Loading...
HomeMy WebLinkAboutSpectrum Care Landscape & Irrigation Management - 2013-09-30 CITY OF HUNTINGTON BEACH Brian L.Williams Senior Trial Counsel Michelle azy OFFICE OF THE Deputy Community Pr ohcutor Pal D'Alessandro CITY ATTORNEY Assistant City Attorney Scott Field Michael E. Gates P.O.Box 190 Sr.DeputyCi Attorney City Attorney 2000 Main Street Neal Moore Huntington Beach,California 92648 Sr.Deputy City Attorney Mike Vighotta Telephone: (714)536-5555 Daniel K Ohl Chief Assistant City Attorney Facsimile: (714)374-1590 Deputy City Attorney July 11, 2017 Chad V. Haes Marshack Hays LLP 870 Roosevelt Irvine, CA 92620 Re: Oxygen Funding, Inc. v. Spectrum Care, et al. Case No. 6:16-BK-21090-SY Dear Mr. Haes: This will confirm our telephone conversation on July 11, 2017 regarding the subpoena you have served on the City of Huntington Beach in the matter noted above. As noted, the City typically receives a payment of$15 up front as copying costs for the records sought. In this instance,we have agreed that upon receipt of the records, you will provide timely payment of this amount. Thank you for your courtesy and cooperation. Very truly , L K. HL Deputy City Attorney 17-5910/161682/DO Slobojan, Jim From: DeLaTorre, David Sent: Thursday, October 27, 2016 1:08 PM To: Slobojan, Jim Cc: Bacon, Denny Subject: FW: Spectrum Care Hi Jim, Here is the email you requested. Thank you -----Original Message----- From:John Hall [mailto:jhaUQsoecuumcarelandscape.com] Sent:Wednesday, October 05,2016 4:59 PM To: DeLaTorre,David Subject: Spectrum Care Hi David, As of October 4,2016, Spectrum Care Landscape has officially ceased operations.We are deeply sorry for any inconvenience this has caused. It's been our pleasure to serve the city for so many years and wish the you well. Sincerely, John Hall Spectrumcare 1 MAINTENANCE SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SPECTRUM CARE LANDSCAPE& IRRIGATION MANAGEMENT FOR LANDSCAPE MAINTENANCE - FACILITIES 12-13, MSC-487 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, Spectrum Care Landscape & Irrigation Management, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for services, hereinafter referred to as "PROJECT," generally described as park maintenance services within the City of Huntington Beach and more specifically described in the Bid Documents and Specifications for Landscape Maintenance—Facilities 12-13, MSC-487, 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 13-3894/100725 1 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 13-3894/100725 2 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 ansmg 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 anse 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 One Hundred Fifty-Four Thousand Two Hundred Six Dollars per year ($154,206) 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 13-3894/100725 3 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 by 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 13-3894/100725 4 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 assigrunent 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 13-3894/100725 5 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 13-3894/100725 6 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 13-3894/100725 7 (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 13-3894/100725 8 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 13-3894/100725 9 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 13-3894/100725 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 ansmg out or in connection with the PROJECT, and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($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 13-3894/100725 11 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 13-3894/100725 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 13-3894/100725 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 John Hall, President City of Huntington Beach Spectrum Care Landscape & Irrigation 2000 Main Street Management Huntington Beach, CA 92648 27181 Burbank Foothill Ranch, CA 92610 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 ansing out of this Agreement 27 RESERVED 13-3894/100725 14 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement 29 IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U S C Section 1324a regarding employment verification 30 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY, and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR 31 ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees 32 ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties 13-3894/1 00725 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on CONTRACTOR CITY OF HUNTINGTON BEACH, a SPECTRUM CARE LANDSCAPE& municipal corporation of the State of IRRIATION MANAGEMENT California By. Pa-s14-Pr —,:I�' � ,,-L= Jo Hall, President C Director of Publ Works A REVIEWED AND APPROVED. r.. "s 1. B K Tyne oetz,4Sdri!5C U Director of Finance (HBMC§3 02 050(b)) REV AND APPROVED APPROVED AS TO FORM ity Manager Cit Attorney �� �I Receive and File o ' CV City C erk kJ: ri -11-11 0 016 c. 1 C-),.c .Q N a 13-3894/100725 16 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A BID DOCUMENTS AND SPECIFICATIONS for LANDSCAPE MAINTENANCE FACILITIES 12-135 MSC-487 in the CITY OF HUNTINGTON BEACH 5 �r • it„1909, TABLE OF CONTENTS Landscape Maintenance—Facilities 12-13, MSC 487 SECTION TAB/PAGES Section A Invitation to Bid p 1 Section B Instructions to Bidders B1 — B4 Section C Proposal p C1 —C34 Specifications Specifications, p 1 - 21 Exhibits Exhibits A through H MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A SECTION A INVITATION TO BID Landscape Maintenance - Facilities, MSC 487 NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated maintenance services and will receive such bids in the office of FINANCE-PURCHASING, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2 00 p m on MAY 16, 2013 The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders Pre-Bid Meeting A mandatory pre-bid meeting will be held on THURSDAY, APRIL 25, 2013 at 1 00 p m , for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site(s) Pre-bid meeting will be held at City of Huntington Beach Corporation Yard, 17371 Gothard Street, Administration Building A, Huntington Beach, CA 92647 Sign-in will be required to verify attendance Project Description The project consists of specified landscape maintenance tasks at 23 city facilities Such tasks include but are not limited to weekly grounds maintenance, irrigation systems maintenance, trash removal, and chemical application to be performed on a pre- determined schedule at regular intervals Proposal Guarantee: The bid must be accompanied by a bidder's bond, certified check, or cashier's check made payable to the AGENCY for an amount no less than 10% of the amount bid The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days SECTION B Landscape Maintenance - Facilities, MSC 487 INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the bid proposal forms provided by the AGENCY All information requested therein must be clearly and legibly set forth in the manner and form indicated The AGENCY will reject any proposal not meeting these requirements The bid shall be filed with Finance Dept-Purchasing, City Hall, 2000 Main Street, Huntington Beach, CA 92648 and shall be endorsed with the Project Title as it appears below Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection The complete proposal forms shall be without interlineations, alterations or erasures Alternative proposals will not be considered unless requested No oral, telegraphic, telephonic, or modifications will be considered Electronic proposals may be specifically authorized and required by AGENCY The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal Any proposal not accompanied by such a guarantee will not be considered Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given, if it is made by a firm, it shall be signed with the co-partnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given, and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given 4. Delivery of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside "SEALED BID" ATTN: FINANCE DEPT.--PURCHASING For Landscape Maintenance Contract- Facilities—MSC 487 CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL B-1 MSC-487 Landscape Maintenance-Facilities 12-13 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 that any bidder acting as a prime contractor has an interest in more than one proposal per project, all such proposals will be rejected and the bidder will be disqualified If there is reason for believing that collusion exists among any or all of the bidders, any or all proposals may be rejected Proposals in which the prices are obviously unbalanced may be rejected 9. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the classification C27 in accordance with the provisions of Public Contract Code Section 10164, and a copy of this license must be included with the bid proposal 10. References All reference information called for in the bid proposal must be submitted with the bid proposal 11. Subcontractors No subcontractors shall be used for any portion of this contract 12. Discrepancies and Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or B-2 should he be in doubt as to their meaning, he shall notify the AGENCY in writing not later than five (5) working days prior to Bid deadline Should it be found necessary, a written addendum will be sent to all bidders and/or posted on the City's website Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination No verbal agreement or conversation with any officer, agent or employee of the City either before or after the execution of this contract shall effect or modify any of the terms or obligations herein contained 13. Equivalent Materials Requests for the use of equivalents to those specified must be submitted to the AGENCY ten (10)working days prior to the need of such materials Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent 14. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith This contract provides for a maintenance and service activity that is of municipal concern As such, it is not subject to the payment of prevailing wages 15. Award of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated 16. Term of Agreement The term of this agreement shall be three (3) years The contract may be renewed by mutual agreement of both parties for one (1) additional two-year (2-year) term City does not have to give reason if it elects not to renew If City and contractor are unable to agree on a mutually acceptable contract, the agreement shall be terminated Contractor, in addition to the annual contract price, may request a cost of living increase, if any This cost of living increase shall be based on the percentage of increase in the Los Angeles- Orange-Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area from March to March of the preceding twelve (12) months, not to exceed 3 5% On or before April 30 following one full year of service, and on or before April 30 of each year thereafter during the term of this Agreement, Contractor may request in writing from City a cost of living increase, if any, and the additional amount of money requested by Contractor Such increase shall be effective for the period of October 1 through the following September 30 If the additional amount of money requested is acceptable to City, City shall pay such B-3 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A additional compensation to Contractor commencing with the October billing penod 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 penods 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 specked 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 fads to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder If the second lowest responsible bidder fads 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 Pnor 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 B-4 INTENTIONALLY BLANK MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A ' SECTION C PROPOSAL for the Landscape Maintenance Services - Facilities, MSC 487 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Instructions to Bidders,the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor,material,equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the Fiscal Services office of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the Maintenance Operations Manager of the City of Huntington Beach,and to enter into a contract at the following prices. BIDDER declares that this proposal is based upon careful examination of the work site,plans,specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work,that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties,fees,etc.,and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid,unit prices shall govern over extended amounts,and words shall govern over figures. If awarded the Contract,the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid, find NAW5 Nhd in the amount of$ 10 0 which said amount is not less than 10%of the aggregate of the total bid price,as required by the Instructions to Bidders, payable to the AGENCY. (Please insert the words "Cash", "Certified Check",or"Bidder's Bond",as the case may be). Bidder shall signify receipt of all Addenda here,if any: C-1 (MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A Dale 8 nat� C-2(MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A PROJECT BID SCHEDULE City of Huntington Beach Landscape Maintenance Services-Facilities—MSC 487 Base Bid items: t , J Mein No. item *id + , Amount Provide Landscape Maintenance Services per i specifications and exhibits—MONTHLY OPTION A SCHEDULE d I' S i IB Provide Landscape Maintenance Services per BASE BID specifications and exhibits—ANNUAL OPTION A SCHEDULE TOTAL AMOUNT OF BASE BID IN FIGURES $ TOTAL AMOUNT OF BASE BID IN WORDS ON5 9WW F(pffi-TWo (�IoutSirNQ, ��N� "VA" PW 2600 jQVis, The base bid item will be used for comparison of bids and to determine the lowest bidder. Additive bid items may be awarded at the discretion of the AGENCY. Additive Bid Items: Item No. Item Bid Amount Provide Landscape Maintenance Services per A-I specifications and exhibits at Ocean View Estates— $ ia30 MONTHLY OPTION A SCHEDULE C-3 (MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A BEACH OPERATIONS YARD 8669 Edison Ave.,RD 474 Landscaped Area: 5,356 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS K4INTENANCE PLANTER MAINTENANCE Weekly # 1�6 Biweekly LITTER REMOVAL Weekly Biweekly RODENT CONTROL Monthly 0 1 6X per year 56 CHEMICAL APPLICATION PRE-EMERGENCE PLANTER BEDS 2X per year IX per year AERATE&FERTILIZE FERTILIZE PLANTERS I per year / NA WOOD CHIP PLANTERS IX per year ✓ NA MONTHLY ANNUAL MONTHLY ANNUAL GRANDOPTION AA GRAND�6�1 a�b$' O T O B #)101' T 1a19 C-4(MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A BOLSA CHICA FLOOD CONTROL PUMP STATION 18401 Springdale St.,RD 197 Landscaped Area: 1,200 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly BiweeklyZ� LITTER REMOVAL Weekly. . . "I Biweekly RODENT CONTROL Monthly 6X per year CHEMICAL APPLICATION PRE-EMERGENCE 5� PLANTER BEDS 2X per year I 1 X per year AERATE&FERTILIZE FERTILIZE PLANTERS 1 X per year NA WOOD CHIP PLANTERS I per year NA MONTHLY ANNUAL MONTHLY ANNUAL GRAND TOTAL GRAND TOTAL OPTION A 5�6 OPTION B Z3 alb C-5 (MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A CITY GYM&POOL(GROUNDS&PARKING LOT) 1600 Palm Ave.,RD 441 Landscaped Area: 21,780 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE TURF MAINTENANCE Week d�5 Biweekly CLIPPING REMOVAL Weekly A Biweekly LITTER REMOVAL Week w Biweekly too/ RODENT CONTROL Month 4) 20 1 6X per year 10 CHEMICAL APPLICATION EDGE TURF AREAS 6X per year '� 3X ver year — I PRE-EMERGENCE Z� Z 10 � PLANTER BEDS 2X per year 1X POT Year AERATE&FERTILIZE FERTILIZE TURF 5X per year d' / 2X per year FERTILIZE PLANTERS IX per year ID NA AERATE TURF PLUG TYPE 5X per year 0 2X per year VERTICAL MOW RENOVATION IX per year 1' NA WOOD CHIP PLANTERS IX per year NA MONTHLY ANNUAL M MONTHLY ANNUAL GRANDD TOTAL OPTION A � 31b�15� GRANOPTION B 1' 13� `z �1661 0- C-6(MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A CIVIC CENTER 2000 Main St.,RD 431 Landscaped Area: 457,155 square feet FREQUENCY FREQUENCY MONTHLY FUNCTION OTY OPTION A MONTHLY COST OPTION B COST EMPTY TRASH CANS 2 2x per week 32 l 1 X per week Z� GROUNDS MAINTENANCE TURF MAINTENANCE Weekly �b Biweekly CLIPPING REMOVAL Weekly A Biweekly '-V i LITTER REMOVAL Weekly ov Biweekly RODENT CONTROL Monthly 5 / 6X per year 5 / RAISED PLANTERS QTY WEEDING 16 Weekly t Biweekly REPLACE ANNUAL COLOR 4 4X per year 100 2X per year t CHEMICAL APPLICATION EDGE TURF AREAS 6X per year 3X per year zly PRE-EMERGENCE PLANTER BEDS 2X per year I bb 1 X per year 63 AERATE&FERTILIZE FERTILIZE TURF 5X per year 160 oe 2X per year to69 / i FERTILIZE PLANTERS I per year 4D NA >< AERATE TURF i �p PLUG TYPE) 5X per year 2X per year 3 i VERTICAL MOW RENOVATION I per year NA i WOOD CHIP PLANTERS IX er ear NA 1>< MONTHLY ANNUAL MONTHLY ANNUAL GRAND OPT ON A O306�I.�14�,�1q GRAND OPTION s p)q231-5 C-7(MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A DON KISER CORPORATION YARD 17371 Gothard St.,RD 271 Landscaped Area: 89,300 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE C PLANTER MAINTENANCE Weekly B1N,e 7 S LITTER REMOVAL Weekly �13 Biweekly2(' RODENT CONTROL Monthly —76X per year W i CHEMICAL APPLICATION PRE-EMERGENCE PLANTER BEDS 2X per year 7T 1 X per year l� AERATE&FERTILIZE 1 FERTILIZE PLANTERS 1 X per year NA WOOD CHIP PLANTERS 1X per year NA MONTHLY ANNUAL MONTHLY ANNUAL GRANDOPTION TOTAL egg / I�I�1 GRAND TOTAL OPTION B 4 C-8(MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A DOWNTOWN COMMERCIAL DISTRICT Main St./51h St. Landscaped Area: 96,532 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE 0 TURF MAINTENANCE Weekly �15 Biweekly6 22- S/ CLIPPING REMOVAL Weeklyoe Biweekl 6Ho 0 vo LITTER REMOVAL 2X per week 1X per week RODENT CONTROL Months W �d 6X per year RAISED PLANTERS QTY oe WEEDING 13 Weeks `N °� Biweekly REPLACE ANNUAL t 103 i COLOR 13 4X per year 3b6 2X per year OJ CHEMICAL APPLICATION EDGE TURF AREAS 6X per year 3X per year N PRE-EMERGENCE y�, 6 5/ PLANTERBEDS 2X per year IX per year I AERATE&FERTILIZE / t! FERTILIZE TURF 5X per year 2X r year o� FERTILIZE PLANTERS I X per year 12 ' NA AERATE TURF PLUG TYPE) 5X per year 2X per year I VERTICAL MOW RENOVATION IX per year I� NA WOOD CHIP PLANTERS I per year �d NA #,MONTHLY ANNUAL MONTHLY ANNUAL GRANDOPT ON A �la' / ��I � GRAND TOTAL 4 OPTION B C-9(MSC-487) i MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A EDWARDS FIRE STATION#6 18591 Edwards St.,RD 318 Landscaped Area: 24,000 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE TURF MAINTENANCE WeeklyZ 5 BiweeklyW ' CLIPPING REMOVAL Weekly Biweekly LITTER REMOVAL Weekly �00 Biweekly �00/ RODENTCONTROL Monthly `� 6X per year I r' CHEMICAL APPLICATION EDGE TURF AREAS 6X per year 3X per year PRE-EMERGENCE Z S 2 PLANTER BEDS 2X per year 0 1X per year �d AERATE&FERTILIZE 1 5 FERTILIZE TURF 5X per year ` � 2X per year '*r FERTILIZE PLANTERS 1X per year ' S/ NA AERATE TURF / $� PLUG TYPE 5X per year 2X per year ' VERTICAL MOW RENOVATION I per year I NA h i WOOD CHIP PLANTERS I per year V NA MONTHLY ANNUAL MONTHLY ANNUAL GRAND TOTAL ��4 � � �) / GRA OPTION B FO'IV*Ra C-10(MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A EDWARDS HILL RESERVOIR 6401 Overlook Dr.,RD 318 Landscaped Area: 35,000 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTERMAIIVTENANCE Weekly Biweekly ��' 50 50 LITTER REMOVAL Weekly `� a) Biweekly 10 i RODENT CONTROL Monthl 6 IS/X per year � CHEMICAL APPLICATION PRE-EMERGENCE ^ ld PLANTER BEDS 2X per year 1 X per year AERATE&FERTILIZE FERTILIZE PLANTERS 1 X er ear S NA WOOD CHIP PLANTERS 1X per year a� NA MONTHLY ANNUAL 'MONTHLY ANNUAL GRAND TOTAL � 'a56 � �15'o�a � GRANDOPTIOOPTION BF6�� C-11 (MSC487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A FLOUNDER FLOOD CONTROL PUMP STATION 9731 Flounder Dr.,RD 426 Landscaped Area: 1,108 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE i PLANTER MAINTENANCE Weekly3� Biweekly LITTER REMOVAL Weekly Biweekly RODENT CONTROL Monthly 6X per year 7 CHEMICAL APPLICATION PRE-EMERGENCE f0/ PLANTER BEDS 2X per year TIX per year AERATE&FERTILIZE FERTILIZE PLANTERS I per year I/ NA WOOD CHIP PLANTERS I per year ` NA MONTHLY ANNUAL _MONTHLY ANNUAL GRANDOPTION A 4 lag GRAND TOTAL aI Z5a OPTION B Ftb C-12(MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A i MALIBU FLOOD CONTROL PUMP STATION 22001 Malibu Lane,RD 485 Landscaped Area: 1,482 square feet FREQUENCY FREQUENCY , FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weeld Biweekly I LITTER REMOVAL Weekly Biweekly RODENT CONTROL Month f 6X pff year CHEMICAL APPLICATION PRE-EMERGENCE f�(J PLANTER BEDS 2X per yeaj I 1 X er ear AERATE&FERTILIZE FERTILIZE PLANTERS I X per year I NA I WOOD CHIP PLANTERS 1X per year ( / NA MONTHLY ANNUAL MONTHLY ANNUAL GRANDDTOTAL OPTION A � Jr�� � 6�6� GRA OPTION B C-13 (MSC487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A MARILYN FLOOD CONTROL PUMP STATION 6752 Marilyn Ln.,RD 169 Landscaped Area: 1,078 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly BiweeklyI� LITTER REMOVAL Weekly Biweekly � RODENT CONTROL Monthly 6X per year CHEMICAL APPLICATION PRE-EMERGENCE PLANTER BEDS 2X per year I 1X per year J AERATE&FERTILIZE FERTILIZE PLANTERS I X per year NA WOOD CHIP PLANTERS 1 X per year NA MONTHLY ANNUAL MONTHLY ANNUAL GRANDOPTION / GRA D TOTAL OPT ON B C-14 (MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A MEREDITH FLOOD CONTROL PUMP STATION 20192 Midland Dr.,RD 447 Landscaped Area: 1,102 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE f v/ PLANTER MAINTENANCE WeeklyW 36/ BiweeklyI 0 LITTER REMOVAL Weekly 06 Biweekly _T C � RODENT CONTROL Month 6X per year 5� CHEMICAL APPLICATION PRE-EMERGENCE / 50 PLANTER BEDS 2X er ear 1X per year AERATE&FERTILIZE FERTILIZE PLANTERS 1X per year I NA WOOD CHIP PLANTERS I per year NA MONTHLY ANNUAL MONTHLY ANNUAL GRAND TOTAL b L D GRA NOPT ON L OPTION A I J C-15 (MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A NEWLAND HOUSE AND BARN 19822 Beach Blvd.,RD 433 Landscaped Area: 43,560 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST EMPTY TRASH CANS 2 2x per_,. � 1X week_[� ' 5d GROUNDS MAINTENANCE TURF MAINTENANCE Weekly ` )15/ BiweeklyIt' J�5 CLIPPING REMOVAL Weekly ter Biweeld LITTER REMOVAL Weekly 86 Biweekly RODENT CONTROL Monthly 10/ 6X per year CHEMICAL APPLICATION EDGE TURF AREAS 6X per year V 3X per year I PRE-EMERGENCE h� PLANTER BEDS 2X per year 1 X per yew � IV AERATE&FERTILIZE FERTILIZE TURF SX per year �� 2X per year l i FERTILIZE PLANTERS 1X per year NA AERATE TURF I� / b PLUG TYPE 5X per year 2X per year VERTICAL MOW RENOVATION 1X per year V 5 NA WOOD CHIP PLANTERS IX per year 10/ NA MONTHLY ANNUAL MONTHLY ANNUAL GRAND TOTAL 6�a GRAND TOTAL 1�Zi OPTION A s)1053 5 'o �� OPTION B C-16(MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A PARK,TREE,AND LANDSCAPE YARD 17581 Gothard St.,RD 281 Landscaped Area: 6,160 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE WeeklyBiwe&l LITTERREMOVAL Week) I Biweekly 10 S� RODENT CONTROL Monthl / 6X per year ' CHEMICAL APPLICATION PRE-EMERGENCE 5 S� PLANTER BEDS L2X per year 1X per year AERATE&FERTILIZE FERTILIZE PLANTERS 1 X er ear I/ NA WOOD CHIP PLANTERS 1X per year / NA MONTHLY ANTALUNUAL MONTHLY ANNUAL G ND TTAL OPTION A Z�b 02115 21 0 5 G� OPTION B Lo 11 o 1'7 go C-17(MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A PECK RESERVOIR 14561 Springdale St.,RD 127 Landscaped Area: 15,000 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE TURF MAINTENANCE Weekly 1601**- Biweekly CLIPPING REMOVAL Weekly to f Biweekly LITTER REMOVAL Weekly / Biweekly6s/ RODENTCONTROL Monthly 010 6X per year CHEMICAL APPLICATION EDGE TURF AREAS 6X per year 3X per year PRE-EMERGENCE PLANTER BEDS 2X per year 1 X per year AERATE&FERTILIZE FERTILIZE TURF 5X per year ' / 2X per year / FERTILIZE PLANTERS IX per year 1 5/ NA AERATE TURF / 3• PLUG TYPE 5X per year 2X per year VERTICAL MOW RENOVATION IX per year 's NA WOOD CHIP PLANTERS IX per year w NA MONTHLY ANNUAL MONTHLY ANNUAL GRA O TO TAL A 5 ��3�6 ] GRAND TOTAL B O 6� lin C-18 (MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A RODGERS SENIOR CENTER 1706 Orange Ave.,RD 349 Landscaped Area:21,780 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE TURF MAINTENANCE Weekly ` / Biweekly �S CLIPPING REMOVAL Weeldy Biweekly LITTER REMOVAL Weekly Biweeld RODENT CONTROL Monthly 20 6X per year CHEMICAL APPLICATION EDGE TURF AREAS 6X per year ` '� 3X per year r PRE-EMERGENCE / SQ PLANTER BEDS 2X per year 5 I X per year AERATE&FERTILIZE 15/ � FERTILIZE TURF SX per year 2X per year r FERTILIZE PLANTERS IX per year NA AERATE TURF ?�- (PLUG TYPE 5X per year 0 2X per year VERTICAL MOW RENOVATION IX per year NA WOOD CHIP PLANTERS IX per year Za NA MONTHLY ANNUAL MONTHLY ANNUAL GRAND OPTION A s 61 S/ 'o � 10, GRA OPTION BDTOTALF Sal' 31S60 C-19(MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A SCENARIO FLOOD CONTROL PUMP STATION 4742 Scenario Dr.,RD 155 Landscaped Area: 792 square feet i FREQUENCY FREQUENCY ' FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST i GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly Z6 Biweekly LITTER REMOVAL Weekl / Biweekl Y► 'S/ RODENT CONTROL Monthly 6X per yew ' CHEMICAL APPLICATION PRE-EMERGENCE PLANTER BEDS 2Xper year I'' 1 X per year AERATE&FERTILIZE FERTILIZE PLANTERS IX per year NA WOOD CHIP PLANTERS IX per year / NA MONTHLY ANNUAL MONTHLY ANNUAL GRAND TOTAL ` �,,�/ GRAND TOTAL ���' / OPTION A OPTION B 6 C-20(MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A SHIELDS FLOOD CONTROL PUMP STATION 6200 Shields Dr.,RD 168 Landscaped Area: 800 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly �'b/ Biweekl LITTER REMOVAL Weekly Biweekly RODENT CONTROL Monthly 6X Der vear CHEMICAL APPLICATION PRE-EMERGENCE PLANTER BEDS 2X per year 1X per year AERATE&FERTILIZE FERTILIZE PLANTERS 1X per year I NA WOOD CHIP PLANTERS 1X er ear I NA MONTHLY_ ANNUAL MONTHLY ANNUAL GRANDOPTION �� 31a GRANDOPTION B `k I C-21 (MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A UTILITIES YARD(aka WATER OPERATIONS) 19001 Huntington St.,RD 422 Landscaped Area:23,200 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE 4 PLANTER MAINTENANCE Weald Biweek �N 3Q. S� LITTER REMOVAL Weeklyo) Biweekly 'b RODENT CONTROL Monthly 6X per year CHEMICAL APPLICATION PRE-EMERGENCE / / PLANTER BEDS 2X per year 2a 1 X per year D AERATE&FERTILIZE qq FERTILIZE PLANTERS 1X er ear r S� NA WOOD CHIP PLANTERS 1X per year w/ NA MONTHLY ANNUAL MONTHLY ANNUAL GRANDOPTION A � �,�v�1$b ' GRA opTION F C-22(MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A WARNER FIRE STATION/PARICING LOT 3831 Warner Ave.,RD 173 Landscaped Area: 14,950 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Week Iv Biweekly Q LITTER REMOVAL Weed Biweekly i RODENT CONTROL Monthl � � 6X per year � CHEMICAL APPLICATION PRE-EMERGENCE ET PLANTERBEDS 2X er ear I Mr year 1+' 10/ AERATE&FERTILIZE FERTILIZE PLANTERS 1X ver year NA I WOOD CHIP PLANTERS I per year t 15 / NA ,q,MONTHLY ANNUAL MONTHLY ANNUAL GRANDOPTION A 'q'�d�' 8i6 GRAND P TOTAL T ON B FO 9'5' 033,66 C-23 (MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A WELL SITE#1 15041 Capetown Ln.,RD 138 Landscaped Area: 1,218 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly 4) �U / Biweekly LITTER REMOVAL Weekly / 5 Biweekly RODENT CONTROL Monthl y I 6X per year CHEMICAL APPLICATION PRE-EMERGENCE / PLANTER BEDS 2X per year 1X per year AERATE&FERTILIZE FERTILIZE PLANTERS 1X er ear NA WOOD CHIP PLANTERS IX per year W NA MONTHLY ANNUAL MONTHLY ANNUAL GRAND TOTAL OPTION A �� / �S�S/ GRA O T O B �3� 0 29 i C-24(MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A WELL SITE#3a 17031 Oak Ln.,RD 272 Landscaped Area: 575 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE µ PLANTER MAINTENANCE Weekly Biweekly � q LITTER REMOVAL Weekly $ Biweekly RODENT CONTROL Monthty I 6X per year CHEMICAL APPLICATION PRE-EMERGENCE PLANTER BEDS 2X per year I 1X er ear `� AERATE&FERTILIZE FERTILIZE PLANTERS 1X er ear I NA WOOD CHIP PLANTERS 1X er ear , NA MONTHLY _ ANNUAL MONTHLY ANNUAL GRAND TOTAL 1 , GRAND TOTAL OPTION A d 3 OPTION B C-25 (MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A WELL SITE#5 8651 Warner Ave.,RD 264 Landscaped Area:2,160 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weekly y+ Biweekly s�- LITTER REMOVAL Weekly Biweekly � RODENT CONTROL MonthlyI 6X per year CHEMICAL APPLICATION PRE-EMERGENCE / 5� PLANTER BEDS 2X per year 1 X per year AERATE&FERTILIZE FERTILIZE PLANTERS IX per year I NA WOOD CHIP PLANTERS 1X per year NA MONTHLY ANNUAL MONTHLY ANNUAJL GRANDOPTION A GRAND TOTAL OPTION B C-26(MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A WELL SITE#9 8851 Warner Ave.,RD 264 Landscaped Area:450 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE PLANTER MAINTENANCE Weeldy Biweekly LITTER REMOVAL Weekly Biweekly RODENT CONTROL Monthly 6X per year CHEMICAL APPLICATION PRE-EMERGENCE I �� PLANTER BEDS 2X per year IX per year AERATE&FERTILIZE FERTILIZE PLANTERS IX per year NA WOOD CHIP PLANTERS IX per year / NA MONTHLY ANNUAL MONTHLY ANNUAL GRANDOPTION A �g� GRAND TOTAL / / OPTION BFo 0 13a C-27 (MSC487) MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A ADDITIVE BID LOCATION-OCEAN VIEW ESTATES 7051 Ellis Ave.,RD 20 acres,87,120 square feet FREQUENCY FREQUENCY FUNCTION QTY OPTION A MONTHLY COST OPTION B MONTHLY COST GROUNDS MAINTENANCE C TURF MAINTENANCE Weekly ��d Biweekly CLIPPING REMOVAL Weekly Biweekly LITTER REMOVAL Weekly16a Biweekly RODENT CONTROL I MonthlyOb 6X per year 1Id CHEMICAL APPLICATION EDGE TURF AREAS 6X per year 3X per year PRE-EMERGENCE PLANTER BEDS 2X per year L I X per year I� AERATE&FERTILIZE FERTILIZE TURF 5X per year l5 2X per year FERTILIZE PLANTERS 1X per year NA AERATE TURF PLUG TYPE)_ 5X per year / 2X per year VERTICAL MOW RENOVATION I per year NA WOOD CHIP PLANTERS IX per year "� NA MONTHLY ANNUAL MONTHLY ANNUAL GRAND / )V bG/ GRA OPTION B O OPTION A 30 5 G� I C-28 (MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 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 6,a-13,at FAM111 0 , lA Date City State 'VU }1A61 ,being first duly sworn,deposes and says tha:6 or she is 9044W of "WWIF the party making the foregoing bid that the bid is not made in threst 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, conmved,or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;that the bidder has not in any manner,directly or indirectly,sought by agreement,communication, or conference with anyone to fix the bid price,or that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true;and,further, that the bidder has not, directly or indirectly,submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto,or paid,and will not pay fee to any corporation,partnership,company association, organization,bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. I�MmCW L* Name of Bidder �k W Si tune of Bidder nAl 6160(5� ptN1l� c(�-C�tia610 Address of Bidder C-29(MSC-487) MSC-487 Landscape Maintenance-Facilities 12-13 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. 60P .zMmLd2� I dScAlf� Company Name Signa of Bidder �am MLL Printed or Typed Signature Subscribed and sworn to before me this_day of ,201 NOTARY PUBLIC 0_& 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 l I iy Ole 66W Name d Address of Public Agency Name and Telephone No. of Project Manager- bti v wor im-31 A50 000 MAtord PAM,MEOW, POA-6iP5 ,f0pop ON-9111 , Contract Amount Type of Work Date Comp eted 2 6I4I 6F ffi155JPWV1 - - -- - - __ Name and Address of Public Agency Name and Telephone No. of Project Manager: MI �� 09 7yq y�0' add 5� 469 �(o - MAI MOO, _0tJ_ i!Lq� Contract Amount Type of Work Date Completed 3. _ 61� JF 1& 0 Name d Address of Public Agency Name and Telephone No of Project Manager ml2,ODD -- UWh Contract Amount Type of Work Date Completed C-34(MSC-487) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMt$ff Landscape Maintenance-Facilities 12-13 Exhibit A State of California County of Orange On �5,2.05 before me, Lisa Kitadani Hoffman,Notarublic personally appeared JOR N HAW-- who proved to me on the basis of satisfactory evidence to be the personK whose nanieK&re subscribed to the within instrument and acknowledged to me that &he/they executed the same in @i her/their authorized capacity(yes�f, and that byQher/their signature(s)on the instrument the personK,,or the entity upon behalf of LISA KITAOANI HOFFMAN which the person(,acted, executed the instrument. Commission#f 1873027 "-d Notary Public-California z z ' Orange County = I certify under PENALTY OF PERJURY under the laws My Comm Expires Jan 8,2014 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A�- �Q Ok� OPTIONAL Description of Attached Document Title or Type of Document: p1 12 BOW # 1313i;� Document Date:U V l 2{' Number of Pages. ' Signer(s)Other Than Named Above- Ak&&M 15 . GAI Capacity(ies)Claimed by Signer(s) Signer's Name: JM� Signer's Name: ❑Individual ;Ae al ' Morporatc Office-Title(s): p��IPWT te Officer- Title 0 Partner- OLimited O General ❑Limited eneral ❑Attorney in Fact in Fac ❑ Trustee❑ Guardian or Conservator or Conservator ❑Other:Signer is Represeatin :4�� epresenting: .ANC. Attach cumenc bears embossment INTENTIONALLY BLANK MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A GENERAL SPECIFICATIONS FOR PARK AND LANDSCAPE MAINTENANCE FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA ty 1 Work Schedule a The Contractor shall deliver to the City a complete park and landscape maintenance weekly work schedule along with the size of work crew and equipment summary sheet, prior to start of the maintenance contract b The City retains the right to have certain work sites maintained on certain days c Contractor is expected to have the same maintenance work crew assigned to its work sites at all times on a continuous basis d Contractor at no time shall leave a work site to complete another site or project, without having completed the work assignment for that day e All scheduled weekly/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 FACILITIES MSC-487 xi Contractor must maintain insurance as required by City during term of contract f Contractor must provide the following organizational information i Organization Chart inclusive of executives and descending to on-site crewleader ii Brief description of company personnel and training procedures iii The Contractor shall provide a qualified, English speaking crewleader or supervisor to oversee the work force A listing of guaranteed size of work force by job classification shall be provided to the City prior to beginning work iv The Contractor shall provide schedule of hourly rates for all job classifications to be used for determining cost of extras 8 Public Safety Where public safety is affected, the Contractor shall make immediate equipment repairs or removals of landscape and irrigation material and shall report such repairs or removals within 24-hours to the Maintenance Operations Manager or designee 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 carry personnel, supplies and equipment The firm 3 FACILITIES MSC-487 MSC-487 Landscape Maintenance-Facilities 12-13 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, nematoades, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants and repellents b Contractor shall apply spray chemicals when air currents are motionless preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project All chemical applications shall be recommended and supervised by the Contractor's state licensed Pest Control Advisor The Contractor's state licensed Pest Control Operator shall make application c Contractor shall submit a schedule of work plus name of any chemicals used, outlining date, location and work to be performed, four (4) days prior to the week of work Said schedule shall be submitted to the Maintenance Operations Manager or designate d The Contractor shall provide complete and continuous control and/or eradication of all plant pests or diseases The contractor shall obtain any necessary permits to comply with City, County, State, or Federal regulations or laws prior to commencement of work e Contractor will assume responsibility and liability for the use of all chemical controls Pests and diseases to include, but not limited to, all vertebrates, insects, aphids, mites, invertebrates, pathogens, and nematodes Controls to include necessary use of integrated pest control systems involving the use of life history information and extensive monitoring Control through prevention, cultural practices, pesticide applications, exclusion, natural enemies, biological control and host resistance f All material use shall be in strict accordance and applied within the most current EPA regulations and the California Food and Agricultural Code g City shall be notified prior to the applications of pesticides and other chemicals Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with Maintenance Operations Manager or designee Material use reports of all pesticides and chemicals shall be filed with the city no later than the 101h of every month of the preceding month h Application of Pesticides 4 FACILITIES MSC-487 i 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 u 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 vii Certification of Materials All materials shall be delivered on the site in original unopened containers Materials shall be subject to inspection by the Maintenance Operations Manager or designee vill All areas of the landscape shall be inspected on a weekly basis for infestations of harmful pests such as gophers, rabbits, squirrels, ants, insects, mites, snails and sow bugs Plants shall be observed closely for leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliation, or wilted ix Identify the cause of injury and consult a State of California Certified/Licensed Pest Control Advisor before application of chemical treatments x The State of California Agricultural Code requires that pest control chemicals may be used only after a written recommendation by a State of California 5 FACILITIES MSC-487 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A licensed Pest Control Advisor is obtained A recommendation consists of all the applicator should know for an accurate and safe usage 1 The recommendation must be time and site specific 2 Application of all pesticides shall be only by a properly State Licensed Pest Control Operator of a Certified Applicator of Pesticides 3 There shall be no application of a pesticide without written permission of the Maintenance Operations Manager or designee 4 In case a Restricted Use Pesticide is recommended, the City must be in receipt of use permit issued only by the County of Orange Agricultural Commissioner to the Contractor 5 Contractor shall apply spray chemicals when air currents are still, preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project 6 Contractor shall submit a schedule outlining date, location and work to be performed, four (4) days prior to the week of work Said schedule shall be submitted to the Maintenance Operations Manager or designee 13 Coordination Contractor shall coordinate work with the Maintenance Operations Manager or designee to prevent conflict with City programs and activities The Maintenance Operations Manager or designee's office is located at 17371 Gothard Street, Huntington Beach He may be reached by telephone at 7141536-5480 14 Water Conservation a Contractor shall, whenever possible, minimize the use of water during maintenance operations Watering equipment shall be kept in good working order, water leaks shall be repaired promptly, and washing of equipment, except when necessary for the safety of and for the protection of equipment, shall be discouraged In no case shall the Contractor use water to rinse or flush chemicals of any kind from equipment onto the work site and/or drainage or sewage systems b Contractor shall comply with City of Huntington Beach Storm Water and Urban Runoff Management Municipal Code Chapter 14 25 and with City of Huntington Beach Water Efficient Landscape Municipal Code Chapter 14 52 at all times 15 Sound Control Requirements a Contractor shall comply with all County sound control and noise level rules, regulations and ordinances and with City of Huntington Beach Noise Control Municipal Code Chapter 8 40, which apply to any work performed pursuant to the Contract, and shall make every effort to control any undue noise resulting from the operation 6 FACILITIES MSC-487 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 FACILITIES MSC-487 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A b Full scale blue line prints of the irrigation and planting plans will be made available to the Contractor upon request, for a fee of$10 00 per set per park (prices subject to change) 20 Exhibits Exhibits consist of Exhibit A through H 21 Air Pollution a Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract and shall not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority b Material to be disposed of shall not be burned 22 Inspection of Work and Deficiency Notice a The City and Contractor's representative shall make weekly inspections of all areas included in the contract The results of each inspection shall be recorded and retained for reference using a Weekly Inspection Sheet (Exhibit A) Thirty-two (32) hours shall be allotted monthly for inspection and contract supervision The Contractor shall compensate the City for all time required for inspection and supervision in excess of the above specified time, providing that i The excess time is, in the opinion of the City, required due to an inadequate level of maintenance, ii The Contractor has been informed of the deficiencies upon completion of weekly inspection, iii The Contractor has failed to correct said deficiencies within seventy-two (72) hours after notifications period Compensation shall be charged at a rate including actual time, mileage and fringe benefit costs incurred by the City iv If specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold payment from the Contractor in an amount specified in the Agreement until services are rendered in accordance with specifications set forth within this document and provided no other arrangements have been made between the Contractor and the City b Notices and penalties for non-performance are set forth as follows i Deficiency Notice (Exhibit C) The Contractor is required to correct deficiencies within the time specified by the City of Huntington Beach If the deficiency is not corrected within the time specified by the City, City forces will be called out to complete the work Such work shall be done on a force account basis with an additional call out charge of$75 00 per hour for each call-out Cali-out of City forces during off-hours, resulting from improper programming of sprinkler controllers, will be charged to the Contractor at time 8 FACILITIES MSC-487 and a half It also should be noted that there is a minimum two-hour charge for labor on any call-out ii Withholding of Payment Provided work under the Deficiency Notice has not been completed, payment for subject deficiency shall be withheld until deficiency is corrected, without right to retroactive payments iii The Contractor's representative shall contact the City on a regular basis for notification of special maintenance item(s) requiring correction iv The Contractor shall provide a Crewleader and maintenance crew at park and landscape sites weekly during normal working hours as determined by the City I SPECIAL PROVISIONS TRAFFIC AND DETOURS 1 Protection and Restoration of Existing Improvements a The Contractor shall relocate, repair, replace or re-establish all existing improvements within the project limits which are not designated for removal (e g , curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements and structures)which are damaged or removed as a result of his operations b Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements c Relocations, repairs, replacements or re-establishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified d All cost to the Contractor for protecting, removing, restoring, repairing, replacing, or re-establishing existing improvements shall be included in the bid in other items of work unless otherwise specified 2 Public Conveniences and Safety (Traffic and Access) a All traffic control shall be in accordance with the latest editions of the following documentation Caltrans Manual on Uniform Traffic Control Devices (MUTCD), Sign Specifications, Standard Plans, Standard Specifications, American Public Works Association Southern California Chapter—Work Area Traffic Control Handbook b The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the work area He shall also post proper signs to notify the public regarding detours and conditions of the roadway 9 FACILITIES MSC-487 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A c The Contractor shall provide to the Maintenance Operations Manager or designee a telephone number at which the Contractor's representatives can be reached, at any hour, should an emergency occur requiring replacement or relocation of the required traffic control devices 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 f The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices g Contractor shall require that all personnel who are working the project site wear an approved safety vest Any worker without a vest may be ordered off the job until such apparel is acquired Questions as to approved vests shall be directed to the Maintenance Operations Manager or designee h Prior to the beginning of work, the Contractor shall execute the construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the work involved with a minimum of inconvenience to the motoring public Removing the existing striping shall delineate any relocation of travel lanes longer than three calendar days and legends by wet sandblasting and placing new striping and legends as required Upon completion of the work and the restoration of the road surface to its final condition, the Contractor shall remove temporary striping by wet sand blasting If the traffic cones or portable delineators are damaged, displaced or are not in an upright position, for any reason, the contractor shall immediately replace or restore to their original location, in an upright position, the cones or portable delineators The Contractor shall furnish such flagmen and equipment as are necessary to give adequate warning to traffic or to the public of any dangerous conditions in accordance with the current State of California Department of Transportation "Instructions to Flagmen" k All existing traffic signs and street signs shall be maintained in visible locations during construction Signs designated for removal shall be salvaged and delivered to the AGENCY Yard or disposed of as directed by the AGENCY 3 Warning Signs 10 FACILITIES MSC-487 Adequate warning signs for motorists shall be placed and maintained throughout all applicable phases of the work including speed limit reduction, loose gravel, fresh oil, and open trench Signs shall be 36" X 36" in size, shall be on site ready for placement prior to start of the applicable phase of work and shall be placed in advance on all streets approaching the work zone 4 Street Closures, Detours, Barricades 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 FACILITIES MSC-487 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A c The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be 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 II TURF MAINTENANCE 1 Mowing and Edging a Turf areas shall be mowed, edged or trimmed weekly Turf areas consisting of cool season grasses shall be mowed before reaching four (4) inches in height and shall be mowed no lower than two (2) inches in height Turf shall be mowed once per week or as directed by the Maintenance Operations Manager or designee b Turf areas consisting of warm season grasses shall be mowed with a reel mower During dormancy seasons the warm season grasses shall be mowed as needed to keep grass at 1/2"to 3/4" in height During the growing season the warm season grasses shall be mowed to keep the grass at 3/4" in height The City may request the Contractor to vary mowing heights for special events and conditions as directed by the Maintenance Operations Manager or designee c The Contractor shall submit a mowing schedule of days and times for each designated park and landscape site The Contractor shall maintain the schedule as closely as possible unless a change is authorized or directed by the Maintenance Operations Manager or designee d Turf clippings and debris shall be lifted the same day of each mowing, trimming or edging operation and shall be removed from each park and landscape site e Turf shall be trimmed to the edge of sidewalks, curbs, mow-strips, retaining walls, posts, valve boxes, controllers, light standards and any paved surface Turf shall be kept trimmed or sprayed with a contact herbicide for a sufficient distance from sprinkler heads to ensure proper sprinkler coverage and for a distance of eighteen (18) inches from all tree trunks Contractor shall exercise care not to spray tree trunks with any chemicals or injure the tree trunk with any chemicals or injure the tree trunks with mechanical equipment 2 Watering 12 FACILITIES MSC-487 An automatic irrigation system is provided for the Contractor's use to maintain optimum soil moisture content to ensure healthy, vigorous growth but shall not be intended as the only means of irrigation Should there be an interruption of electrical power or malfunctioning of the controller or control valves for more than two (2) consecutive days, the Contractor shall be required to water by other means if necessary to prevent deterioration of the areas involved The contractor shall be responsible for providing control and monitoring irrigation operations to provide sufficient water for optimum growth with a minimum of water run-off Unnecessary flooding or excessive watering shall be corrected as quickly as possible 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 aerification shall be accomplished just prior to each fertilizer application The entire turf area shall be aerated with a self-propelled machine that removed cores of soil 3/4" in diameter by four (4) to six (6) inches long, spaced on more than six (6) inches before aerofying Aenfication shall be done immediately after thatch removal operation in early 13 FACILITIES MSC-487 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A May This is subject to change per Maintenance Operations Manager or designee recommendation 7 Thatch Removal Thatch shall be removed with a vertical mower, or approved equal, once a year in early October from all turf areas as directed by the Maintenance Operations Manager or designee Care shall be taken to avoid unnecessary or excessive injury to the turf grass stand Sweep or rake the dislodged thatch from the turf areas and remove from each park and landscape site After the thatch is removed, turf shall be aerofied, fertilized and watered 8 Insect, Disease and Pest Control Contractor shall provide complete insect, disease and pest control as necessary or as directed by the Maintenance Operations Manager or designee Contractor shall obtain the Maintenance Operations Manager or designee approval forty-eight (48) hours prior to the use of any chemical, mechanical or any other mechanical or any other method control 9 Weed Control All vegetation shall be sprayed and removed for a distance of eighteen (18) inches from tree trunks to form tree wells Any additional weed control in turf areas shall be as needed or as directed by the Maintenance Operations Manager or designate 10 Re-Planting The contractor shall re-sod all turf lost due to Contractor's incorrect maintenance or negligence, as determined by the Maintenance Operations Manager or designee V SHRUB AND GROUND COVER MAINTENANCE 1 Pruning and Trimming a Ground cover shall be kept trimmed to the edge of sidewalks, light fixtures, driveways, mow-strips, retaining walls and buildings Ground cover shall be kept one (1) foot from fences, property lines, trees and shrubs In no case shall ground cover be allowed to climb walls, fences, light fixtures, buildings, shrubs and trees b Shrubs shall be selectively pruned to a distance of (1) foot from fences, buildings, driveways, sidewalks, trees, retaining walls and sprinkler heads In no case shall hedging or shearing be allowed prior to approval of the Maintenance Operations Manager or designate The Contractor shall prune where necessary to maintain safe vehicular and pedestrian visibility as directed by the Maintenance Operations Manager or designee 2 Watering See Part IV, Section 2 14 FACILITIES MSC-487 3 Fertilizing Ground cover and shrub areas shall be fed between March and May with a complete fertilizer, 16-6-8 plus trace elements at the rate of 275 pounds per acre or approximately six (6) pounds per 1,000 square feet Water thoroughly the day before fertilizing and thoroughly again immediately after the application of the fertilizer Wash all plant food off foliage 4 Insect, Disease and Pest Control See Part IV, Section 4 5 Weed Control The Contractor shall maintain a pre-emergence and post-emergence program for the entire duration of the contract Ground cover and shrub areas shall be weeded before any weeds reach four (4) inches in height Pre-emergent herbicide,shall be applied in early March and again in early September according to the manufacturer's recommendation each year in all ground cover areas Post-emergent herbicide shall be applied as needed, as directed and the type approved by the Maintenance Operations Manager or designee depending upon the type of ground cover involved Serious pest weeds, such as Bermuda grass and Bindweed shall be spot treated with a portable sprayer or wick wand as needed with an effective herbicide and applied per manufacturer's recommendations Water shall not be applied to treated areas for forty- eight (48) hours after each application Sprayed weeds shall be left in place for a minimum of seven (7) days If kill is not complete, a second application shall be applied as above After a complete kill, all dead weeds shall be removed from the park site Nutsedge shall be treated a minimum of once per month until complete control is achieved as specified above and as directed by the Maintenance Operations Manager or designee VI TREE MAINTENANCE 1 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 FACILITIES MSC-487 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A Trees shall be fed in early March with a complete balanced fertilizer 16-6-8 plus trace elements at the rate of six (6) pounds per one (1) inch of trunk diameter measured one (1) foot above ground Fertilizer shall be broadcast round the drip line of the trees and watered thoroughly 4 Ground Water Pumping Trees provided with PVC vents shall be pumped with a portable pumping device to prevent standing water at lower root zone as needed Weekly inspection of these vents shall be made by the Contractor and if necessary, corrective action taken immediately 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 ii Serious pest weeds shall be treated as specified in Part V, Section 5, of these specifications No sterilants of any kind are to be used in these areas IX SAND AND PLAY AREA MAINTENANCE Sand play areas shall be kept free of weeds, litter and debris Sand shall be kept in a reasonably leveled condition, as directed by the Maintenance Operations Manager or designee, rototilled six (6) times per year, to a depth of 12 inches Dates to be agreed upon by Contractor and City Maintenance Operations Manager or designee Contractor shall provide additional sand when required The City's Maintenance Operations Manager or designee will determine the screen size/type and quantities New sand shall 16 FACILITIES MSC-487 be placed and graded in a uniform manner, at a consistent level All sand play areas shall maintain a sand depth of 18 inches or more Weeds shall be removed by physical means as needed except serious pest weeds shall be treated as specified in Part V, Section 5, of these specifications No herbicide use permitted X PLAY EQUIPMENT, PARK FURNITURE, ACCESSORIES AND FACILITIES MAINTENANCE Contractor shall report any major deficiency or the need of replacement of play equipment, park furniture and accessories and facilities included but not limited to walks, play courts, benches, restrooms, picnic tables, fountains, play apparatus and trash receptacles to the Maintenance Operations Manager or designee The Maintenance Operations Manager or designee will then determine the extent of the removal or replacement, if any Where public safety is affected, the Contractor shall report to the Maintenance Operations Manager or designee immediately by phone at 714/536-5480 or reporting to Park, Tree and Landscape Maintenance Facility at 17581 Gothard Street, Huntington Beach, CA 92647 XI IRRIGATION SYSTEMS MAINTENANCE The controlling factor in the performance of water management within the City landscape maintenance areas is the application of water to landscape plants at a rate which closely matches the actual demands of plant material and little or no runoff Roadway safety and maintenance is the first and foremost reason why water must be strictly controlled with the City Other important water management considerations include safe and dry right-of-ways for community use, water costs, plant health and compliance with applicable City water-usage ordinances 1 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 FACILITIES MSC-487 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A All landscaped areas shall be irrigated as required to maintain adequate growth and appearance Irrigation shall be accomplished in accordance with these specifications/guidelines and the following time frames Manual Irrigation 9 00 AM — 3 00 PM Slopes 10 00 PM — 5 00 AM Public Works Facilities 10 00 PM — 5 00 AM All Work Sites 10 00 PM -- 5 00 AM 2 Operation/Repair a The entire irrigation system to include all components from connection at back side of water meter shall be maintained in an operational state at all times and the expense included as part of this Contract This coverage shall include but not be limited to the following all controllers, backflows and remote control valves, gate valves and sprinkler heads etc 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 ii Prevent excessive runoff and/or erosion iii Prevent watering roadways, walkways or private property iv Match precipitation rates v Limit hazardous conditions vi Maintain optimum soil moisture content to ensure healthy vigorous growth d All irrigation systems shall be tested and inspected as necessary when damage is suspected or observed, or reported daily if necessary e Repair malfunctioning controllers, backflows, quick couplers, flow meters, moisture sensors, manual or automatic valves and sprinkler heads within twenty- four(24) hours of receipt of verbal or written notice f Correct deficient irrigation systems and equipment as necessary following verbal notification from the Maintenance Operations Manager or designee g The Contractor shall turn off or adjust to low volume exercise irrigation system immediately as directed during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticultural maintenance practices 18 FACILITIES MSC487 h Once the Maintenance Operations Manager or designee acknowledges the necessity to turn on the water once again, all controllers shall be activated within twenty-four(24) hours I Backflow Maintenance, Testing and Certification on a Yearly Basis shall be included in the Contract Price i 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 I Contractor will maintain, in continuous optimum operating condition solar powered controllers at all sites at which such units are installed m Contractor shall provide personnel fully trained in all phases of landscaping and irrigation systems operation, maintenance, adjustment, and repair, in all types of components to include irrigation control clocks, valves and sprinkler heads, and with all brands and models of irrigation equipment n Adjustment, damage and repairs shall be divided into the following categories and actions i All sprinkler heads shall be adjusted or replaced to maintain proper coverage Adjustment shall include, but not be limited to, actual adjustments to heads, cleaning and flushing heads and lines, and removal of obstructions Costs for adjustment or replacements shall be included in costs for operation and maintenance of the irrigation system ii All damage resulting from Contractor's operations shall be repaired or replaced prior to the end of the workday at the Contractor's expense iii Repairs to the irrigation system shall be completed within 24 hours after notification to the Maintenance Operations Manager or designate on major component damage such as broken irrigation lines, defective or broken valves and within 24 hours after approval by the Maintenance Operations Manager or designate on repairs to sprinkler heads and other minor items iv All replacements shall be in strict accordance with City of Huntington Beach equipment and installation standard plans, no substitutions will be permitted v Turf, shrubs, trees and ground cover shall be regularly mechanically trimmed around sprinkler heads to insure proper operations and coverage of the system 3 Personnel a The Contractor shall provide personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustments, and repair, in all types of 19 FACILITIES MSC-487 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A components to include irrigation controllers, valves, sprinkler heads, and with all brands and models of irrigation equipment used within the city b The Contractor shall provide personnel knowledgeable of, and proficient in current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies c The Contractor shall provide personnel capable of verbal and written communication in the English language 4 Materials 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 Vill XII CLEAN UP 1 After Contractor has completed all operations as specified in these specifications, he shall remove and dispose of all clippings, cuttings, trimmings, weeds, leaves, paper, trash and other debris existing or due to this operations from the park and landscape sites, at the end of each day's work Trash receptacles shall be emptied twice per week, or as agreed upon by the Maintenance Operations Manager or designate Trash removal and disposal shall be included in the contract price Contractor shall vacuum clean all walks, driveways, court game pavement areas, gutters, parking lots and other areas adjacent to work locations, per work schedule 20 FACILITIES MSC-487 2 The use of water is prohibited for cleaning purposes unless no other means of effective cleaning or unless otherwise specified Contractor shall be responsible for the periodic inspection and cleaning of all catch basins, dram lines and curb 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 EXHIBITS A Weekly Inspection Sheet B Deficiency Notice C Downtown Commercial District Locations D Maps E Service Schedule F Staff Requirements G Sample Contract H Insurance Requirements 21 FACILITIES MSC-487 MSC-487 Landscape Maintenance-Facilities 12-13 EXHIBIT A Exhibit Weekly Inspection Sheet Location Date Inspected By Hazardous Condition Present, ❑Yes ❑ No Good Fair Needs Improvement Overall Condition ❑ ❑ ❑ Turf Mowing ❑ ❑ ❑ Edging ❑ ❑ ❑ Weeds ❑ ❑ ❑ Litter Removal ❑ ❑ ❑ Clipping Removal ❑ ❑ ❑ Aerate& Fertilize ❑ ❑ ❑ Walkways ❑ ❑ ❑ Play Equipment ❑ ❑ ❑ Playground Sand Pits ❑ ❑ ❑ Chemical Edging ❑ ❑ ❑ Rodent Control ❑ ❑ ❑ Trees Trimming ❑ ❑ ❑ Staking ❑ ❑ ❑ Wood Chipping ❑ ❑ ❑ Planters Trimming ❑ ❑ ❑ Weeding ❑ ❑ ❑ Wood Chipping ❑ ❑ ❑ Irrigation Controller Adjustments ❑ ❑ ❑ Parts Replacements ❑ ❑ ❑ Picnic Shelters ❑ ❑ ❑ Restrooms ❑ ❑ ❑ Facilities ❑ ❑ ❑ Vertical Mowing ❑ ❑ ❑ Corrections and/or Comments Needed(if any)- EXHIBIT B • CONTRACTOR J. LOCATION DATE INSPECTED INSPECTED BY CITY OF HUNTINGTON BEACH LANDSCAPE MAINTENANCE CONTRACT DEFICIENCY NOTICE&PUNCHLIST TURF• Bare Areas/Overseed Weeds-Grassy Erosion/Depressions Dead/Stressed Weeds-Broadleaf Rodents Mowing/Edging Aeration/Verticutting Fertilize Clippings/Debris HARDSCAPE/STRUCTURES/WALLS Clean Walks/Gutter Graffiti Removal Weeds Clean Drains/Vee Ditch Hazardous Conditions GROUND COVER Missing/Replant Weeds-Broadleaf Cultivation Dead/Stressed Fertilize Erosion/Depressions Trim Walks/Fences Pests Buffer Zone Maint Trim Heads/Boxes Rodents Weeds-Grassy Clippings/Debris LIGHTING Non-operational Broken/Damaged Timer Programming SHRUBS, Missing/Replant Fertilize Pests Dead/Stressed Trim/Prune TREES Missing/Replant Fertilize Stakes/Arborguard Dead/Stressed Thin/Prune/Suckers Water Fountains Arborguard Weeds Pests IRRIGATION Broken Heads Clogged Nozzles G C Overwater Missing Heads Leaky Seals G.0 Underwater Leaning Heads Valve Condition/Leak Shrubs Overwater Stake Heads Programming Shrubs Underwater Box/Lid Conditions Turf Overwater Trees Overwater Arc Adjust Turf Underwater Trees Underwater Comments Received by Signature Date Print Name MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A EXHIBIT C DOWNTOWN COMMERCIAL DISTRICT LOCATIONS & SQUARE FOOTAGE NAME LOCATION SQUARE FEET RD FROM WALNUT TO ORANGE 5TH STREET PLANTERS AVENUES 1,200 451 5TH STREET PUBLIC WALKWAY W/FOUNTAIN 5TH STREET TO ALLEY 7,800 451 MAIN STREET COMMERCIAL AREA PCH TO ACACIA AVENUE 69,444 451 MAIN STREET PARKING STRUCTURE 200 MAIN STREET 5,489 451 POLICE SUBSTATION (SHANK HOUSE) 204 5TH STREET 909 451 POST OFFICE 316 OLIVE AVENUE 6,390 451 MAIN STREET PUBLIC WALKWAY W/FOUNTAIN MAIN STREET TO ALLEY 5000 451 S/E CORNER WALNUT& 5TH PLANTERS AT 5TH AND WALNUT STREETS 300 451 TOTAL SQUARE FEET 96,532 EXHIBIT D LOCATION MAPS LOCATION RD PAGE# Beach Operations Yard 474 1 Bolsa Chica Pump Station 197 2 City Gym and Pool 441 3 Civic Center 431 4 Don Kiser Corporation Yard 271 5 Downtown Commercial District 451 6 Edwards Fire Station#6 318 7 Edwards Hill Reservoir 318 7 Flounder Pump Station 426 8 Malibu Pump Station 485 9 Marilyn Pump Station 169 10 Meredith Pump Station 447 11 Newland House and Barn 433 12 Park Tree and Landscape Yard 281 13 Peck Reservoir 127 14 Rodgers Senior Center 349 15 Scenario Pump Station 155 16 Shields Pump Station 168 17 Utilities Yard (Water Operations) 422 18 Warner Fire Station/Parking Lot 173 19 Well Site#1—Capetown 138 20 Well Site#3a—Oak 272 21 Well Site#5—Warner 264 22 Well Site#9-Warner 264 22 Ocean View Estates (Additive Location) 291 23 9 S MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A -1 - } Hami1tan Avg:' s''Ck'r'fr'�� .y s '4 M y .�, a r. ry,'r,n,,� ��,. r S r. S. d dJ rr :7 4 '✓; L :.. �. -sJue r r Y � �r yL r e",n�a j ,�• (�S � t^w �3�,ra.• P5, �+r r 5 {r � � �.hi 7 Al rva 'S��t, r .;f � rry -,utzsRod, {'K� r5s� y ,yr„ c,' t.N N-1 1-rN�Mr34 M t1Yy, *�' i.. -ire � flrr-h• t�ha btF r ti `'t rJr � �..?'g �- "�°� r .-T s�r �. fSr 1��� , d M`�,r'qqrtz,•I,y.4�'A� .y��,�r51`�>�`�ar� ,..^cy�c ����'4'7���"�r��d i/ - � .. �,�''��3N�h�,x' ?r,. - is-c,��atrw- � ! ,t- r !{ ...;•k r c- trtf' s d .,^t�^ x .,,� _ _,`YF +ate .i� s x ,k�t'a r �•����rr` o- rti 4jr'.r� �,��. . >. 1 �y �n��� � t r . - t t Mhr� i., ��. �,`� t ,1,-'r ra'� r�. ,�+ -S'E' ear -�' 1•Fr' p 1 F 1`t"I r�>�� i P M!✓' 1 Yr I l i+�„ aa, 'S' f f } I d f 1 _ +1�4 f ,� t 1 :. W l xt 5r •� �� r �°� � �` �L S �:.. � 'y-�-'�,.,t�` ,.UGC+,C7M1+�'n�u`�rl�'s�„i, N Y 4 r � r _ I xx r +� v4 S _ i ' r r y i f AE6 P1snt � ti x u 1 - .�� r r.Y{'• +ar� rrti JJ,. Syr f�ail- SON DJ � � P i r� ♦♦ r � t t •7 -.,+ sk-'�'f cJr I b a 4��+ rf,,�,{��r*Y": {y. f �, r f. -..,�-✓ .� f .f 1 a a a. ,, ,� a i aJ o r2 m k r �x'cts 7d J f-„ 4 a: r n i :,�r-�r�1yf c t� -�.J`.�r'�. �,} 7d.c�,' t•�-�r tir, d� r "T'�tr .s� •�' J, �� 5 r 3d -v �,� $' /-'S', k r., a f'tr- ! .�,. a- (r -'cra- 5 ""�,S-�,,�n f 1 -}S tN ,�.,.��,• k �jy^ vie:, _ .J1 � %.�w- yyh�z f ?r 5: 'r�'�� � &,r,14tf�:.� 'yes '7r"ui. Fv mourn ,�i�'�m 1•y V}+' r) ,-•- a>-w.� � l 3e� •�.-t^�- �l '�y � -s�;.�, x s r �`riaf mr� �` '� v� "� i �' �+. =.., -'.. .ri s �'ra t,•� f �, A'" ti �C ys+ s 1 v..!k5-,,y��.,���1 w -;L r�.� r `^' t fr ��in v�� 3 � gS �� ,W , •f 4'rtra.? kl r.� � U6! X-t)�� N,'rSr- w�St "�•Lica'a'-� Ir< f vw.J�i '�7•'R�, '.7,''+t 'y; �,a.�r a,�'.�. r 'Js��"u$�glr�p7 r%�. J! ,s:.r, ��',:Mc r f� f„v-,)0 �±'r�.q x �,Jk•�iG r�6� 7�%u� .-t.•,r--:a �t t1�",uS�`�s�''t ��i,f�` .0 rk'�.7�",p n,�T'�( rv�pgemly,4 dCriba�nxuX4w74ra-pu�r4.—a Vol.1.0.W M5 m 000�;Is Beat 2 N9.6iS 464 U11ton Ave. OC 4217 f TG 888 B2 y � 473 475 IN e AC 484 again -2- x �►ib Ave ZZ .I� 99 �� r`— Y Y •r G * � ~ r. p*�MP PMJoe PW=dWtNd—p0-.D/119Ti97pdmp\j"—d Vol.1.0.miles H.B.CIS Beat 8 187 Tal, OC 3511 - --��� TG 857 F2 198 �� N W E 8 a !. � h } Vie}J� � tier„) ✓t � �!"Cr��MSC-487 Landscape Maintenance-Facilities 12-1 ..P u�i>r rh.>r• pP F Y'' r '^irx"�4 E'E•+t� �` �k�fF /+Tr � i `'.E. b',r�• �=t � r`. ��yy��.yky n Sire, 4 r1 t t1 +fir . t� ••fig a. 4 ��i,tYr rr.t�9 k go r�,Y to yJt t e ! r �- j ' L) y. ,. +r i�.TFTO c�r'*4 IN ' 5415Y( t 4' � F'. P f iP @ Y 57•1a14.�.•'�x'. Slime q 3 ,p. - r .a4 •",:rt r r T.l.K t t 4 Vd!:1 � -E '��' ............ r a c. �„•f t � ig .fCcw �-ir, :.a �,�<5x -a• ''S 5� . t lgp ' ° p�p.� 0--* d �•S6,W�c1..i�� 3^-1. k Ctt� T �-b .+�`",y��� `�� •°',�,. `f � t ��' r tv � sir^^-�i* ID �j��1� M. k.,it,. WON. gg I�t �r�r'r'm{ _ tit r ' Ng. . •K t � > ,�, ',� '��:� � ';�� �7' ,p�!'` orb• r.- `d � ;P" �` �,^l q3.`�y. r����.q � � ryC�'-• �,� +Ni n��y Fit j I �•,r",�a,"bCW ,w}?�, s ;1�. �ta�?.rsr, �`jy'."�r,�r"�'��'�5� s"`�,�'yr �'. ,'�S �IIIIIIICIAL'I E MOW • �� 431 fill H �2 ��ill� �11IIIIIr TG 8 I • 442 �.►�;��,��� 'I�C1111i�nlln� "R�• �' 111=1n11�y 451 � vu�ic[� ���Illlllr ,� � • • ' �J'��7 i �,-.�rr �w7=„k ,. �+�' ty�,�sFY��r,,�t"'z7:t:t�.rTWt��� �• Q��9i ME ^-•y,�. + ,''" �y;F� t S' >9y��F.n]/��4 t „� 1 p+�p �+Lq m v y fJ�lt(tiL�..CL '�.'.:..,'"��Y i r� .' ".---tom'�,��`�'�,.L�•✓-` ,�vY���i``r" v`ten�*i - - '�'`4"'7'�= "V s... fin. by .Y{ ,,�.rs2.t� ..,r kle 1—1-- 4 Nz.7. 7 �tr.a- (+- r•a Kr1 ti' ;�l 1"i-f``� .S�!.• .i,r _i fF,,,t • +lii....� taF •�r,Fr tsar r!(.Y-�`•d"A�J � N"'15� , d'•G a 4Lwt' �7 fzs I,r �, r�+ C 6 •, lt,:t p -4y.r MJS�f W 4 F i2iLL�+..YT l _W 5 R:�1 Y �(u �y M.� � t �R �i �•r .1 tl Y 'S!.N -I lM' J-k 4t L.�rl..Jl I! •f I tr F 1 j : 'Y'' F ') �?�e{�� p�a°�y� ' . ).P t n a^+:. r f 3 ... Yy t i. 4 - i , 4• ).u.e, i l La�Ry L. 5 .Jr ti-: r �I•l, KME �L;".:._.A � .' L4�;,.�:._.e. pper�'"PSS—� 1 � t. .-:"'rd.�' v"'✓ t 1 r ,� ; `K up r' -3iE 1 ..,C I� g ,7"�"+�. Hr T:. re°•"!u`�'a''+F�r�a�'^' ..'..'.t?.'dEr,TdfarM�YAr, n.�.latt!!.er t�',k�� ^�"kP ��'- h..e .r.. M^.�+ NV 22 s 7 atC,(�e'��,�ittt i '� f,: 3` 4�� ' �-'�iE' ,r"c'r y,�,. � ors• °r •�`.' •r' x y_g�y Yat '4 A v i)f°liTA� K ,} - "lir^+nr4'n,. l/yr�N '! lL::-:J9 'a ,L,•-$�,+' ON. �7� RSfics.a.•� 1H Mt.r:J1 �ILa �l:t�:� ,' ;. h v IME • ;, :K !P •P:4 yam�,r.t;;•,,;4;, 1/�''A��'b � ,tF't i ice• �:a'� :•ar - � :a�. - •vA' Ju-r - L ids • a vy.-.,���� '�'��3'� ' r t � !"a `a t'' f •'R a' `S.fir,q.- .d '.F•s. `rC 89E@ ` a � 4 I .fifer:' _ ..� ' zmn m `s'. EF 1' of. . � t •�. •. OC 421 857 mum 441 W40 �_ m � • • 1 '1 1 e e j.r/ A �r ? rr twyS Frh"•T 1�k 4} +.' S. ° r �� 3 gA7yk, f r . R '.J r �k5 1 � �+.. F'yJ /! Fi ���� �r•"�S' '-Fr d��) ® y. O.qt �.��' �E S( � J T r r �✓`.t nor ��4�'kxrY%'�r'�a�,�"'�����;T!?�1 5^r � i� i .� € � " rr "`".'}����rri�,Jh m d"4r,ti5�''7 '��;•'f`"r.-a�+tf�,, cC,b..�, �i '"4"4"�' �xr�r '"yrf� 11r s� ra`n t- r. trEa t ¢��hjv v 'r � rr yxi' r Sy �i a•���'ertid#Ygs.<'}'�gG,5�"{t'T�r�'�*5 o r� r, a r i S f rr4� r1q� .u++rk`c�y` ',�ts u•. 8&ppd'.a�'I ¢ `!l`S�r �� Ex; r !r,l,�?l�t1W�'�`Say-q.¢�� "`YS'"�e-4,-'y'i-i���r�"+�K�~ '�• s�� j� p.5 L7� g i N,x /�:'. r k r:M� � r L�itr•'Fis,.7�'..� i'c Y 1."'r �•. 4� IV rr i c fi s1 a Y B e t "it;"'1 n ,rzr`" d.' 'r 11151 ( � I e i mm WON +r pp r -- �► as l•4 � I � `•� lS3:i�'.+'1^ • i v r�.v'1 IW!. Pam" r r c..vrt—�['I%,'s"vx' '^+.,. r •rl,r giP't r¢ ire,:.'u�f0., f E �2fl IG `�'Ur1a:.rilc s r/ f `ri f�• F � mot€ '!y� �''" � �,N.�im 1 •. I P '�.rffa fi"�'+( !, { a rti' 261 271 W40E 281 ■ c •� ��■ - _ - - fir _ CL x � . � r 19 IE P m"" 7 i r L z e F k .14 ri 'a ra - - r. C r3 06 J` . \10 � ' Q 0 G r 44 J fr U7 � s � s � ffifii sofa ofili sa45558-. MSC-487 Landscape Maintenance- aci sties - Exhibit -7 r ^ I - '.ti fE S .. f !'. t �jrp•yq ay 4yy..M +Zi Y Balsa Chica Wetlands y . r r i rOSSWIf)d 1a;36 t Dr � _ Two/t h F 13, rax� r� �t l,,,k�.r �.. k +ri � Y °7� r F m+�y.,I y`�7+��. �' x`4i r, t�' I �;�•r 1, �,^ > �mr,.yr4•rSvn .-*"F{�ayds,rryxt'IfS°� r ± +.G�+' n. �, pr b i P'�6s pr�.culpo8o dgpl�yd gnWog93i8U lipdopU78.�d Vol. A601N5 kdo�d'ii8�GiS Beat 6 . 1 Ellis Ave. OC 3612 TG 857 G4 319 " w E 328 ��� � •� /� . -8- 5 'Gar fiId Ave. _ _ 4 rY yak, ''r' �ft5 'M'B'"Lx 3+✓.� s velafaISO o r"sY ' t� -Ti SS I3el lvlar Mobe His a i #1-142 !4 U5co - m De}imw MoTa�e Homes Y9289 rn w l 77777 '� f928, 82B2 - xe3x Pollack Dr. 'ISM2 ' ]932I. ra N" 1, n ev sti a ;Y933 C 9332 193 Sailfish Dr. ° ems ► Huutut 1 ` }�++ F" w k�' tc•Di a d' ;b °u `a' °' 936i c6 79§62 3KOD39aBfl,' �Iy yy ar orI f R Fain cir• 1 �{� RY� +�'f y��,. V � TTT ���4 y� ��� �'m� L "m• ',O-4� � �Y �Y ,('`� 4 � Y 4�.�Y� �J', Yorktown Ave, vNo•r�im•Ma VWd,rry1 la�20pdvuuywz6�e Yd. d01/05 1.0, D1/05 Id —D°P i H.B Beat 5 .OIS Garfield Ave. OC 3719 ! �� O 1 TG 858 E4 425 427 �_ N H w e 436 s i Exhibit A RM, =M k., lipOkl RF , _W PIZ, 71K, Z A WREN F3!% erns w e '- fF ea- !AS Ab bi ab 11. qit volAckwolm w­W.S­i.bq­ HA.GIS 475 OC 4318 TG 888 C3 484 486 N wAnk E 495 r I -10- Heil Ave 16501 1650216501 r� '• •- N m G9D1 165D2 5 t s - Abbott r � Bo : _ �esz1 tsszz165�7 � - h R ,., tfia81 #b532 nnie Dr. 1s541 16�4. � 16541 ' 16552t455't. 556# 48t 1 n ?"� '� 40✓rJ7. �. I-CPUiMt erle�eIr �s;V pp # E51 u!aCO C►r 'm�' N a- 1 tSG74 t(f6T1 F o t o t t ii1 #&68t 1 16681 tboo t6681 m �_ (� qo m .167D?16761 tv 167t 15731 ,�; 87t S lvla Dr. 16721 W v� �' rc an RO r y� a672. N,'N N N"Yal nr a N , Ry • , m m ,m' m m ••D m; t � 15731 m Q 6l32t w741 15741 N rya v n a/7 e[ °1�7B7 t�lst U U sTs 16761 �. 1s7 678 L dia Dr *- �� e- j 1f�7 t ;� r #6781 i£trAt. J678it 167131 967$216781 - tv assbt "oo m. a TitNm 'N -N N �y} l!J IC! TOE-.m m m iGr;m 1fD {Ci fD YD t0 {O m dC 67 'm -m w m op- *• v -u'+,I;p t�..OD �i'N �•V N M N tV_ N N. N .N -iCQ N D. F. C D. ---------------- �1 f� .�,���i -'"�Jq"�. ' s,h. s2"ii J-Y i„cykt,�,_� Warner Ave. v+�wv i�Ma��'ramw�ewlt�lsv,lespm�,.blbs�,.a va.I:q bows Beat 11 �Is 159 OC 3213 TG 827 H7 168 261 N U �- w40W m�q$v. f MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A -11 - ;)py�yyyAdams Ave. 0— 'A. w,! y5 _- yV+k � 4' �.. '� y .L y� �� �� `ice: � .p "�• Su.'-^- � 9 t'. +,s4,-"a, f l�t� ,✓•�rh�F•: J h w w.� ".n'"s`a� d• `,'gyp 'Ej '�`- ,r'�S�' ""` �� r E.�„.x �-+"''<Jh` �" ,u�l�.`,a �� :,'xw .A"3-s` "�o ,.,. .: + �7': �'� :.✓��,cu! - ' �" i; �r�..J4v 43 ��.iS .,,, ., : U) ?fD3D '..r fn.`' � 1 0 { Yru iXy, 4r• t - pOk r yy V T �C � '�"�a♦♦n 4�\ � � r�lr' ?ham -N' ' ll r � i �^'�rF �t' r /J7q 'e +c i 7� fi UPl r v�]6iP Jabipolwe deal'pd®rp''Ls031A4744 d—p1417—d VW.I A dr0105 Beat 3 437 A OC 3920 446 TG 858 F7 N W E 457 S ► i rktown AveINV yy *�:• Y fi �r �. � m'..Y �NpIf 'C��70 +gym �A�� 'm�" ri`�, t f i "Z• ':� m �;T 1D XZV "'M. ^u ��w aFrtL = Dr 7>u1- 40�� y �"x > HL!rstw&il fir. co ,� �° ';, �yT3i; a��,�$ZB7 �`^ >�,, � m: � `a'4 � � � ." gym• ,ays reppr c an Dr. mnm +- 4 in S a e.. r i o 3 N ' V CIT.CY a N RW co .+cV J I- axman ,Dr. Adams Age. p.WeV.p,,—%pWtadgPpd�ognlE W33W33pd—p`433.—d V W.1.4"1A5 � I �` '°_5'°�"°°m' yBals Beat 4 432 Y OC 3816 TG 858 B6 432 434 443 S � i I ►� � ii � iiiiiiifii � �i ' 'S i � � i - �i MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A -13- Slater Ave. i 1728Je one y� .: b l ' F+ r v y31CtV11 1 ill. _ 1 '�I Y Z7731Tc IY ' 5 �> Ip (D3.1 75 y� I. � 1 1 _ 2, 4 n'v Q�s,7Wv��vj.�.t- 'PV S rF �•-r Y' ✓'.` iT t..r N 1 Talbert.Aver v:wv&prq ablp asq'WuO8w1wlpAnpwlamd vd.114 erolAs W fi—sm..Dq­ H.H.GIs 271 Beat 8I� LL OC 3414 ; TG 857 H 1 189 282 a . N p U w E P Talbert A 291 -14- �.. i 14502 150 14'ie m 4 .at M2 10 � .� A � •� 'N � �Gk ¢M1/ � � W N� CNV � �a S�q .x ASV "r RO ., Mfmg rb gi AW AL r ( I* k CD skylab Rd. co cl 1480I • �yPS#, dA #101-102 � _ N Q 47, 5�0 u Bo1sa Ave. S V.I.IAwo'm! S.M.. 117 Beat 12 e.u.ols OC 2811 126 128 TG 827 E3 ca: . e;u 137 W E ~— EU S - I !� Landscape Exhibit i `b. 5 ,,T '±�''n' "":•,jj.,rr j}+�Saer�a tz*s,, ':�, •<i�%`,9 � �1 � ���-.T' tm �` fir( :ib •�. eb�.b��07. _fit ` i}`l � ! '��•�'r. � "�' ���.���i �+fi'� ��. �'y ti�r ,� 5: e��`�J `i��. sPS r�",. fA'�''��t„ � ��Yt �� .d ' ��c� e� f�. �� �� � e'6y, � ��. �O`tiM.�1,. �'� �p"�°df,�,a•�y; z �,mF,s•sue }�„�e,,n 'r "" ,�'k` 'z• _75- _7C�:• aiGUr 1'V+•' �(p '� .b 4 S?�m 4� s" rr� � d �arse''4i� .Rs�;��,���' • ��• �a��d 9° �r�.�yy.,.�y��� � ,�y�'�y`����� ^:�.�ia��ti �'�T� -� '�.�4 d+'' G tip/ �'l��+�'+���'6it'��� • � ��• ���"d��. f F�, ��� �y�I G• �P C F'f' d� {�'µ° J(� kl ra2�`.35' P.+ ���,�_`�'� �,`,�F�.r @@,�,�,E��j�r ��; ��,Cs1� 4`via-p� �' i;+�,�a��p� i�.•r«k F 4u,;f � f �. i; ���. ��A.i'r� �� RAF: ��, ��..3;`:.Aa� `d��. �k�!',. •�. � r r 1 �j ��� � by �b�� � ,F�,, yy�a- d�F.Lyk � Vw/' �!• � L�•-�`.1 I � � �r J: �. ,� �F, � ' df ♦ ` ,fy ?i+� 'Y�@ � �+��2q�' .. � AI '� �c��.�P•'f'I4 ) f 4f;f 7 I ��" ,yea r��(:. ♦ r �I.°� +6 � `�C..� /,d' 69 r ! ° : i err.�+9�► s I 41 339 .I • �II OC 3913 ::t::_:_ 359 ruse 1 -16- lip sno: Edlri er`Ave. t1GM 1 r 1 1�Q1 - i ,�osa ,RSt- ttil a ��11}{ 'Ri/5 ,lL � �1i I)., �y{� � r. y � � i�R � � t� 'Id' y°ai "'.�r+"� Kona.Dr 1$] 1r T. ,$171 .� u� �rr r� m =n m �o �n m. •� '�, YS,7 '�8''1� 8� _ .`. � � �'� a_,�v �'��- V D ib`LS1 ,psi �, itial cm HHo Cir. L �6191 J Kau! Ln_ cu . 9 R .f +tr '1Y <•+C R R y f,�j Zt •+1' Y tt 1t 1s211 r �a...m t, iv of m ;0 16212 +' a3 In ro Ia m m m w m_ m m $8221 ,6Z2 16227 0221 C =c v < ,r r R v 4 R: R a. ..R R R > �?. v a;,u ar t o �, 0 CU 162321W3 > MaUI.Cir. m 1523, Rha sod Dr. .N N',ry N 'N-311 N N •'PY N 'N 'N, N "N. N N: �6 16241; 162 16241 1624218241 N' N N�.. N et sN ,t m a v- .a m m m.to w m oc a- v v. v v v ?� v my v. u c v; ,i ? 1621 1 16251 J F825 �251 v c v, R 16a51 i�irr» vmc ,m a a m rn' o c; ,B2fi1 m, m >m m -m � � '� > • ..., 4&'27.'f arzrl - � O eretta Dr `oa ;K . 1Bzeaas2s, Oahu Dr OM 162921%91 m » m a 9B3D2 7.631-1 1b31 r I6319 15312 9 i11 r iG31, ,� •w` m m ;ii ba`m ® m m m, v�o_ m. m a R, R q v .f R at a63,21$32! 153 1�321 7 8321 832� 4, v. Scenario r. Scenario Dr N N N N N`:-N �N7 -N t3 RY ::N ttyy tY.. Elm � a641� c , j r ��.�4� li 4. ', ��•,tb�w �:,"JC'i`C�' "'-$. / lr!.� C�.�..{j.....�n i5 S rt' { lie i Am 54 c�.� P:ff'wui u`"iCC dWWWWp[uunmisslssvdnaliss=d ., �.. VW.IAN01Dc Beat 10 h,famruon Savioc.oW.anrn, H.B.GIS Qr AI OC 3109 154 156 TG 827 C6 i m 'Y N 5� k �, 165 "' E - ri m MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A Heil Ave. 77 IN: `a3 N K e �ryq N N�y "' �qI t-:; "tq C Gumm Dr.. = >o � r t � �v � x ,a�,o PAR.-6581 ili582 $ 9' 113b9` " �. 1 1858� es91 1654�1858 m �� ' V ] 1 Y 15651 T�1 i Ste' � 96�i'17 881'I �l812166Y! to iTA y T A,nn��tetCrr m ,1 1� ,� .�"� 4�851 ,. ; r. I^ j• � � � { 7881 m 98�f3zs�ssl isesl x 4sss1 Cl) '� _.' 891 1f9B9218691 7869296991 " 1>381 �r 2 � r� fl � 3�. L— Q,O�� 4 ca C 167P1' 167, IMI 167 21 I u k 16t1 1" . l i67:9i i6731 o N Kt m r ti Om O riD. •O 1i1$S$7T745s222;'i1}s6677T?s5471' 187ST11.6Z61 742 674167;2 741 fW TWILL w 16751 1675216751D le Dr i 1s81 Fannelas � a7c msCr1 •':t[mpO• Cmt0J T_m"��' 'Ts6D 'mm N 916QT 4, iD 5 . Dr. . Jr - 1T3'd'#b7�1; i �6,771 O:E 16781 6T81 � o �, r � r�i` w. m: m .� m -w ,o ro c� •v' m xa ;-`. � ,w � �18a'�] _ 0 1D .m +�. m m- 1879 16T91 1S7A tG79] 16?92.8791 N N r, N ' + Shields Dr. /Np �y 'N N N T N 'N4 Of O O:; b •O C T:-N: P� sfJ 'tD 1"_. ICJ. N fD, 'm p yv a . m m p �� � pp�� SV py•� 'TO ¢Nt.."tNC m m m m. Cl J r � J r r „ r q _ L, F �,S > > G A Warner Ave. o:R�PmjCdWi=dNW4 NAMVJWI 1U68"Pdmpk)"8 d Vd.IA"DO, "`°�°°�°"°`�"` Beat 11 x.e.GIs 158 OC 3212 TG 827 G7 TM 167 169 N �a Co 178 S w18- (Tarfield M., to L7etiri�arbm Dr. 10 ma i F� + � k� •wSxn't-Ye � 3 a, s97 Ub r Ave la Ve. fir," 2y'19 tree• .a+o '1 Jana Cir, _ I Wifiiam us. 28�4? a .2537r; - �QL4-n '�9s31 . ""'•^»R-�� — _ �� 27I1B'� g57o�.:: "ww"i13'. 2Si2 A-0 3.k Afire, � "CP r3; �'�•r°°1+�4d.oe e�W,�,,�+a nn�wrlpa�p�.aQa Vd.I A,aA 1A3 - H�azS Beat 7 i 412 1 , Id CSC 3715 L F 41 421 423 TG 85s A5 N 'AVLh� i 4 F 43 _ - 5151,11111 fly MSC-487 Landscape Maintenance-Facilities - Exhibit A -19- 58 `> 17•t1� ��. � Hu6oia e <. �atl 9� 1 6- 236 ILYZ la din..D �.. tica ^��ry • s2o no old{: • � � >� 40 3831 •�w W ,mm m Sj � Q7 • 1 Warner Ave. Locked Gate Parking v r vol.1.01 6N1/05 6. Beat 10 HB,GIS 163 r OC 3307 act 174 TG 827 B7 Wainer Ave. w e 6 I _2Q_ goisa Ave. �� ivd11 s4, Sun. 1&p1 ic3i sot - t 5ED41 DQV'r Df. W43 1 5�A1 1 Ei 7f1f i .. -„� '�' �' S41Y s i5CF42•�d1 t 1 - t` '< ca �"'; Mn. m .em '�1`` t• '�5p51. � '(•5�i '�0 'iS�1`Sl: �� i5t151 �_ � _ r t iW9 Q33�62�5(18i 1 81 ` _� p . _�15112 iM,14 JKmberl Dr 26. v ?.N i+ f N it fY a• a N N M CV N N 7 F y9 r� .�pp Cl.,_� LpA � -r�KY #"i .p Y7:.� +•r �S -� C4 k N. ;Y, � +.t �' �. � ..�] C!- +D 4P Y3 eP iP --5 l"� 4� � �u �'�`" ' � �' ICt�my�p7}}' •%D '� �{? ham--:. 4 � � �{� Q p d 1 N (+i .q !C)i A tt7 S7� �'.%;yL i- �.� yw..u' £ �R 1� lmr• �] {�� �yj �Y@4 � yam- - 'ID 11L m.4 m.l _�I t0 s`' 0.4 f _ 'X. 'P' y•r .ttl %/o o? ifl Z �} nr i"'•s �: .® �. � Cornell ©�I ,n; w-�m � g i N � ,�I352S1 1525 1:r251 •„ 1a252 i*u251 �� tir a� c,�a4 •ci ` �` c+s t�'rye c�•N .c4 P 1 ]a261 1526?IBM 1525215NIAID iD n' a l ru n c{a) i�1 m w 'n.ry t. 15771 15272 75273 16 15271 S F m nil m m oa m. m 1 w mco IL T' loll Dr. I �s;?az���i t iS312�1530� 15302;15301 953{121-53L11 n m .as v44, t -j. a m..,o ab s� `�' p 1S32;a 75311 1531215311._j 1S33 :a5311 m I.m ro misn,m ep'tt m; m rh 151 75322"d5321 �+ eo ��a? ya 15321 sal.m tla 1 n i 15332 tm 15331 i, 15331 153&1533f s t -- r. 4SM1 15342,7 i r r u �' n cv i cv cw J r c r+N r, ti cv cv cv �3S 15351 ([in1li ILSrvm: N1N . I S1537t ® us s fib' m m m dn+ Dr. 'A5W1 �15M2;15391- 1539115J$1 7 15 i xa c 7 . � 14 R .m 1S4(ii i5adl2�5a1I 11f 1 ; i co T r m m�ro ra tc ma m m � .m � 15�•12 _ - � � �. 1542i 1"542215tii2I 4b+i� 23 In z- ry 4 45432 f v� - �3 m' m m m`_ 1�r4i.iv491 3r432k15 - tom. Medford Dr.-414 °' i5q+11 r _ !L4!TS s Mc Fadden Ave. P:b��t�9��l�ca i�11P01e��UwtI TU)il}�•,I]q,�E Beat 12 128 vai�.o.a9�ros QC 2912 I m� TG 827 E3 CIO, 137 139 CL N ,; - j FaW40 7171 ddy 1 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A -21 - Wamer Ave. Q `'�� ��: M .,cu io u,,, 9�5'? r A t jjft2 ;!Cf'Ob`]t �'1'eP" c, L'�1^-(.,, s w + �: u"e, s ri ress Ave. ' ..�t N tdr i�ii N yj7„2n h'�`1"1 a, tNr ts>r .1 y. �: =� .�:,�` r;�,.. �1-h c�� ``� "7 N`xrra r>•F ,;z,�y7a ���� 17'I21 MRF 17121 D T' r` vNwN a i 5' 4N. 17212M1 6k4 17r96 1 E 47�92 T: .b,,l,x'� r� r ia"` 1727S2at&li 173U1�hF 2 1 7z15 `� W � '�'-1s���!>•.i'��k,� x%r,$-a s�'' �'.!'�� "17Z7211CrB. ']TLi'��11-7 � �� ,' 7232� y �. -:.. :`. . .� ;�`��.�, ' 1773YA•1� =r.. "{7Z�2 hF'-, 17221 - ,'t+ 7 w .�� .` 1lia1 .p 972A2 •y 17 � Cu gr� b M ti MandreB{3r -a Kristin Cir. E `'171�1F ;• �K ���. ..: '.r �: 7 r�','c .� K r rtlrxc'H. TY �";wry :l�l L 5S arton Dr. �J730� ZO-T a< N�9 ti 17351 GCS 5ai�tfw. N c .77971 ` '1y372 17361 1r 7J1 '►7371 _- 1 r'17321 �ti 97401 fi P . a7ss1 m='.�z C 1 C 173eM:. (7�R1 A�1 `�J 1�392 17,82 i7Aia Af 2 N 1 1� m :1SA22 J7t09 174Y1'. 1 17A1Y 1Ta1� tT41 v aaf agon r 1 5 a�AT2 17A�j » N Jrttto 4 z r S] er Ave. S v�w r�im.V��Wd mywarovs�rzr �zuae vd.r.o,dorms M oon Scrims OepmlTrnt H.B.°rs Beat 9 262 r OC 3315 TG 857 J 1 271 273 0 o N nT late W E 282 ' S. ► fi � i � f� i �► i � iiiii � iiifiiiiiiiiiiii � _22- <`- %a & � t� '6s�z '8681 m• m fl'' 1s5D? . a aNra Z astin s Ciro 4017,7 , isY k�r y 16532 f f6521 BSZ ., m.'. 'gym Y6542 v82 *� low1 o tl r<a; 2 4 3e Saw[1k951 " • As, JEM, �, Wi3 ers Cir. avo Ctr s�Of CD m r n p- 1IDRf cc 7�V1 lB, 3ud Cir. 4 Ro':er.Cir: asex _, Ue Ville Cir Lamar Dr. t r parker Cir. 2 coM1DOTog cD, m [) 18�yyyi ��y f66$a m. ; - ;N O, 16722, Fe r w, n Cir.Cb N Q _ar�p'c' m Bb �,� cy " 1$T?2i16729 9nGveuL _m m n0 'v'�.�It .� '�aa ,� :m 67 68$2 Ro al Dr P.r �", 4 ff t t (u -rr'm m - , i V 16752 - 887'1. r 4 rF tir j p _ Howard Ctr. ,67T2 ' Camel Cir 0 na ri �` pia r' 18792 889Z; 16778.�� rn m :� o eP pis vz � C '15822 81 'm '8691 16832 801 m m - Salem Cir.16M Arnett Dr. 1 � m -.k m: � ri ti N N "sv N ,N 1021 a851 16821 36822 prq _..'r.oD aD cD; ro c61 81y 168321s63.1 C SV 'N, N N N8852 w 0a 0 N �N -16892- �. D 16841 rb m m' �' . 1602 Kent Cir. 18842 Y fan `�` �.,-� � � °� "'<. �`ti 8S7 8692.. 1$881 ago :m .m:- r� � � � m l3ivie?-MeBdowaAAls• _16871 8862 . M71 892 erle 1 869.Esesi n m mi �' N dssiz Vicero :Cir. is0b1 ' ,769O B87, 8831 y 4 N�8922 ' t` w dN39� 1 m ep ca . N. 99DT 1f 111�1v2bB 'tl' Sq IRf'.�sO 'a , .'MOW f r V1la r Ar Ave. 4 u P'.rtpa I^aR+.`r� 'vd gswaevs+52s.plmp@ssaaa \ Vd 1.0,6U1005 "`'-p'°.p— Beat 9 H.B.OIS Heil Ave. OC 3217 TG 828 B7 263 N \= . w e J Wamer Ave. s v - AP JLJL i r� MSC-487 Landscape Maintenance-Facilities 12-13 —23— Exhibit A Talbert Ave. 1_7 ■pMnf ,� in 10 '+T+ o-r1f+t r+ar+�#'. eh,,}rx�Gr Y'• } } VV V � , 18253 #i(71�1 �S?�15 a ►,1 98262 ';P Af Y^� ; a 1890� J PLLC - i Fire��� 1841.1 ,A. '` ghee r ei3port E a 21, .1• ' r r n� r1i�+ .,,,,- � .1r ti.�• nay,}�1" '� y > u + c IX' hs�� tiY o�r•��kµ4a..nubonz9,ll91p�p'.191and Vd.IAWOIA! JmfNWAbmS�DeP.W=iRR GIS Beat 7 281 I ertA OC 3514 199 TG 857 H2 _ 292 E Its 411 S -- EXHIBIT E SAMPLE SERVICE SCHEDULE LOCATION RD DAYS OF WEEK M T W TH F Beach Operations Yard 474 �iMe Bolsa Chica Pump Station 197 City Gym and Pool 441 ; Civic Center 431 _tea ..; Don Kiser Corporation Yard 271 s " Downtown Commercial District 451 Edwards Fire Station#6 318 `` Edwards Hill Reservoir 318 Flounder Pump Station 426 Malibu Pump Station 485 Marilyn Pump Station 169 Meredith Pump Station 447 =_ Newland House and Barn 433 Park Tree and Landscape Yard 281 Peck Reservoir 127 Rodgers Senior Center 349 Scenario Pump Station 155 Shields Pump Station 168 Utilities Yard (Water Operations) 422 Warner Fire Station/Parking Lot 173 Well Site #1—Capetown 138 Well Site#3a —Oak 272 Well Site#5—Warner 264 <. Well Site#9- Warner 264 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A EXHIBIT F MINIMUM STAFF REQUIREMENTS LANDSCAPE MAINTENANCE SERVICES— FACILITIES, MSC-487 Following are the minimum staffing requirements to service this contract: PERSONNEL QUANTITY FUNCTION Supervisor/Foreman One (1) Liaison between Contract crews and City Irrigation Tech One (1) Maintain irrigation systems Grounds Maintenance Two (2) Perform specified maintenance tasks EXHIBIT G SAMPLE CONTRACT Sample contract is included as a representation of terms and conditions. MSC-487 landscape Maintenance-Facilities 12-13 Exhibit A SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach a municipal corporation of the State of California, hereinafter called "City," and a hereinafter referred to as "Contractor." Recitals A The City desires to retain a Contractor having special skill and knowledge in the field of B Contractor represents that Contractor is able and willing to provide such services to the City C In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3 02, NOW, THEREFORE, it is agreed by City and Contractor as follows 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference These services shall sometimes hereinafter be referred to as the "Project" Contractor hereby designates who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement 3. Compensation a City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $ during the term of this Agreement 1 of 11 b Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City C. Contractor shall be paid pursuant to the terms of Exhibit`B " 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate unless terminated earlier in accordance with the provisions of this Agreement All tasks specified in Exhibit "A" shall be completed no later than [designate] years working days from the Commencement Date The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A " This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," Contractor will undertake such work only after receiving written authorization from City Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, 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 2of11 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence If coverage 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 a&Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a 3of11 separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall fiurrnsh 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 tunes have the right to demand the original or a copy of the policy of insurance Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination In such event, Contractor shall be entitled to receive and the City shall pay Contractor 4of11 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions a As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate b Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. Assignment Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation:of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications 5of11 will be sent by notifying the other party via personal delivery, a reputable 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 headmgs, 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 6 of 11 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A date of its execution and delivery, be deemed an original Each duplicate original shall be deemed an original instrument as against any party who has signed it 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City, and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discnnunate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction -Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 7of11 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 herembelow 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. Entirety (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 parry'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. 8of11 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this 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 By: print name Mayor ITS. (circle one)Chairman/President/Vice President AND City Clerk By INITIATED AND APPROVED print name ITS (circle one) Secretary/Chief Fmancial Officer/Asst Secretary-Treasurer Director/ Chief REVIEWED AND APPROVED: APPROVED AS TO FORM. City Administrator City Attorney 9of11 CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name City Administrator ITS' (circle one)Chairman/President/Vice President INITIATED AND APPROVED: AND By: Director/ Chief print name ITS (circle one)Secretary/Chief Financial Officer/Asst Secretary-Treasurer APPROVED AS TO FORM: City Attorney kcdesktop 9 of 11 MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit A CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name Director/ ITS (circle one)Chairman/President/Vice President Chief AND APPROVED AS TO FORM. By. print name City Attorney ITS (circle one)Secretary/Chief Financial Officer/Asst Secretary-Treasurer kcdesktop 9 of 11 EXHIBIT H INSURANCE REQUIREMENTS MSC-487 Landscape Maintenance-Facilities 12-13 Exhibit 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 carrier with a current A M Best's Rating of no less than A VII 1.CONTRACTORS—Any persons or entities or Contract with the City and/or provide service to the City which are readily available and efficiently procured by competitive bidding Requirements General Liability, Workers'Compensation,Auto Liability,Additional Insured Endorsements 2.DESIGN PROFESSIONALS-Professional Service contractors who contract with the City and/or provide architectural and/or engineering services to the City Requirements Errors and Emissions(Professional Liability)$I,000,000 coverage 3.LICENSEES/LESSEES—any person or entities who make contract with the city for the use of public property Regutrements 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 Regutrements 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 gamed 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 Regutrements Errors and Emissions(Professional Liability)$I,000,000 coverage Private Property Work Permit Requirements—If the planned work does not involve public property or its right-of-way(e g sidewalk/street),the Workers'Compensation Certificate is the only insurance requirement However,if the work site is adjacent or attached to public property,the City Attorney's Office must be informed for consideration of liability and decides whether or not to approve the certificate with a specific"Private Property Only"approval stamp ➢ General Liability(G/L)—The general liability requirement is for$1,000,000 with"per occurrence"type claims coverage and a separate"Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers"as additional insured on the endorsement (see below for Additional Insured requirements) ➢ Additional Insured Endorsement Requirements—The City,its officers,elected or appointed officials,employees,agents and volunteers are to be specifically named and covered as additional insureds by separate attached endorsement(s)as respects liability 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 GIL&Auto "Additional Insured Endorsement"page. 0 MSC-487 Landscape Maintenance-Facilities 12-13 Waiver Procedure To request a waiver,indicate here[]and provide a brief description( 1—2 sentences)of the proposed work/project,its dollar value(if not a specific dollar amount,use an average,annual estimate or non-profit)and projected timeframe(perjob or as-needed basis) For substantial dollar deductible/SIR amounts,a financial statement is required(Balance Sheet, Budget Reports,Dun&Bradstreet Report,etc) Waiver Requested Encroachment Permit[] Private Property Work Permit[] Consultant Services[] Other Proposed Work Dollar Value Projected Timeframe