HomeMy WebLinkAboutMerchants Landscape Services, Inc. - 2013-09-30 (13)MAINTENANCE SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
MERCHANTS LANDSCAPE SERVICES, INC.
FOR SPORTS COMPLEX MAINTENANCE SERVICES 12-13, MSC-489
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 Sports Complex maintenance services within the
City of Huntington Beach and more specifically described in the Bid Documents and
Specifications Sports Complex Maintenance Services 12-13, MSC-489; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements
hereinafter made and exchanged, the parties covenant and agree as follows
1. ACCEPTANCE OF CONDITIONS OF WORK, SCOPE OF SERVICES;
PLANS AND SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms,
conditions and obligations of this Agreement and the Contract Documents (as hereinafter
defined), the location of the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its investigation of all such
matters and is relying in no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this
Agreement by this reference, with the same force and effect as if the same were set forth
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at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound
by said Contract Documents insofar as they relate in part or in any way, directly or
indirectly, to the work covered by this Agreement The Scope of Services which
CONTRACTOR agrees to perform is set forth in the contract documents attached hereto
as Exhibit "A"
"Contract Documents" as defined herein mean and include:
A This Agreement;
B. Bond covering the work herein agreed upon;
C. Bid documents including Request for Proposal and/or the Notice
Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, the
plans and specifications;
D Any insurance that may be required.
If extra work not previously included in the Scope of Work should be
required by CITY, CONTRACTOR may perform such extra work at CITY's request on a
time and material basis.
Should there be any conflict between the terms of this Agreement and the
bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein
shall be considered as an acceptance of the terms of said bid or proposal which is in
conflict herewith.
2 CONTRACTOR'S OBLIGATIONS, ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services, applicable
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permits, and facilities necessary to complete the PROJECT in a good and workmanlike
manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the
nature of the PROJECT, during its progress or prior to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be encountered in the
prosecution of work, and for all other risks of any description connection with the work,
including, but not limited to, all expenses incurred by or in consequence of the
suspension or discontinuance of work, except such as are herein expressly stipulated to be
borne by CITY, and for well and faithfully completing the work within the stipulated
time and in the manner shown and described in this Agreement, and in accordance with
the requirements of CITY under them for the compensation set forth in the accepted bid
proposal.
3. COMPENSATION
CITY agrees to pay, and CONTRACTOR agrees to accept as full
compensation for the faithful performance of this Agreement, subject to any additions or
deductions made under the provisions of this Agreement or the Contract Documents, a
sum not to exceed Ninety -Five Thousand, Four Hundred Dollars per year ($95,400) 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
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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 three (3) years, unless CITY exercises
its option to renew as set forth herein
Unless prohibited by statute or ordinance, in its discretion CITY may
renew this Agreement for an additional 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
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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 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
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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 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
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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
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(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.
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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 Upon expiration of such ten- (10) day period,
CITY may then make appropriate repair, replacement or rework at CONTRACTOR's risk
and expense
15 INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be,
acting at all times hereunder as an independent contractor and not an employee of CITY
CONTRACTOR shall secure at its expense, and be responsible for any and all payment
of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONTRACTOR and its officers, agents
and employees and all business licenses, if any, in connection with the PROJECT.
16. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents, and
volunteers from and against any and all, claims, damages, losses, expenses, judgments,
demands defense costs, and consequential damage or liability of any kind or nature,
however caused, including those resulting from death or injury to CONTRACTOR's
employees and damage to CONTRACTOR's property, arising directly or indirectly out of
the obligations or operations herein undertaken by CONTRACTOR, caused in whole or
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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 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
13-3892/100677 10
furnish to CITY a certificate of waiver of subrogation under the terms of the workers'
compensation insurance and CONTRACTOR shall similarly require all subcontractors to
waive subrogation
18. INSURANCE
In addition to the workers' compensation and employer's liability
insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY,
CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability
insurance, including motor vehicle coverage covering the PROJECT This policy shall
indemnify CONTRACTOR, its officers, employees and agents while acting within the
scope of their duties, against any and all claims arising out or in connection with the
PROJECT, and shall provide coverage in not less than the following amount- combined
single limit bodily injury and property damage, including products/completed operations
liability and blanket contractual liability, of One Million Dollars ($1,000,000) per
occurrence. If coverage is provided under a form which includes a designated general
aggregate limit, the aggregate limit must be no less than One Million Dollars
($1,000,000) for this PROJECT This policy shall name CITY, its officers, elected or
appointed officials, employees, agents, and volunteers as Additional Insureds, and shall
specifically provide that any other insurance coverage which may be applicable to the
PROJECT shall be deemed excess coverage and that 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
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19. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder,
CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the
City Attorney evidencing the foregoing insurance coverages as required by this
Agreement; the certificates shall
1 provide the name and policy number of each carrier and policy,
2. state that the policy is currently in force, and
3. promise to provide that such policies will not be canceled or modified
without thirty (30) days' prior written notice of CITY.
CONTRACTOR shall maintain the foregoing insurance coverages in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the CONTRACTOR's defense, hold harmless and indemnification
obligations as set forth under this Agreement. CITY or its representative shall at all times
have the right to demand the original or a copy of all the policies of insurance
CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required
CONTRACTOR shall provide a separate copy of the additional insured
endorsement to each of 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
13-3892/100677 12
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.
13-3892/100677 13
24 NOTICES
All notices required or permitted hereunder shall be in writing and
delivered in person or by registered or certified mail to the following authorized
representative of the party to whom delivery is to be made, at the place of business of
such party, or to any other place designated in writing by such party
FOR CITY
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 arising out of this
Agreement.
27. RESERVED
28 CAPTIONS
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Captions of the section of this Agreement are for convenience and
reference only, and the words contained therein shall in no way be held to explain,
modify, amplify or aid in the interpretation, construction or meaning of the provisions of
this Agreement.
29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of U S.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 FEE
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.
32 ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire
Agreement between the parties.
13-3892/100677 15
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers on `71-30 / J?
CONTRACTOR
MERCHANTS LANDSCAPE SERVICES,
INC.
By�;��G`
Martm Brower, President
AND
Donna Brower, Chief Financial Officer
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APPROVED.
Manager
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
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Director of Public orks
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Director of Finance
(HBMC §3 02 050(b))
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13-3892/100677 16
MSC-489 Sports Complex Maintenance Services
Exhibit A
BID DOCUMENTS AND SPECIFICATIONS
for
SPORTS COMPLEX MAINTENANCE SERVICES 12-13, MSC-489
in the
CITY OF HUNTINGTON BEACH
TABLE OF CONTENTS
Sports Complex Maintenance Services 12-13, MSC 489
SECTION
Section A Invitation to Bid.
Section B Instructions to Bidders
Section C Proposal
Specifications
Exhibits
TAB/PAGES
p1
p B1 — B4
p C1 — C10
Specifications, p 1 - 21
Exhibits A through E
MSC-489 Sports Complex Maintenance Services
Exhibit A
SECTION A
INVITATION TO BID
Sports Complex Maintenance Services 12-13, MSC 489
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 9 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 the
Huntington Beach Sports Complex, a 45-acre facility consisting of eight softball fields overlaid
with seven soccer fields, three open artificial turf fields, one arena turf field, and two
playgrounds and parking lot 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
Sports Complex Maintenance Services 12-13, MSC 489
INSTRUCTIONS TO BIDDERS
1. Proposal Forms
Bids shall be submitted in writing on the bid proposal forms provided by the AGENCY All
information requested therein must be clearly and legibly set forth in the manner and form
indicated The AGENCY will reject any proposal not meeting these requirements The bid shall
be filed with Finance Dept --Purchasing, 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 interlmeations, 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 by1he 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 Sports Complex Maintenance Services 12-13, MSC 489
CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL
MSC-489 Sports Complex 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
5. Return of Proposal Guarantees
The proposal guarantees of the second and third lowest bidders will be held until the awarded
bidder has properly executed all contract documents Within 10 working days after the award of
contract, the remaining proposal guarantees accompanying all other proposals will become null
and void and returned to the unsuccessful bidders
6. Taxes
No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all
amounts bid will be deemed and held to include any such taxes, which may be applicable
7. Prevailing Wage
This contract provides for a maintenance and service activity that is of municipal concern As
such, it is not subject to the payment of prevailing wages
8. Disqualification of Bidders
In the event thaVany 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 believingthat collusion exists among any or all of the bidders,, any or all
proposals may be rejected Proposals in which the prices are obviously unbalanced may be
rejected
9. Contractor's License Requirement
This project requires the Contractor to possess a valid State of California contractor's license of
the classification C27 in accordance with the provisions of Public Contract Code Section 10164,
and a copy of the license must be included with the bid proposal
10. References
All reference information called for in the bid proposal must be submitted with the bid proposal
11. Subcontractors
No subcontractors shall be used for any portion of this contract
12. Discrepancies and Misunderstandings
Bidders must satisfy themselves by personal examination of the work site, plans, specifications
and other contract documents, and by any other means as they may believe necessary, as to
the actual physical conditions, requirements and difficulties under which the Work must be
performed No bidder shall at -any time after submission,of a proposal make any claim or
assertion that -there was any misunderstanding or lack of information regarding the nature or
amount of work necessary for the satisfactory completion of the job. Should a bidder find any
errors, omissions, or discrepancies ,in the plans, specifications, and other contract documents or
should he be in doubt as to their meaning, he shall notify the AGENCY in writing not later than
five (5) working days pnor 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 penod of 60 days In no
event will an award be made until all necessary investigations are made to the responsibility and
qualifications of the bidder to whom the award is contemplated
16. Term of Agreement
The term of this agreement shall be three (3) years. The contract may be renewed by mutual
agreement of both parties for one (1) additional two-year (2-year) term City does not have to
give reason if it elects not to renew If City and contractor are unable to agree on a mutually
acceptable contract, the agreement shall be terminated
Contractor, in addition to the annual contract price, may request a cost of living increase, if any
This cost of living increase shall be based on the percentage of increase in the Los Angeles -
Orange -Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the
Orange County area from March.to March of the preceding twelve (12) months, not to exceed
3 5% On or before April 30 following one full year of service, and on or before April 30 of each
year thereafter during the term of this Agreement, Contractor may request in writing from City a
cost of living -increase, ifyany, and the additional amount of money requested by Contractor
Such 3increase shall be effective for the penod of October 1 through the following September
30 If the additional amount of money requested is acceptable to City, City shall pay such
IN
MSC-489 Sports Complex 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 insurance to the AGENCY within
10 working days from the award of contract Prior to the execution of the contract, the
successful bidder's insurance company must furnish AGENCY with Certificates and Policy
Endorsements naming the AGENCY as an additional insured using wording and form specified
in AGENCY's Insurance Requirements document
20. Addenda
The effect of all addenda to the contract documents shall be considered in the bid package and
said addenda shall be made part of the contract documents and shall be returned with the bid
package. Failure to submit any such addenda with the bid package may render the bid irregular
and shall result in its rejection by the AGENCY.
21. Bid Protest
To be considered timely, a bid protest must be filed within the following time limits.
(a) Protests based upon alleged defects or improprieties in the bid documents shall be filed
prior to the date of bid opening
(b) All other protests must be filed within five calendar days after the protester knew or
should have known the basis of the protest, but no later than five calendar days after the
date of when the Bids were due to the AGENCY.
M
INTENTIONALLY BLANK
MSC-489 Sports Complex Maintenance Services
SECTION C Exhibit A
PROPOSAL
for the
Sports Complex Maintenance Services 12-13, MSC-489
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,
Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER
agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid
Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will
result in forfeiture to AGENCY of the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid
Schedule are solely for the ptirpose 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 frgm-es.
If awarded the Contract, the undersigned agrees that in the event of the BIDDBR'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 i310aS fpnb in the amount of $ Lo "� 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 one
may be).
Bidder shall signify receipt of all Addenda here, if any:
C-1(MSC-489)
NO.
May 9, 2013
May 9, 2013
MSC-489 Sports Complex Maintenance Services
Exhibit A
C-2 (MSC-489)
MSC-489 Sports Complex Maintenance Services
Exhibit A
PROJECT BID SCHEDULE
City of Huntington Beach
Sports Complex Maintenance Services, MSC-489
Base Bid Items:
-j - • •
AmoauY-
!
Provide landscape Maintenance Services per
specifications and exhibits - MONTHLY COST
7,950.00
1B
provide Landscape Maintenance Services per
BASE BID
specifications and exhibits —ANNUAL COST
95,400.00
TOTAL AMOUNT OF BASE BID IN FIGURES $ 95,400.00
TOTAL AMOUNT OF BASE BID IN WORDS Ninty five thousand four hundred dollars
The base bid item will be used for comparison of bids and to determine the lowest bidder,
C-3 (MSC-489)
MSC-489 Sports Complex Maintenance Services
Exhibit A
SPORE'S COMPLEX
Park Area: 45 acres;1,960,200 square feet
FREQUENCY FREQUENCY
inIINCTION OTY OPTION A MONTHLY COST OPTION B MONTHLY COST
EMPTY TRASH CANS
80
2X per week
180.00
1X er week
90.00
[]ROTINMq MATMMNANC-E
TURF MAINTBNANCB
Weekly
5,625.00
Biweekly
4,218.00
1,200.00
900.00
CLIPPING REMOVAL
Weekly
Biweekly
180.00
120.00
LITTER REMOVAL
Weekly
Biweekly
70.00
RODENT CONTROL
monthly
NA
PT.AVGRnnNn SANn
CLEANING
Weekly50.00
NA
ROTOTILLING
6X er ear
0
NA
[`URMICAT. APPI.TrATION
60.00
30.00
EDGE TURF AREAS
6X per year
3X er ear
PRE -EMERGENCE
50.00
25.00
PLANTER BEDS
2X per year
i
IX er ear
AERATR & RPRTILIZE
160.00
30.00
FERTILIZE TURF
5X per ear
IX per yew
10.00
FERTILIZE PLANTERS
1X per year
NA
AERATE TURF
240.00
96.00
PLUG TYPE
5X pr year
2X per.year
VERTICAL MOW RENOVATION
IX per year
100.00
NA
25.00
WOOD CHIP PLANTERS
IX per year
NA
MONTHLY ANNUAL
GRAND TOTAL 7,950.00 95 400.00
OPTION A '
MONTHLY ANNUAL
GRAND TOTAL 5,509.00 66,108.00
OPTION B
C-4 (MSC-489)
MSC-489 Sports Complex Maintenance Services
Exhibit A
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER 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; and, fiulher,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay fee to any corporation, partnership, company association, organization, bid depository, of
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 (MSC489)
MSC-489 Sports Complex Maintenance Services
Exhibit A
UTILITY 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 Sports Complex Maintenance Services
MSC- 489, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to
work in proximity to any electrical secondary or transmission facilities, The term "Qualified
Person" is defined in Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved."
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders,
and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein
Merchants Landscape Services, Inc
Contractor
Mark Brower
By
President
Title
Date: May 16, 2013
C-6 (MSC-489)
MSC-489 Sports Complex 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 53 No
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-7 (MSC-489)
MSC-489 Sports Complex 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 BrowerBy
President
Title
C-8 (MSC-489)
MSC-489 Sports Complex Maintenance Services
Exhibit A
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Merchants Landscape Services, Inc
BidderName
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-489)
MSC-489 Sports Complex 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 Bidder
Mark Brower
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:
I. See attached reference list
2.
3.
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
C-10 (MSC-489)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
MSC-489 Sports Complex Maintenance Services
Exhibit A
Cvu. com § „se
State of California
County of r h fl 6 e,
On before me, r Utz, Dua fu Pu �l I
at Here Irmrt Narille and Title of the officer
personally appeared rn (,i 1 ro w e/
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(Wis/Aw
subscribed to the within instrument and acknowledged
to me that he%gerft or executed the same in
his/befftfy®fr' authorized capacity*s), and that by
his/Oe tt4efr signature(s) on the Instrument the
NADINE RDDRIGUEZ personN, or the entity upon behalf of which the
Commission 11974930 personWacted, executed the Instrument
i Notary Public • CoN fond
z Orknpk Copnty I certifyunder PENALTY OF PERJURY under the
M Ex Comm. irks r 13 2016
laws of the State of California that the foregoing
paragraph is true and correct
WITNESS my hand and official seal
Signature —
Place Notary Seal Above OPTIONAL ary Signature of Notlic
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
O Corporate Officer — Title(s)
O Individual
O Partner — ❑ Limited ❑ General
O Attorney in Fact
O Trustee
O Guardian or Coi
• Other
Signer
Number
Officer — Title(s)
O Individual
O Partner — O Limited ❑ General Top of thumb hem
❑ Attorney in Fact
• Trustee
❑ Guardian or Conservator
O Other
Signer Is Representing
w rvauuriai rvuiary Mssocianon • NationalNotary org • 1-800-US NOTARY (1-800-876-W27) Item 55907
MSC-489 Sports Complex Maintenance Services
Exhibit A
MERCHANTS LANDSCAPE SERVICES, INC.
CITY OF IRVINE
P.O. 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-489 Sports Complex Maintenance Services
Exhibit A
State Of California
ONTRACTORS STATE LICENSE BOARD
E Constmter ACTIVE LICENSE
Aftrs
yN
u.m.,,., 765658 FAtY CORP
f
ear—r e MERCHANTS LANDSCAPE SERVICES
INC
aasi6ce6ade) C27
BOranonDda 07/3112013 www cslb.ca gov
MSC-489 Sports Complex Maintenance Services
Exhibit A
merchants
landscape
inc.
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 Bernardino
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 m
California that are self -insured for workers compensation insurance. Allowing Merchants
to maintain 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
Markin Herrera, nwdn@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
MSC-489 Sports Complex Maintenance Services
Exhibit A
merc
landscape
Qualifications of Bidder/Past Experience
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,verti-drain 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 L¢ 765658
MSC-489 Sports Complex Maintenance Services
Exhibit A
MERCHANTS LANDSCAPE SERVICES
ORGANIZATIONAL CHART
Administrator
Southern Regional
Manager
Martin Herrera
Santa Ana
Branch Manager
Vicente Ybarra
Area Manager Area Manager Area Manager
Mel Martinez Cesar Delgado Paulmo Ale10
PRESIDENT
Mark Brower
Northern Regional
Manager
Patrick Healy
1
Irvine Los Angeles Rancho Cucamonga Palm Springs
Branch Manager Branch Manager Pomona Branch Branch Manager
Edgar Valdovinos Victor Soriano Yvonne Garcia Mike Kartchner
Area Manager I Area Manager Area Manager
Juan Wdm0 Noel Manor Javrrr RnrinwnP7
♦ J.
15 g 12
Foreman Foreman Foreman Foremen Foroman Foremen
40 27 36 26 28
Laborers �'� Laborers Laborere Laborers Laborers
Area Manager Area Manager Area Manager
Vostok Bernal Fred Mastmez I Francisco Valdez
8 9 Area Manager
Foreman Foremen Albert Contreras
27 31 3 2
Laborers Layers Foreman Foreman
14 7
Laborers Laborers
MSC-489 Sports Complex Maintenance Services
Exhibit A
GENERAL SPECIFICATIONS FOR
SPORTS COMPLEX LANDSCAPE MAINTENANCE
FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA
Work Schedule
a The Contractor shall deliver to the City a complete 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/bi-weekly 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 specified shall be performed between the hours of 7*00 a m and 5 00 p m , and
between the days of Monday and Friday, or as directed by the Maintenance Operations
Manager or designee
6 Improvements
The Contractor or third party may do construction of sidewalks, turf areas, play
equipment, and irrigation system installations, when requested by the City Such work
shall be considered as extra work and shall be paid for as specified.
7 Qualifications of Contractor
In order to be eligible to enter into this contract with the City, the bidder shall
1
Sports Complex MSC-489
INTENTIONALLY BLANK
MSC-489 Sports Complex 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
ni Contractor must have on staff and maintain during the term of the
contract, a State Certified Pest Control Advisor for written
recommendations
IV Contractor must have on staff and maintain during the term of this
contract, an ISA Certified Arborist for written recommendations
v Contractor must have radio or telephone communications between office
and field personnel
vi Contractor must have 24-hour answering service
vii Contractor must have sufficient vehicles and equipment to maintain
contract and meet City inspection No employee's personal vehicle shall
be used to maintain City Contract
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
Sports Complex MSC-489
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
ui The Contractor shall provide a qualified, English speaking crewleader or
supervisor to oversee the work force A listing of guaranteed size of work
force by job classification shall be provided to the City prior to beginning
work
iv The Contractor shall provide schedule of hourly rates for all job classifications
to be used for determining cost of extras
8 Public Safety
Where public safety is affected, the Contractor shall make immediate equipment repairs
or removals of landscape and irrigation material and shall report such repairs or
removals within 24-hours to the Maintenance Operations Manager or designee
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
Sports Complex MSC-489
MSC-489 Sports Complex 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 govern the use of application of chemicals required
in the performance of the work Chemicals shall include but not be limited to
fertilizers, herbicides, insecticides, fungicides, rodenticides, germicides,
nematocides, bactencides, inhibitors, fumigants, defoliants, desiccants, sod
sterilants and repellents
b Contractor shall apply spray chemicals when air currents are motionless
preventing drifting onto adjacent property and preventing any toxic exposure to
persons whether or not they are in, or near, the project All chemical applications
shall be recommended and supervised by the Contractor's state licensed Pest
Control Advisor The Contractor's state licensed Pest Control Operator shall
make application
c Contractor shall submit a schedule of work plus name of any chemicals used,
outlining date, location and work to be performed, four (4) days prior to the week
of work Said schedule shall be.submitted to the Maintenance Operations
Manager or designate
d The Contractor shall provide complete and continuous control and/or eradication
of all plant pests or diseases The contractor shall obtain any necessary permits
to comply with City, County, State, or Federal regulations or laws prior to
commencement of work
e Contractor will assume responsibility and liability for the use of all chemical
controls Pests and diseases to include, but not limited to, all vertebrates,
insects, aphids, mites, invertebrates, pathogens, and nematodes Controls to
include necessary use of integrated pest control systems involving the use of life
history information and extensive monitoring Control through prevention,
cultural practices, pesticide applications, exclusion, natural enemies, biological
control and host resistance.
All material use shall be in strict accordance and applied within the most current
EPA regulations and the California Food and Agricultural Code
g City shall be notified prior to the applications of pesticides and other chemicals
Pesticide applications shall be recorded on the Maintenance Schedule and
coordinated with Maintenance Operations Manager or designee Material use
reports of all pesticides and chemicals shall be filed with the city no later than the
1& of every month of the preceding month
h Application of Pesticides
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Sports Complex MSC-489
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
ni Handling of Pesticides Care shall be taken in transferring�and mixing
pesticides to prevent contaminating areas outside the target area
Application methods shall be used to which ensure that materials are
confined to the target area Spray tanks containing leftover materials shall
not be drained on the site Disposal of pesticides and tank rinsing materials
shall be within the guidelines established in the State of California Food and
Agricultural Code or EPA regulations
IV Equipment and Methods { Spray equipment shall be in good operating
condition, quality, and design to efficiently and effectively apply materials to
the target area Minimize drift by avoiding high-pressure applications and
using water-soluble drift agents
v Selection of Materials. Pesticides shall be selected from those materials,
which characteristically have the lowest residual persistence Use of
emulsifiable concentrates shall be used when possible to limit windblown
particles The use of adjuvants will be to increase pesticide efficiently thereby
reducing the total amount of technical material required to gain control
vi Substitutions Wherever a specific type of material is specified, no
substitutions shall be allowed without the written consent of the Maintenance
Operations Manager or designee
vn 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
viu 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
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Sports Complex MSC-489
MSC-489 Sports Complex 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 pestibides 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
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Sports Complex MSC-489
b Each internal combustion engine used for any purpose on the project or related
to the project shall be equipped with a muffler or a type recommended by the
manufacturer No internal combustion engine shall be operated on the project
without said muffler Said noise level requirement shall apply to all equipment on
the project or related to the project including but not limited to trucks, transit
mixers, or transient equipment that may or may not be owned by the Contractor
The use of loud sound signals shall be avoided in favor of light warnings except
those required by safety laws for the protection of the. public or Contractor's
personnel
16 Inclement Weather
a During the periods when inclement weather hinders normal operations, the
Contractor shall adjust his work force in order to accomplish those activities that
are not affected by weather
b The Contractor shall re -stake and re -tie trees or other such activities as required
as a result of inclement weather The Contractor will stay available to assist in
any storm related damage repair to sites in this contract
c Contractor shall not work or perform any operations during inclement weather
that may destroy or damage ground cover or turf areas The Contractor shall
contact the Maintenance Operations Manager or designee for the determination
of non -operation conditions
d The Contractor shall immediately notify the Maintenance Operations Manager or
designee when the work force has been, removed from the job site due to
inclement weather or other reasons
17 Contract Documents
Contract documents shall consist of the specifications and exhibits, plans, insurance
certificates, the contract and all submittals required
18 Underground Excavations
Contractor shall be responsible for locating all underground utility lines to insure the
safety of his/her work crew and to protect in place existing utility equipment before
commencing any excavation Contractor shall contact the Maintenance Operations
Manager or designate and Underground Service Alert (1/800-422-4133) 48 hours before
commending any excavation, to locate underground service lines
19 Plans
a One set of reduced planting and irrigation plans for each park are provided as part of
the contract documents for the Contractor's general reference The Contractor shall
be responsible for verifying in the field, areas, quantities and facilities for accuracy
7
Sports Complex MSC489
MSC-489 Sports Complex 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 E
21 Air Pollution
a Contractor shall comply with all air pollution control rules, regulations, ordinances
and statutes which apply to any work performed pursuant to the Contract and shall
not discharge smoke, dust or any other air contaminants into the atmosphere in such
quantity as will violate the regulations of any legally constituted authority
b Material to be disposed of shall not be burned
22 Inspection of Work and Deficiency Notice
a The City and Contractor's representative shall make weekly inspections of all areas
included in the contract The results of each inspection shall be recorded and
retained for reference using a Weekly Inspection Sheet (Exhibit A) Thirty-two (32)
hours shall be allotted monthly for inspection and contract supervision The
Contractor shall compensate the City for all time required for inspection and
supervision in excess of the above specified time, providing that
The excess time is, in the opinion of the City, required due to an inadequate
level of maintenance,
The Contractor has been informed of the deficiencies upon completion of
weekly inspection,
iii The Contractor has 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 B) The Contractor is required to correct
deficiencies within the time specified by the City of Huntington Beach If the
deficiency is not corrected within the time specified by the City, City forces
will be called out to complete the work Such work shall be done on a force
account basis with an additional call out charge of $75.00 per hour for each
call -out Call -out of City forces during off -hours, resulting from improper
programming of sprinkler controllers, will be charged to the Contractor at time
8
Sports Complex MSC-489
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
ni 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.
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Sports Complex MSC489
MSC-489 Sports Complex 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
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Sports Complex MSC-489
Adequate warning signs for motorists shall be placed and maintained throughout all
applicable phases of the work including speed limit reduction, loose gravel, fresh oil, and
open trench Signs shall be 36" X 36" in size, shall be on site ready for placement prior
to start of the applicable phase of work and shall be placed in advance on all streets
approaching the work zone
4 Street Closures, Detours, Barricades
a Street closures will not be allowed except as specifically permitted by the
Maintenance Operations Manager or designee
b Construction Traffic Control Plans shall be prepared in accordance with the
AGENCY's latest Traffic Control Plan Preparation Guidelines and shall be
reviewed and approved by the Engineer The Contractor shall submit the plans
to the Maintenance Operations Manager or designee for approval or correction at
least 10 working days before approved plans will be required for commencing the
work
c Approval of the plans by the Maintenance Operations Manager or designee shall
not relieve the Contractor from the responsibility for errors or omissions in the
plans or from deviations from the Contract Documents The Contractor shall be
responsible for the correctness of the plans and for the results obtained by the
use of such plans
5 Protection of the Public
a It is part of the service required of the Contractor to make whatever provisions
are necessary to protect the public The Contractor shall use foresight and shall
take such steps and precautions as his operations warrant to protect the public
from danger, loss of life or loss of property, which would result from interruption
or contamination of public water supply, interruption of other public service or
from the failure of partly completed work or partially completed work or partially
removed facilities Unusual conditions may arise on the work which will require
that immediate and unusual provisions be made to protect the public from danger
or loss, or damage to life and property, due directly or indirectly to prosecution of
work under this contract
b Whenever, in the opinion of the Maintenance Operations Manager or designate,
an emergency exists against which the Contractor has not taken sufficient
precaution for the public safety, protection of utilities and protection of adjacent
structures of property, which may be damaged by the Contractor's operations
and when, in the opinion of the Maintenance Operations Manager or designate,
immediate action shall be considered necessary in order to protect the public or
property due to the Contractor's operations under this contract, the Maintenance
Operations Manager or designate will order the Contractor to provide a remedy
for the unsafe condition If the Contractor fails to act on the situation, the
Maintenance Operations Manager or designate may provide suitable protection
to said interests by causing such work to be done and material to be furnished as
may be necessary
11
Sports Complex MSC-489
MSC-489 Sports Complex 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 borne by the
Contractor All expenses incurred by the AGENCY for emergency repairs will be
deducted from the progress payments and the final payment due to the
Contractor However, if the AGENCY does not -take such remedial measures,
the Contractor is not relieved of the full responsibility for public safety
6 Hauling
a Spillage resulting from hauling operations on or across public thoroughfares shall
be immediately removed at Contractor's expense
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
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Sports Complex MSC489
An automatic irrigation system is provided for the Contractor's use to maintain optimum
sod moisture content to ensure healthy, vigorous growth but shall not be intended as the
only means of irrigation. Should there be an interruption of electrical power or
malfunctioning of the controller or control valves for more than two (2) consecutive days,
the Contractor shall be required to water by other means if necessary to prevent
deterioration of the areas involved The contractor shall be responsible for providing
control and monitoring irrigation operations to provide sufficient water for optimum
growth with a minimum of water run-off Unnecessary flooding or excessive watering
shall be corrected as quickly as possible.
3 Fertilization
a Prior to fertilizer applications, notification shall be made as required in Part II,
Section 23, of these specifications A city representative shall verify the fertilizer
quantity at the park site at the time of each application Empty bags may be
required for verification of quantities
b All turf grasses shall be fertilized as follows All turf shall receive three (3) pounds
per 1,000 square feet of Calcium Nitrate per application March and late October
In May, July and September all turf shall receive one (1) pounds of complete
fertilizer 16-6-8 per 1,000 square feet per application Application subject to
change per Maintenance Operations Manager or designee recommendation
c The fertilizer applications shall be applied immediately after the aerification
operation This is subject to change per Maintenance Operations Manager or
designee recommendation
4 Insect, Disease and Pest Control
Contractor shall provide complete insect, disease and pest control as necessary or as
directed by the Maintenance Operations Manager or designee Contractor shall obtain
the Maintenance Operations Manager or designee approval forty-eight (48) hours prior
to the use of any chemical, mechanical or any other mechanical or any other method
control
5 Weed Control
All vegetation shall be sprayed and removed for a distance of eighteen (18) inches from
tree trunks to form tree wells Any additional weed control in turf areas shall be as
needed or as directed by the Maintenance Operations Manager or designee Weed
control required and approved within turf areas by the Maintenance Operations Manager
or designee is considered as part of contract
6 Soil Aerification
Turf 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 sod 3/4" in
diameter by four (4) to six (6) inches long, spaced on more than six (6) inches before
aenfying Aenfication shall be done immediately after thatch removal operation in early
13
Sports Complex MSC489
MSC-489 Sports Complex 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 OperationsWanager 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 -strips, retaining walls and buildings Ground cover shall be kept
one (1) foot from -fences, property lines, trees and,shrubs In no case shall
ground cover be allowed to climb walls, fences, light fixtures, buildings, shrubs
and trees
b Shrubs shall be selectively pruned to a distance of (1) foot from fences, buildings,
driveways, sidewalks, trees, retaining walls and sprinkler heads In no case shall
hedging or shearing be allowed prior to approval of the Maintenance Operations
Manager or designate The Contractor shall prune where necessary to maintain
safe vehicular and pedestrian visibility as directed by the Maintenance
Operations Manager or designee
2 Watering
See Part IV, Section 2
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Sports Complex MSC489
3 Fertilizing
Ground cover and shrub areas shall be fed between March and May with a complete
fertilizer, 16-6-8 plus trace elements at the rate of 275 pounds per acre or approximately
six (6) pounds per 1,000 square feet Water thoroughly the day before fertilizing and
thoroughly again immediately after the application of the fertilizer Wash all plant food
off foliage
4 Insect, Disease and Pest Control
See Part IV, Section 4
5 Weed Control
The Contractor shall maintain a pre -emergence and post -emergence program for the
entire duration of the contract Ground cover and shrub areas shall be weeded before
any weeds reach four (4) inches in height Pre -emergent herbicide shall be applied in
early March and again in early September according to the manufacturer's
recommendation each year in all ground cover areas Post -emergent herbicide shall be
applied as needed, as directed and the type approved by the Maintenance Operations
Manager or designee depending upon the type of ground cover involved Serious pest
weeds, such as Bermuda grass and Bindweed shall be spot treated with a portable
sprayer or wick wand as needed with an effective herbicide and applied per
manufacturer's recommendations Water shall not,be applied to treated areas for forty-
eight (48) hours after each application Sprayed weeds shall be left in place for a
minimum of seven (7) days If kill is not complete, a second application shall be applied
as above After a complete kill, all dead weeds shall be removed from the park site
Nutsedge shall be treated a minimum of once per month until complete control is
achieved as specified above and as directed by the Maintenance Operations Manager or
designee
VI TREE MAINTENANCE
Pruning and Trimming
The Maintenance Operations Manager or designee shall be notified prior to any
trimming All trees of twenty-five feet (25') height or less shall be shaped, trimmed and
pruned; to the<highest arboricultural standards, as supervised by Contractor's certified
Arbonst Trees shall be thinned out, headed -back and shaped a minimum of once a
year Any dead or damaged branches shall be removed back to a lateral branch No
stubs will be permitted The Contractor shall restrict growth through pruning to maintain
safe road visibility, vehicle and pedestrian clearances, equipment accessibility and to
prevent or eliminate hazardous situations All palms are to be trimmed as often as
necessary to remove dead fronds and or fruit
2 Watering
See Part IV, Section 2, of these specifications.
3 Fertilizing
15
Sports Complex MSC-489
MSC-489 Sports Complex Maintenance Services
Exhibit A
Trees shall be fed in early March with a complete balanced fertilizer 16-6-8 plus trace
elements at the rate of six (6) pounds per one (1) inch of trunk diameter measured one
(1) foot above ground Fertilizer shall be broadcast round the drip line of the trees and
watered thoroughly
4 Ground Water Pumping
Trees provided with PVC vents shall be pumped with a portable pumping device to
prevent standing water at lower root zone as needed Weekly inspection of these vents
shall be made by -the Contractor and if necessary, corrective action taken immediately
5 Tree Staking and Tying
Trees shall be staked in accordance with Standard 703 revision of the City's Standard
Plans, dated July 17, 1981 Stakes and ties shall be placed in such a manner that no
trunk chafing occurs Stakes and ties shall be checked periodically to prevent girdling
and/or restriction of growth
VII WOOD CHIP MULCH AREA MAINTENANCE
Wood chip areas shall be kept evenly spread at a uniform four (4) to six (6) inch depth
Contractor shall remove weeds and debris as required herein
a Replenishment
Once per year the contractor will furnish wood chips to the work sites for
replenishment The Contractor shall spread the wood chips evenly over the
entire wood chip mulch areas to a uniform depth The contractor shall remove
vegetation, branches, logs, paper and other debris from the wood chips and
dispose of any objectionable material off the work site No ash, palm, or pepper
wood chips are to be used on city sites
b Weed Control
i Weeds shall be either pulled or sprayed and removed from non -vegetative
areas before reaching four (4) inches in height
Serious pest weeds shall be treated as specified in Part V, Section 5, of these
specifications No sterilants of any kind are to be used in these areas
IX SAND AND PLAY AREA MAINTENANCE
Sand play areas shall be kept free of weeds, litter and debris Sand shall be kept in a
reasonably leveled condition, as directed by the Maintenance Operations Manager or
designee, rototdled six (6) times per year, to a depth of 12 inches. Dates to be agreed
upon by Contractor and City Maintenance Operations Manager or designee Contractor
shall provide additional sand when required `The' City's Maintenance Operations
Manager or designee will determine the screen size/type and quantities New sand shall
16
Sports Complex MSC-489
be placed and graded in a uniform manner, at a consistent level All sand play areas
shall maintain a sand depth of 18 inches or more
Weeds shall be removed by physical means as needed except serious pest weeds shall
be treated as specified in Part V, Section 5, of these specifications No herbicide use
permitted
X PLAY EQUIPMENT, PARK FURNITURE, ACCESSORIES AND FACILITIES
MAINTENANCE
Contractor shall report any major deficiency or the need of, replacement of play
equipment, park furniture and accessories and facilities included but not limited to walks,
play courts, benches, restrooms, picnic tables, fountains, play apparatus and trash
receptacles to the Maintenance Operations Manager or designee The Maintenance
Operations Manager or designee will then determine the extent of the removal or
replacement, if any
Where public safety is affected, the Contractor shall report to the Maintenance
Operations Manager or designee immediately by phone at 714/536-5480 or reporting to
Park, Tree and Landscape Maintenance Facility at 17581 Gothard Street, Huntington
Beach, CA 92647
XI IRRIGATION SYSTEMS MAINTENANCE
The controlling factor in the performance of water management within the City landscape
maintenance areas is the application of water to landscape plants at a rate which closely
matches the actual demands of plant material and little or no runoff Roadway safety
and maintenance is the first and foremost reason why water must be strictly controlled
with the City. Other important water management considerations include safe and dry
right-of-ways for community use, water costs, plant health and compliance with
applicable City water -usage ordinances
Watering
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
Sports Complex MSC-489
MSC-489 Sports Complex 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 OOAM
10-OO 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
c All systems shall be adjusted in order to
i Provide adequate coverage of all landscape areas
u Prevent excessive runoff and/or,erosion
ui Prevent watering roadways, walkways or private property
iv Match precipitation rates
v Limit hazardous conditions
vi Maintain optimum soil moisture content to ensure healthy vigorous growth
d All irrigation systems shall be tested and inspected as necessary when damage
is suspected or observed, or reported daily if necessary
e Repair malfunctioning controllers, backflows, quick couplers, flow meters,
moisture sensors, manual or automatic valves and sprinkler heads within twenty-
four (24) hours of receipt of verbal or written notice
Correct deficient irrigation systems and equipment as necessary following verbal
notification from the Maintenance Operations Manager or designee
g The Contractor shall turn off or adjust to low volume exercise irrigation system
immediately as directed during periods of rainfall and times when suspension of
irrigation is desirable to conserve water while remaining within the guidelines of
good horticultural maintenance practices.
18
Sports Complex MSC-489
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
iii Repairs to the irrigation system shall be completed within 24 hours after
notification to the Maintenance Operations Manager or designate on major
component damage such as broken irrigation lines, defective or broken
valves and within 24 hours after approval by the Maintenance Operations
Manager or designate on repairs to sprinkler heads and other minor items
iv All replacements shall be in strict accordance with City of Huntington Beach
equipment and installation standard plans, no substitutions will be permitted
v Turf, shrubs, trees and ground cover shall be regularly mechanically trimmed
around sprinkler heads to insure proper operations and coverage of the
system.
3 Personnel
a The Contractor shall provide personnel fully trained in all phases of landscape
irrigation systems operation, maintenance, adjustments, and repair, in all types of
19
Sports Complex MSC-489
MSC-489 Sports Complex Maintenance Services
Exhibit A
components to include irrigation controllers, valves, sprinkler heads, and with all
br"ands 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
Sports Complex MSC-489
2 The use of water is prohibited for cleaning purposes unless no other means of effective
cleaning or unless otherwise specified Contractor shall be responsible for the periodic
inspection and cleaning of all catch basins, drain lines and curb drains within a park site
Any damages resulting from the Contractor's negligence of these inspections and/or lack
of corrective measures shall be the Contractor's sole responsibility Expansion joints or
cracks in pavement areas shall be spot treated with a combination of non -selective
contact herbicide as needed for weed control
3 Fountains
The following treatments shall be included Treatment of water with algaecides, filter
cleaning, pool sweeping, water line scrubbing, debris removal, light bulb replacement as
needed Pump or pool repairs when needed along with pool repainting. Since the water
fountains run continuously it is imperative that Contractor monitor the algaecide tablets
at all times If soap is deposited in fountains, Contractor shall drain and clean it or add a
state -approved defoamer
4 Performance Requirements for Hardscapes
During each site visit concrete and asphalt areas, including driveways, parking areas,
sidewalks, curb and gutters, expansion joints and walls adjacent to city landscape shall
be kept clear of dirt, mud, trash, weeds and any other substances which are either
unsightly or unsafe
XIII PROTECTION OF SPORTS FIELDS
The City shall be responsible for maintaining brick dust areas each softball/baseball
field The contractor shall perform mowing, trash removal and watering operations in a
manner as not to inhibit the grooming of infields or disturb infields that have already
been groomed
XIV EXHIBITS
A
Weekly Inspection Sheet
B
Deficiency Notice
C
Map
D.
Sample Contract
E
Insurance Requirements
21
Sports Complex MSC489
EXHIBIT A
MSC-489 Sports Complex Maintenance Services
Weekly Inspection Sheet Exhibit A
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)
J.
TURF:
EXHIBIT B
CONTRACTOR:
LOCATI ON-
DATEINSPECTED
INSPECTED BY
CITY OF HUNTINGTON BEACH
LANDSCAPE MAINTENANCE
CONTRACT DEFICIENCY NOTICE & PUNCHLIST
Bare Areas / Overseed
Dead / Stressed
Mowing / Edging
Fertilize
HAR DSCAPE/STRUCTURES/WALLS
Clean Walks / Gutter
Clean Drams / Vee Ditch
GROUND COVER
Missing / Replant
Dead / Stressed
Trim Walks / Fences
Trim Heads / Boxes
Weeds - Grassy
LIGHTING
Non -operational
SHRUBS -
Missing / Replant
Dead / Stressed
TREES
Missing / Replant
Dead / Stressed
Arborguard Weeds
IRRIGATION:
Broken Heads
Missing Heads
Leaning Heads
Stake Heads
Box / Lid Conditions
Arc Adjust
Comments
Received by -
Signature
Weeds - Grassy
Weeds - Broadleaf
Aeration / Verticutting
Clippings / Debris
Graffiti Removal
Hazardous Conditions
Weeds - Broadleaf
Fertilize
Pests
Rodents
Clippings / Debris
Broken / Damaged
Fertilize
Trim / Prune
Fertilize
Thin / Prune / Suckers
Pests
Clogged Nozzles
Leaky Seals
Valve Condition/Leak
Programming
Turf Overwater
Turf Underwater
Date Print Name
Erosion / Depressions
Rodents
Weeds
Cultivation
Erosion/Depressions
Buffer Zone Maint
Timer Programming
Pests
Stakes / Arborguard
Water Fountains
G C Overwater
G.0 Underwater
Shrubs Overwater
Shrubs Underwater
Trees Overwater
Trees Underwater
MSC-489 Sports Complex Maintenance Services
Exhibit A
EXHIBIT C
LOCATION MAP
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MSC-489 Sports Complex Maintenance Services
Exhibit A
EXHIBIT D
SAMPLE CONTRACT
Sample contract is included as a representation of terms and conditions.
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
MSC-489 Sports Complex Maintenance Services
Exhibit A
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, arising directly or indirectly
out of the obligations or operations herein undertaken by,Contractor, caused in whole or in part by
any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, including but not
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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 lnnit 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 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/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
MSC-489 Sports Complex Maintenance Services
Exhibit 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 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
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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. Tlus 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 parry, or anyone acting on behalf of any
parry, 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
MSC-489 Sports Complex Maintenance Services
Exhibit A
will be sent by notifying the other party via personal delivery, a reputable overnight 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
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date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an'origmal 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, mantal 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.
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MSC-489 Sports Complex Maintenance Services
Exhibit A
29. Professional Licenses
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Huntington Beach and all other governmental agencies. Contractor shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
30. Attorney's Fees
In the event suit is brought by either party to construe, interpret and/or enforce the terms
and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its
own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees
from the nonprevailing party.
31. Survival
Terms and conditions of this Agreement, which by their sense and context survive the
expiration or termination of this Agreement, shall so survive.
32. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of
California.
33. Signatories
Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully for any injuries or damages to City in the event that such authority or power is
not, in fact, held by the signatory or is withdrawn
34. Entire
(a) The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement The parties also
acknowledge and agree that no representations, inducements, promises, agreements or warranties,
oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are
not embodied in this Agreement, and that that party has not executed this Agreement in reliance on
any representation, inducement, promise, agreement warranty, fact or circumstance not expressly
set forth in this Agreement.
(b) All Exhibits referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement
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35. Effective Date
IN WITNESS WHEREOF, the parties hereto have caused tlus Agreement to be executed by
and through their authorized officers This Agreement shall be effective on the date of its approval
by the This Agreement shall expire when terminated as provided
herein.
CONTRACTOR
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
print name Mayor
ITS: (circle one) Chauman/PresidentNice President
0
print name
ITS. (circle one) Secretary/Chief Fmancial
Ofcer/Asst Secretary - Treasurer
REVIEWED AND APPROVED•
City Administrator
City Clerk
INITIATED AND APPROVED -
Chief
APPROVED AS TO FORM -
City Attorney
Director /
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CONTRACTOR
print name
ITS: (circle one) Chamnan/President/Vice President
raw
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst Secretary - Treasurer
MSC-489 Sports Complex Maintenance Services
Exhibit A
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
City Administrator
INITIATED AND APPROVED:
Chief
APPROVED AS TO FORM:
City Attorney
Director /
kcdesktop 9 of 11
CONTRACTOR
By:
pnnt name
ITS: (circle one) Chairman/President/Vice President
0
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst Secretary - Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Chief
APPROVED AS TO FORM:
City Attorney
Director /
kcdesktop 9 of 11
MSC-489 Sports Complex Maintenance Services
Exhibit A
EXHIBIT E
INSURANCE REQUIREMENTS
aj
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 maybe
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 carver with a current A M
Best's Rating of no less than A VII
1. CONTRACTORS — Any persons or entities or Contract with the City and/or provide service to the City
which are readily available and efficiently procured by competitive bidding
Requirements General Liability, Workers' Compensation, Auto Liability, Additional Insured
Endorsements
2. DESIGN PROFESSIONALS- Professional Service contractors who contract with the City and/or
provide architectural and/or engineering services to the City
Requirements Errors and Emissions (Professional Liability) $1, 000, 000 coverage
3. LICENSEES/LESSEES — any person or entities who make contract with the city for the use of public
property
Requirements General Liability, Workers' Compensation, Property Insurance (full replacement costs with
no coinsurance penalty provision), 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
Requirements General Liability, Workers' Compensation, Auto Liability, Additional Insured
Endorsements
5. PROFESSIONAL SERVICES — means those services, which involve the exercise of professional
discretion and independent judgment on an advanced or specialized knowledge, expertise or training gained
by formal studies or experience or services which are not readily or efficiently procured by competitive
bidding pursuant to Huntington Beach Municipal Code Section 3 02 Such Services shall include but not be
limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance
advisors, physicians and other specialized consultants
Requirements Errors and Emissions (Professional Liability) $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
MSC-489 Sports Complex Maintenance Services
➢ 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 ansing 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 - $1,000
o Professional Liability/Errors & Emissions - $10,000
➢ Waiver Procedure— If unable to comply with a requirement, the "INSURED" may request a
waiver of a specific requirement The Insurance Waiver form is an internal form that the City of
Huntington Beach will complete. (see following page for waiver form) The exception to the
waiver is the G/L & Auto "Additional Insured Endorsement" page.