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Home My WebLink AboutSpectrum Care Landscape and Irrigation Management - 2006-02-09 AMENDMENT NO. I TO MAINTENANCE SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SPECTRUM CARE LANDSCAPE M4INTENAINCOE AT MANAGEMENT F LANDSCAPE VARIOUS LOCATIONS WITHIN THE CITY THIS AMENDMENT No. I is made and entered into by and between the CITY OF al co o as "City'll IRJNTINGTON BEACH, a California municip IRRIGATION hereinafter t ATIONMANAGEMENT, o California and SPECTRUM CARE LANDSCAPE AND corporation,hereinafter referred to as"Contractor." WHEREAS, City and Contractor are parties to that certain agreement, dated February 9, 2006, entitled "Maintenance Services Contract each and Bent for tween tLandscape Maintenanhe City of ce Bat Various Spectrum Care Landscape and Irrigation M g Locations within the City" which agreement shall hereinafter be referred to as the "Original Agreement," and City Since the execution of to Original Agreement, extend Contractor have agreed to extend the term and to make adjustments in the Scope of Work; an ons facing California cities; City has requested Co Due to to economic conditi actor to ntr reduce the compensation previously agreed upon and Contractor has agreed to do so; and City and Contractor wish to amend the Original Agreement to reflect these revisions. NOW, THEREFORE,it is agreed by City and Contractor as follows: ... 1 paragraph 3 of the Original Agreement is hereby amended as follows: 3. ADDITIONAL COMPENSATION City agrees to pay; and Contractor agrees to accept as full lccompensatmade on for th r the faithful performance of this Agreement, subject to any additions o additional sum not t provisions of this Agreement or the Contract Documents, an o exceed Nine 00,000.00) to be paid as provided in this Agreem Hundred Thousand Dollars ($9 ent. This additional sum shall be added to the original contract6 233.00), fort of Two y new total contract Ninety Six Thousand Two Hundred Thirty Three Dollars (� One Million One I1-undred Ninety Six Thousand Two Hundred Thirty Three Dollars ($1,196,233.00). This sum shall be paid by City as follows: tor shall 1) Effective June 1, 2009, Contraclall continue the L 10% discount and hall ratesntractor's original provide ten percent (10%). Contractor sl 1 11-2769.001h8860 an additional 5% discount, for a total discount to the original contract rates of 15% for the term of the Agreement as follows: Main Street and Facilities $ 1,980,00 per month Park SACS s�b�� p $20,984.00 per month 2010 R:e�e and Medians $25,840.00 per month Roadside Medians and Maintenance $ 9,591.00 per month Water and Stomi Pump Stations $ 283.00 per month Total: $58 678.00 per month 2) Contractor shall contribute an average of$1,000 per month for the term of the Agreement toward landscape or irrigation enhancements; the scope, location, and schedule of which shall be determined by City and Contractor. 3) Contractor shall waive any CPl increase for the term of the Agreement. 2. Paragraph 4 of the Original Agreement is hereby amended to read as follows: 4. PAYMENT Contractor shall submit monthly invoices for services rendered for the prior month pursuant to this Agreement and as specified in Exhibit A. The payments specified in Exhibit A shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement unless City approves additional compensation for additional services. Contractor shall submit all billings for said services to City in the manner - specified in Exhibit A, or, if no manner be specified in Exhibit A,then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 3. Paragraph 6 of the Original Agreement is amended as follows: 6. TERM OF AGREEMENT The term of this Agreement shall be extended for one term of fifteen (15) months, which shall expire on May 31, 2012. The terms and conditions of the renewed agreement will remain the same as the Original Agreement unless both parties agree in writing to an amendment. In January of 2012 both parties may agree to negotiate an additional one year extension. If negotiations are still in progress at the end of any term previously agreed upon, the City and the Contractor shall continue performance as required herein on a month-to-month basis until either a new agreement is entered into or the City terminates the relationship in accordance with the provisions contained in the Original Agreement. 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) G -- 11-2769.( 1153860 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 the usual rate of payment provided herein. 4. Exhibit A, Scope of Services "Specifications for Park and Landscape Maintenance Contract PLMC-05/06" of the Original Agreement is hereby amended as follows: IV. Turf Maintenance 7. Thatch Removal. Annual thatch rzmoval shall not be required. 5. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on I ZV , ��// SPECTRUM CARE LANDSCAPE& CITY OF HUNTINGTON BEACH, a IRRIGATION MAINTENANCE municipal corporation of the State of Cali ornia By: .0 1##(47f #*;�- Finance Director print name ITS: (circle one)Chairman/President/Vice President AND INITIATED AND APPROVED: Director of Pub c Works -int name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer APPROVED AS TO FORM: REVIEW D APPROVED: -City Attorney W itranager 11-2769.001,158860 GENERAL REQUIREMENTS AND SPECIFICATIONS rark and Landscape 05/06 Prepared by the Director of Public Works 2005 The City of Huntington Beach 1000 Main Street P.O. Box 190 Huntington Beach,California 93648 Phone 714.536.5431 •Fw<714.374.1573 CITY PARS{ FACILITIES 1. John Baca Park 2. Helm Park 3. Oakview Center 4. Prince Park 5. Trinidad Park 6. French Park 7. Talbert Park 8. Lambert Park 9. Lebard Park 10. Eader Park 11. Bolsa View Park 12. Seabridge Park 13. Booster Park 14. Harbour View Park 15. Havenview Park 16. Tarbox Park 17. Weider Park 18. Manning Park 19. Amberleaf Park 20. Ruth Finley Park 21, Ruth Bailey Park 22 Gibbs Expansion 23. Discovery Well 41 24. Ron Pattinson Park 1 CITY LANDSCAPE FACILITIES 1. Water Maintenance Facilities 2. Don Kiser Corporation Yard 3. Main Street Mall Area 4. Scenario Flood Pump Station 5. Capetown Well Site#1 6. Bolsa Chica Flood Pump Station 7. Warner/Magnolia Well Site#9 8. Warner Well Site#5 9. Meredith Flood Pump Station 10. -Malibu Flood Pump Station 11. Marilyn Pump Station 12. Shields Pump Station 13. Warner Fire Station/Parking Lot 14. Post Office 15. Main Street/Fifth Street Public Way 18. Police Annex/Shank House 17. McFadden Overpass 18. Ear( Percy Boat Launch 19. Walnut& Fifth Street Parking Lot 20. Main Street Parking Structure 21, Main Street and Huntington Walkway 22. Flounder Pump Station 23. Fifth Street Planters 24. Public Way Water Fountains 25. Edwards Fire Station#6 26. Edwards Hill Reservoir and Booster Station 27. Water Well#3 28. Edwards and Talbert Avenue Slopes 29. Center Drive 2 Table of Contents Notice Inviting Bids 4 Instruction to Bidders 6 Proposal 11 Noncollusion Affidavit 22 Utility Agreement 23 Disqualification Questionnaire 24 Compensation Insurance Certificate 25 Underground Service Alert Identification Number 26 Proposed Information Required of Bidder 27 General Requirements / Specification 29 Exhibits 49 3 NOTICE INVITING SEALED BIDS PLMC—05/06 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 the Purchasing Department, 2000 Main Street, Huntington Beach, California 92648, up to the hour of{Time} on{Month Day, 2005. Bids will be publicly opened in the Council Chambers unless otherwise posted. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages'for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. Two-year term agreement with a three-year extension, City shall pay contractor, in addition to the annual contract price, a cost of living increase, if any. This cost of living increase shall be based on the percentage of increase in the Los Angeles-Anaheim- Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area from April to April of the preceding twelve (12) months. On or before August 1, 2003, and on or before August 1 st of each year thereafter during the five (5) year extended term of this Agreement, Contractor shall advise City in writing of the cost of living increase, if any, and the additional amount of money requested by Contractor, for the period of October 1, 2002 through September 30, 2003 and each similar one (1) year period thereafter during the five (5) year extended term of this agreement. If the additional amount of money requested is acceptable to City, City shall pay such additional compensation to Contractor no later than September 30, 2003 or not later than September 30th of each year thereafter during the five (5) year extended term of this Agreement. Contractor shall be entitled to only one payment per year during each year of the of the five (5) year extension period for such a cost of living increase; and this payment shall include full compensation to Contractor for all costs and expenses, of whatever type or nature, not included in the Annual Contract Price. The AGENCY will deduct 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon, 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. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The 4 successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. 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. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the day of 200_. Attest: Joan Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH 5 INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, telephonic, or electronic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will . enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. 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" for 6 Park and Landscape Maintenance Contract CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return of Proposal Guarantees 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. Disqualification of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. If there is reason for believing that collusion exists among any or all of the bidders, any or all proposals may be rejected. Proposals in which the prices are obviously unbalanced may be rejected. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. 10. Subcontractors No subcontractors shall be used for any portion of this contract. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties 7 under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY in writing by XXXXXX. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. No verbal agreement or conversation with any officer, agent or employee of the City either before or after the execution of this contract shall effect or modify any of the terms or obligations herein contained. - 12. Equivalent Materials Requests for the use of equivalents to those specified must be submitted to the AGENCY 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. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to 8 the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond cannot be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all required insurance and bonds within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised. 17. Submission of Bonds and Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California. This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address & phone: Orange County Superior Court Probate Court Operations 341 The City Drive P.O. Box 14171 Orange, CA 92613-1571 (714) 935-6061, Contact Linda C. Wallace or by visiting http://www.insurance.ca.gov/docs website. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: 9 (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. 20. Questions Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received in writing by the Park, Tree & Landscape Operations Manager up to five working days prior to the bid opening. Questions received after this time will not be addressed. 21.Deficiency Notice Notices and penalties for non-performance are set forth as follows: (a) Deficiency notice the contractor is required to correct deficiencies within the time specified by the City of Huntington Beach. (b) 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. 22.Inspection of Work The City and Contractor's representative shall make weekly inspections of all areas included in the contract. The results of each inspection shall be recorded and retained for reference using a Weekly Inspection Sheet (Exhibit A). Thirty-two (32) hours shall be allotted monthly for inspection and contract supervision. The Contractor shall compensate the City for all time required for inspection and supervision in excess of the above specified time, providing that: The excess time is, in the opinion of the City, required due to an inadequate level of maintenance; The Contractor has been informed of the deficiencies upon completion of weekly inspection; The Contractor has failed to correct said deficiencies within twenty-four (24) hours after notifications period. Compensation shall be charged at a rate including actual time, mileage and fringe benefit costs incurred by the City. 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 10 this document and provided no other arrangements have been made between the Contractor and the City. Notices and penalties for non-performance are set forth as follows: Deficiency Notice (Exhibit 13): The Contractor is required to correct deficiencies within the time specified by the City. 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. Cafl-out of City forces during off-hours, resulting from improper programming of sprinkler controllers, will be charged to the Contractor at time and a half. It also should be noted that there is a minimum two-hour charge for labor on any call-out. 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. The Contractor's representative shall contact the City on a regular basis for notification of special maintenance item(s) requiring correction. The Contractor shall provide a Crewleader and maintenance crew at park and landscape sites weekly during normal working hours as determined by the City. 11 BID PROPOSAL FROM: Firms Name To the Honorable Mayor and city Council, City of Huntington Beach, California: Regarding Park and Landscape Maintenance Contract 05/06. In compliance with the request for proposals for City Park and Landscape Maintenance PLMC — 05/06, I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned will not subcontract any work accomplished by this contract. For the furnishing of all labor, materials and equipment, and/or all incidental work necessary to deliver all improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices; to wit: ITEM APPROXIMATE ' ITEM WITH UNIT PRICE UNIT TOTAL NO. ' QUANTITY / WRITTEN IN WORDS PRICE AREA ---..-._..:. - -.-__..._ -.._.._.._.....-- ------ ._.... ._.._..._.._._...._._.... --._..------ - .--- ----- --4.-.--- 1. 4.0 Acres ; For the furnishing of all labor, material and equipment to provide full and complete i d m intenance at John Baca Park ? �, 343'92. 1��72a'°Y at�3VV, 8per acre per month I 2. 2.0 Acres For the furnishing of all labor, material and equipment to provide full and complete maintenance at Helm Park at6 per acre per month________T—_,_ 3. 1.6 Acres For the furnishing of all labor, material and equipment or provide full and complete �Ss� �� L 390.8 maintenance at Oakview Park at 3 er acre per month 4. .2 Acres For the furnishing of all labor, material and equipment to d provide full and complete r64.�d � 836.3 maintenance at Prince Park at per acre per month. 5. .5 Acres For the fumishing of all labor, material and equipment to d provide full and complete maintenance at Trinidad Park at / per acre per month. 12 6. .3 Acres For the furnishing of all labor, ! j j I material and equipment to provide full and complete maintenance at French Park at ( 10YSY ; ---,-__-- -----_-- -- 3Ya.W9 per acre_per month. .-.-____--- 7. 5.5 Acres 1 For the furnishing of all labor, material and equipment to ! } provide full and complete maintenance at Talbert Park at 1g66. ; .2,,991, 3 �! per acre per month. 8. 3.5 Acres j For the furnishing of.all labor, material and equipment to provide full and complete ��LI� ' maintenance at Lambert Park at >°tiIS!69 I 3v�� per acre per month. 9. ' 5.0 Acres For the furnishing of all labor, material and equipment or i provide full and complete �7 maintenance at Weider Park at 3(ZB.gf—Sper acre per month. ----...—-_ ------- - ._.._._—.. ---- --- ---- ----------------._.. _....--:---------- - 10. 5.0 Acres For the furnishing of all labor, material and equipment to provide full and complete �J7�/z.2v "iz,o� 5t�v: maintenance at Lebard Park at I gtB.ySTer acre per month. 11. 2.5 Acres For the furnishing of all labor, material and equipment to provide full and complete g 71. 2-0 maintenance at Eader Park at per acre per month. 12. 3.0 Acres I For the furnishing of all labor, material and equipment to provide full and complete 0Ll'-�7. Lv 1; 2 Sys•y m intenance at Bolsa View Park ; 1 a 3y8yg per acre per month. I 13. 4.5 Acres For the furnishing of all labor, ' material and equipment to provide full and complete m intenance at Seabridge Park a1_3y8_ySper acre per month. 14. 1.0 Acres For the furnishing of all labor, ! material and equipment to provide full and complete 3 qe.q d maintenance at Booster Park at 'f3y8. per acre per month. 13 15. ; 3.5 Acres For the furnishing of all labor, material and equipment to ! I provide full and complete I mainte ance at Harbour View !�J Z. Parka 8.V per acre per month 16. 13.0 Acres ' For the furnishing of all labor, i j material and equipment to provide full and complete mainteg ance at Haven View !��°y "4y ! ZiSy� 8 Park af34/9I-A er acre per month 17. .5 Acres For the furnishing of all labor, material and equipment to i provide full and complete maintenance at Tarbox Park at �t8.y per acre per month. 18. 2.5 Acres For the furnishing of all labor, I material and equipment to j provide full and complete I�127l. za I�Io,YC'426 !�rnaintenance at Manning Park r I ---- ---.i_..------------ — --y- er acre per month. 19. .2 Acres j For the furnishing of all labor, material and equipment to provide full and complete y 7D g36.3 m intenance at Amberleaf Park aQy.8.-YBper acre per month. 20. .6 Acres For the furnishing of all labor, material and equipment to provide full and complete i maintenance at Ruth Finely °57°yosr'a� Park ate_per square foot I Viper month. 21. .6 Acres For the furnishing of all labor, material and equipment to I provide full and complete 0q maintenance at Ruth Bailey i�2.o q•oy Park at . co$ per square foot I per month 22. 2.4 Acres ; For the furnishing of all labor, j material and equipment to provide full and complete �g .3 maintenance at Gibbs I I Expansion at. Oo6 per square foot per month. 14 23. 18 Acres For the furnishing of all labor, material and equipment to provide full and complete maintenance at Discover Well lizL787. y4--" Y #1 at , a08 per square foot per I I m onth:--------- 24. 3.5 Acres For the furnishing of all labor, i I material and equipment to provide full and complete I maintenance at Ron Patterson Park at . oc S per square foot I per month. 63.4 Total Park Total of Items 1 Through24 r Acreage �22j 1 z .265 20. I ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT I TOTAL NO. I QUANTITY / WRITTEN IN WORDS PRICE AREA 1. 23,200 s.f. For the furnishing of all labor, - material and equipment to provide full and complete maintenance at Water1 Maintenance Facilities.co per square foot per month. _ 2. 89,300 s.f. For the furnishing of all labor, material and equipment to provide full and complete maintenance at Don Kiser - Corporation Yard at.oWsLper square foot per month 3. 69,444 s.f. For the furnishing of all labor, material and equipment or provide full and complete �313.$g 'fi3�766 -'Z maintenance at Main Street Mall Area at. oowszper square foot ------— - ._._.. ----- ------'per month I------— 4. 792 s.f. I For the furnishing of all labor, material and equipment to i provide full and complete3 S-8 maintenance at Scenario Flood i �z,/,2.. 9� Pump Station at .c5qV52per square foot _per month. 5. ~ 1,218 s.f. For the furnishing of all labor, material and equipment to I provide full and complete j maintenance at Capetown Well Site #1 at .oogQper square foot per month. 15 6. 1,200 s.f. For the furnishing of all labor, 4 material and equipment to provide full .and complete j maintenance at Bolsa Chicas. Flood Pump Station at.o�owsz ------ per square foot per month. 7. 450 s.f. For the furnishing of all labor, material and equipment to I I provide full and complete maintenance at 1"Z.a3 i�`Z y.36 I Warner/Magnolia Well Site #9 at I .elhd s per square foot per j month. 8. ! 2,160 s.f. ! For the furnishing of all labor, material and equipment to I provide full and complete9 imaintenance at Warner Well i Site #5 at cogs?oer square foot per month._.---- --------._... -- --- 9 1,102 s.f. For the furnishing of ail labor, j material and equipment or provide full and complete maintenance at Meredith Flood Pump Station at-go S-per square foot per month__ 10. 1,482 s.f. For the furnishing of all labor, I material and equipment to .¢ provide full and complete TKO.'-Ia maintenance at Malibu Flood Pump Station at .ce per ------I-------- -- --- square foot per month_---- -- 11. 1,078 s.f. I For the furnishing of all labor, material and equipment to provide full and completeS-g y y maintenance at Marilyn PumpLl.$� Station at .00vsaper square _ __ foot per month. _ l p _ --12-- 800 s.f. � For the furnishing of all labor,-----?- -_____..._______.__..__�.___-_._._____.._. 1 material and equipment to provide full and complete 13. 62, j. maintenance at Shields Pump Station at . WYS,a�er square foot per month. i 13. ! 14,950 s.f. For the furnishing of all labor, i material and equipment to provide full and complete i g`Q�Y maintenance at Warner Fire " Station/Parking Lot at.ooYsz er square foot per month. 16 14. ; 6,390 s.f. For the furnishing of all labor, material and equipment to .provide full and complete maintenance at Post Office at i �g -60gl?per square foot per I month. 15. 7,800 s.f. For the furnishing of all labor, i material and equipment to provide full and complete maintenance at Main3S• Z� t�,23.ad Street/Fifth Street Public Way at oar s'Z�er square foot per month. 16. 1909 s.f. For the furnishing of all labor, material and equipment to provide full and completeL�,lrj �9 maintenance at Police i Annex/Shank House at . ;per square foot per month. 17. ! 169,333 s.f. I For the furnishing of all labor, material and equipment to provide full and complete i maintenance at McFadden38 Overpass at. aoyr square - ---- -- -=-foot Per month_--- --- ------- - .__.._.._..."... ..__... - .._......-..- ----------- - 18. 13,000 s.f. For the furnishing of all la-bor, material and equipment to j provide full and complete _ maintenance at Earl Percy Boat ! S8 )�6 7os I z Launch at .CD'-/SZper square -----!- ------- foot per month_----------._.._..--------- ----- -- 19. 1300 s.f. For the furnishing of all labor, material and equipment to -G— provide full and complete maintenance at Walnut & 5`h i Street Parking Lot at -8_. ;per square foot per month. 20.^ 5,489 s.f.- For the furnishing of all labor, — - - material and equipment to provide full and complete �ys� �9�)� maintenance at Main Street Parking Structure a per f square foot per month. `rsZ— !------' --------- 21 4,500 s.f. I For the furnishing of all labor,- material and equipment to provide full and complete maintenance at Main Street & Huntington Walkway at . OpysZ' er s care foot er month. 17 22. ; 1,108 s.f. ; For the furnishing of all labor, material and equipment to I provide full and complete maintenance at Flounder Flood Pump Station at. r square foot per month. ! _ 23. ! 1,200 s.f. For the furnishing of all labor, ! I material and equipment to provide full and complete I I maintenance at 5`n Street Planters Between Walnut & 5i2 Orange Avenues at.yo Y,5W I ----` ----- - -......_.-- - square foot per month. 24. I6�-sf. For the furnishing of all labor, r , material and equipment to d I provide full and complete i Yy 7 q6 ' I maintenance at Main Street tos'65 s i 5`n Street Public Way Water i Fountains atX, , 22r square .....-_--------- -- foot per month. --------._.._ -' - - 25. 1 24,000 s.f. For the furnishing of all labor, material and equipment to provide full and complete maintenance at Edwards Fire Station #6 at.122YSZLer square foot per month. 26. 35,OOO s.f. For the furnishing of all labor, — material and equipment to I provide full and complete i maintenance at Edwards Hill Reservoir and Booster Station at . G? r square foot per month. 27. ! 575 s.f. For the furnishing of all labor j material and equipment to i provide full and complete maintenance at Water Well 43 Z �a l' 2.v at.—{der square foot per i month. 28. 1 73,969 s.f. I For the furnishing of all labor I I material and equipment to provide full and complete 1�3�`-� icy011. q6 maintenance at Edwards and I -' Talbert Avenue Slopes at L�UU Z per square foot per month. 18 29. 12,668 s.f. j For the furnishing of all labor j I material and equipment to I provide full and complete maintenance at Center Drive at as 'Lper square foot per month. 563,417 Total Total of Items 1 Through 29 Square Feet of j ¢ 59 Landscape It is understood and agreed that the approximate quantities shown in the foregoing proposal are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned understands that the term of the agreement shall be for a period of one year from the date stated in the Notice to Proceed with the option of renewal. The undersigned has examined carefully the site of the work contemplated, the route schedules and specifications and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfies as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirement of the proposal, schedules, specifications, and the contract. Accompanying this proposal is 131'Merp-s 90k-z2— ($ ). NOTICE- Insert the words "Cash," "Certified Check," or"Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above name security as a proposal guaranty and agrees that is shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail.to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said surety shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. 9S8/ 7 19 Signatur of Bid Business Address Z7lel L�u.e� 1cS2 Place of Residence Dated this _,1v day of 20 c> Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature P, Iy►«ur1,17.= y-L,.�edu P} /zo wtL T jioc,se,+�+o E��e�•oa w�ao `n`"'f' n.i Base Bid APA%A.b.j/y T. ec� �},iulr.�.sia ou�wo 7tWo vwDTcap/ArG ]'�wa (Total.Rar and Landscape - In words) Poo-, 9 2-3 2- 4-s� (In-Figures) Bid Alternates: The following items are for comparison purposes only. The contractor shall be paid for the actual quantities completed per the plans and specification. ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL NO. QUANTITY/ WRITTEN IN WORDS ! PRICE AREA 4.0 Acres For the furnishing of all labor, j material and equipment to provide full and complete maintenance at Peter Green �134y— l6, >2-8 I i Park at oa A per square foot i per month. 5 Acres 1 For the furnishing of all labor, material and equipment to j provide full and complete maintenance at Peck Reservoir " 3as at. o Lq per square foot per month. i 4.5 Total Park Acreage #1619388 20 5,356 s.f. j For the furnishing of all labor j material and equipment to provide full and complete j maintenance at Beach Yard at 17S� Q t CI per square foot per ! month. 50365 s.f. ; For the furnishing of all labor j material and equipment to ! provide full and complete maintenance at Ellis horse trail at o! per square foot per month. i ! 3534 s.f. For the furnishing of all labor j material and equipment to j provide full and complete ytl maintenance at Edwards and Marigale Planters at.Est y per ' square foot per month. 67,689 s.f. For the furnishing of all labor material and equipment to provide full and complete �11 maintenance at PCH — 7S 1 t6°-1` Goldenwest to Newland at 13�3� •0165- per square foot per I month. 95131 s.f. For the furnishing of all labor material and equipment to provide full and complete ! maintenance at Adams—Lake St. to to Santa Ana Riverbed at ji'S64 ,o16s per square foot per month. 255,633 s.f. For the furnishing of all labor material and equipment to provide full and complete maintenance at Beach Blvd i Edinger to PCH at.oiC, per i square foot per month. 130,948 s.f. For the furnishing of all labor material and equipment to provide full and complete maintenance at Warner— i Algonquin to Magnolia at.r�lbs i per square foot per month. 608,656 Total j Square Feet of Landscape jy The evaluation and award of this contract shall be based on the lowest responsible bidder's BASE BID proposal. 21 .SpeClrumCaru Landscape&Irrigation Management September 20, 2005 City of Huntington Beach 2000 Main Street P. O. Box 190 Huntington Beach, CA 92678 To Whom It May Concern: On behalf of Spectrum Care Landscape, I would like to thank you for including Spectrum Care on the bid list for the landscape maintenance at your community. Aside from our proposal I have included information on our company for your review. I feel confident that after you have read over the enclosed information and checked our references,you will find Spectrum Care capable to meet and exceed your landscape maintenance requirements. Some of the benefits of using the services of Spectrum Care Landscape are: • 24 Years of industry knowledge • A company large enough to handle small, medium, large and master planned associations • Pro active maintenance plan • Strong communication tools, pagers, radios, cell phones, fully computerized • Servicing all of Orange County and the Inland Empire • Top-flight water management programs • Strong commitment to Customer Service • Strong emphasis on training and safety programs, which provides the client a knowledgeable.employee working on their property • Strong company infra-structure We are confident that Spectrum Care can offer you a maintenance program that will combine"strong industry knowledge"with a dedicated commitment to"customer service"at a"competitive price. After reading over the enclosed information,should you have any questions you can contact me at my office (949) 454-6900 or we can set up a meeting at your convenience. Again, thank you for considering Spectrum Care Landscape and we look forward to the opportunity on entering Into a successful business relationship with your community. Sincerely, SPECTRUM CARE LANDSCAPE Gary P y Director of Operations GP/Sv 27181 Burbank, Foothill Ranch, CA 92610 • (949) 454-6900 FAX (949) 454-6910 • www.spectrumcarelandscape.com NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange TcaL+w �� ll being first duly sworn, deposes and says that 1®or she is Pp-cz 1"DAY' of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, orthat of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Si ture of Bidder Address of Bidder �-✓�` 9�c�o Subscribed and sworn to before me this ` r�day of , 200 . NOTARY PUBLIC 0 LI AL 11RO E M.GOETZ g C.oe M1 1 156N 15 N*kW Ptbk-000=10 22 cam G ►.60"Mca 31, UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Park and Landscape Maintenance Contract, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. SaC_- C_r2vm Contractor By r Title Date: 23 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire-. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. 24 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor By 12C_:& " Title Date: o D 25 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1- 800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number. .s�ecTRc�w. CACP-dr Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms maybe obtained from the AGENCY upon request. 26 PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name: 2. Address: -2, 7 / el .L��.��.�.u,� �aor�:%�,�� 9,Z,6,V 3. Telephon�y� ) - ySy-S9cs0 4. Type of firm — individual, partnership, or corporation: 5. Corporation organized under the laws of the State of: � 6. Contractor's License Number: 9,,'8! ;;, 7. List the names and address of all members of the firm or names and titles of all officers of the corporation: t:2!t w7- !1 Goy - I 64 9.2410 8. Number of years experience as a contractor in park and landscape maintenance: 9. List below the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years Contract Type of Work Date Completed References Amount or Contract Name, Address & Phone Number Duration L r�►�oz c^P ti Qki -(5L.0 11-4-�' 20 -.308.E ti f NCy r4,rNrW /4 11Nti+uA�ly R+�+asc-Rpn 70J-ON-G-o�'N —l' cua Frz AN i oar- 9y 9- o� �.+wuc.jl,� L.o4eyoschp�. L��/s U. %1.9 0,605 Sow-3St�-6� Los, one ' t�cn,. c� 0 N -Gof6-- 27 10.List the name of the person who inspected the sites of the proposed work for your firm: 912-y The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name 4/ hw Sign re of Bidder Printed or Typed Signature o� Subscribed and sworn to before me this;Qr�day of _ . NOTARY PUBLIC NOTARY SEAL w lac #1WM i5 Flaft-CONNOWnft f ownsvCouniv tee,. 28 SPECIFICATIONS FOR PARK AND LANDSCAPE MAINTENANCE CONTRACT PLMC —05106 FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA I. GENERAL The specifications for the hereinafter described Park and Landscape Maintenance services of those parks, roadside and public facilities in the City of Huntington Beach as specified in the Contract Documents shall consist of the requirements and conditions of the following documents: Standard Specifications for Public Works Construction Latest Edition and General Requirements of the City of Huntington Beach, excepting deleted sections, the Arboricultural and Landscape Standards and Specifications of the City of Huntington Beach, the California Landscape Contractors Association Standards book, Supplemental General Requirements, Special Provisions, Attachments, Notice Inviting Bids, the Proposal, the composite of which shall hereinafter be referred to as the Specifications. II. SUPPLEMENTARY GENERAL REQUIREMENTS 1. Scope of Work The contractor shall perform all work necessary to complete the Contract in a satisfactory manner. The areas to be maintained shall include but not be limited to turf areas, ground cover areas, trees, shrubs, play equipment, park furniture, restrooms, sand play areas, drain lines, sidewalks, driveways and aprons, ditches, catch basins, gutters, curb drains, irrigation systems, and park accessories (excluding lighting equipment). Beach areas to the high tide line area are excluded from the park maintenance area. 2. Work Schedule a. The contractor shall deliver to the city a complete park and landscape maintenance weekly work schedule along with the size of work crew and equipment summary sheet, prior to start of the maintenance contract. b. The city retains the right to have certain work sites maintained on certain days. c. Contractor is expected to have the same maintenance work crew assigned to its work sites at all times on a continuous basis. d. Contractor at no time shall leave a work site to complete another sections project, without having completed the work assignment for that day. e. The following work sites shall be completed on these set days: 29 1. Main Street— Monday & Friday mornings (twice a week) 2. Water Operations— Monday after Main Street (once a week) 3. Corporation (Kiser) Yard—Tuesday mornings (once a week) 3. Emergency Services The Contractor shall provide the City with the names and telephone numbers of at lest 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. 4. Working Time Limits All work specified shall be performed between the hours of 6:00 a.m. and 5:00 p.m_, and between the days of Monday and Friday, or as directed by the maintenance operations manager or designate. 5. 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. 6. Qualifications of Contractor In order to be eligible to enter into this contract with the City, the bidder shall: a. Have been engaged successfully in the maintenance of automated/computerized irrigation systems, trees, shrubs, ground cover, turf areas and pest management services for a period of at least five (5) years at the time of the awarding of this contract. b. Agree to employ an English speaking crewleader on a regular basis to supervise the work at the landscape sites. c. Be recognized by the City as well qualified to perform park and landscape maintenance on the basis of experience, expertise, equipment and financial stability. d. Provide references, company or agency, with address and personal contact of a minimum of six (6) current landscape contracts for landscape maintenance; three (3) of which must be of relatively similar size, level of service and cost as this specified work or greater than this project. 30 The following must be supplied by contractor: a. Contractor must have a valid California C-27 license. b. Contractor or contractor's employee must be Certified Pest Control Operator as certified by the State of California and shall maintain the Certification during the term of this agreement. c. Contractor must have on staff and maintain during the term of the contract, a State Certified Pest Control Advisor for written recommendations. d. Contractor must have on staff and maintain during the term of this contract, an ISA Certified Arborist for written recommendations. e. Contractor must have office within the city of Huntington Beach f. Contractor must have radio or telephone communications between office and field personnel. g. Contractor must have 24-hour answering service. h. Contractor must have 5 years of experience in roadside and median landscape maintenance. i. Contractor must have sufficient vehicles and equipment to maintain contract and meet City inspection. No employee's personal vehicle shall be used to maintain City Contract. j. Employees must wear orange shirts or orange vests for safety purposes, and uniforms identified with company name. k. Contractor must obtain and keep current a City business License. I. Contractor must have vehicles marked with name and telephone number of Company. m. Contractor must maintain insurance, as required by City during term of contract. n. 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 31 force by job classification shall be provided to the City prior to beginning work. 7. 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 designate. 8. 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 designate 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 designate. 9. On-Site Storage The storage of tools, equipment or materials within the project area, public right-of- way or easements is prohibited. 10. Personal Attire and Equipment a. The Contractor shall require each of his employees to adhere to basic Public Works standards of working attire. These are basically uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times, buttoned and tucked in. Blue uniforms are not acceptable. b. Contractor shall display the name of his firm on any vehicles used by the Contractor's employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from a distance of one-hundred (100) feet. c. All contractor trucks and other vehicles shall be of one color. All vehicles and equipment shall be in good condition and appearance. All vehicles will display a sign on the vehicle while working on City areas indicating the Contractor is under contract with the City. This sign will be visible at all times. Three pairs of signs will be provided by the City and any additional signs required will be purchased from the City at City cost. The irrigation vehicles will also display a sign that "irrigation maintenance is in progress" while this work is being performed. One sign will be provided by the City. All signs will be returned to the City upon request. 32 11. Chemical Control a. Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial relations and all other agencies, which govern the use of application of chemicals required in the performance of the work. Chemicals shall include but not be limited to fertilizers, herbicides, insecticides, fungicides, rodenticides, 'germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants and repellents. b. Contractor shall apply spray chemicals when air currents are motionless preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project. All chemical applications shall be recommended and supervised by the Contractor's state licensed Pest Control Advisor. The Contractor's state licensed Pest Control Operator shall make application. c. Contractor shall submit a schedule of work plus name of any chemicals used, outlining date, location and work to be performed, four (4) days prior to the week of work. Said schedule shall be submitted to the maintenance operations manager or designate. d. The Contractor shall provide complete and continuous control and/or eradication of all plant pests or diseases. The contractor shall obtain any necessary permits to comply with City, County, State, or Federal regulations or laws prior to commencement of work 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 pesticies and other chemicals. Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with maintenance operations manager or designate. Material use reports of all pesticides shall be filed with the city no later than the 10t'of every month of the preceding month. h. Application of Pesticides 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 33 contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas. ii. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficiency, it shall be applied only in quantities of which each area is capable of receiving without runoff. iii. Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used to which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code-or EPA regulations. . iv. Equipment and Methods: Spray equipment shall be in good operating condition, quality, and design to efficiently and effectively apply materials to the target area. Minimize drift by avoiding high-pressure applications and using water-soluble drift agents. v. Selection of Materials: Pesticides shall be selected from those materials, which characteristically have the lowest residual persistence. Use of emulsifiable concentrates shall be used when possible to limit windblown particles. The use of adjuvants will be to increase pesticide efficiently thereby reducing the total amount of technical material required to gain control. vi. Substitutions: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the maintenance operations manager or designate. 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 designate. viii. All areas of the landscape shall be inspected on a weekly basis for infestations of harmful pests such as gophers, rabbits, squirrels, ants, insects, mites, snails and sow bugs. Plants shall be observed closely for leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliation, or wilted. ix. Identify the cause of injury and consult a State of California Certified/Licensed Pest Control Advisor before application of chemical treatments. x. The State of California Agricultural Code requires that pest control chemicals may be used only after a written recommendation by a State of California licensed Pest Control Advisor is obtained. A recommendation consists of all the applicator should know for an accurate and safe usage. 34 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 designate. 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 designate. 12. Coordination Contractor shall coordinate work with the maintenance operations manager or designate to prevent conflict with City programs and activities. The maintenance operations manager or designate's office is located at 17371 Gothard Street, Huntington Beach. He may be reached by telephone at 714/536-5480. 13. 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 park 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 at all times 14. Sound Control Requirements a. Contractor shall comply with all County and local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the Contract, and shall make every effort to control any undue noise resulting from the operation. b. Each internal combustion engine used for any purpose on the project or related to the project shall be equipped with a muffler or a type recommended 35 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. 15. Inclement Weather a. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather. b. The Contractor shall restake and re-tie trees or other such activities as required as a result of inclement weather. The Contractor will stay available to assist in any storm related damage repair to sites in this contract. c. Contractor shall not work or perform any operations during inclement weather that may destroy or damage ground cover or turf areas. The Contractor shall contact the maintenance operations manager or designate for the determination of non-operation conditions. d. The Contractor shall immediately notify the maintenance operations manager or designate when the work force has been removed from the job site due to inclement weather or other reasons. 16. Contract Documents Contract documents shall consist of the specifications and exhibits, plans, bonds insurance certificates, the contract and all submittals required. 17. 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. 18. Plans e. One set of reduced planting and irrigation plans for each park are provided as part of the contract documents for the Contractors general reference. The Contractor shall be responsible for verifying in the field, areas, quantities and facilities for accuracy. 36 f. 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). 19. Exhibits Exhibits consist of Exhibit A through N. 20. Air Pollution g. 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. h. Material to be disposed of shall not be burned. III.SPECIAL PROVISIONS TRAFFIC AND DETOURS All Traffic Control shall be per City of Huntington Beach "Maintenance.Work Traffic Control Manual Latest Edition. (Exhibit N) W ,1� g� A } t'v( 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 edition of the following documentation: Cal-Trans - Manual or Traffic Control Devices for Construction and Maintenance Work Zones Traffic Manual, Sign Specifications, Standard Plans, Standard Specifications and the AGENCY's Maintenance Work Traffic Control Manual. F .rq "c,It 37 b. The Contractor shall provide to the maintenance operations manager or designate 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. c. Prior to the start of any construction, the Contractor shall inform the AGENCY's Police and Fire departments of the project location, approximate start date, completion date, and the name and telephone number of Contractor representatives who may be contacted at any hour in the event of an emergency. i. POLICE DEPARTMENT: Watch Commander @ 714/960-8809 ii. FIRE DEPARTMENT: Battalion Chief/Development @ 714/536-5411 d. Information signs shall_be required on all arterial streets one week prior to beginning of roadway construction projects. e. The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. f. 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 designate. g. Prior to the beginning of work, the Contractor shall execute the construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the work involved with a minimum of inconvenience to the motoring public. Removing the existing striping shall delineate any relocation of travel lanes longer than three calendar days and legends by wet sandblasting and placing new striping and legends as required. Upon completion of the work and the restoration of the road surface to its final condition, the Contractor shall remove temporary striping by wet sand blasting. h. 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. i. The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the construction area. Contractor shall also post proper signs to notify the public regarding detours and conditions of the roadway, all in accordance with the provisions of the Vehicle Code, the current State of California Department of Transportation "Manual of Traffic Controls for Construction and Maintenance.Work Zones", and the State of California Department of Transportation Standard Plans and the current City of Huntington Beach Maintenance Work Traffic Control Manual. 38 4 j. The Contractor shall furnish such flagmen,and equipment as are necessary to give adequate warning to traffic or to the public of any dangerous conditions in accordance with the current Department of Transportation "Instructions to Flagmen". k. All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY Yard or disposed of as directed by the AGENCY. 3. Warning Signs Adequate warning signs for motorists shall be placed and maintained throughout all applicable phases of the work including speed limit reduction, loose gravel, fresh oil, and open trench. Signs shall be 36" X 36" in size; shall be on site ready for placement prior to start of the applicable phase of work and shall be placed in advance on all streets approaching the work zone. 4. Street Closures, Detours, Barricades a. Street closures will not be allowed except as specifically permitted by the maintenance operations manager or designate. 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 designate 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 designate 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 39 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. 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. IV.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 designate. 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 ad directed by the maintenance operations manager or designate. 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 designate. 40 d. Turf clippings and debris shall be lifted the same day of each mowing, trimming or edging operation and shall be removed from each park and landscape site. e. Turf shall be trimmed to the edge of sidewalks, curbs, mow-strips, retaining wails, posts, valve boxes, controllers, light standards and any paved surface. Turf shall be kept trimmed or sprayed with a contact herbicide for a sufficient distance from sprinkler heads to ensure proper sprinkler coverage and for a distance of eighteen (18) inches from all tree trunks. Contractor shall exercise care not to spray tree trunks with any chemicals or injure the tree trunk with any chemicals or injure the tree trunks with mechanical equipment. 2. Watering An automatic irrigation system is provided for the Contractor's use to maintain optimum soil moisture content to ensure healthy, vigorous growth but shall not be intended as the only means of irrigation. Should there be an interruption of electrical power or malfunctioning of the controller or control valves for more than two (2) consecutive days, the Contractor shall be required to water by other means if necessary to prevent deterioration of the areas involved. The contractor shall be responsible for providing control and monitoring irrigation operations to provide sufficient water for optimum growth with a minimum of water run-off. Unnecessary flooding or excessive watering shall be corrected as quickly as possible. 3. Fertilization a. Prior to fertilizer applications, notification shall be made as required in Part Ii, Section 23, of these specifications. A city representative shall verify the fertilizer quantity at the park site at the time of each application. Empty bags may be required for verification of quantities. b. All turf grasses shall be fertilized as follows: All turf shall receive four (4) pounds per 1,000 square feet of calcium Nitrate per application March and late October. In May and July all turf shall receive six (6) pounds of complete fertilizer 16-6-8 per 1,000 square feet per application. In early September and October, All turf shall receive six (6) pounds of complete fertilizer 16-6-8 plus trace elements per 1,000 square feet per application. Application subject to change per maintenance operations manager or designate recommendation. c. The fertilizer applications shall be applied immediately after the aeroficiation operation. This is subject to change per maintenance operations manager or designate 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 designate. Contractor shall obtain the maintenance operations manager or designate 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 41 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. Weed control required and approved within turf areas by the maintenance operations manager or designate is considered as part of contract. 6. Soil Aerofication Turf aerofication 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. Aerofication shall be done immediately after thatch removal operation in early May. This is subject to change per maintenance operations manager or designate recommendation. 7. Thatch Removal Thatch shall be removed with a vertical mower, or approved equal, once a year in early May from all turf areas as directed by the Maintenance operations manager or designate. 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 designate. Contractor shall obtain the maintenance operations manager or designate 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 designate V.SHRUB AND GROUND COVER MAINTENANCE 42 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 designate. 2. Watering See Part IV, Section 2. 3. Fertilizing Ground cover and shrub areas shall be fed between March and May with a complete fertilizer, 16-6-8 plus trace elements at the rate of 275 pounds per acre or approximately six (6) pounds per 1,000 square feet. Water thoroughly the day before fertilizing and thoroughly again immediately after the application of the fertilizer. Wash all plant food off foliage. 4. Insect, Disease and Pest Control See Part IV, Section 4. 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 manufacturers 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 designate 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 designate. 43 VI.TREE MAINTENANCE 1. Pruning and Trimming The maintenance operations manager or designate 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 certified Arborist. Trees shall be thinned out, headed-back and shaped a minimum of once year. Any dead or damaged branches shall be removed back to a lateral branch. No stubs will be permitted. The Contractor shall restrict growth through pruning to maintain safe road visibility, vehicle and pedestrian clearances, equipment accessibility and to prevent or eliminate hazardous situations. All palms are to be trimmed as often as necessary to remove dead fronds and or fruit. 2. Watering See Part IV, Section 2, of these specifications. 3. Fertilizing Trees shall be fed in early March with a complete balanced fertilizer 16-6-8 plus trace elements at the rate of six (6) pounds per one (1) inch of trunk diameter measured one (1) foot above ground. Fertilizer shall be broadcast round the drip line of the trees and watered thoroughly. 4. Ground Water Pumping Trees provided with PVC vents shall be pumped with a portable pumping device to prevent standing water at lower root zone as needed. Weekly inspection of these vents shall be made by the Contractor and if necessary, corrective action taken immediately. 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. Guys and ties shall be checked periodically to prevent girdling and/or restriction of growth. VII. WOOD CHIP MULCH AREA MAINTENANCE Wood chip areas shall be kept evenly spread at a uniform four (4) to six(6) inch depth. Contractor shall remove weeds and debris as required herein. The Contractor will acquire wood chips from the City of Huntington Beach at 17581 Gothard St. Huntington Beach Ca. 92648 Parks Trees and Landscape Yard. see the maintenance operations manager or designate for the wood chips. 44 1. Replenishment Once per year the contractor will furnish wood chips to the park site 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 park site. No ash, palms or pepper wood chips are to be used on park sites. 2. Weed Control a. Weeds shall be either pulled or sprayed and removed from non-vegetative areas before reaching four(4) inches in height. b. Serious pest weeds shall be treated as specified in Part V, Section 5, of these specifications. No sterilants of any kind are to be used in these areas. VI11. DECOMPOSED GRANITE AREA MAINTENANCE Decomposed granite areas shall be kept in a neat and clean condition, free from weeds and debris. 1. Resurfacing Once per year the City will require that the decomposed granite areas be resurfaced. Contractor shall resurface the area by filling low or worn areas with new decomposed granite to eliminate ponding of water. The decomposed granite shall be paced to a minimum thickness of four (4) inches and compacted with a roller. After rolling, the area, the area shall be smooth and raked and watered thoroughly to provide maximum compaction. Work involved in the resurfacing operation is considered part of contract. 2. Weed Control a. Weeds shall be either pulled or sprayed and removed from non-vegetative areas before reaching four(4) inches in height. b. Serious pest weeds shall be treated as specified in Part V, Section 5, of these specifications. No sterilants of any kind are to be used in these areas. See Part VII, Section 3, of these specifications. IX.SAND AND PLAY AREA MAINTENANCE Sand play areas shall be kept free of weeds, litter and debris. Sand shall be kept in a reasonably leveled condition, as directed by the maintenance operations manager or designate, 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 designate. When additional sand is required, the City maintenance operations manager or designate will determine the screen size/type and quantities. New sand shall be placed and graded in 45 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 weeks 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 walk, play courts, benches, restrooms, picnic tables, fountains, play apparatus and trash receptacles to the maintenance operations manager or designate. The maintenance operations manager or design-ate 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 designate immediately by phone at 714/536-5480 or reporting to Park, Tree and Landscape Maintenance Facility at 17581 Gothard Street, Huntington Beach, CA. 92647. XI.IRRIGATION SYSTEMS MAINTENANCE The controlling factor in the performance of water management within the City landscape maintenance areas is the application of water to landscape plants at a rate, which closely matches the actual demands of plant material and little or no runoff. Roadway safety and maintenance is the first and foremost reason why water must be strictly controlled with the City. Other important water management considerations include safe and dry right-of-ways for community use, water costs, and plant health. 1. Watering a. 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. Irrigation/Operation and Maintenance All landscaped areas shall be irrigated as required to maintain adequate growth and appearance. Irrigation shall be accomplished in accordance with these specifications/guidelines and the following time frames: 46 Manual Irrigation 9:00 AM— 3:00 PM Slopes 10:00 PM — 5:00 AM Public Works Facilities 10:00 PM — 5:00 AM c. Operation/Repair i. 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. This coverage shall include but not be limited to the following: all controllers, backflows and remote control valves, gate valves and sprinkler heads etc. ii. All irrigation systems shall be tested and inspected and a written report submitted to the City hen requ sted. v.7rderiii. All systems shall be adjusted in to: a. Provide adequate coverage of all landscape areas. b. Prevent excessive runoff and/or erosion. c.Prevent watering roadways, walkways or private property. d. Match precipitation rates. e. Limit hazardous conditions. f. Maintain optimum soil moisture content to ensure healthy vigorous growth. iv. All irrigation systems shall be tested and inspected as necessary when damage is suspected, observed, or reported daily if necessary. a. 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. b. Correct deficient irrigation systems and equipment as necessary following verbal notification from the Landscape Inspection 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 acceptable maintenance practices. c. Once the maintenance operations manager or designate acknowledges the necessity to turn on the water once again, all controllers shall be activated within twenty-four (24) hours. 47 v. Backflow Maintenance, Testing and Certification on a Yearly Basis shall be included in the Contract Price. vi. The county of Orange and the City of Huntington Beach Water Purveyors shall approve Backflow certification. a. Battery operated controllers will be kept in continuous operating condition by replacing batteries when necessary at Contractor's expense. b. Contractor will maintain, in continuous optimum operating condition solar powered controllers at all sites at which such units are installed. vii. 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. viii. Adjustment, damage and repairs shall be divided into the following categories and actions: a. 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. b. All damage resulting from Contractor's operations shall be repaired or replaced prior to the end of the workday at the Contractor's expense. c. Repairs to the irrigation system shall be completed within 24 hours after approval by 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. d. All replacements shall be in strict accordance with City of Huntington Beach equipment and installation standard plans, no substitutions will be permitted. ix. Turf, shrubs, trees and ground cover shall be regularly mechanically trimmed around sprinkler heads to insure proper operations and coverage of the system. d. Personnel i. The Contractor shall provide personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustments, and repair, in all types of components to include irrigation controllers, valves, sprinkler heads, and with all brands and models of irrigation equipment used within the city. 48 ii. 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. iii. The Contractor shall provide personnel capable of verbal and written communication in the English language. e. Materials i. All replacement materials are to be with original types and model materials, unless the maintenance operations manager or designate approves a substitute. ii. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems. iii. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty. f. Water Management i. Contractor will keep system in 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 City Representative may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. J. The contractor will be responsible for setting and monitoring the irrigation controllers and will not manually activate automatic valves unless associated with system repairs. iii. All systems shall be programmed weekly and/or as needed to maintain healthy plant materials and landscape. iv. All program changes shall be recorded on the Irrigation Program Log. v. 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 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 for the maintenance contract. Contractor shall vacuum clean all 49 walks, driveways, court game pavement areas, gutters, parking lots and other areas adjacent to work locations, per work schedule. The use of water is prohibited for cleaning purposes unless no other means of effective or unless otherwise specified. Contractor shall be responsible for the periodic inspection and cleaning of all catch basins, drain lines and curb drains within a park site. Any damages resulting from the Contractor's negligence of these inspections and/or lack of corrective measures shall be the Contractor's sole responsibility. Expansion joints or cracks in pavement areas shall be spot treated with a combination of non-selective contact herbicide as needed for weed control. 1. Public Way 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 the 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. 2. 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. (Except 5t' Street Parking Lot) XIII. MAIN STREET MAINTENANCE FALLING ON A HOLIDAY The City observes legal holidays. Any of these holidays falling on Main Street Maintenance Schedule, shall be considered as a regular workday. The landscape maintenance contractor is expected to have a minimum of two (2) workers to carry out the duties on holidays. Failure to complete work assignment or failure to supply the required number of workers will result in a deficiency notice reduction of day. XIV. EXHIBITS. A. Weekly Inspection Sheet B. Deficiency Notice C. Maintenance Frequency Summary and Fertilization Schedule by Task D. Maintenance Frequency Summary by Location E. Maintenance Frequency Main Street Mall Area Summer Schedule F. Additional Main Street Landscape Maintenance Requirements 50 G. Additional Main Street Parking Structure Maintenance Requirements H. Park Locations 1. Park Maps J. Landscape Locations K. Landscape Maps L. Maintenance Work Traffic Control Manual 51 Exhibit A Weekly Inspection Sheet Location: Date: Hazardous Conditions ❑ Good Fair Needs Overall Condition: Work Turf ❑ ❑ ❑ Trees ❑ ❑ ❑ Beds ❑ ❑ ❑ Picnic Facilities, Restrooms ❑ ❑ ❑ Other: ❑ ❑ ❑ Corrections Needed.- Play Equipment Overall Condition ❑ ❑ ❑ Sand Pits ❑ ❑ ❑ Comments: Inspected By: - WeeklV Inspection Sheet Location: Date: Hazardous Conditions ❑ Good Fair Needs Overall Condition: Work Turf ❑ ❑ ❑ Trees ❑ ❑ ❑ Beds ❑ ❑ ❑ Picnic Facilities, Restrooms ❑ ❑ ❑ Other: ❑ ❑ ❑ Corrections Needed: Play Equipment Overall Condition ❑ ❑ ❑ Sand Pits ❑ ❑ ❑ Comments: Inspected By: 52 Exhibit B CITY OF HUNTINGTON BEACH PARK AND LANDSCAPE MAINTENANCE CONTRACT DEFICIENCY NOTICE PLMC-05106 Contractor: Address: Project: Description of Deficiency: Date of Notification: City Representative: Contractor's Representative: 53 Exhibit C MAINTENANCE FREQUENCY SUMMARY AND FERTILIZATION SCHEDULE BY TASK FUNCTION FREQUENCY Irrigation Inspection Weekly Turf Maintenance Mowing Once/Week Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize Four(4) times per year cool season Eight (8) times per year for Bermuda Vertical Mow 1/year Aerate After each application of fertilizer Chemical Control As needed Visual Inspection Every two weeks Ground Cover Maintenance Trim Monthly Fertilize Three (3)times per year Chemical Control As needed Visual Inspection Every two weeks Shrub, Vine & Tree Maintenance Trim As needed Palms As needed to remove dead fronds and fruit Fertilizer One (1) time per year trees Three (3) times per year shrubs/ Vines/groundcover Chemical Control As needed Restake/Check Each site visit every two weeks min. Visual Inspection Every two weeks Handscape Maintenance Each site visit/weekly min. Grounds Policing/Litter Removal Each site visit/per schedule Water Truck Landscape Rinsing Once per month Water Truck Landscape Flooding Two (2) times per month Non-Watered Areas Weed Control Each Visit Wood Chipping/Top Dressing Once per year 54 Exhibit D MAINTENANCE FREQUENCY SUMMARY BY LOCATION FUNCTION FREQUENCY Main Street Mall Area Two (2) times per week Public Way Two (2) times per week Post Office Two (2) times per week Public Way Water fountains_ Two (2) times per week Police Annex/Shank House Two (2) times per week Parking Structure Two (2) times per week Parking Lot 51h Street Two (2) times per week 5th Street Planters Two (2) times per week Water Operations Facilities One (1) time per week Storage Yard One (1) time per week Reservoir One (1) time per week Warehouse One (1) time per week Operations Building One (1) time per week Parking Lot One (1) time per week Don Kiser Corporation Yard One (1) time per week Warner Fire Station/Parking Lot One (1) time per week Earl Percy Boat Launch One (1) time per week Main Street and Huntington Walkway One (1) time per week Edwards Fire Station #6 One (1) time per week Edwards Hill Reservoir & Booster Station One (1) time per week 55 Edwards & Talbert Slopes One (1) time per week Center Drive One (1) time per week Scenario Flood Pump Station One (1) time every two weeks Capetown Well Site #1 One (1) time every two weeks Bolsa Chica Flood Pump Station One (1) time every two weeks Warner/Magnolia Well Site #9 One (1) time every two weeks Warner Well Site #5 - One (1) time every two weeks Meredith Flood Pump Station One (1) time every two weeks Shields Flood Pump Station One (1) time every two weeks Flounder Flood Pump Station One (1) time every two weeks Water Well Site #3 One (1) time every two weeks McFadden Overpass One (1) time every two weeks Malibu Flood Pump Station One (1) time every two weeks Marilyn Flood Pump Station One (1) time every two weeks Beach Yard One (1) time per week Ellis Horse Trail One (1) time per week Edwards & Marigale Planters One (1) time per week PCH-Goldenwest to Newland One (1) time per week Adams-Lake St. to Santa Ana Riverbed One (1) time per week Beach Blvd-Edinger to PCH One (1) time per week Warner-Algonquin to Magnolia One (1) time per week 56 Exhibit E Maintenance Frequency Main Street Mall Area Summer Schedule Landscape maintenance shall begin Memorial Day weekend and every weekend thereafter through the Month of September. Minimum two (2) workers eight hours total shall be assigned to the following: Mall Area Main Street Parking Structure Public Way Post Office Public Way Water Fountains Police Annex/Shank House Parking Lot 5th Street 5th Street Planters Contractor working on city's legal holidays assigned to the Main Street Mall area will have on staff the following: Memorial Day two (2) workers eight (8) hours total. Labor Day two (2) workers eight (8) hours total. Independence Day two (2) workers, total hours sixteen (16). 57 Exhibit F Additional Main Street Landscape Maintenance Requirements (Two Times Per week) All operations will be conducted as to provide maximum safety for the public and minimize disruption of the public use of city facilities. A. General Clean Up 1. All.sidewalks, curbs and gutters extending ten feet (10') from gutter line shall be vacuumed. 2. Vacuum sweepers will be used only. 3. No blowers will be used, except as permitted by the Maintenance operations manager or designate. 4. Remove any foreign matter such as food, ice cream, beverage, blood, vomit, animal feces, human waste, urine, etc. 5. The above shall be cleaned immediately in the same workday. Contractor shall be equipped with water hoses, quick coupler, Hudson Sprayer, five (5) gallon water bucket, scrub brushes and cleaning solutions. If any foreign matter seems to be of oil based substance, contact the Maintenance operations manager or designate. Do not wash down the gutter into the storm drains. B. Pedestrian Safety Grates 1. All tree steel grates are to be cleaned of all litter and weeds. 2. All tree grates to be level with sidewalks. 3. Removal of all weeds, grasses, etc. to ensure elevation of grate matches existing sidewalk grade. 4. Landscape planters are to be free of trash weeds, grasses, and leaves etc. on a continuous basis. C. Groundcover 1. All groundcover after edging must be vacuumed, swept, picked up and disposed of properly. No clippings shall be blown into the street. D. Shrubbery 1. Trim all shrubbery to maintain size and shape per city specifications. 58 2. Trimming hedges put a slight radius to create a smooth flowing line and not have a box look. 3. Any shrubbery to trees that obstruct pedestrian and/or motorist view is to be trimmed back to allow visibility for safe passage. 4. Care must be used not to do any trimming just prior to shrub blooming. 5. Remove any and all dead flower stalks and dead flower bloom immediately. 6. Remove any dead shrubs, limbs, branches, etc. from planting area. E. Trees 1. Contractor shall trim all trees twenty-five feet (25') and under. 2. Remove all dead palm fronds and fruit as often as needed or directed by Maintenance operations manager or designate 3. All trees shall be trimmed at least once a year that are twenty-five feet (25') in height and under except the following trees and location. 4. Palms in round planter at the northeast corner of Walnut and Main Street require more of an open-air look for merchant visibility. This required trimming more often as designated per Maintenance operations manager or designate F. Fertilization See fertilizer chart. G. Pest Control of Plant Materials 1. Control all pests such as snails, slugs, gophers, insects etc_ immediately to minimize damage to landscape. Refer to pest control specifications prior to application of pesticides. H. Turf Mowing, Edging and Fertilization Refer to mowing specifications and fertilization chart. I. Irrigation 1. It shall be the contractor's sole responsibility to maintain irrigation system in good condition along with all trees, shrubs and groundcover. See irrigation specifications for additional information. Note: 90% of all the water main irrigation system is under the sidewalk, concrete or asphalt. 2. No persons other than the irrigation specialist or his supervisor shall be permitted to program irrigation controller. 59 60 Exhibit G Additional Main Street Parking Structure Maintenance Requirements (Two Times Per Week) This is to be coordinated with the Main Street Maintenance Schedule. All operations will be conducted as to provide maximum safety for the public and minimize disruption of the public use of city facilities. A. General Clean Up 1. All sidewalks curbs and gutters extending ten feet (10') from gutter line shall be vacuumed. 2. Vacuum sweepers will be used only. 3. No blowers will be used except as permitted by Maintenance operations manager or designate. 4. Remove any foreign matter such as food, ice cream, beverage, blood, vomit, animal feces, and human waste. If any foreign matter seems to be an oil base substance contact the maintenance operations manager or designate. Do not wash down the gutter into the storm drains. Landscape planters are to be free of trash, weeds, grasses, and leaves on a continuous basis. B. Groundcover 1. All groundcover after edging must be vacuumed, swept, picked up and disposed of properly, no clippings shall be blown into the street. C. Shrubbery 1. Trim all shrubbery to maintain size and shape per city specifications. 2. When trimming hedges, put a slight radius to create a smooth flowing line and not have a box look. 3. Any shrubbery or trees that obstruct pedestrian and/or motorist view is to be trimmed back to allow visibility for safe passage. 4. Care must be used not to do any trimming just prior to shrub blooming. 5. Remove any and all dead flowers, stalks and dead flower bloom immediately. 6. Remove any dead shrubs, limbs, branches, etc. from planting area. D. Trees 61 1. Contractor shall trim all trees twenty-five feet (25') and under. 2. Remove all dead palm fronds and fruit as often as needed or directed by Maintenance operations manager or designate E. Fertilization See fertilizer chart. F. Pest Control of Plant Materials 1. Control all pests such as snails, slugs, gopher, insects etc. immediately to minimize damage to landscape. Refer to pest control specifications prior to application of pesticides. G. Irrigation 1. Landscape irrigation controller is AC powered and is located on Olive Avenue. 2. No persons other than the irrigation specialist or his superior shall be permitted to program controller. H. Steam Cleaning Sidewalks and Gutter Line 1. The outer perimeter of the parking structure shall be steam cleaned once a month throughout the year. All sidewalks and pavers after steam cleaning shall be free of soil, grime, including but not limited to chewing gum, food products, surf wax, fecal matter and graffiti. Contractor to provide a monthly cleaning schedule. 2. All brick pavers shall be cleaned. This includes main entrance into the parking structure around the storefronts. 62 Exhibit H PARK LOCATIONS PARK NAME LOCATION ACREAGE+/- PAGE John Baca Park 7329 Sherwood Drive 4.0 64 Helm Park Chapel Lane/Near Ellis 2.0 65 Oakview Center Nichols/Emerald 1.6 66 Prince Park Venture/Typhoon .2 67 Trinidad Park Trinidad/Sagamore .5 68 French Park Venture/Harbor Channel .3 69 Talbert Park Magnolia/OCFCD 5.5 70 Lambert Park Gumtree/Newland 3.5 71 Lebard Park CraimeNWarwick 5.0 72 Eader Paris Banning/OCFCD 2.5 73 Bolsa View Park Brighton/Crestmore 3.0 74 Seabridge Park Countess Drive 4.5 75 Booster Park Baruna/Davenport 1.0 76 Harbour View Park Saybrook/Talisman 3.5 77 Havenview Park EdingerfWaikiki Lane 3.0 78 Tarbox Park Somerset/Pearle Lane .5 79 Weider Park Lynn/Pararie 5.0 80 Manning Park Detroit/Delaware 2.5 81 Amberleaf Park 7621 Amberleaf Circle .2 82 Ruth Finley Park 6782 Evening Hill Drive .6 83 Ruth Bailey Park Island Bay Lane/Palm Avenue .6 84 Gibbs Expansion Between Heil and Warner Avenue 2.4 85 Discovery Well#1 Summit/Goldenwest 8.0 86 Ron Pattinson Palm Ave/Cherryhill 3.5 87 Peter Green Promenade Pkwy/Seagate Dr. 3.5 88 See Location Maps Total Acres 66.9 63 Exhibit J LANDSCAPE LOCATIONS NAME LOCATION SQUARE PAGE FEET Water Maintenance Facilities 19001 Huntington Street 23,200 Don Kiser Corporation Yard 17371 Gothard Street 89,300 Main Street Mall Area PCH to Acacia Street 69,444 Scenario Flood Pump Station 4742 Scenario Drive 792 Capetown Well Site#1 15041 Capetown Lane 1,218 Bolsa Chica Flood Pump Station 18401 Springdale Street 1,200 Well Site#9 6851 Warner Avenue 450 Well Site#5 6851 Warner Avenue 2,160 Meredith Flood Pump Station 20192 Midland Land 1,102 Malibu Flood Pump Station 22001 Malibu Lane 1,482 Marilyn Pump Station 6752 Marilyn Drive 1,078 Shields Pump Station 6200 Shields Drive 800 Warner Fire Station/Parking Lot 3831 Warner Avenue 14,950 Post Office 316 Olive Street 6,390 Main Street/Fifth Street Public Way Main Street to Fifth Street 7,800 Police Annex/Shank House 204 Fifth Street 909 McFadden Overpass McFadden Avenue/405 Freeway 169.333 Earl Percy Boat Launch 3941 Flounder 13,000 Walnut&Fifth Street Parking Lot Walnut&Fifth Street SE Corner 300 Main Street Parking Structure 200 Main Street 5,489 Main Street and Huntington Walkway Main Street and Huntington 4,500 Flounder Pump Station 9731 Flounder 1,108 Fifth Street Planters Between Walnut and Orange 1,200 Avenues Public Way Water Fountains Main Street to Fifth Street Edwards Fire Station#6 18591 Edwards Street 24,000 Edwards Hill Reservoir and Booster Station 6401 Overlook Drive 35,000 64 Water Well#3 17031 Oak Lane 575 Edwards and Talbert Avenue Slopes Edwards and Talbert Avenue 73,969 Center Drive Center Drive 12,668 Beach Yard 8669 Edison Ave 5,356 Ellis horse trail Ellis at Edwards&Goldenwest 50,365 Edwards and Marigale Planters 18500 Edwards 3,534 PCH-Goldenwest to Newland PCH 67,689 Adams—Lake St.to Santa Ana Riverbed Adams Ave. 95,131 Beach Blvd—Edinger to PCH Beach Blvd 255,633 Warner—Algonquin to Magnolia Warner Ave 130,948 See Location Maps Total Square Footage 1,172,073 65 021/09/2006 16:11 I;A% 8054940781 INSURANCE SERVICES - -----........----- ---— --- - - — - ---- 002 I""i!L.C/RrD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MM/DO/Y YYyI SPECT-3 02 09 06 O6 PHOIHUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Associated Insurance Services, HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 603 Hampshire Rd. , #210 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TKestlake Village CA 91361 Phone: 805-371-3611 Fax:805-371-3609 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Starnet Insurance Co a: Sp Care Landscape Landscape INSURER B: American States Insurance 19704 D b Sp $pp INSURERC: American Zntornatlonal Group 27181 Burbank INSURERD; Foothill Ranch CA 92610 INSURER E: COVERAGES TH E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH PO UCIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. , LIE FNI NSR TYPE OF INSURANCE POLICY NUMBER DATE MN/DDlYY DATE YAM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE S1,000.,000 TEIT X X COMMERCIAL GENERAL LIABILITY PSP10002995-01 12/01/05 12/01/06 PREMISES(Eeoccurence) S 100,0.0.0 CLAIMS MADE '1 OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY S1,000,000 j GENERAL AGGREGATE 3.2. 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP.AGO -S 2,000,000 X POLICY 'PRO- JECT 17 LOC AUTOMOBILE LIABILITY B X ANY AUTO 010E698791-6 12/01/05 12/01/06 COMBINED SINGLE LIMIT s1 000r000 accident) r(Eaa accld ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY - 3 X NON-OWNED AUTOS (Per accident) B X Comp $500. Ded PROPERTYOAMAGE B X Coll $1,000 Ded (Psreccdenl) 3 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO EA ACC 3 OTHER THAN AUTO ONLY: AGG 'S EXCPSWUM13RELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE S J I ER McCRA H,C Attoin icy 3 DEDUCTIBLE /9� /� $ RETENTION S _/ /( 1v 3 WORKERS COMPENSATION AND TORY LIMITS ER C EMPLOYERS' ABILITY AINY PROPRIETORPART NERlEXECUTIVE 32BB692 06/15/05 06/15/06 E.L.EACH ACCIDENT 31,000,000 - OFFICERJMEMBEREXCLUDED9 E.L,DISEASE-EA EMPLOYE S 1,000.,000 if yes,describe under SPECIAL PROVISIONS below E.1-DISEASE-POLICY LIMIT $ 1,00 0 0 0 0 OTHER B Property 01 CG 248130 4 12/01/05 12/01/06 Bldg $669,900 Contents $115 860 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder, its agents, officers & employees are named as additional insured. 10 day notice of cancellation may apply for non-payment of premium. Job: City of Huntington Beach, Landscape maintenance. CERTIFICATE HOLDER CANCELLATION CITYHui SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAnO: DATE THEREOF,THE ISSUING INSURER WILL 6N9EN16R F9.MAIL 3.0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,- City of Huntington Beach Attn: Art Jensen P.O. Box 190 Huntington Beach CA 92647 AUTHORIZED.REPRESENTATtV&__ Tracy Williams l>~J ACCIRD 25(2001/08) RD CORPORATION 198 State Of Cali€ornia CONTRACTORS STATE LICENSE BOARD - ACTNE LICENSE C6xwwr ,iHain 39 $17 CORP SPECTRUM CARE LANDSCAPE AND j IRRIGATION MANAGEMENT aHrn.�,u; C27 ��° 11/30/2006 i BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Spectrum Care Landscape as Principal,(hereinafter called the"Principal"),and Fidelity and Deposit Company of Maryland a corporation duly organized under the laws of the State of Maryland as Surety,(hereinafter called the"Surety"),are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of Ten Percent(10%)of the Amount Bid Dollars($ 10%of the Amount Bid ),for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Park and Landscape Maintenance Invitation No.PLMC-05/06 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this I5th day of September, 2005 A.D., — Spectrum Care Landscape /L Principal Witness &Q/ (SEAL) Fidelity and Deposit Company of Maryland Surety By (SEAL) Witness Megan B.Gaines Attorney-in-Fact Printed in cooperation with the American Institute of Architects(AIA)by Fidelity and Deposit Company of Maryland Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-3 f 0,February 1970 Edition. BID70000ZZ070 I f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ventura On September 15, 2005 beforeme, Tim McClain , Notary Public Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public") personally appeared Megan B. Gaines Name(s)of Signerts) X1 personally known to me—(3� kxarealocr�a��rs# � sco��sifs �clax�zCsvYctgt��e to be the person(s) whose nameN(gaxe subscribed tojbq within instrument and acknowl dged to me that he executed the same in ' e their authorized capacity j, and that by ie their signaturef!e4 on the instrument the person(,' LAIN TM14073344 J, or t e entity upon behalf of which the perso*) acted, MTARYPUSI-C-CALIFORNIA X executed the instrument. VEWWRA COUNTY C My Comm.Exs APRIL23,tow WITNESS my han and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: September 23, 2005 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ® Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland m 1994 National Notary Association•8n6 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91909-7164 Prod.No.5907 Reorder.Call Toll-Free 1-800-876.6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and T.E. SMITH,Assistant Secretary,in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said Company,w�A ,' et forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d spate,constitute and appoint Megan B. GAINES,of Thousand Oaks,California, its true in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and a d undertakings and *Opthe execution of such bonds or undertakings in purs en g upon said Company,as fully and amply, to all intents and purposes, a. ° e h wledged by the regularly elected officers of the Company at its office in ° pns. This power of attorney revokes that issued on behalf of Megan B. at e The said Assistant c o t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- ° C any,and is now in force. IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of September,A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND •gyp DEPp�, F � � - O O By. T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland 1 SS: City of Baltimore f On this 15th day of September, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seat and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Q��a�S R•H,�}O�y Ry Dennis R. Hayden Notary Public My Commission Expires: February 1,2005 POA-F 012-0649 AMCO Insurance Company State of California 1100 Locust Street, Dept. 2006 Performance Bond - Public Works , Des Moines, IA 50391-2006 The premium charged on this bond is $6224.00. This bond is effective from December 1, 2005 and expires on December 1 , 2006 unless renewed by a new bond. If new bond is not provided, it does not subject the Surety to a claim on this bond. Bond No. Bda 698150 KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the City of Huntington Beach State of California, entered into a contract dated December 1,. 2005, with Spectrum Care Landscape and Irrigation Management Inc Foothill Ranch CA hereinafter designated as the "Principal", for the work described as follows: Park and Landscape Maintenance PLMC-05/06 and WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, We, the Principal, and AMCO Insurance Company, Des Moines, Iowa, a corporation organized and existing under the laws of the State of Iowa, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto hereinafter designated as "Obligee", in the penal sum of Four Hundred Fourteen Thousand Nine Hundred Forty Eight and 55/100 Dollars ($414,948.55 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, We have hereunto set our hands and seals this December day of 28, 2005. Spectrum Care Landscape and Irrigation Management, (Inc.) (Principal) By: L4//,?& AMO Insurance Company By: Megan B. Gaines, Attorney-in-Fact COVE AST ORM J dr:IN R cG ff, City Attorney Company Profile Page 1 of 2 Company Profile AMCO INSURANCE COMPANY 1100 LOCUST STREET DES MOINES, IA 50391 800-63 4-73 51 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 19100 NAIC Group #: 0140 California Company ID #: 2192-3 Date authorized in California: July 03, 1975 License Status: UNLIMITED-NORMAL Company Type: Property& Casualty State of Domicile: IOWA Lines of Insurance Authorized to Transact The company is authorized to transact business within these tines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_prof?p_EID=5... 1/25/2006 tPuffiCape Landscape&Irrigation Management EXTRA SERVICES 1. Services or materials not included in this specification may be performed as an "Extra" and billed separate from the base maintenance cost. "Extras" shall be performed with prior owner consent and authorization only. "Extra" work projects can be presented to Owner as a written bid/proposal, which details the intended scope of work and costs. 2. Irrigation materials for repairs will be charged at a cost plus 20% basis. 3. Electronic devices such as controllers, sensors and communication equipment used for irrigation shall be subject to special pricing. 4. Special pricing may be arranged for large repair or improvement projects and shall be determined on a case-by-case basis. 5. "Extra" project labor shall be charged as follows: Supervision $ 50.00 per hour Irrigation Technician $ 32.50 per hour Irrigation Repairmen $ 25.00 per hour Foreman $ 25.00 per hour Laborer $ 17.50 per hour 6. Plant unit prices charged as"extra"are as follow: (Installed Prices) Sod $ 1.00 sq ft 1 gallon shrub $ 5.50 each 5 gallon shrub $ 16.00 each 15 gallon shrub &trees $ 75.00 each 24"box tree $220.00 each Ground cover flats $ 16.00 each Annual color $ 18.50 each ** Plant pricing does not include"hard to find"or patented items, which are typically more expensive. Single staking $ 6.00 each Double staking $ 10.00 each Root Barriers Per Quote 7. Unit cost for items not listed here shall be offered to the Owner by the contractor in a Supplemental bid/proposal. 8. "Extra" work bid/proposal shall be considered an addendum to this agreement and shall conform to the terms and conditions as stated herein. \\Ibm\users\Speccare1\Sa1es Gary\Huntington Beach Pricing 092105.DOC 27181 Burbank, Foothill Ranch, CA 92610 • (949) 454-6900 FAX (949) 454-6910 • www.spectrumcarelandscape.com SpectrumCare Landscape&Irrigation Management September 20, 2005 City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 Re: Landscape Maintenance Superintendent To Whom It May Concern, Luis Avila would be the Superintendent for the City of Huntington Beach contract. Mr. Avila is bi- lingual and has 28 years of industry experience. Aside for industry experience, Luis posses' strong management communication and follow-up skills. We feel, Luis is very pro-active and is .qualified to run a job the size of Huntington Beach. If you have any questions or need further clarification, please feel free to contact me at my office at(949) 454-6900. Sincerely, SPECTRUM CARE A��4 ZryPlm�ley Director of Business Development GP/sv /user/speccare 1/sales/city Huntington beach 092005 27181 Burbank, Foothill Ranch, CA 92610 • (949) 454-6900 FAX (949) 454-6910 • www.spectrumcarelandscape.com I� 1pumcape Landscape&Irrigation Management Company Personnel and Training: Policy at Spectrum Care is to hire personnel on Tuesday of each week, if necessary. New employees go through an introduction of our employee handbook and sign off to ensure they understand what is required of a Spectrum employee. Management personnel then observe new employees with the operation of various tools and machinery to ensure that they are qualified to handle such machinery. All new employees are on a 90 day probation period, to ensure they meet the qualifications to work at Spectrum Care. Safety meetings are held bi-weekly. One meeting is at the corporate office in Foothill Ranch, the other on sight. Safety meetings are under the direction of our General Superintendent, Henry Hall. On site meetings are held by area supervisors. All safety topics are from Cal OSHA. /user/speccare 1/sales/company personmi and training 27181 Burbank, Foothill Ranch, CA 92610 • (949) 454-6900 FAX (949) 454-6910 • www.spectrumcarelandscape.com • n� • �S . • ,.. .. .r �.. F.'�, t REFERENCE LIST City of Mission Viejo City of Fontana (Village of Heritage) 27204 East La Paz 16489 Orange Way Mission Viejo, CA 92692 Fontana, CA 92335 Attn: Tom Levine/Jerry Hill/Mickey Romero Attn: Joan Bearly 949-470-3086 909-350-6760 City of Huntington Beach City of Lake Forest 17851 Gothard Street 23161 Lake Center Drive, Suite 100 Huntington Beach, CA 92647 Lake Forest, CA 92630 Attn: Ron Foreman Attn: Phil Liso 714-536-5480 949-461-3485/949-283-1725 City of Laguna Niguel City of Laguna Hills 27791 La Paz Road 25201 Paseo de Alicia, Suite 150 Laguna Niguel, CA 92677 Laguna Hills, CA 92653 Attn: Randy Trinkaus Attn: Mr. Jan Frainie 949-362-4322 949-707-2600 City of Pomona City of Buena Park 5050 South Garey Ave. 6650 Beach Blvd., #8 Pomona, CA 91769 Buena Park, CA 90620 Attn: Bill Evans Attn: Rudy Juarez 909-620-2348 714-562-3865 /user/speccare 1/sales/bid pkg/refs cities r <<. aPIOCIPUMCape Landscape&Irrigation Management Mission Statement Here at Spectrum Care Landscape, we are quality driven and goal oriented. With our vast knowledge and capability, we empowered the ability to accomplish any and all tasks assigned. It is that attribute, which put Spectrum Care Landscape at the forefront of the industry. Our quality control management sector is one that starts at the first phase of operation and continues company wide. At inception, to be a part of our Spectrum family one must attend an extensive orientation program. Throughout the company's chain of responsibility at every level, is a thorough process of consideration and placement of personnel to obtain the maximum output: With that business practice in mind, we have acquired many field experts that are proven specialists in the industry. Such as Horticulturist, Arbonst, Water Conservation Auditor, Central Irrigation Managers, Ucense Pesticides Advisor and Applicator. Our commitment to develop a close personal working relationship, helps in collaborating a fast and higher standard degree of solutions Spectrum is also centrally located to provide ample on- the-job-site hours and quick emergency response capability. An asset that is unparallel and an added ingredient for a full service landscape maintenance provider, 27181 Burbank, Foothill Ranch, CA 92610 e (949) 454-6900 FAX (949) 454-6910 • www.spectrumcarelandscape.com trumcawe -� Landscape Irtigadon Management QUALITY ASSURANCE Quality is Job One. That is why at Spectrum Care Landscape, we have adopted the total quality management practice. It all starts at the first level with our field workers. These on site personnel, perform their duties with quality. in mind. By following our standard and guidelines, provided to them on the first day of employment. The expectation of a job well done is ingrained in to the daily routine. Monitoring the performance of these field workers is the job of our on site supervisors. These supervisors elucidate the goals and tasks assigned to each field personnel. They intern reports of their findings to the superintendent for that contract. The superintendent will take the proper course of action and dispatch the assignment. Then the superintendent, along with supervisor will follow up to check the completion of the assignment. This particular process is known to be the feedback approach. Spectrum Care Landscape also utilizes a pro-active approach. Starting from the top, the president of the company is involved in a quarterly job auditing. This process includes identifying troublesome areas and examines the best solution. Propose suggestions for enhancing I and updating the plant pallet of the association. Along with the evaluation of the contract performance, to insure the written agreements are being honor. On a monthly routine, the general manager will tour the job site with the superintendent to follow up on the quarterly audit and make recommendation for improvements. Along with recognize and note items of concerns, creating a required action list to be compiled by the supervisors. To check off the list, the. previous items from the month before. Then on a weekly basis, the superintendent will take along the supervisor throughout the job site. Following up on the monthly-required action items list, the two also look for a new or missed item to be address, so to prevent it from becoming a future issue. Supervisors, themselves are continuously, on a daily basis, assigning and monitoring the progress of the individual field personnel. With these two approaches to our quality control practice, we will continue to lead the industry of horticultural-care provider. 27181 Burbank, Foothill Ranch, CA 92610 • (949) 454-6900 FAX (949) 454-6910 • www.spectrumcarelandscape.com MAINTENANCE SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SPECTRUM CARE LANDSCAPE AND IRRIGATION MANAGEMENT FOR LANDSCAPE MAINTENANCE AT VARIOUS LOCATIONS WITHIN THE CITY THIS AGREEMENT is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SPECTRUM CARE LANDSCAPE AND 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 landscape maintenance for various parks and other locations within the City of Huntington Beach and more specifically described in the General Requirements and Specifications Park and Landscape Maintenance PLMC-05/06; 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: I. ACCEPTANCE OF CONDITIONS OF-WORK; SCOPE OF SERVICES• PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and' 05agree/spectrum care landacape/11110105 I 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 permits,and facilities necessary to complete the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, 05agree/spectrum care landacape/11110105 2 from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. 3. COMPENSATION CITY agrees to pay, and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Two Hundred Ninety Six Thousand Two Hundred Thirty Three Dollars ($296,233.00) to be paid as provided in this Agreement. 4. PAYMENT CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit A. The payments specified in Exhibit A shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement unless CITY approves additional compensation for additional services. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit A, or, if no manner be specified in Exhibit A, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 05agree/spectrum care landacape/I 1/10/05 3 5. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within twenty(20) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion, excluding delays provided for in this Agreement. 6. TERM OF AGREEMENT The term of this Agreement shall be two (2) 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 three (3) years upon its expiration. The terms and conditions of the renewed agreement will remain the same as this original Agreement unless both parties agree in writing to an amendment. CONTRACTOR will be bound by the renewed agreement should CITY exercise its option to renew. Should the CITY exercise its option to renew this Agreement, then CITY shall give notice of intent to renew to CONTRACTOR not less than thirty(30) days before the expiration of this Agreement in the manner provided in Paragraph 25 herein. If negotiations are still in progress at the end of any one year term previously agreed upon, the CITY and the CONTRACTOR shall continue performance as required herein on a month-to-month basis until either a new agreement is entered into or the CITY terminates the relationship in accordance with the provisions contained in the above paragraph. During such period of month-to-month operation while negotiations are in progress, the CONTRACTOR shall be obligated to continue performance for at least thirty (30) days after written notice to the CITY of its decision to terminate the relationship and the CITY shall be 05agree/spectrum care landacape/11/10/05 4 obligated to give consideration to the CONTRACTOR for such additional performance at the usual rate of payment as provided herein. 7. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 8. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with _ diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination 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 05agree/spectrum care landacape/11110105 5 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 '/z %) 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 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 Department of Community Services (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 05agree/spectrum care landacape/I 1/10105 6 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 (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. 05agree/spectrum care landacape/11110105 7 13. SAFETY PRACTICES CONTRACTOR shall comply fully with all laws, orders, citations, rules, regulations, standards and statutes, with respect to occupational health and safety, the handling and storage of hazardous materials, accident prevention, safety equipment and construction practices. CONTRACTOR shall conduct inspections to determine that safe working conditions and equipment exist and accepts sole responsibility for providing a safe place to work for its employees and for employees of its subcontractors and suppliers of material and equipment, if any, for adequacy of and required use of all safety equipment and for full compliance with the aforesaid laws, orders, citations,rules, regulations, standards and statutes. 14. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities maintained. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective work. 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. 05agreelspectrum care landacapell 1110105 8 16. INDEMNIFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be reimbursed for all costs 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. 05agree/spectrum care iandacape/11110105 9 CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 18. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of 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$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 $1,000,000. Said policy shall name CITY, its officers, and employees 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. 05agree/spectrum care landacape(11/10105 10 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. 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; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above-detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar-type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force while working under this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 05agree/spectrum care landacape/11110105 11 A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 20. NON-ASSIGNABILITY CONTRACTOR shall not assign the agreement or any interest therein or any portion thereof without prior written approval from the Director of Community Services. The CITY's approval may be conditioned on the proposed assignee or subcontractor agreeing to revisions to the agreement to reflect market conditions of CITY requirements that are then current or other such conditions that the CITY may deem appropriate. Also, no assignee or subcontractor will be approved who is not at least comparable to the original contractor in financial or professional competence to perform the duties. 21. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 05agree/spectrum care landacape/I 1/10/05 12 B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 22. BUSINESS LICENSE CONTRACTOR will be required to obtain a business license from CITY. 23. 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. 24. 1 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. 25. 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. 05agree/spectrum care landacape/i 1/10/05 13 FOR CITY FOR CONTRACTOR Maintenance Operations Manager Gary Plumley, Director of Business Development City of Huntington Beach Spectrum Care Landscape& Irrigation Mgmt. 2000 Main Street 27181 Burbank Huntington Beach, CA 92648 Foothill Ranch, CA 92610 26. 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. 27. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 28. BOND CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish a bond approved by the City Attorney in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 29. 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. 05agree/spectrum care landacape/11/10105 14 30. 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. 31. 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. 32. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 05agree/spectrum care landacape/I1/10105 15 33. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on z/_9& SPECTRUM CARE LANDSCAPE& CITY OF HUNTINGTON BEACH, a IRRIGATION MAINTENANCE municipal corporation of the State of California By: C;VHAI �IgGL (� �O print nan/Pesidn Director of Public Works ITS: (circle one)Chairmice President AND APPROVED AS TO FORM: By: City A orney rint name ITS: (circle on/Secretary Chief Financial Officer/Asst. REVIEWED AND APPROVED: Secretary-Treasurers ce O facer 05agree/spectrum care landacape/11/10105 16 GENERAL REQU[REIAENT'S AND SPECIFICATIONS Park and Landscape Maintenance Prepared by the Director of Public Works 2005 The City of Huntington Beach 2000 Main Street P:O.Box 190 Huntington Beach,California 92648 Phone 714.536.5431 •Fax 714.374.1573 CITY PARK FACILITIES 1. John Baca Park 2. Helm Park 3. Oakview Center 4. Prince Park 5. Trinidad Park 6. French Park 7. Talbert Park 8. Lambert Park 9. Lebard Park 10. Eader Park 11. Bolsa View Park 12. Seabridge Park 13. Booster Park 14. Harbour View Park 15. Havenview Park 16. Tarbox Park 17. Weider Park 18. Manning Park 19. Amberleaf Park 20. Ruth Finley Park 21. Ruth Bailey Park 22. Gibbs Expansion 23. Discovery Well#1 24. Ron Pattinson Park 1 CITY LANDSCAPE FACILITIES 1. Water Maintenance Facilities 2. Don Kiser Corporation Yard 3. Main Street Mall Area 4. Scenario Flood Pump Station 5. Capetown Well Site#1 6. Bolsa Chica Flood Pump Station 7. Warner/Magnolia Well Site#9 8. Warner Well Site#5 9. Meredith Flood Pump Station 10. -Malibu Flood Pump Station 11, Marilyn Pump Station 12. Shields Pump Station 13. Warner Fire Station/Parking Lot 14. Post Office 15. Main Street/Fifth Street Public Way 16. Police Annex/Shank House 17. McFadden Overpass 18. Earl Percy Boat Launch 19. Walnut& Fifth Street Parking Lot 20. Main Street Parking Structure 21. Main Street and Huntington Walkway 22. Flounder Pump Station 23. Fifth Street Planters 24. Public Way Water Fountains 25. Edwards Fire Station#6 26. Edwards Hill Reservoir and Booster Station 27. Water Well#3 28. Edwards and Talbert Avenue Slopes 29. Center Drive 2 Table of Contents Notice Inviting Bids 4 Instruction to Bidders 6 Proposal 11 Noncollusion Affidavit 22 Utility Agreement 23 Disqualification Questionnaire 24 Compensation Insurance Certificate 25 Underground Service Alert Identification Number 26 Proposed Information Required of Bidder 27 General Requirements / Specification 29 Exhibits 49 3 NOTICE INVITING SEALED BIDS PLMC— 05/06 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 the Purchasing Department, 2000 Main Street, Huntington Beach, California 92648, up to the hour of{Time} on {Month Day, 2005_ Bids will be publicly opened in the Council Chambers unless otherwise posted. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. Two-year term agreement with a three-year extension, City shall pay contractor, in addition to the annual contract price, a cost of living increase, if any. This cost of living increase shall be based on the percentage of increase in the Los Angeles-Anaheim- Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area from April to April of the preceding twelve (12) months. On or before August 1, 2003, and on or before August 1 st of each year thereafter during the five (5) year extended term of this Agreement, Contractor shall advise City in writing of the cost of living increase, if any, and the additional amount of money requested by Contractor, for the period of October 1, 2002 through September 30, 2003 and each similar one (1) year period thereafter during the five (5) year extended term of this agreement. if the additional amount of money requested is acceptable to City, City shall pay such additional compensation to Contractor no later than September 30, 2003 or not later than September 30th of each year thereafter during the five (5) year extended term of this Agreement. Contractor shall be entitled to only one payment per year during each year of the of the five (5) year extension period for such a cost of living increase; and this payment shall include full compensation to Contractor for all costs and expenses, of whatever type or nature, not included in the Annual Contract Price. The AGENCY will deduct 10% retention from all progress payments_ The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. 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. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The 4 successful bidder shall be.licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. 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. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the day of 200_. Attest: Joan Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH 5 INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, telephonic, or electronic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids., provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided_ 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" for 6 Park and Landscape Maintenance Contract CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return of Proposal Guarantees 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. Disqualification of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. If there is reason for believing that collusion exists among any or all of the bidders, any or all proposals may be rejected. Proposals in which the prices are obviously unbalanced may be rejected. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. 10. Subcontractors No subcontractors shall be used for any portion of this contract. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties 7 under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY in writing by XXXXXX. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. No verbal agreement or conversation with any officer, agent or employee of the City either before or after the execution of this contract shall effect or modify any of the terms or obligations herein contained. - 12. Equivalent Materials Requests for the use of equivalents to those specified must be submitted to the AGENCY 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. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions_ Said guarantee shall be signed and delivered to 8 the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond cannot be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all required insurance and bonds within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised. 17. Submission of Bonds and Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California. This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address & phone: Orange County Superior Court Probate Court Operations 341 The City Drive P.O. Box 14171 Orange, CA 92613-1571 (714) 935-6061, Contact Linda C. Wallace or by visiting hftp://www.insurance.ca.gov/docs website. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: 9 (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. 20. Questions Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received in writing by the Park, Tree & Landscape Operations. Manager up to five working days prior to the bid opening_ Questions received after this time will not be addressed. 21.Deficiency Notice Notices and penalties for non-performance are set forth as follows: (a) Deficiency notice the contractor is required to correct deficiencies within the time specified by the City of Huntington Beach- (b) 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. 22.Inspection of Work The City and Contractor's representative shall make weekly inspections of all areas included in the contract. The results of each inspection shall be recorded and retained for reference using a Weekly Inspection Sheet (Exhibit A). Thirty-two (32) hours shall be allotted monthly for inspection and contract supervision. The Contractor shall compensate the City for all time required for inspection and supervision in excess of the above specified time, providing that: The excess time is, in the opinion of the City, required due to an inadequate level of maintenance; The Contractor has been informed of the deficiencies upon completion of weekly inspection; The Contractor has failed to correct said deficiencies within twenty-four (24) hours after notifications period. Compensation shall be charged at a rate including actual time, mileage and fringe benefit costs incurred by the City. 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 10 this document and provided no other arrangements have been made between the Contractor and the City. Notices and penalties for non-performance are set forth as follows: Deficiency Notice (Exhibit B): The Contractor is required to correct deficiencies within the time specified by the City. If the deficiency is not corrected within the time specified by the City, City forces will be called out to complete the work. Such work shall be done on a force account basis with an additional call out charge of$75.00 per hour for each call-out. Call-out of City forces during off-hours, resulting from improper programming of sprinkler controllers, will be charged to the Contractor at time and a half. It also should be noted that there is a minimum two-hour charge for labor on any calkout. 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. The Contractor's representative shall contact the City on a regular basis for notification of special maintenance item(s) requiring correction. The Contractor shall provide a Crewleader and maintenance crew at park and landscape sites weekly during normal working hours as determined by the City. 11 BID PROPOSAL FROM: SaC�T�c3r+a �/4�cg" Firms Name To the Honorable Mayor and city Council, City of Huntington Beach, California: Regarding Park and Landscape Maintenance Contract 05/06. In compliance with the request for proposals for City Park and Landscape Maintenance PLMC— 05/06, 1 hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned will not subcontract any work accomplished by this contract. For the furnishing of all labor, materials and equipment, and/or all incidental work necessary to deliver all improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California,I propose and agree to take full payment therefore at the following unit prices; to wit: ITEM I APPROXIMATE ITEM WITH UNIT PRICE UNIT I TOTAL NO. QUANTITY / WRITTEN IN WORDS PRICE AREA 1. 4.0 Acres For the furnishing of all labor, material and equipment to provide full and complete dd i m intenance at John Baca Park Y1, 393.92, 72?•�Y at3yfj�er acreeer month 2. 2.0 Acres For the furnishing of all labor, material and equipment to provide full and complete maintenance at Heim Park at6 96. �� 343. SZ per acre per month 3. 1.6 Acres For the furnishing of all labor, material and equipment or provide full and complete �6$' �-� 6,`sro.B maintenance at Oakview Park at ___ _ ____3�8•0-per acre per month__ 4_ .2 Acres For the furnishing of all labor, material and equipment to provide full and complete 836.3.E maintenance at Prince Park at __ per acre ep r month._ _ 5. .5 Acres For the furnishing of all labor, material and equipment to ` provide full and complete 7y,y ��•� maintenance at Trinidad Park at per acreper month. 12 6. .3 Acres For the furnishing of all labor, i material and equipment to provide full and complete maintenance at French Park at 10 per acre per month. 7. 5.5 Acres For the furnishing of all labor, material and equipment to provide full and complete maintenance at Talbert Park at W6 611 6 per acre er month. 8. 3.5 Acres For the furnishing of.all labor, material and equipment to provide full and complete maintenance at Lambert Park at per acre per month. 9. 5.0 Acres I For the furnishing of all labor, material and equipment or p -7 provide full and complete 909- maintenance at Weider Park at qR q8 per acre per month. 10. 5.0 Acres For the furnishing of all labor, material and equipment to provide full and complete maintenance at Lebard Park at per acre per month.11. 2.5 Acres For the furnishing of all labor, material and equipment to provide full and complete 871. 2-0 qgq.q6 maintenance at Eader Park at per acre per month. 12. 3.0 Acres For the furnishing of all labor, material and equipment to provide full and complete 2,C) p 0 qc m intenance at Bolsa View Park a qg,�ja per acre per month.a 13. 4.5 Acres For the furnishing of all labor, material and equipment to provide full and complete i56e.it. )- ,qz e Park i at Seabridg Aantenance r acre per month. 14. 1.0 Acres For the furnishing of all labor, material and equipment to provide full and complete maintenance aienance at Booster Park at per acre per month. 13 � . 14 23. 8 Acres j For the furnishing of all labor, material and equipment to 1 provide full and complete maintenance at Discover Well i 2781.W #1 at . oo® per square foot per 3 ' _month. 24. 3.5 Acres For the furnishing of all labor, r material and equipment to provide full and complete maintenance at Ron Patterson ` `f.6S 114 J Park at . oo B per square foot per month. _ 63.4 Total Park Total of Items 1 Through24 Acreage ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL NO. QUANTITY/ WRITTEN IN WORDS PRICE AREA _ 1. 23,200 s.f. For the furnishing of all labor, material and equipment to provide full and complete U V maintenance at Water ! 2-se.32, Maintenance Facilities.00ySL _per square foot per month. 2. 89,300 s.f. For the furnishing of all labor, material and equipment to provide full and complete maintenance at Don Kiser Z103.6C/ q,e413,60 Corporation Yard at.oc SrZ-per square foot per month 3. ' 69,444 s.f. ` For the furnishing of all labor, material and equipment or provide full and complete maintenance at Main Street Mall Area at. oo Wszper square foot per month 4. 792 s.f. For the furnishing of all labor, material and equipment to provide full and complete maintenance at Scenario Flood Pump Station at .09RSaper _ware foot per month. 5. 1,218 s.f. For the furnishing of all labor, material and equipment to provide full and complete maintenance at Capetown Well Site #1 at ,oo per square foot per month. 15 6. 1,200 s.f. For the furnishing of all labor, material and equipment to provide full and complete , maintenance at Bolsa Chica y Flood Pump Station at.oo4rsZ- _ _ per square foot per month. _ — - --.-...........-----__.._------- 7. 450 s.f. For the furnishing of all labor, material and equipment to . provide full and complete maintenance at I r�•03 Warner/Magnolia Well Site #9 at .mac gZ per square foot per month. 8. 2,160 s.f. I For the furnishing of all labor, material and equipment to provide full and completed 76 maintenance at Warner Well Site #5 at .oats7 Der square foot per month. 9. 1,102 s.f. For the furnishing of all labor, material and equipment or provide full and complete 98 maintenance at Meredith Flood Pump Station at.go $7-per _ square foot per month._ 10. 1,482 s.f. For the furnishing of all labor, material and equipment to provide full and complete 1DffO.q7D maintenance at Malibu Flood Pump Station at v, per square L foot per month. 11. 1,078 s.f. For the furnishing of all labor, material and equipment to provide full and complete Ll maintenance at Marilyn Pump Station at .oav Wer square __ foot per month. 12 800 s.f. For the furnishing of all labor, material and equipment to provide full and complete3 Lc�3,y y maintenance at Shields Pump Station at .Qv5/S2er square foot per month. 13. 14,950 s.f. For the furnishing of all labor, material and equipment to provide full and complete maintenance at Warner Fire Station/Parking Lot at,oa,�sz per square foot per month. 16 14. 6,390 s.f. For the furnishing of all labor, ; material and equipment to provide full and complete I 3qA9- 9,6 maintenance at Post Office at .00qjr2per square foot per month. 15. 7,800 s.f. For the furnishing of all labor, material and equipment to provide full and complete maintenance at Main C. 2� �,Z3.ed Street/Fifth Street Public Way at der square foot per month. 16. 909 s.f. For the furnishing of all labor, material and equipment to 4q, provide full and complete ljj9 maintenance at Police Annex/Shank House at der square foot per month. 17. ` 169,333 s.f. For the furnishing of all labor, material and equipment to provide full and complete maintenance at McFadden �7�5•3g �� ' Overpass at . aoy6iLr square -—- ----- - -=foot per month..—-- ----- - -.._..-- 18. 13,000 s.f. For the furnishing of all labor, material and equipment to provide full and complete maintenance at Earl PercyBoat 'ass ?� ��•12, Launch at .coYSZper square foot per month. _ 19. 300 s.f. For the furnishing of all labor, material and equipment to provide full and complete maintenance at Walnut & 5Eh Street Parking Lot at per square foot per month. 20. 5,489 s.f. For the furnishing of all labor, material and equipment to provide full and complete ��/Sl ` �-7�� )� maintenance at Main Street Parking Structure a per __ —_ square foot per month. 5/sL _ 21 4,500 s.f. For the furnishing of all labor, material and equipment to provide full and complete 3 y maintenance at Main Street & Huntington Walkway at .0ogYZ per square footper month. 17 22. 1,108 s.f. 1 For the furnishing of all labor, material and equipment to provide full and complete f maintenance at Flounder Flood bOGc),6a Pump Station at.fir square foot per month. 23. 1,200 s.f. For the furnishing of all labor, material and equipment to provide full and complete maintenance at 5th Streets6,6�f Planters Between Walnut & yZ Orange Avenues at.l)aelSW square foot per month. 24. 6fr6-5-f. For the furnishing of all labor, 10�S� r material and equipment to provide full and completeM16 1 maintenance at Main Street to 5th Street Public Way Water Fountains at xjoq, per square foot per month. _ 25. 24,000 s.f. For the furnishing of all labor, material and equipment to provide full and complete �08 ��, ll 30�•7 maintenance at Edwards Fire Station #6 at.ooYSZwr square 1 foot per month. _ 26. 35,000 s.f. For the furnishing of all labor, material and equipment to provide full and complete Sly Z maintenance at Edwards Hill 8y8.c-A Reservoir and Booster Station at. doq r square foot per _ 27. s.f. month. 575 s.f For the furnishing of all labor material and equipment to 2-0provide full and complete v maintenance at Water Well #3Z•�a l at.CzMjZper square foot per month. 28. 73,969 s.f. For the furnishing of all labor material and equipment to 1 provide full and complete 3�`'f• i o/% 6 maintenance at Edwards and 9 Talbert Avenue Slopes at..0 per square foot per month. 18 . . 29. 12,668 s.f. For the furnishing of all labor material and equipment to rovide full and complete aintenance at Center Drive at pwr per square foot per 563,417 Total i Total of Items 1 Through 29 Square Feet of I Landscape |tia understood and agreed that the approximate quantities shown inthe foregoing proposal are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned understands that the term of the agreement shall ba for a period ofone year from the date stated in the Notice to Proceed with the option ofrenewal. The undersigned has examined carefully the site of the work oontarnp|ated, the route schedules and specifications and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfies as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirement of the proposal, schedules, specifications, and the contract. Accompanying this proposal ia ( NOTICE: Insert the words ''Caah." "Certified Chaoh''' or''Bidder'aBond.~ aa the case may be, in an amount equal toatleast 10 percent of the total bid price, payable tothe City of Huntington Beach. The undersigned deposits the above name security as a proposal guaranty and agrees that is shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth inthe specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award ofthe contract; otherwise said surety shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. 19 Signatur of Bid Business Address Z7l�/ 1�u1C . gas-�6JA� � O Place of Residence Dated this 10 day of SAY- , 20 C>g-- Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature P, ry►aae�l7= y-L,,wry T7so�sA,i.+.o env �'►�rea * P" Base Bid ly�isrs.s/'kMmtuy-o 'moo �vwDTet�I��ei �'�a (Total Jjar and Landscape — In words) ;-Y,, 71 L- BG (In Figures) Bid Alternates: The following items are for comparison purposes only. The contractor shall be paid for the actual quantities completed per the plans and specification. ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL NO. QUANTITY/ WRITTEN IN WORDS PRICE AREA 4.0 Acres For the furnishing of all labor, material and equipment to provide full and complete Z maintenance at Peter Green Park at .ao g per square foot per month. .5 Acres For the furnishing of all labor, material and equipment to provide full and complete maintenance at Peck Reservoir 3as f at. oLq per square foot per month. 4.5 Total Park Acreage � 38s 20 5,356 s.f. For the furnishing of all labor material and equipment to provide full and complete maintenance at Beach Yard at .,n t Lt per square foot per ' month. 50365 s.f. For the furnishing of all labor ; material and equipment to I provide full and complete maintenance at Ellis horse trail at al per square foot per month. 3534 s.f. For the furnishing of all labor material and equipment to _ provide full and complete .¢s b.99- gas maintenance at Edwards and Marigale Planters at .bt y per square foot per month. 67,689 s.f. For the furnishing of all labor material and equipment to provide full and complete maintenance at PCH — 13�3yz Goldenwest to Newland at of bs per square foot per month. 95131 s.f. ; For the furnishing of all labor material and equipment to provide full and complete maintenance at Adams— Lake St. to Santa Ana Riverbed at PUS, per square foot per month. 255,633 s.f. For the furnishing of all labor material and equipment to provide full and complete maintenance at Beach Blvd— Edinger to PCH at.oj6 per square foot per month. 130,948 s.f. For the furnishing of all labor material and equipment to provide full and complete 1 maintenance at Warner— ,- .Z16� �aZ.s92v Algonquin to Magnolia at•vt�s per square foot per month. 608,656 Total Square Feet of a Landscape The evaluation and award of this contract shall be based on the lowest responsible bidder's BASE BID proposal. 21 SpecirumCape Landscape&Irrigation Management September 20, 2005 City of Huntington Beach 2000 Main Street P. O. Box 190 Huntington Beach, CA 92678 To Whom It May Concern: On behalf of Spectrum Care Landscape,I would like to thank you for including Spectrum Care on the bid list for the landscape maintenance at your community. Aside from our proposal I have included information on our company for your review. I feel confident that after you have read over the enclosed information and checked our references,you will find Spectrum Care capable to meet and exceed your landscape maintenance requirements. Some of the benefits of using the services of Spectrum Care Landscape are: ® 24 Years of industry knowledge ® A company large enough t0 handle small, medium, large and master planned associations ® .Pro active maintenance plan • Strong communication tools, pagers, radios, cell phones, fully computerized ® Servicing all of Orange County and the Inland Empire ® Top-flight water management programs ® Strong commitment to Customer Service Strong emphasis on training and safety programs, which provides the client a knowledgeable employee working on their property ® Strong company infra-structure We are confident that.Spectrum Care can offer you a maintenance program that will combine"strong industry knowledge"with a dedicated commitment to"customer service"at a"competitive price. After reading over the enclosed information, should you have any questions you can contact me at my office (949) 454-6900 or we can set up a meeting at your convenience. Again, thank you for considering Spectrum Care Landscape and we look forward to the opportunity on entering into a successful business relationship with your community. Sincerely, SPECTRUM CARE LANDSCAPE Gary PI !ey -R�4 Director of Operations GP/sv 27181 Burbank, Foothill Ranch, CA 92610 ® (949) 454-6900 FAX (949) 454-6910 9 www.spectrumcarelandscape.com NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange HoLw 41n, 1 , being first duly swom, deposes and says that 1�or she is A2=6 jbcjY' of S pe-, oscApnr the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Si ture of Bidder Address of Bidder �-�• sx`/o Subscribed and swom to before me this day of , 200 . NOTARY PUBLIC TAQJ AL M.GOETZ �12R 15W15 Fubft-Como"-do i 22 �1. - UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Park and Landscape Maintenance Contract, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor c_f#W h GL By Title Date: 23 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? . ❑ Yes )1,_No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. 24 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. �L. c9m ru3 Z/+A70SC_^pe C tractor By P12C_s 7- Title Date: o 0 25 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1- 800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number. Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. 26 PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name: 2. Address: 7/ e! ,C3c„�.��•�.� ��rl, f 9azirev 3. Telephone 4. Type of firm — individual, partnership, or corporation: Co �orior� 5. Corporation organized under the laws of the State of: �, ,� d-az�vi•4 6. Contractor's License Number: 9. 8/ > 7. List the names and address of all members of the firm or names and titles of all officers of the corporation: LLAr 1' 7- I1 8. Number of years experience as a contractor in park and landscape maintenance: A 9, 9. List below the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years Contract Type of Work Date Completed References Amount or Contract Name, Address & Phone Number Duration t-r+wos c,i.p ti. .1��7 1.-1-r't t • �Yy-Y 7�� -30��' ��Lxa�vvu it. I'Y►'li1r'wl"tiu O�/Yl�i S /ov U ' r1Nn+�Art t y ge�+nsu�p�c ., ow tcR AN i or- 95i9 av CA)-Go�'N �ww��.1Ly L�+,►oscs�p�G ,Lu.'s u,�/rr o6o,s frog-3So-�> 27 10.List the name of the person who inspected the sites of the proposed work for your firm: The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Sign- re of Bidder:oh.w 4/14 1 r Printed or Typed Signature Subscribed and swom to before me this4�day of _ . NOTARY PUBLIC 4- NOTARY SEAL comffd ftn 0 IGWIS weowIFWM CCOMW - aaOW +r !N®ri1. 28 SPECIFICATIONS FOR PARK AND LANDSCAPE MAINTENANCE CONTRACT PLMC — 05106 FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA I. GENERAL The specifications for the hereinafter described Park and Landscape Maintenance services of those parks, roadside and public facilities in the City of Huntington Beach as specified in the Contract Documents shall consist of the requirements and conditions of the following documents: Standard Specifications for Public Works Construction Latest Edition and General Requirements of the City of Huntington Beach, excepting deleted sections, the Arboricultural and Landscape Standards and Specifications of the City of Huntington Beach, the California Landscape Contractors Association Standards book, Supplemental General Requirements, Special Provisions, Attachments, Notice Inviting Bids, the Proposal, the composite of which shall hereinafter be referred to as the Specifications. II. SUPPLEMENTARY GENERAL REQUIREMENTS 1. Scope of Work The contractor shall perform all work necessary to complete the Contract in a satisfactory manner. The areas to be maintained shall include but not be limited to turf areas, ground cover areas, trees, shrubs, play equipment, park furniture, restrooms, sand play areas, drain lines, sidewalks, driveways and aprons, ditches, catch basins, gutters, curb drains, irrigation systems, and park accessories (excluding lighting equipment). Beach areas to the high tide line area are excluded from the park maintenance area. 2. Work Schedule a. The contractor shall deliver to the city a complete park and landscape maintenance weekly work schedule along with the size of work crew and equipment summary sheet, prior to start of the maintenance contract. b. The city retains the right to have certain work sites maintained on certain days. c. Contractor is expected to have the same maintenance work crew assigned to its work sites at all times on a continuous basis. d. Contractor at no time shall leave a work site to complete another sections project, without having completed the work assignment for that day_ e. The following work sites shall be completed on these set days: 29 1. Main Street— Monday & Friday mornings (twice a week) 2. Water Operations— Monday after Main Street (once a week) 3. Corporation (Kiser) Yard —Tuesday mornings (once a week) 3. Emergency Services The Contractor shall provide the City with the names and telephone numbers of at lest 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. 4. Working Time Limits All work specified shall be performed between the hours of 6.00 a.m. and 5:00 p.m., and between the days of Monday and Friday, or as directed by the maintenance operations manager or designate. 5. 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. 6. Qualifications of Contractor In order to be eligible to enter into this contract with the City, the bidder shall: a. Have been engaged successfully in the maintenance of automated/computerized irrigation systems, trees, shrubs, ground cover, turf areas and pest management services for a period of at least five (5) years at the time of the awarding of this contract- b. Agree to employ an English speaking crewleader on a regular basis to supervise the work at the landscape sites. c. Be recognized by the City as well qualified to perform park and landscape maintenance on the basis of experience, expertise, equipment and financial stability. d. Provide references, company or agency, with address and personal contact of a minimum of six (6) current landscape contracts for landscape maintenance; three (3) of which must be of relatively similar size, level of service and cost as this specified work or greater than this project. 30 The following must be supplied by contractor: a. Contractor must have a valid California C-27 license. b. Contractor or contractor's employee must be Certified Pest Control Operator as certified by the State of California and shall maintain the Certification during the term of this agreement. c. Contractor must have on staff and maintain during the term of the contract, a State Certified Pest Control Advisor for written recommendations. d_ Contractor must have on staff and maintain during the term of this contract, an ISA Certified Arborist for written recommendations. e. Contractor must have office within the city of Huntington Beach f. Contractor must have radio or telephone communications between office and field personnel. g. Contractor must have 24-hour answering service. h. Contractor must have 5 years of experience in roadside and median landscape maintenance. i. Contractor must have sufficient vehicles and equipment to maintain contract and meet City inspection. No employee's personal vehicle shall be used to maintain City Contract. j. Employees must wear orange shirts or orange vests for safety purposes, and uniforms identified with company name. k. Contractor must obtain and keep current a City business License. I. Contractor must have vehicles marked with name and telephone number of Company. m. Contractor must maintain insurance, as required by City during term of contract_ n. 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 31 force by job classification shall be provided to the City prior to beginning work. 7. 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 designate. 8. 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 designate 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 designate. 9. On-Site Storage The storage of tools, equipment or materials within the project area, public right-of- way or easements is prohibited. 10. Personal Attire and Equipment a. The Contractor shall require each of his employees to adhere to basic Public Works standards of working attire. These are basically uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times, buttoned and tucked in. Blue uniforms are not acceptable. b. Contractor shall display the name of his firm on any vehicles used by the Contractor's employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from a distance of one-hundred (100) feet. c. All contractor trucks and other vehicles shall be of one color. All vehicles and equipment shall be in good condition and appearance. All vehicles will display a sign on the vehicle while working on City areas indicating the Contractor is under contract with the City. This sign will be visible at all times. Three pairs of signs will be provided by the City and any additional signs required will be purchased from the City at City cost. The irrigation vehicles will also display a sign that "irrigation maintenance is in progress" while this work is being performed. One sign will be provided by the City. All signs will be returned to the City upon request. 32 11. Chemical Control a. Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial relations and all other agencies, which govern the use of application of chemicals required in the performance of the work. Chemicals shall include but not be limited to fertilizers, herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants and repellents. b. Contractor shall apply spray chemicals when air currents are motionless preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project. All chemical applications shall be recommended and supervised by the Contractor's state licensed Pest Control Advisor. The Contractor's state licensed Pest Control Operator shall make application. c. Contractor shall submit a schedule of work plus name of any chemicals used, outlining date, location and work to be performed, four (4) days prior to the week of work. Said schedule shall be submitted to the maintenance operations manager or designate. d. The Contractor shall provide complete and continuous control and/or eradication of all plant pests or diseases. The contractor shall obtain any necessary permits to comply with City, County, State, or Federal regulations or laws prior to commencement of work 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 pesticies and other chemicals. Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with maintenance operations manager or designate. Material use reports of all pesticides shall be filed with the city no later than the 10t' of every month of the preceding month. h. Application of Pesticides 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 33 contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas. ii. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficiency, it shall be applied only in quantities of which each area is capable of receiving without runoff. iii. Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used to which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code-or EPA regulations. iv. Equipment and Methods: Spray equipment shall be in good operating condition, quality, and design to efficiently and effectively apply materials to the target area. Minimize drift by avoiding high-pressure applications and using water-soluble drift agents. v. Selection of Materials: Pesticides shall be selected from those materials, which characteristically have the lowest residual persistence. Use of emulsifiable concentrates shall be used when possible to limit windblown particles. The use of adjuvants will be to increase pesticide efficiently thereby reducing the total amount of technical material required to gain control. vi. Substitutions: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the maintenance operations manager or designate. 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 designate. viii. All areas of the landscape shall be inspected on a weekly basis for infestations of harmful pests such as gophers, rabbits, squirrels, ants, insects, mites, snails and sow bugs_ Plants shall be observed closely for leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliation, or wilted. ix. Identify the cause of injury and consult a State of California Certified/Licensed Pest Control Advisor before application of chemical treatments. x. The State of California Agricultural Code requires that pest control chemicals may be used only after a written recommendation by a State of California licensed Pest Control Advisor is obtained. A recommendation consists of all the applicator should know for an accurate and safe usage. 34 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 designate. 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 designate. 12. Coordination Contractor shall coordinate work with the maintenance operations manager or designate to prevent conflict with City programs and activities. The maintenance operations manager or designate's office is located at 17371 Gothard Street, Huntington Beach. He may be reached by telephone at 714/536-5480. 13. 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 park 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 at all times 14. Sound Control Requirements a. Contractor shall comply with all County and local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the Contract, and shall make every effort to control any undue noise resulting from the operation. b. Each internal combustion engine used for any purpose on the project or related to the project shall be equipped with a muffler or a type recommended 35 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. 15. Inclement Weather a. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his workforce in order to accomplish those activities that are not affected by weather. b. The Contractor shall restake and retie 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 designate for the determination of non-operation conditions. d. The Contractor shall immediately notify the maintenance operations manager or designate when the work force has been removed from the job site due to inclement weather or other reasons. 16. Contract Documents Contract documents shall consist of the specifications and exhibits, plans, bonds insurance certificates, the contract and all submittals required. 17. 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. 18. Plans e. One set of reduced planting and irrigation plans for each park are provided as part of the contract documents for the Contractors general reference. The Contractor shall be responsible for verifying in the field, areas, quantities and facilities for accuracy. 36 f. 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). 19. Exhibits Exhibits consist of Exhibit A through N. 20. Air Pollution g. 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. h. Material to be disposed of shall not be burned. III.SPECIAL PROVISIONS TRAFFIC AND DETOURS All Traffic Control shall be per City of Huntington Beach "Maintenance Work Traffic Control Manual" Latest Edition_ (Exhibit N) 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 edition of the following documentation: Cal-Trans - Manual or Traffic Control Devices for Construction and Maintenance Work Zones, Traffic Manual, Sign Specifications, Standard Plans, Standard Specifications and the AGENCY's Maintenance Work Traffic Control Manual. 37 b. The Contractor shall provide to the maintenance operations manager or designate 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. c. Prior to the start of any construction, the Contractor shall inform the AGENCY's Police and Fire departments of the project location, approximate start date, completion date, and the name and telephone number of Contractor representatives who may be contacted at any hour in the event of an emergency. i. POLICE DEPARTMENT: Watch Commander @ 714/960-8809 ii. FIRE DEPARTMENT: Battalion Chief/Development @ 714/536-5411 d. Information signs shall_be required on all arterial streets one week prior to beginning of roadway construction projects. e. The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. f. Contractor shall require that all personnel who are working the project site wear an approved safety vest. Any worker without a vest may ordered off the job until such apparel is acquired. Questions as to approved vests shall be directed to the maintenance operations manager or designate. g. Prior to the beginning of work, the Contractor shall execute the construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the work involved with a minimum of inconvenience to the motoring public. Removing the existing striping shall delineate any relocation of travel lanes longer than three calendar days and legends by wet sandblasting and placing new striping and legends as required. Upon completion of the work and the restoration of the road surface to its final condition, the Contractor shall remove temporary striping by wet sand blasting. h. 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. i. The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the construction area. Contractor shall also post proper signs to notify the public regarding detours and conditions of the roadway, all in accordance with the provisions of the Vehicle Code, the current State of California Department of Transportation "Manual of Traffic Controls for Construction and Maintenance Work Zones", and the State of California Department of Transportation Standard Plans and the current City of Huntington Beach Maintenance Work Traffic Control Manual. 38 j. The Contractor shall furnish such flagmen and equipment as are necessary to give adequate warning to traffic or to the public of any dangerous conditions in accordance with the current Department of Transportation "Instructions to Flagmen". k. All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY Yard or disposed of as directed by the AGENCY. 3. Warning Signs Adequate warning signs for motorists shall be placed and maintained throughout all applicable phases of the work including speed limit reduction, loose gravel, fresh oil, and open trench. Signs shall be 36" X 36" in size; shall be on site ready for placement prior to start of the applicable phase of work and shall be placed in advance on all streets approaching the work zone. 4. Street Closures, Detours, Barricades a. Street closures will not be allowed except as specifically permitted by the maintenance operations manager or designate. 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 designate 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 designate 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 39 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. 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. IV.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 designate. 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 ad directed by the maintenance operations manager or designate. 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 designate. 40 d. Turf clippings and debris shall be lifted the same day of each mowing, trimming or edging operation and shall be removed from each park and landscape site. e. Turf shall be trimmed to the edge of sidewalks, curbs, mow-strips, retaining walls, posts, valve boxes, controllers, light standards and any paved surface. Turf shall be kept trimmed or sprayed with a contact herbicide for a sufficient distance from sprinkler heads to ensure proper sprinkler coverage and for a distance of eighteen (18) inches from all tree trunks. Contractor shall exercise care not to spray tree trunks with any chemicals or injure the tree trunk with any chemicals or injure the tree trunks with mechanical equipment. 2. Watering An automatic irrigation system is provided for the Contractor's use to maintain optimum soil moisture content to ensure healthy, vigorous growth but shall not be intended as the only means of irrigation. Should there be an interruption of electrical power or malfunctioning of the controller or control valves for more than two (2) consecutive days, the Contractor shall be required to water by other means if necessary to prevent deterioration of the areas involved. The contractor shall be responsible for providing control and monitoring irrigation operations to provide sufficient water for optimum growth with a minimum of water run-off. Unnecessary flooding or excessive watering shall be corrected as quickly as possible. 3_ Fertilization a. Prior to fertilizer applications, notification shall be made as required in Part Il, Section 23, of these specifications. A city representative shall verify the fertilizer quantity at the park site at the time of each application. Empty bags may be required for verification of quantities. b. All turf grasses shall be fertilized as follows: All turf shall receive four (4) pounds per 1,000 square feet of calcium Nitrate per application March and late October. In May and July all turf shall receive six (6) pounds of complete fertilizer 16-6-8 per 1,000 square feet per application. In early September and October, All turf shall receive six (6) pounds of complete fertilizer 16-6-8 plus trace elements per 1,000 square feet per application. Application subject to change per maintenance operations manager or designate recommendation. c. The fertilizer applications shall be applied immediately after the aeroficiation operation. This is subject to change per maintenance operations manager or designate 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 designate. Contractor shall obtain the maintenance operations manager or designate 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 41 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. Weed control required and approved within turf areas by the maintenance operations manager or designate is considered as part of contract. 6. Soil Aerofication Turf aerofication 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. Aerofication shall be done immediately after thatch removal operation in early May. This is subject to change per maintenance operations manager or designate recommendation. 7. Thatch Removal Thatch shall be removed with a vertical mower, or approved equal, once a year in early May from all turf areas as directed by the Maintenance operations manager or designate. 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 designate. Contractor shall obtain the maintenance operations manager or designate 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 Contractors incorrect maintenance or negligence, as determined by the maintenance operations manager or designate V.SHRUB AND GROUND COVER MAINTENANCE 42 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 designate. 2. Watering See Part IV, Section 2. 3. Fertilizing Ground cover and shrub areas shall be fed between March and May with a complete fertilizer, 16-6-8 plus trace elements at the rate of 275 pounds per acre or approximately six (6) pounds per 1,000 square feet. Water thoroughly the day before fertilizing and thoroughly again immediately after the application of the fertilizer. Wash all plant food off foliage. 4. Insect, Disease and Pest Control See Part IV, Section 4. 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 designate 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 designate. 43 VI.TREE MAINTENANCE 1. Pruning and Trimming The maintenance operations manager or designate 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 certified Arborist. Trees shall be thinned out, headed-back and shaped a minimum of once year. Any dead or damaged branches shall be removed back to a lateral branch. No stubs will be permitted. The Contractor shall restrict growth through pruning to maintain safe road visibility, vehicle and pedestrian clearances, equipment accessibility and to prevent or eliminate hazardous situations. All palms are to be trimmed as often as necessary to remove dead fronds and or fruit. 2. Watering See Part IV, Section 2, of these specifications. 3. Fertilizing Trees shall be fed in early March with a complete balanced fertilizer 16-6-8 plus trace elements at the rate of six(6) pounds per one (1) inch of trunk diameter measured one (1) foot above ground. Fertilizer shall be broadcast round the drip line of the trees and watered thoroughly. 4. Ground Water Pumping Trees provided with PVC vents shall be pumped with a portable pumping device to prevent standing water at lower root zone as needed. Weekly inspection of these vents shall be made by the Contractor and if necessary, corrective action taken immediately. 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. Guys and ties shall be checked periodically to prevent girdling and/or restriction of growth. V11. 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. The Contractor will acquire wood chips from the City of Huntington Beach at 17581 Gothard St. Huntington Beach Ca. 92648 Parks Trees and Landscape Yard. see the maintenance operations manager or designate for the wood chips. 44 1. Replenishment Once per year the contractor will furnish wood chips to the park site 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 park site. No ash, palms or pepper wood chips are to be used on park sites. 2. Weed Control a. Weeds shall be either pulled or sprayed and removed from non-vegetative areas before reaching four(4) inches in height- b. Serious pest weeds shall be treated as specified in Part V, Section 5, of these specifications. No sterilants of any kind are to be used in these areas. Vill. DECOMPOSED GRANITE AREA MAINTENANCE Decomposed granite areas shall be kept in a neat and clean condition, free from weeds and debris. 1. Resurfacing Once per year the City will require that the decomposed granite areas be resurfaced. Contractor shall resurface the area by filling low or wom areas with new decomposed granite to eliminate ponding of water. The decomposed granite shall be paced to a minimum thickness of four(4) inches and compacted with a roller. After rolling, the area, the area shall be smooth and raked and watered thoroughly to provide maximum compaction. Work involved in the resurfacing operation is considered part of contract. 2. Weed Control a. Weeds shall be either pulled or sprayed and removed from non-vegetative areas before reaching four(4) inches in height. b. Serious pest weeds shall be treated as specified in Part V, Section 5, of these specifications. No sterilants of any kind are to be used in these areas. See Part VII, Section 3, of these specifications. IX.SAND AND PLAY AREA MAINTENANCE Sand play areas shall be kept free of weeds, litter and debris. Sand shall be kept in a reasonably leveled condition, as directed by the maintenance operations manager or designate, 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 designate. When additional sand is required, the City maintenance operations manager or designate will determine the screen size/type and quantities. New sand shall be placed and graded in 45 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 weeks 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 walk, play courts, benches, restrooms, picnic tables, fountains, play apparatus and trash receptacles to the maintenance operations manager or designate. The maintenance operations manager or designate 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 designate immediately by phone at 714/536-5480 or reporting to Park, Tree and Landscape Maintenance Facility at 17581 Gothard Street, Huntington Beach, CA. 92647. XI.IRRIGATION SYSTEMS MAINTENANCE The controlling factor in the performance of water management within the City landscape maintenance areas is the application of water to landscape plants at a rate, which closely matches the actual demands of plant material and little or no runoff. Roadway safety and maintenance is the first and foremost reason why water must be strictly controlled with the City. Other important water management considerations include safe and dry right-of-ways for community use, water costs, and plant health. 1. Watering a. 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. Irrigation/Operation and Maintenance All landscaped areas shall be irrigated as required to maintain adequate growth and appearance. Irrigation shall be accomplished in accordance with these specifications/guidelines and the following time frames: 46 Manual Irrigation 9:00 AM— 3:00 PM Slopes 10:00 PM —5:00 AM Public Works Facilities 10:00 PM — 5:00 AM c. Operation/Repair i. 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. This coverage shall include but not be limited to the following: all controllers, backflows and remote control valves, gate valves and sprinkler heads etc. ii. All irrigation systems shall be tested and inspected and a written report submitted to the City when requested. iii. All systems shall be adjusted in order to: a. Provide adequate coverage of all landscape areas. b. Prevent excessive runoff and/or erosion. c.Prevent watering roadways, walkways or private property. d. , Match precipitation rates. e. Limit hazardous conditions. f. Maintain optimum soil moisture content to ensure healthy vigorous growth. iv. All irrigation systems shall be tested and inspected as necessary when damage is suspected, observed, or reported daily if necessary. a. Repair malfunctioning controllers, back-flows, 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. b. Correct deficient irrigation systems and equipment as necessary following verbal notification from the Landscape Inspection 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 acceptable maintenance practices. c. Once the maintenance operations manager or designate acknowledges the necessity to turn on the water once again, all controllers shall be activated within twenty-four (24) hours. 47 v. Backflow Maintenance, Testing and Certification on a Yearly Basis shall be included in the Contract Price. vi. The county of Orange and the City of Huntington Beach Water Purveyors shall approve Back-flow certification. a. Battery operated controllers will be kept in continuous operating condition by replacing batteries when necessary at Contractor's expense. b. Contractor will maintain, in continuous optimum operating condition solar powered controllers at all sites at which such units are installed. vii. 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. viii. Adjustment, damage and repairs shall be divided into the following categories and actions: a. 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. b. All damage resulting from Contractor's operations shall be repaired or replaced prior to the end of the workday at the Contractor's expense. c. Repairs to the irrigation system shall be completed within 24 hours after approval by 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. d. All replacements shall be in strict accordance with City of Huntington Beach equipment and installation standard plans, no substitutions will be permitted. ix. Turf, shrubs, trees and ground cover shall be regularly mechanically trimmed around sprinkler heads to insure proper operations and coverage of the system. d. Personnel i. The Contractor shall provide personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustments, and repair, in all types of components to include irrigation controllers, valves, sprinkler heads, and with all brands and models of irrigation equipment used within the city. 48 ii. 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. iii. The Contractor shall provide personnel capable of verbal and written communication in the English language. e. Materials i. All replacement materials are to be with original types and model materials, unless the maintenance operations manager or designate approves a substitute. ii. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems. iii. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty. f. Water Management i. Contractor will keep system in 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 City Representative may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. ii. The contractor will be responsible for setting and monitoring the irrigation controllers and will not manually activate automatic valves unless associated with system repairs. iii. All systems shall be programmed weekly and/or as needed to maintain healthy plant materials and landscape. iv. All program changes shall be recorded on the Irrigation Program Log. v. Controller program is to be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with irrigation schedules provided by the City in Section VIII. XII. CLEAN UP After Contractor has completed all operations as specified in these specifications, he shall remove and dispose of all clippings, cuttings, trimmings, weeds, leaves, paper, trash and other debris existing or due to this operations from the park and landscape sites, at the end of each day's work. Trash receptacles shall be emptied twice per week, or as agreed upon by the maintenance operations manager or designate. Trash removal and disposal shall be included in the contract price for the maintenance contract. Contractor shall vacuum clean all 49 walks, driveways, court game pavement areas, gutters, parking lots and other areas adjacent to work locations, per work schedule. The use of water is prohibited for cleaning purposes unless no other means of effective or unless otherwise specified. Contractor shall be responsible for the periodic inspection and cleaning of all catch basins, drain lines and curb drains within a park site. Any damages resulting from the Contractors negligence of these inspections andlor 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. 1. Public Way 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 the 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. 2_ 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. (Except 5t' Street Parking Lot) XIII. MAIN STREET MAINTENANCE FALLING ON A HOLIDAY The City observes legal holidays. Any of these holidays falling on Main Street Maintenance Schedule, shall be considered as a regular workday. The landscape maintenance contractor is expected to have a minimum of two (2) workers to cant' out the duties on holidays. Failure to complete work assignment or failure to supply the required number of workers will result in a deficiency notice reduction of day. XIV. EXHIBITS A. Weekly Inspection Sheet B. Deficiency Notice C. Maintenance Frequency Summary and Fertilization Schedule by Task D. Maintenance Frequency Summary by Location E. Maintenance Frequency Main Street Mail Area Summer Schedule F. Additional Main Street Landscape Maintenance Requirements 50 G. Additional Main Street Parking Structure Maintenance Requirements H. Park Locations I. Park Maps J. Landscape Locations K. Landscape Maps L. Maintenance Work Traffic Control Manual 51 Exhibit A UWeekIV Inspection Sheet Location: Date: Hazardous Conditions ❑ Good Fair Needs Overall Condition: Work Turf ❑ ❑ ❑ Trees ❑ ❑ ❑ Beds ❑ ❑ ❑ Picnic Facilities, Restrooms ❑ ❑ ❑ Other: ❑ ❑ ❑ Corrections Needed: Play Equipment Overall Condition ❑ ❑ ❑ Sand Pits ❑ ❑ ❑ Comments: Inspected By: Weekly Inspection Sheet Location: Date: Hazardous Conditions ❑ Good Fair Needs Overall Condition: Work Turf ❑ ❑ ❑ Trees ❑ ❑ ❑ Beds ❑ ❑ ❑ Picnic Facilities, Restrooms ❑ ❑ ❑ Other: ❑ ❑ ❑ Corrections Needed: Play Equipment Overall Condition ❑ ❑ ❑ Sand Pits ❑ ❑ ❑ Comments: Inspected By: 52 Exhibit B CITY OF HUNTINGTON BEACH PARK AND LANDSCAPE MAINTENANCE CONTRACT DEFICIENCY NOTICE PLMC-05/06 Contractor: Address: Project: Description of Deficiency: Date of Notification.- City Representative: Contractor's Representative: 53 Exhibit C MAINTENANCE FREQUENCY SUMMARY AND FERTILIZATION SCHEDULE BY TASK FUNCTION FREQUENCY Irrigation Inspection Weekly Turf Maintenance Mowing Once/Week Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize Four (4) times per year cool season Eight (8) times per year for Bermuda Vertical Mow 1/year Aerate After each application of fertilizer Chemical Control As needed Visual Inspection Every two weeks Ground Cover Maintenance Trim Monthly Fertilize Three (3) times per year Chemical Control As needed Visual Inspection Every two weeks Shrub, Vine & Tree Maintenance Trim As needed Palms As needed to remove dead fronds and fruit Fertilizer One (1) time per year trees Three (3) times per year shrubs/ Vines/groundcover Chemical Control As needed Restake/Check Each site visit every two weeks min. Visual Inspection Every two weeks Hardscape Maintenance Each site visit/weekly min. Grounds Policing/Litter Removal Each site visit/per schedule Water Truck Landscape Rinsing Once per month Water Truck Landscape Flooding Two (2) times per month Non-Watered Areas Weed Control Each Visit Wood Chipping/Top Dressing Once per year 54 Exhibit D MAINTENANCE FREQUENCY SUMMARY BY LOCATION FUNCTION FREQUENCY Main Street Mall Area Two (2) times per week Public Way Two (2) times per week Post Office Two (2) times per week Public Way Water fountains_ Two (2) times per week Police Annex/Shank House Two (2) times per week Parking Structure Two (2) times per week Parking Lot 5th Street Two (2) times per week 5th Street Planters Two (2) times per week Water Operations Facilities One (1) time per week Storage Yard One (1) time per week Reservoir One (1) time per week Warehouse One (1) time per week Operations Building One (1) time per week Parking Lot One (1) time per week Don Kiser Corporation Yard One (1) time per week Warner Fire Station/Parking Lot One (1) time per week Earl Percy Boat Launch One (1) time per week Main Street and Huntington Walkway One (1) time per week Edwards Fire Station #6 One (1) time per week Edwards Hill Reservoir & Booster Station One (1) time per week 55 Edwards &Talbert Slopes One (1) time per week Center Drive One (1) time per week Scenario Flood Pump Station One (1) time every two weeks Capetown Well Site#1 One (1) time every two weeks Bolsa Chica Flood Pump Station One (1) time every two weeks Warner/Magnolia Well Site #9 One (1) time every two weeks Warner Well Site #5 - One (1) time every two weeks Meredith Flood Pump Station One (1) time every two weeks Shields Flood Pump Station One (1) time every two weeks Flounder Flood Pump Station One (1) time every two weeks Water Well Site #3 One (1) time every two weeks McFadden Overpass One (1) time every two weeks Malibu Flood Pump Station One (1) time every two weeks Marilyn Flood Pump Station One (1) time every two weeks Beach Yard One (1) time per week Ellis Horse Trail One (1) time per week Edwards & Marigale Planters One (1) time per week PCH-Goldenwest to Newland One (1) time per week Adams-Lake St. to Santa Ana Riverbed One (1) time per week Beach Blvd-Edinger to PCH One (1) time per week Warner-Algonquin to Magnolia One (1) time per week 56 Exhibit E Maintenance Frequency Main Street Mall Area Summer Schedule Landscape maintenance shall begin Memorial Day weekend and every weekend thereafter through the Month of September. Minimum two (2) workers eight hours total shall be assigned to the following: Mall Area Main Street Parking Structure Public Way Post Office Public Way Water Fountains Police Annex/Shank House Parking Lot 5th Street 5th Street Planters Contractor working on city's legal holidays assigned to the Main Street Mall area will have on staff the following: Memorial Day two (2) workers eight (8) hours total. Labor Day two (2) workers eight (8) hours total. Independence Day two (2) workers, total hours sixteen (16). 57 Exhibit F Additional Main Street Landscape Maintenance Requirements (Two Times Per week) All operations will be conducted as to provide maximum safety for the public and minimize disruption of the public use of city facilities. A. General Clean Up 1. All sidewalks, curbs and gutters extending ten feet (10') from gutter line shall be vacuumed. 2. Vacuum sweepers will be used only. 3. No blowers will be used, except as permitted by the Maintenance operations manager or designate. 4. Remove any foreign matter such as food, ice cream, beverage, blood, vomit, animal feces, human waste, urine, etc. 5. The above shall be cleaned immediately in the same workday. Contractor shall be equipped with water hoses, quick coupler, Hudson Sprayer, five (5) gallon water bucket, scrub brushes and cleaning solutions. If any foreign matter seems to be of oil based substance, contact the Maintenance operations manager or designate. Do not wash down the gutter into the storm drains. B. Pedestrian Safety Grates 1. All tree steel grates are to be cleaned of all litter and weeds. 2. All tree grates to be level with sidewalks. 3. Removal of all weeds, grasses, etc. to ensure elevation of grate matches existing sidewalk grade. 4. Landscape planters are to be free of trash weeds, grasses, and leaves etc. on a continuous basis. C. Groundcover 1. All groundcover after edging must be vacuumed, swept, picked up and disposed of properly. No clippings shall be blown into the street. D. Shrubbery 1. Trim all shrubbery to maintain size and shape per city specifications. 58 2. Trimming hedges put a slight radius to create a smooth flowing line and not have a box look. 3. Any shrubbery to trees that obstruct pedestrian and/or motorist view is to be trimmed back to allow visibility for safe passage. 4. Care must be used not to do any trimming just prior to shrub blooming. 5. Remove any and all dead flower stalks and dead flower bloom immediately. 6. Remove any dead shrubs, limbs, branches, etc. from planting area. E. Trees 1. Contractor shall trim all trees twenty-five feet (25') and under. 2. Remove all dead palm fronds and fruit as often as needed or directed by Maintenance operations manager or designate 3. All trees shall be trimmed at least once a year that are twenty-five feet (25') in height and under except the following trees and location. 4. Palms in round planter at the northeast corner of Walnut and Main Street require more of an open-air look for merchant visibility. This required trimming more often as designated per Maintenance operations manager or designate F. Fertilization See fertilizer chart. G. Pest Control of Plant Materials 1. Control all pests such as snails, slugs, gophers, insects etc. immediately to minimize damage to landscape. Refer to pest control specifications prior to application of pesticides. H. Turf Mowing, Edging and Fertilization Refer to mowing specifications and fertilization chart. I. Irrigation 1. It shall be the contractor's sole responsibility to maintain irrigation system in good condition along with all trees, shrubs and groundcover. See irrigation specifications for additional information. Note: 90% of all the water main irrigation system is under the sidewalk, concrete or asphalt. 2. No persons other than the irrigation specialist or his supervisor shall be permitted to program irrigation controller. 59 60 Exhibit G Additional Main Street Parking Structure Maintenance Requirements (Two Times Per Week) This is to be coordinated with the Main Street Maintenance Schedule. All operations will be conducted as to provide maximum safety for the public and minimize disruption of the public use of city facilities_ A. General Clean Up 1. All sidewalks curbs and gutters extending ten feet (10') from gutter line shall be vacuumed. 2. Vacuum sweepers will be used only. 3. No blowers will be used except as permitted by Maintenance operations manager or designate. 4. Remove any foreign matter such as food, ice cream, beverage, blood, vomit, animal feces, and human waste. If any foreign matter seems to be an oil base substance contact the maintenance operations manager or designate. Do not wash down the gutter into the storm drains. Landscape planters are to be free of trash, weeds, grasses, and leaves on a continuous basis. B. Groundcover 1. All groundcover after edging must be vacuumed, swept, picked up and disposed of properly, no clippings shall be blown into the street. C. Shrubbery 1. Trim all shrubbery to maintain size and shape per city specifications. 2. When trimming hedges, put a slight radius to create a smooth flowing line and not have a box look. 3. Any shrubbery or trees that obstruct pedestrian and/or motorist view is to be trimmed back to allow visibility for safe passage. 4. Care must be used not to do any trimming just prior to shrub blooming. 5. Remove any and all dead flowers, stalks and dead flower bloom immediately. 6. Remove any dead shrubs, limbs, branches, etc_ from planting area. D. Trees .61 1. Contractor shall trim all trees twenty-five feet (25') and under. 2. Remove all dead palm fronds and fruit as often as needed or directed by Maintenance operations manager or designate E. Fertilization See fertilizer chart. F. Pest Control of Plant Materials 1. Control all pests such as snails, slugs, gopher, insects etc. immediately to minimize damage to landscape. Refer to pest control specifications prior to application of pesticides. G. Irrigation 1. Landscape irrigation controller is AC powered and is located on Olive Avenue. 2. No persons other than the irrigation specialist or his superior shall be permitted to program controller. H. Steam Cleaning Sidewalks and Gutter Line 1. The outer perimeter of the parking structure shall be steam cleaned once a month throughout the year. All sidewalks and pavers after steam cleaning shall be free of soil, grime, including but not limited to chewing gum, food products, surf wax, fecal matter and graffiti. Contractor to provide a monthly cleaning schedule. 2. All brick pavers shall be cleaned. This includes main entrance into the parking structure around the storefronts. 62 Exhibit H PARK LOCATIONS PARK NAME LOCATION ACREAGE+/- PAGE John Baca Park 7329 Sherwood Drive 4.0 64 Heim Park Chapel Lane/Near Ellis 2.0 65 Oakview Center Nichols/Emerald 1.6 66 Prince Park Venture/Typhoon 2 67 Trinidad Park Trinidad/Sagamore .5 68 French Park Venture/Harbor Channel .3 69 Talbert Park Magnolia/OCFCD 5.5 70 Lambert Park Gumtree/Newland 3.5 71 Lebard Park Craimer/Warwick 5.0 72 Eader Paris Banning/OCFCD 2.5 73 Bolsa View Park Brighton/Crestmore 3.0 74 Seabridge Park Countess Drive 4.5 75 Booster Park Baru n a/Davenport 1.0 76 Harbour View Park Saybrook/Talisman 3.5 77 Havenview Paris Edinger/Waikiki Lane 3.0 78 Tarbox Park Somerset/Pearle Lane .5 79 Weider Park Lynn/Pararie 5.0 80 Manning Park Detroit/Delaware 2.5 81 Amberleaf Park 7621 Amberleaf Circle .2 82 Ruth Finley Park 6782 Evening Hill Drive .6 83 Ruth Bailey Park Island Bay Lane/Palm Avenue .6 84 Gibbs Expansion Between Heil and Warner Avenue 2.4 85 Discovery Well#1 Summit/Goldenwest 8.0 86 Ron Pattinson Palm Ave/Cherryhill 3.5 87 Peter Green Promenade Pkwy/Seagate Dr. 3.5 88 See Location Maps Total Acres 66.9 63 Exhibit J LANDSCAPE LOCATIONS NAME LOCATION SQUARE PAGE FEET Water Maintenance Facilities 19001 Huntington Street 23,200 Don Kiser Corporation Yard 17371 Gothard Street 89,300 Main Street Mall Area PCH to Acacia Street 69,444 Scenario Flood Pump Station 4742 Scenario Drive 792 Capetown Well Site#1 - 15041 Capetown Lane 1,218 Bolsa Chica Flood Pump Station 18401 Springdale Street 1,200 Well Site#9 6851 Warner Avenue 450 Well Site#5 6851 Warner Avenue 2,160 Meredith Flood Pump Station 20192 Midland Land 1,102 Malibu Flood Pump Station 22001 Malibu Lane 1,482 Marilyn Pump Station 6752 Marilyn Drive 1,078 Shields Pump Station 6200 Shields Drive 800 Warner Fire Station/Parking Lot 3831 Warner Avenue 14,950 Post Office 316 Olive Street 6,390 Main Street/Fifth Street Public Way Main Street to Fifth Street 7,800 Police Annex/Shank House 204 Fifth Street 909 McFadden Overpass McFadden Avenue/405 Freeway 169,333 Earl Percy Boat Launch 3941 Flounder 13,000 Walnut& Fifth Street Parking Lot Walnut& Fifth Street SE Corner 300 Main Street Parking Structure 200 Main Street 5,489 Main Street and Huntington Walkway Main Street and Huntington 41500 Flounder Pump Station 9731 Flounder 1,108 Fifth Street Planters Between Walnut and Orange 1,200 Avenues Public Way Water Fountains Main Street to Fifth Street Edwards Fire Station#6 18591 Edwards Street 24,000 Edwards Hill Reservoir and Booster Station 6401 Overlook Drive 35,000 64 Water Well#3 17031 Oak Lane 575 Edwards and Talbert Avenue Slopes Edwards and Talbert Avenue 73,969 Center Drive Center Drive 12,668 Beach Yard 8669 Edison Ave 5,356 Ellis horse trail Ellis at Edwards &Goldenwest 50,365 Edwards and Marigale Planters 18500 Edwards 3,534 PCH-Goldenwest to Newland PCH 67,689 Adams—Lake St. to Santa Ana Riverbed Adams Ave. 95,131 Beach Blvd—Edinger to PCH Beach Blvd 255,633 Warner—Algonquin to Magnolia Warner Ave 130,948 See Location Maps Total Square Footage 1,172,073 65 02/09/2006 16:11 FAX 8054940781 INSURANCE SERVICES 121002 c /� INSURANCE �a OP ID DATE(MMIDDIYYYY) ACME CERTIFICATE OF LIABILITY IN A�/ NCSUE SPECT-3F1 02 09 06 PRDoucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Associated Insurance Services, JA R.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 600 Hampshire Rd. , #210 THE COVERAGE AFFORDED BY THE POLICIES BELOW. Westlake Village CA 91361 NAIL# Phone: 805-371-3611 Fax:805-371-3609 S AFFORDING COVERAGEINSURED Starnet Insurance Co American States Insurance 19704 $pectrum Care Landscape lunerI. International GroupDba Spectrum Landscape27181,Burbank :Foothill Ranch CA 92610 : COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH 'POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/D DATE MMIDD/YY LIMITS EACH OCCURRENCE $ 1,O OO,O O O GENERAL LIABILITY $ 10O 000 A X X COMMERCIAL GENERAL LIABILITY PSP10002995-01 12/O1/05 12/O1/06 PREMISES oepeso r CLAIMS MADE X❑ OCCUR MED EXP(Annyy one person) $ 5,0 0 0 PERSONAL&ADV INJURY $ 1 000,000 GENERAL AGGREGATE s2,000,000 PRODUCTS-COMP/OP AGG s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,0 0 0,0 0 0 B X ANY AUTO OiCE698791-6 12/01/05 12/01/06 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ (Per accident) X NON-OWNED AUTOS B X Comp $500. Ded PROPERTY DAMAGE $ (Per accident) B X Coll $1,000 Dad ' AUTO ONLY-EA ACCIDENT $ GARAGE LIABILITY OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EACH OCCURRENCE $ EXCESSIUMBRELLA LIABILITY OCCUR M CLAIMS MADE AGGREGATE $ d ER McGRA H,C Atto ey $ DEDUCTIBLE ql $ S RETENTION $ TORY LIMITS I I ER WORKERS COMPENSATION AND C EMPLOYERS'LUIBILITY 3288692 06/15/05 06/15/06 E.L.EACH ACCIDENT $ 1,000,000 ANY YPROOPRIETEREXCLUD IE ECUTIVE E.L.DISEASE-EA EMPLOYE $ 1,000,000 FFICERIMEMBif yes,describe under E.L.DISEASE•POLICY LIMIT $1 000 000 SPECIAL PROVISIONS below OTHER O1 CG 248130 4 12/01/05 12/01/06 Bldg $669,900 B Property Contents $115,860 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/BPECULL PROVISIONS Certificate holder, its agents, officers & employees are named as additional insured. 10 day notice of cancellation may apply for non-payment of premium. Job: City of Huntington Beach, Landscape maintenance. CERTIFICATE HOLDER CANCELLATION CITYHUI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF,THE ISSUING INSURER WILL ci:;r=AV8R*0 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,- City of Huntington Beach Attn: Art Jensen . P.O. BOX 190 AUTHORIZED�REPRESENTATIV tJ✓,Huntington Beach CA 92647 Trac Williams RD CORPORATION 198 ACORD 25(2001108) 02/09/2006 16:12 FAX 8054940781_ _ INSURANCE SERVICES Z 003 CG 20 10 10 01 Policy Number.PSP0002995-01 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL) IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES ®r CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION. This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE rNarne of Person or Organization: ty of Huntington Beach, Its agents, officers and employees (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II—Who Is An Insured is amended (1) All work, including materials,pants or to include as an insured the person or organization shown in the schedule, but only equipment furnished in connection with with respect to liability arising out of your such work, on the project (other than ongoing operations performed for that insured. service,maintenance or repairs) to be performed by or on behalf of the B. With respect to the insurance afforded to these additional insureds) at the site of the additional insureds,the following exclusion is covered operations has been completed; added: or 2. Exclusions (2) That portion or"your work" out of This insurance does not apply to "bodily which the injury or damage arises has injury" or"property damage" occurring been put to its intended use by any after: person or organization other that another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 Copyright,ISO Properties,Inc.,2000 Page i of 1 State Of Cali#ornia CONTRACTORS STATE LICENSE BOARD `.- - ACTIVE LICENSE �Haia 395817 CORP SPECTRUM CARE LANDSCAPE AND IRRIGATION MANAGEMENT aeaGat: C27 Lipm _ - ° ° 11/30/2006 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Spectrum Care Landscape as Principal,(hereinafter called the"Principal"),and Fidelity and Deposit Company of Maryland ,a corporation duly organized under the laws of the State of Maryland ,as Surety,(hereinafter called the"Surety"),are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the"Obligee"), in the sum of Ten Percent(10%) of the Amount Bid Dollars($ 10%of the Amount Bid ),for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Park and Landscape Maintenance Invitation No.PLMC-05/06 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 15th day of September, A.D., 2005 Spectrum Care Landscape Principa! Witness (SEAL) Fidelity and Deposit Company of Maryland Surety By e aa,-�- �(SEAQ Witness Megan B. Gaines ,Attorney-in-Fact Printed in cooperation with the American institute of Architects(AIA)by Fidelity and Deposit Company of Maryland . Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AlA Document A-310,February 1970 Edition. BID70000ZZ0701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ventura On September 15, 2005 beforeme, Tim McClain, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Megan B. Gaines , Names)of Signerfs) 11 personally known to to be the person(s) whose name)fgare subscribed to tbq within instrument and acknowl dged to me that he executed the same in"'�J't# r authorized capacity,and that by e t their signaturepq on the instrument the person(, rIMAACCLAIN or e entity upon behalf of which the persor)4) acted, NOTARY PUBLIC-CALIFORNU► :1 executed the instrument. VENTURA COUNTY e pPRK2S,2pp7 WITNESS mahan nd official seal_ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: September 23, 2005 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ® Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator aiell - ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by PAUL C.ROGERS,Vice President, and T. E.SMITH,Assistant Secretary,in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company,w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s ate,constitute and appoint Megan B.GAINES,of Thousand Oaks,California, its true a A in-Fact, to make, execute, seal and deliver, for,and on its behalf as surety, and a d undertakings and the execution of such bonds or undertakings in purs o en g upon said Company, as fully and amply, to all intents and purposes, e wledged by the regularly elected officers of the Company at its office in puns. This power of attorney revokes that issued on behalf of Megan B. at e 0 The said Assistant c o t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- C any,and is now in force. IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of September,A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND DEPps/� ti ��4 C• 0 0 O 1t ? �Q`•V.na T /C IZ.. By: T.E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland 1 ss: City of Baltimore f On this 15th day of September, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 100a�5 R•H,E}�ry n..nne Ry Dennis R. Hayden Notary Public My Commission Expires: February 1,2005 POA-F 012-0649 AMCO Insurance Company State of California 1100 Locust Street, Dept. 2006 Performance Bond - Public Works Des Moines, IA 50391-2006 The premium charged on this bond is $6224.00. This bond is effective from December 1, 2005 and expires on December 1, 2006 unless renewed by a new bond. If new bond is not provided, it does not subject the Surety to a claim on this bond. Bond No. Bda 698150 KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the City of Huntington Beach State of California, entered into a contract dated December 1,. 2005, with Spectrum Care Landscape and Irrigation Manaqement Inc Foothill Ranch CA hereinafter designated as the "Principal", for the work described as follows: Park and Landscape Maintenance PLMC-05/06 and WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, We, the Principal, and AMCO Insurance Company, Des Moines, Iowa, a corporation organized and existing under the laws of the State of Iowa, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto hereinafter designated as "Obligee", in the penal sum of Four Hundred Fourteen Thousand Nine Hundred Forty Eight and 55/100 Dollars ($414,948.55 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, We have hereunto set our hands and seals this December day of 28, 2005. Spectrum Care Landscape and Irrigation Management, (Inc.) (Principal) By: L4 h�& AMO Insurance Company By: Megan B. Gaines, Attorney-in-Fact AST ORMECGTti H, City Attorney I(-17 0& Company Profile Page 1 of 2 Company Profile AMCO INSURANCE COMPANY 1100 LOCUST STREET DES MOINES, IA 50391 800-634-7351 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Deference Information NAIC k 19100 NAIL Group #: 0140 California Company ID #: 2192-3 Date authorized in California: July 03, 1975 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: IOWA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_prof?p_EID=5.__ 1/25/2006 pe to mCare Irrigation Management . .� Landscape 8�Irri9 EXTRA SERVICES 1. Services or materials not included in this specification may be performed as an "Extra" and billed separate from the base maintenance cost. "Extras" shall be performed with prior owner consent and authorization only. "Extra" work projects can be presented to Owner as a written bid/proposal, which details the intended scope of work and costs. 2. Irrigation materials for repairs will be charged at a cost plus 20% basis. 3. Electronic devices such as controllers, sensors and communication equipment used for irrigation shall be subject to special pricing. 4. Special pricing may be arranged for large repair or improvement projects and shall be determined on a case-by-case basis. 5. "Extra" project labor shall be charged as follows: Supervision $ 50.00 per hour Irrigation Technician $ 32.50 per hour Irrigation Repairmen $ 25.00 per hour Foreman $ 25.00 per hour Laborer $ 17.50 per hour 6. Plant unit prices charged as"extra"are as follow: (Installed Prices) Sod $ 1.00 sq ft 1 gallon shrub $ 5.50 each 5 gallon shrub $ 16.00 each 15 gallon shrub&trees $ 75.00 each 24"box tree $220.00 each Ground cover flats $ 16.00 each Annual color $ 18.50 each ** Plant pricing does not include"hard to find"or patented items, which are typically more expensive. Single staking $ 6.00 each Double;staking $ 10.00 each Root Barriers Per Quote 7. Unit cost for items not listed here shall be offered to the Owner by the contractor in a Supplemental bid/proposal. S. "Extra" work bid/proposal shall be considered an addendum to this agreement and shall conform to the terms and conditions as stated herein. \\Ibm\users\Speccare1\Sa1es Garyftntington Beach Pricing 092105.DOC 27181 Burbank, Foothill Ranch, CA 92610 • (949) 454-6900 FAX (949) 454-6910 a www.spectrumcarelandscape.com Spectrumcare a ement landscape 8 Imga6on Man g September 20, 2005 City of Huntington Beach - 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 Re: Landscape Maintenance Superintendent To Whom It May Concern, Luis Avila would be the Superintendent for the City of Huntington Beach contract. Mr. Avila is bi- lingual and has 28 years of industry experience. Aside for industry experience, Luis posses' strong management communication and follow-up skills. We feel, Luis is very pro-active and is qualified to run a job the size of Huntington Beach. If you have any questions or need further clarification, please feel free to contact me at my office at(949) 454-6900. Sincerely, SPECTRUM CARE ZGaryPlmley2�14 Director of Business Development GP/sv /user/speccare 1/saies/city Huntington beach 092005 27181 Burbank, Foothill Ranch, CA 92610 (949) 454-6900 FAX (949) 454-6910 e www.spectrumcarelandscape.com trumCarep Landscape 8 Irrigation Management Company Personnel and Training: Policy at Spectrum Care is to hire personnel on Tuesday of each week, if necessary. New employees go through an introduction of our employee handbook and sign off to ensure they understand what is required of a Spectrum employee. Management personnel then observe new employees with the operation of various tools and machinery to ensure that they are qualified to handle such machinery. All new employees are on a 90 day probation period, to ensure they meet the qualifications to work at Spectrum Care. Safety meetings are held bi-weekly. One meeting is at the corporate office in Foothill Ranch, the other on sight. Safety meetings are under the direction of our General Superintendent, Henry Hall. On site meetings are held by area supervisors. All safety topics are from Cal OSHA. /user/spire 1/sales/company personnel and training 27181 Burbank, Foothill Ranch, CA 92610 a (949) 454-6900 FAX (949) 454-6910 • www.spectrumcarelandscape.com SPECTRUM CARE OfZGANIZATIONAL CHART FOR THE CITY OF HUNTINGTONBEACH MIN go Ilk go go REFERENCE LIST City of Mission Viejo City of Fontana (Village of Heritage) 27204 East La Paz - 16489 Orange Way Mission Viejo, CA 92692 Fontana, CA 92335 Attn: Tom Levine/Jerry Hill/Mickey Romero Attn: Joan Bearly 949-470-3086 909-350-6760 City of Huntington Beach City of Lake Forest 17851 Gothard Street 23161 Lake Center Drive, Suite 100 Huntington Beach, CA 92647 Lake Forest, CA 92630 Attn: Ron Foreman Attn: Phil Liso 714-536-5480 949-461-3485/949-283-1725 City of Laguna Niguel City of Laguna Hills 27791 La Paz Road 25201 Paseo de Alicia, Suite 150 Laguna Niguel, CA 92677 Laguna Hills, CA 92653 Attn: Randy Trinkaus Attn: Mr. Jan Frainie 949-362-4322 949-707-2600 City of Pomona City of Buena Park 5050 South Garey Ave. 6650 Beach Blvd., #8 Pomona, CA 91769 Buena Park, CA 90620 Attn: Bill Evans Attn: Rudy Juarez 909-620-2348 714-562-3865 /user/speccare 1/sales/bid pkg/refs cities trumCare Landscape&Irrigation Management MiAV ss®®n Statement Here at Spectrum Care Landscape, we are quality driven and goal oriented. With our vast knowledge and capability, we empowered the ability to accomplish any and all tasks assigned. It is that attribute, which put Spectrum Care Landscape at the forefront of the industry. Our quality control management sector is one that starts at the first phase of operation and continues company wide. At inception, to be a part of our Spectrum family one must attend an extensive orientation program. Throughout the company's chain of responsibility at every level, is a thorough process of consideration and placement of personnel to obtain the maximum output. With that business practice in mind, we have acquired many field experts that are proven specialists in the industry, Such as Horticulunst, Arbonst, Water Conservation Auditor, Central Irrigation Managers, License Pesticides Advisor and Applicator. Our commitment to develop a close personal working relationship, helps in collaborating a fast and higher standard degree of solutions Spectrum is also centrally located to provide ample on- the-job-site hours and quick emergency response capability. An asset that is unparallel and an added ingredient for a full service landscape maintenance provider. 27181 Burbank, Foothill Ranch, CA 92610 • (949) 454-6900 FAX (949) 454-6910 ® www.spectrumcarelandscape.com ''.. 1ruffic are Landscape&Irtigation Management QUALITY AS NC Quality is Job One. That is why at Spectrum Care Landscape, we have adopted the total quality management practice. It all starts at the first level with our field workers. These on site personnel, perform their duties with quality in mind. By following our standard and guidelines, provided to them on the first day of employment. The expectation of a job well done is ingrained in to the daily routine. Monitoring the performance of these field workers is the job of our on site supervisors. These supervisors elucidate the goals and tasks assigned to each field personnel. They intem reports of their findings to the superintendent for that contract. The superintendent will take the proper course of action and dispatch the assignment. Then the superintendent, along with supervisor will follow up to check the completion of the assignment. This particular process is known to be the feedback approach. Spectrum Care Landscape also utilizes a rpro-active approach. Starting from the top, the president of the company is involved in a quarterly job auditing. This process includes identifying troublesome areas and examines the best solution. Propose suggestions for enhancing and updating the plant pallet of the association. Along with the evaluation of the contract performance, to insure the written agreements are being honor. On a monthly routine, the general manager will tour the job site with the superintendent to follow up on the quarterly audit and make recommendation for improvements. Along with recognize and note items of concerns, creating a required action list to be compiled by the supervisors. To check off the list, the previous items from the month before. Then on a weekly basis, the superintendent will take along the supervisor throughout the job site. Following up on the monthly-required action items list, the two also look for a new or missed item to be address, so to prevent it from becoming a future issue. Supervisors, themselves are continuously, on a daily basis, assigning and monitoring the progress of the individual field personnel. With these two approaches to our quality control practice, we will continue to lead the industry of horticultural care provider. 27181 Burbank, Foothill Ranch, CA 92610 • (949) 454-6900 FAX (949) 454-6910 m www.spectrumcarelandscape.com