contractor 4of11 MSC-490 Central Park Maintenance Services Exhibit A compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions a As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. Assignment Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City 17. 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 financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below City and Contractor may designate different addresses to which subsequent notices, certificates or other communications 5of11 will be sent by notifying the other party via personal delivery, a reputable overrught carrier or U.S certified U S certified mail -return receipt requested To City To Contractor City of Huntington Beach Attn 2000 Main Street Huntington Beach, CA 92648 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the 6of11 MSC-490 Central Park Maintenance Services Exhibit A date of its execution and delivery, be deemed an original Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. 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 the United States Code regarding employment verification. 25. 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 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations 28. Jurisdiction - Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 7ofII EXHIBIT F INSURANCE REQUIREMENTS MSC-490 Central Park Maintenance Services CITY OF HUNTINGTON BEACH Phone 714-374-5378 Fax 714-536-5212 Insurance Requirements vary for different applicants. Please see the below listed applicant types followed by the insurance requirements. City of Huntington Beach Resolution 2008-63 requires that contractors, permittees, licensees/lessees and vendors have an approved Certificate of Insurance on file with the City of Huntington Beach for the issuance of any permit or city contract The insurance certificate must be approved by the City Attorney's Office as to meeting all of the city's insurance requirements An original certificate is required or a PDF version attached to an email may be forwarded If the insurance certificate is faxed, it must come directly from the insurance provider to the City of Huntington Beach All insurance must be from a California admitted carrier with a current A M Best's Rating of no less than A VII 1. CONTRACTORS — Any persons or entities or Contract with the City and/or provide service to the City which are readily available and efficiently procured by competitive bidding Regurrements General Liability, Workers' Compensation, Auto Liability, Additional Insured Endorsements 2. DESIGN PROFESSIONALS- Professional Service contractors who contract with the City and/or provide architectural and/or engmeermg services to the City Regurrements Errors and Emissions (Professional Liability) $1, 000, 000 coverage 3. LICENSEES/LESSEES — any person or entities who make contract with the city for the use of public property Regurrements General Liability, Workers' Compensation, Property Insurance (full replacement costs with no coinsurance penalty provision), Additional Insured Endorsement 4. PERMITEES — any persons or entities who make application to the City for any use of encroachment upon any street, waterway, pier, or City property Regurrements General Liability, Workers' Compensation, Auto Liability, Additional Insured Endorsements 5. PROFESSIONAL SERVICES — means those services, which involve the exercise of professional discretion and independent judgment on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to Huntington Beach Municipal Code Section 3 02 Such Services shall include but not be limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants Regurrements Errors and Emissions (Professional Liability) $1, 000, 000 coverage Private Property Work Permit Requirements — If the planned work does not involve public property or its right-of-way (e g sidewalk/street), the Workers' Compensation Certificate is the only insurance requirement However, if the work site is adjacent or attached to public property, the City Attorney's Office must be informed for consideration of liability and decides whether or not to approve the certificate with a specific "Private Property Only" approval stamp ➢ General Liability (GAL) — The general liability requirement is for $1,000,000 with "per occurrence" type claims coverage and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement (see below for Additional Insured requirements) ➢ Additional Insured Endorsement Requirements — The City, its officers, elected or appointed officials, employees, agents and volunteers are to be specifically named and covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor The coverage shall contain no special limitations on the scope of protection afforded to the City, its agents, officers and employees The endorsement should include the policy number it correlates to ➢ Primary Insurance — General Liability Insurance coverage shall be primary insurance as respects the City, its agents, officers, and employees Any insurance or self-insurance maintained by the City, its agents, officers, and employees shall be excess of the submitted insurance and shall not contribute with it ➢ Description of work — The staff contact and purpose of the evidence of coverage must be identified on the certificate of insurance ➢ Automotive Insurance — Automobile insurance requirement is for $1,000,000 and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement Permittees who do not use vehicles or equipment in connection with the permit can request to waive the Auto insurance requirement ➢ Worker's Compensation Insurance (W/C) —The Worker's Compensation insurance requirement is the State statutory limits of $250,000 bodily injury by disease, policy limit, and $100,000 bodily infury each employee for accident or disease per occurrence Certificate holder listed on the certificate is City of Huntington Beach, 2000 Main St, Huntington Beach, CA 92648 If your organization/company has no compensated employees working on the project, you may complete and return a "Non -Employer Status" form to be used in lieu of a W/C insurance certificate ➢ Cancellation Clause Notice —The cancellation clause must contain a thirty (30) day notice A ten (10) day notice for non-payment of premium is acceptable in combination with 30 day notice ➢ Professional Liability — Coverage must be provided at a minimum of $1,000,000 per occurrence and in the aggregate ➢ Deductibles— The following deductibles are acceptable and all others must be removed from the insurance policy or a waiver can be requested (No allowances for SIR) o General Liability - $5,000 o Auto Liability - $13000 o Professional Liability/Errors & Emissions - $103000 ➢ Waiver Procedure —If unable to comply with a requirement, the "INSURED" may request a waiver of a specific requirement The Insurance Waiver form is an internal form that the City of Huntington Beach will complete (see following page for waiver form) The exception to the waiver is the GIL & Auto "Additional Insured Endorsement" page. 0 MSC-490 Central Park Maintenance Services Waiver Procedure To request a waiver, indicate here[] and provide a brief description ( 1 — 2 sentences) of the proposed work/project, its dollar value (if not a specific dollar amount, use an average, annual estimate or non-profit) and projected timeframe (perjob or as -needed basis) For substantial dollar deductible/SIR amounts, a financial statement is required (Balance Sheet, Budget Reports, Dun & Bradstreet Report, etc) Waiver Requested Encroachment Permit❑ Private Property Work Permit❑ Consultant Services❑ Other Proposed Work Dollar Value Projected Timeframe