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Merchants Landscape Services, Inc. - 2019-10-01 (2)
AMENDMENT NO. 1 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MERCHANTS LANDSCAPE SERVICES, INC. FOR MSC-521 LANDSCAPE MAINTENANCE SPORTS COMPLEX THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City,"and MERCHANTS LANDSCAPE SERVICES, INC., a California Corporation, hereinafter referred to as "Contractor." WHEREAS,City and Contractor are parties to that certain agreement, dated October 1, 2019,entitled"Service Agreement Between the City of Huntington Beach and Merchants Landscape Services, Inc. for MSC-521 Landscape Maintenance Sportx Complex" which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Consultant wish to amend the Original Agreement to extend the term of the Original Agreement, NOW,THEREFORE,it is agreed by City and Consultant as follows: 1. TERM The term of the Agreement is extended for one additional year until September 30,2026. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. 24-14688/343615 I IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on ,2024. MERCHANTS LANDSCAPE SERVICES, CITY OF HUNTINGTON BEACH,a INC. municipal oration of the State of Californ. By: ,,,iQ� —S` Mark Brower C' print name ITS: (circle one)Chainnanfresidentice President Mayor 9,6 AND i-440140 City Clerk 7"/ 1°21/4 - By: ''uc-1—�- . Donna Brower INITIATED AND APPROVED: print name ITS:(circle one) ecretar�Chief Financial Officer/Asst. Secretary-Treasurer Director of Public `Yorks APPROVED AS ORM: Ci Attorney 24-14688/343615 2 ® DATE(MEIIDD/YYYY) ACO AC� CERTIFICATE OF LIABILITY INSURANCE 7/24/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: I MA, Inc. PHONE FAX 3475 E. Foothill Blvd., Suite 100 IAIC.No Fxlk (626)799-7000 (AIc,Nol; (626)583-2117 Pasadena,CA 91107 AI DRESS; INSURER(S)AFFORDING COVERAGE NAIC H www.boltonco.com OH64724 INSURER A: Executive Risk Indemnity Inc.(A++XV) 35181 INSURED INSURER B: Federal Insurance Company(A++XV) 19100 Merchants Landscape Services, Inc. INSURER C: Safety National Casualty Corporation(A+XIV) 15105 1190 Monterey Pass Road Monterey Park CA 91754 INSURER D: Continental Insurance Company(A XV) 35289 INSURER E: AXIS Surplus Insurance Co(A XV) 42587 INSURER F: COVERAGES CERTIFICATE NUMBER: 81135746 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR ,INSD wVD POLICY NUMBER (MM/DDTYYYY),(MMIDDIYYYY) A / COMMERCIAL GENERAL LIABILITY ✓ 54326724 7/1/2024 7/1/2025 EACH OCCURRENCE $1,000,000 GE TO CLAIMS-MADE ri I OCCUR PRREM SES(aENTED occurrence) $100,000 MED EXP(Any one person) $5,000 A PERSONAL 8,ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY I PECOT- LOC 54326724 7/1/2024 7/1/2025 PRODUCTS-COMP/OPAGG $2,000,000 OTHER: Pollution Each/Aggregat $1,000,000 B AUTOMOBILE LIABILITY 54326723 7/1/2024 7/1/2025 COAIBINEDNGLE LIMIT S ✓ (Ea accident)SI 1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ B UMBRELLALIAB ✓ OCCUR 56717365 7/1/2024 7/1/2025 EACH OCCURRENCE $5,000,000 I EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 DED I RETENTIONS° $ C WORKERS COMPENSATION SP4066615 Excess WC(CA) 6/1/2024 6/1/2025 ✓ STATUTE EERH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETOR/PARTNERjEXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED7 (Mandatory In NH) E.L.DISEASE.EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B 3rd Party Employee Theft 81585028 6/1/2024 6/1/2025 Limit:$1 MIUDed.$25,000 D Installation Coverage 7092550933 7/1/2024 7/1/2025 Limit: $100,000/Ded$2,500 E Professional/Pollution Liability CP005684022024 7/1/2024 6/1/2025 Limit:$1 MIL/Ded.l$10K&$25KDed,resp DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Workers Comp is Self-Insured under California Certificate of Consent to Self Insure#03-1-1793-01 for CA operations. Re:City of Huntington Beach MSC 524-South Parks Landscape Maintenance.GL&Auto Additional Insured apply per CG20101219,CG20371219&CA20481C 13 attached.GL Primary&Non-Contributory Wording applies per 10022461715 attached.GL&Auto Cancellation Cla p er 10022494715&16020�22111S attached.Additional Insured(s):City of Huntington Beach,its officers,elected or appointed officials,employees,ag�� dataeeFs.TO FORM By: (,,kJ MICHAEL E. GATES CERTIFICATE HOLDER CANCELLATION CITY ATTORNEY City of Huntington Beach MSC 524-South Parks Landscape Maintenance CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Justin Torres ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE Cheryl Feia ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 31135146 I 11ERC3-1 I MLS 7/24 GL,Auto.Umb, I14, XV:C,crirce, Po11/Profe I Ryan Yamaguchi I 7/24/2024 3:57:43 Pa (PDT) I Page 1 of 8 POLICY NUMBER: 54326729-00 COMMERCIAL GENERAL LIABILITY CG 20 10 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations CITY OF HUNTINGTON BEACH, ITS OFFICERS, JOB # MSC 524 SOUTH PARKS — ALL HUNTINGTON ELECTED OR APPOINTED OFFICIALS, BEACH PARKS UNDER THE MSC 524 CONTRACT EMPLOYEES, AGENTS AND VOLUNTEERS 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to This insurance does not apply to "bodily injury" or include as an additional insured the person(s) or "property damage"occurring after: organization(s) shown in the Schedule, but only 1. All work, including materials, parts or with respect to liability for"bodily injury", "property equipment furnished in connection with such damage" or "personal and advertising injury" work, on the project (other than service, caused, in whole or in part, by: maintenance or repairs) to be performed by or 1. Your acts or omissions;or on behalf of the additional insured(s) at the 2. The acts or omissions of those acting on your location of the covered operations has been behalf; completed;or in the performance of your ongoing operations for 2. That portion of "your work" out of which the the additional insured(s) at the location(s) injury or damage arises has been put to its designated above. intended use by any person or organization other than another contractor or subcontractor However: engaged in performing operations for a 1. The insurance afforded to such additional principal as a part of the same project. insured only applies to the extent permitted by law; and C. With respect to the insurance afforded to these 2. If coverage provided to the additional insured is additional insureds, the following is added to required by a contract or agreement, the Section III—Limits Of Insurance: insurance afforded to such additional insured will not be broader than that which you are If coverage provided to the additional insured required by the contract or agreement to is required by a contract or agreement, the provide for such additional insured. most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: CG 20 10 12 19 ()Insurance Services Office, Inc.,2018 Page 1 of 2 81135746 I t4ERCH-1 I MLS 7/24 GL,Auro.Ueb, IR, XP:C,crir.e, Poll/Profe I Ryan Yamaguchi 17/24/2024 3:57:43 PM (PDT) I Page 6 of 8 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 ©Insurance Services Office, Inc.,2018 CG 20 10 12 19 81135746 11•:ERCH-1 114L5 7/24 GL,Auto.Umb, 11d, X6:C,crime, Poll/Profe I Ryan Yamaguchi 17/24/2024 3:57:43 P14 (PDT) I Page 7 of 8 POLICY NUMBER: 54326729-00 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations CITY OF HUNTINGTON BEACH, ITS OFFICERS, JOB # MSC 524 SOUTH PARKS — ALL HUNTINGTON ELECTED OR APPOINTED OFFICIALS, BEACH PARKS UNDER THE MSC 524 CONTRACT EMPLOYEES, AGENTS AND VOLUNTEERS 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III-Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 1 81135746 I MERCH-? I ML5 7/24 GL,Auto.Urb, II4, XP:C,crime, Poll/Profe I Ryan Yamaguchi 17/24/2024 3:57:43 PM (PDT) I Page 8 of 8 POLICY NUMBER: 54326724 COMMERCIAL GENERAL LIABILITY 10-02-2461 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE FOR SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Additional Insured: Location Of Covered Operations: WHERE REQUIRED BY WRITTEN CONTRACT ALL LOCATIONS (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect only to the Additional Insured and at (1)The Additional Insured is a named the Location Of Covered Operations shown in the insuredunder such other insurance; and Schedule,the following is added to SECTION IV— (2)You have agreed in writing in a contract COMMERCIAL GENERAL LIABILITY CONDITIONS, oragreement that this insurance would Paragraph 4.Other Insuranceand supersedes any beprimary and would not seek provision to thecontrary: contributionfrom any other insurance Primary And Noncontributory Insurance available to theAdditional Insured. This insurance is primary to and will not seekcontribution from any other insurance available to the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule under thispolicyprovided that: 10-02-2461 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. 81135746 I MERCH-i I MLS 7/24 GL,Auto.Umb, P.4, X6C,crime, Poll/Profe I Ryan Yamaguchi 17/24/2024 3:57;43 PM (PDT) 1 Page 4 of 8 POLICY NUMBER: 54326723 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:Merchants Landscape Services, Inc. Endorsement Effective Date:02/17/2022 SCHEDULE Name Of Person(s)Or Organization(s): City of Huntington Beach, its officers,elected or appointed officials,employees, agents and volunteers. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier. Coverage Forms and Paragraph D.2. of Section t — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 81135746 1 MERCR-1 1 MLS 7/24 GL,Auto.Umb. III, XEC,cr1me, Po11/Profe I Ryan Yamaguchi 17/24/2024 3:57:43 P11 (PDT) 1 Page 2 of 8 • POLICY NUMBER: 54326723 COMMERCIAL AUTO 16-02-0322(Ed. 11-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NON-RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS This endorsement modifies the following: COMMON POLICY CONDITIONS SCHEDULE Name(s)and Address(es): WHERE REQUIRED BY WRITTEN CONTRACT. The following Condition is added: Notice Of Cancellation Or Non-Renewal To Specified Persons Or Organizations 1. If we cancel or non-renew this policy for any reason other than non-payment,we will deliver notice of the cancellation or non-renewal to any Person(s)or Organization(s)shown in the Schedule 30 days prior to the effective date of cancellation or non-renewal. 2. If we cancel this policy for non-payment,we will deliver notice of the cancellation to any Person(s)or Organization(s)shown in the Schedule 10 days prior to the effective date of cancellation. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Any failure by us to notify such person(s)or organization(s)will not invalidate such cancellation or non-renewal with respect to any other person(s)or organization(s). 16-02-0322(Ed. 11-15) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. 81135746 1 MERCH-1 1 MLS 7/24 GL,Auto.Umb, IM, XRC,crime, Poll/Profe 1 Ryan Yamaguchi 17/24/2024 3:57:43 PM (PDT) 1 Page 3 of 8 • POLICY NUMBER:54326724 COMMERCIAL GENERAL LIABILITY 10-02-2494(Ed.7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NON-RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS This endorsement modifies the following: COMMON POLICY CONDITIONS SCHEDULE Name(s)and Address(es): ALL PERSONS OR ORGANIZATIONS AS ON FILE WITH US. The following Condition is added: Notice Of Cancellation Or Non-Renewal To Specified Persons Or Organizations 1. If we cancel or non-renew this policy for any reason other than non-payment,we will deliver notice of the cancellation or non-renewal to any Person(s)or Organization(s)shown in the Schedule THIRTY (30) days prior to the effective date of cancellation or non-renewal. 2. If we cancel this policy for non-payment, we will deliver notice of the cancellation to any Person(s)or Organization(s)shown in the Schedule TEN (10)days prior to the effective date of cancellation. 3. If notice is mailed,proof of mailing will be sufficient proof of notice. 4. Any failure by us to notify such person(s)or organization(s)will not invalidate such cancellation or non-renewal with respect to any other person(s)or organization(s). 10-02-2494(Ed.7-15) Includes copyrighted material of Insurance Services Office,Inc., Page 1 of with its permission. 61135746 I ItERCU-1 I MLS 7/24 GL,Auto.Umb, III, XIC,crime, Poll/Prole I Ryan Yamaguchi j 7/24/2024 3:57:43 Pa (PDT) I Page 5 of 8 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND Merchants Landscape Services, Inc. FOR MSC-521 Landscape Maintenance Sports Complex THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach a municipal corporation of the State of California, hereinafter called "City," and MERCHANTS LANDSCAPE SERVICES, INC. , a California Corporation hereinafter referred to as "Contractor." , Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of landscape services including but not limited to groundskeeping irrigation systems, natural and artificial turf, chemical application and playground maintenance and other tasks as detailed in Exhibit A. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in in Exhibit A which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Martin Herrera who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. Page 1 of 9 2016 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "A." The total sum to be expended under this Agreement, shall not exceed $200,000 PER YEAR during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence OCTOBER 1, 2019 or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate SEPTEMBER 30, 2024 , unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for two (2) additional one-year periods if mutually agreed to in writing by both parties. All tasks specified in Exhibit "A" shall be completed at the frequency, time and schedule indicated in Exhibit "A". The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or Page 2 of 9 2016 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. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. Page 3 of 9 2016 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Page 4 of 9 2016 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. Assianment Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the Page 5 of 9 2016 situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: To Contractor: City of Huntington Beach Merchants Landscape Services, Inc. Attn: Denny Bacon Attn: Martin Herrera 2000 Main Street 1510 S. Lyon St. Huntington Beach, CA 92648 Santa Ana, CA 92705 714-972-8200 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. Page 6 of 9 2016 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction - Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 9 2016 29. Professional Licenses Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 8 of 9 2016 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Manager. This Agreement shall expire when terminated as provided herein. CONTRACTOR: Merchants Landscape Services, Inc. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By: California �. Mark Brower INITIATED AND APPROVED: print name ITS: (circle one) Chairrna(PresideDtkice President AND Tom erbel, P. . Public Works Director By: Donna Brower APPROVED AS TO RM: print na e ITS: (circle on ice-President/Chief Financial Officer/Asst. Secretary-Treasurer ity Attorney kw VI W AND ZRED: City Manager RECEIVED: Z&ju7�61 City Clerk /01/171iq ,( Page 9 of 9 2016 0 ro osa oY ("17-TY OF HUNTINGTON BEA CH MSC 521 Landscape Maintenance Sports Complex Due Date: August 22, 2019 Time. 3:00 pm Submitted By: merchants Lan,cls,t,ape services, inch 1510 S. Lyon St. Santa Ana, CA 92 705 800--645-4881 Fax 714-9 72-3185 Contact Martin Herrera martinAmerchantslandscape.corn EXHIBIT A Page 2 of 84 I { I I SECTION C PROPOSAL Fox MSC-521. LANDSCAPE MAINTENANCE -SPORTS COMPLEX IN THE CITY OF HUNTINGTON BEACH In compliance with the Instructions to Bidders,the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor,material,equipment and incident insurance necessary therefor, in accordance with the documents and specifications on file in the Finance-Purchasing office of the City of Huntington Beach.The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the Maintenance Operations Manager of the City of Huntington Beach,and to enter into a contract at the following prices, BIDDER declares that this proposal Is based upon careful examination of the work site,plans,specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will s result in forfeiture to AGENCY of the guaranty accompanying this propoal. BIDDER understands that a bid is required far the entire work,that the estimated th in under the contract will be Schedule are solely for the purpose of comparing bids and that final compensation based upon the actual quantities of work satisfactorily completed, THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed l bethu k�ritee and/or fpi lump pe period a prices days include all appurtenant expenses,taxes,royalties,fees,etc„and w g i from the bid opening date. If at such time the contract is not awarded, ids and will the AGENCY will reject all b } readvertise the project. In the case of discrepancles in the amounts bid,unit prices shall govern over extended amounts,and words shall govern over figures, If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the I required contract and filing the necessary bonds and insuatract to the rance certificates within 10 working days after the date of the AGENCY'S notice of a f coENCY and this ib d an t Proceedshe dtheaccep acceptance hereof may,at the AGENCY'S I bid shall become the property of the option,be considered null and void, Bidder's Bond in the Accompanying this proposal of bid,find (Please insert the words"Cash","Certified Check",or"Bidder's Bond",as the case may bo) amount of$ 10% which said amount is not less than 10%of the aggregate of the total bid price, as required by the Instructions to Bidders,payable to the AGENCY, I sports Complex Section C Page t I I EXHIBIT A Page 3 of 84 i Bidder shall signify receipt of all Addenda here,if any: M27 MAugust vedntrme 2019019 i i k ------------- i Sports Complex Station C Pogo 2 I EXHIBIT A Page 4 of 84 ` PROJECT BID SCHEDULE City of Huntington Beach MSC-521 Landscape Maintenance -Sports Complex Bid Items; tBxn N , •: Provide Landscape Maintennnee Services per y specifications and exhibits - 11,200.00 MONTHLY COST S iA Provide landscape Maintenartice Services par BASE BID specifications and exhibits - 134,400.00 ACVNUAI.COST -S TOTAL AMOUNT OF BASE AID IN FIGURES $ 134,400.OQ TOTAL AMOUNT OF BASE BID IN WORDS One hundred thirty-four thousand four- d� dollars and zero cents The base bd i item I A will be used for comparison of bids and to determine the lowest bidder. j Extra Work Bid Item(s): ion,City may request Contractor to provide additional labor and/or From time to time and at its sole discret materials for additional services and/or miscellaneous impravement�l Shall A provide detailed quoteroj cot area that iss to City in scheduled services required by the General Specifications.Contract advance on a labor and i material allowed uthe nless pecifcally stated below sum �r and material pricing for extra worst improvements w ' DESCRIPTION ITEM PRIG Empty Trash Receptacle(in addition to any trash receptacle service $ 3,00 i F1 included in base bid specifications)--per can/per empty. $ 40.00 E2 Supervision-hourly labor $ 30.00 I nEMLaborer oreman--EhWrlylabor $ 2$.Qo i -- abor E5 Concrete Finisher--hourly labor $ 50.00 $ 40.00 Eg Irrigation Technician—hourly labor , sports comptax Section C Page 3 EXHIBIT A Page 5 of 84 I i Extra Work Bid Item(s): IT�1VI DESOUPTION PRICE $ 32.00 E7 Irrigation Repairman—hourly labor Ee Single Staking—material and labor, each $ 15.00 30.00 E8 Double Staking —material and labor, each Elo Install Root Barrier—material and labor, per lineal foot 15.00 1.25 Ell Install Sod—material and labor, per square foot Et2 Ground cover—material and labor, per flat $ 1$.00 E13 Annual Color—material and labor, per flat $ 22.00 9.00 E14 Shrub—material and labor, one gallon,each E16 Shrub—material and labor,five gallon,each � 22.00 E16 Shrub—material and labor,fifteen gallon,each 60.00 E17 Tree--material and labor,fifteen gallon, each 115.00 Eta Tree—material and labor,twenty-four Inch box, each 345.00 For Item below, indicate %discount or markup from Contractor Cost using plus (+ for markup, and minus - for discount and a numeric percentage—maximum 15%markup per item. Parts—including irrigation system controllers,communications 15% E14 equipment, and sensors - i I -- I l sports Complex Section C Page 4 i EXHIBIT A Page 6 of 84 I f SPORTS COMPLEX SCOPE OF WORK I Park Area: 45 acres; 1,960,200 square feet FUNCTION QTY FREQUENCY OPTION A -T EMPTY TRASH CANS 8t7 2X er week GROUNDS MAINTENANCE TURF MAINTENANCE Weekly CLIPPING REMOVAL Weekly LITTER REMOVAL weekly RODENT CONTROL Monthly PLAYGROUNDSAND ]WneklvCLEANINGROTOTILLING 6er ear EEd CHEMICAL APPLICATION bX net, ear L:E!DGF-TURF AREAS RE-EMERGENCE 2X er ear LANTER BEDS AERATE&FERTILIZE FORGAN E TURF Per Annual Schedule E PLANTERS per Annual Schedule TURF per Annual Schedule PE 1X er year PPER OW RENOVATIONlX er ear 1X er ear PLANTERS CLEAN&WASH DUG OUT AREAS 2X ner week HYDRO BROOM INFIELD TRANSITION I X per month AREA Sports Complex Section C Page 5 EXHIBIT A Page 7 of 84 j i i NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID i 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed 0118-29._19 at Santa Ana , CA Date City State Mark Brower being first duty sworn,deposes and says that he or she is Preside t of Merchants Land sca e S r ' he party making the �- I foregoing bid that the bid is not made in the interest of,or on the behalf of,any undisclosed ociation,organization, or corporation;that the bid is genuine, person, partnership,company,ass 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,balydep� tory,iolr not pay fee to any corporation,partnership,company association,organization, I to any member or agent thereof to effectuate a collusive or sham bid. I f� Merchants Landscape Services, Inc. i Name of Bidder 4 ' Signature of € &rMa�rkBrower 1510S. Lyon St Santa Ana, CA. 92705 f Address of Bidder �EE i t Sports complex Seetimi C Page 6 i i i i EXHIBIT A Page 8 of 84 i t fy UTTLITY AGREEMENT 1 HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BE, CALIFORNIA Gentlemen, The undersigned hereby promises and agrees that in the partormance of the work specified in the contract,known as the City of Iluntitigtoir Sports Complex Maintenance Services, (I)(weXit) 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 h Title 8,California Administrative Code, Section 2700,as follows; "Qualified Person: A person who, by reason a d the hazards or instruction, involved !s fan:tllar with the operation to he performell The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Merchants Landscape Services, Inc. Contractor 1 ' ByMark Brower is President , Title i Date; August 20, 2019 i i Sports Complex Section C Page 7 EXHIBIT A Page 9 of 84 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5,the Bidder shall complete,under penalty 1 of perjury,the following questionnaire. QUESTICONNAIRIC Ilan 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 an or completing a Federal, State or local government protect because of a violation of law or a safety regulation? i Cl Yes W No !_ If the answer is yes,explain the circumstances in the space provided. i I ; i i Note. This questionnaire constitutes a part of the Proposal, and a signature portion of the proposal shall constitute signature of this questionnaire. sports Complex smion C Pnge 8 EXHIBIT A Page 10 of 84 COMP'+NSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whorn a public works contract has bccn awarded shall sign the following certificate. I am aware of the provisions of section 3700 of the Gabor 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 commencing the performance ot'the work of this contract, provisions before, Merchants Landscape Services, Inc. Contractor By Mark Brower President Title l i + I .' Date: August 20, 2019 i ' 1 4 I i i Sports Complex Section C Page 9 I EXHIBIT A Page 11 of 84 i BIDDER'S INTORMATION BIDDER certifies that the following information is true and correct: I Merchants Landscape Services, Inc. Bidder Name 1610 S. Lyon St. Business Address Santa Ana CA 92705 City, State Zip 714 972-$200 Telephone Number 765658 C-27 State Contractor's License No.and Class 7-13-99 Original Date issued 7-31-20 Expiration Date 1 { i The work site was inspected by Martin Herrera of our office on August 12_,20119 The fallowing are persons,firms,and corporations having a principal interest in this proposal; i E : Mark Brower, President Theodore Haas, Chairman { i is { sports Complex Section C Page 10 ! i 1 E EXHIBIT A Page 12 of 84 l i The undersigned is prepared to satisfy the Council of the City of Huntington Beach o its ability, i financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth, Merchants Landscape Services, Inc. Company Name 'Signature of Bidder Mark Brower Printed or Typed Signature Subscribed and sworn to before me this2Othday of August ,2019 . NOTARY PUBLIC SEE ATTACHED NOTARY NOTARY SLAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: l SEE ATTACHED REFERENCE LIST Name and Address of Public Agency Name and Telephone No.of Project Manager: ! s Contract Amount Type of Work Date Completed I 2. Name and Address of Public Agency Name and Telephone No.of Project Manager: -• T c of Work Date Completed Contract Amount YP t 3. Name and Address of Public Agency p Name and Telephone No.of Project Manager: I i Type Contract Amount T e of Work Date Completed Sports Complex seetlon C Page !! EXHIBIT A Page 13 of 84 CALIFORNIA ALL-PURPOSE CIVIL CODE 1189 .r,.., <4 State of California %< County of Orange August 20, 2019 before me, Nadine Rodriguez, Notary Public On d Date Here Insert Name and Title of the Officer Mark Charles Brower f personally appeared Name(s)of signer(s) <ti la €a who proved to me on the basis of satisfactory , r' evidence to be the person(j) whose name() is/aile subscribed to the within instrument and acknowledged hj to me that he/s�e/tt}ey executed the same in his/hor/their authorized capacity(icis),- and that by his/hor/thleir signature($) on the instrument the person(0) or the entity upon behalf of which the t ��NADINE RODRIGUEZ personO acted, executed the instrument. Notary Public-California a Orange Count Z r 9 Y n I certify under PENALTY OF PERJURY Linder the a Commission#2156586 laws of the State of California that the foregoing M Comm. Expires Jun 3, 2020 paragraph is true and correct. WITNESS my hand and official seal, y r Signature: Place Notary Seal Abova turn of Notary Publ[ci ' � ' OPTIONAL 4 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. t� Description of Attached Document '; ? Title or Type of Document: Number of-Pages: ` Document Date: ?� fi Signer(s)Other Than Named Above: r Capacity(ies)Claimed by Signer(s) Signer's Name: Slgngrfs Name: 91, Corporate Officer—Title(s): o,e.dlCorporate Officer—Titlo(s): gl 0 Individual i. C Individual C Partner—CJ Limited O General !T.�",,-bere I I Partner—I I Limited I I General rap of thumb here Attorney in Fact A ©Attorney in Fact C Trustee 0 Trustee C Guardian or Conseryatar" LJ Guardian or Conservator C Other: ❑Other: N Signer•Is Representing: Signer is Representing: t? O 2010 National Notary Association•NationallNotary.org-1.600-US NOTARY(1.000-876.6827) Item 05907 EXHIBIT A Page 14 of 84 Isha ts COMPANY PROFILE Merchants Landscape Services is a frill service landscape maintenance contractor, which currently operates Four Regional offices in Southern California. Merchants Landscape Services corporate headquarters is located in Santa A- na, Merchants Landscape is the largest provider of municipal landscape maintenance in Southern California. This growth was accomplished without a marketing department or acquisitions. MLSs corporate philosophy is based on service and client retention. Our Sun Valley branch service's LA and Ventura counties, the Santa Ana and Irvine branch's Orange County, the Rancho Cucamonga branch service's Rivet-side and San Bernardino counties. Merchants Landscape Services has over 400 employees and maintains a fleet of more than 200 trucks and trailers. Company annual sales will exceed$25,000,000.00 this year. We have hundreds of accounts encompassing a wide range of maintenance clients. Included are large regional Hospitals, school districts,and County contracts. However, nearly 100%of the company's revenue is generated from municipality landscape maintenance contracts. Merchants Landscape Services is currently servicing the cities of: Irvine Moreno Valley Ontario Huntington Beach Orange West Covina Covina Manhattan Beach Chino Great Park Sierra Madre Fountain Valley Yorba Linda County of Orange Buena Park Hermosa Beach Merchants welcomes any interested future clients to contact any of our current clients regarding Merchants services. Merchants Landscape Services is I of only 2 landscape maintenance companies in California that are self-insured for workers compensation insurance. Allowing Merchants to maintain a lower cost of operation and provide our clients with very competitive pricing. The contact lead person for the City of Huntington Beach will be Branch Manager Mai-tin Herrera, martin@merchantslatidscape.com. The office is Located 1510 S. Lyon St., Santa Ana, CA, 92705; Office#(800)645-488 1,Fax# (714) 972-3185 1510 South Lyon Street D Santa Ana e CA 92705 o Tel (800) 645-4881 Fax (714) 972-3185 CA Lic.765658 EXHIBIT A Page 15 of 84 aas Qiialifications/Experience of Bidder Merchants Landscape Set vices is the largest provider of municipal landscape maintenance in the United States. We currently have under long-term municipal contracts more than 300 parks encompassing more than 2,500 acres of municipal parks and maintain a total of over 5,000acres of municipal landscape. Our excellent reputation and extensive client list attests to our commitment to providing the highest quality municipal landscape maintenance in the industry. Many of our largest clients have renewed their contracts with Merchants with some in their 3rd terms of 15 years of service. City of Irvine- Merchants has provided complete landscape maintenance for all sports parks, parks and facilities since 2008 and recently executed a new third contract to continue through 2022. Merchants provides 7 day a week service for 26 sports parks and 27 parks totaling over 350 acres. Including, 34 soccer fields,43 ball fields,which are prepped daily by Merchants crews, and servicing over'700 trash cans daily, Our service also includes major montl-ly and annual renovation work, including monthly aerations varying from hollow tine,solid tine,verti- drain etc. Annually we install over 200,000 sq.ft. of sod and completely renovate all turf areas. In addition to the cities sports park system and all facilities,Merchants also maintains the Cheat Park and all medians,parkways and parks in the Villages of Turtle Rock,Woodbrige,Westpark,Woodbwy,Northwoods ,El Camino and Portola total i.ng over 1,100 acres. The City of Irvine spends over$10,000,000.00/year with Merchants to maintain their landscape. City of Ontario-Merchants has provided the landscape maintenance in Ontario for past 10 years and was recently awarded its third 5 year contract,to continue through 2022. We maintain facilities,medians, parkways and parks,totaling over 200 acres,including 7 days a week trash cans,opening/closing/cleaning restrooms, opening/closin.g parks and playgrounds daily. City of Orange-Merchants was recently awarded its third consecrative 5 year contract to continue maintaining the cities park system. Totaling 22 parks with over 200 acres of landscaping. EXHIBIT A Page 16 of 84 Qualifications/Experience of Bidden—Cont, Great Park-Merchants was recently awarded a 5 year,$20 million dollar contract to maintain the Great Park. The Great Park is the largest municipal sports park in the United States, encompassing over 350 acres. Which includes 17 soccer fields,12 baseball fields,5 synthetic fields,27 tennis courts and volleyball courts.It also includes tournament stadiums for soccer, baseball,vollyball and tennis. Merchants Landscape also possesses a one of kind extensive inventory of landscape equipment. As the attached equipment inventory illustrates we own a very diverse and specialized equipment inventory. I-Iaving numerous tractors,renovators,aerators,dethatchers, slit-seeders; vacuums, top dressers and state of the art mowers. Our extremely unique portfolio of.municipal park maintenance has resulted in a one of kind management staff with unparallel knowledge and experience in the art of sports turf management. Simply, municipal maintenance is what Merchants Landscape was built on and continues to grow with.Our total staff is committed to it and thrives on the challenge every day. EXHIBIT A Page 17 of 84 1 y MERCHANTS LANDSCAPE SERVICES, INC. References i�,=' P.O. Box 99575 97589 Gothard St. Irvine, C 92623 A.. Huntington Beach, CA. 92647 Phone: A 9) 633-0325 Contact: David De La Torre Contact: Casey Gnadt E-Mail: david.delatorre@surfcity-ftb.org E-Mail: CGaadt@cityofirvine.org Phone: 4) 5 -52128U Project Completion: On going to 2022 Fax: {714) 536-5292 Project size in $: $6,000,(J00/yr. Project Completion: On going to 2029 Medians, Parkways, City Parks, Sports Ps Size in $ $ ex 000/yr. parks, Villages of Westpark, Woodbridge; Paarrks,, Sports Complex Turtle Rock, Northwoods & Woodbury ( 1 TY OF Il st = _: i P.O. Box 99575 �� �iw t�>�=�Ni:w Irvine, CA. 92623 230 E. Chapman Phone: (949) 633-033$ Orange, CA. 92$66 Contact: Todd Coward Contact: Dana Robertson E-Mail: drabertsan@cityofarange.arg E-Mail: TCoward@ciirvine.ca.us Phone: (omp) 744 Project Completion: On going to 2022 Project size in$; $4,000,000/yr. Project Completion:: On going to 2021 Great Park Project size in$: $750,000/year All City Parks &Assessments Districts Ci`i"fig OF Ft')00477 trs�,`:.L E 97300 Mt, Herrmann St. �'"�� '�"'F`�l"ii"' A i�„ Fountain Valley, CA. 92708 BuenaBeach Blvd' .BContact., Gilbert M. Lopez ue Park, CA. 90629 E-Mail: Gil.Lopez@fountainvalley,org Contact: Gerry Lopez Phone: (794) 593-4692 E-Mail: glopez@buenapark.com Fax: (7�4) 556-7362 Phone: (794) 562-3650 Project Completion: On going to 2029 Project Completion: On going to 2021 Project Size in $.' $60U, OOtyr. Project Size in $: $800,000/yr. Sports Parks, Parks & Civic Facilities Barks and Medians EXHIBIT A Page 18 of 84 " CONTRACTORS C+� STATE LICENSE BOARD pFPAAIiAEM IY CLW&MFA AKAIfW ACTIVE LICENSE V ® LlcansFs Number , EMm C O Ru 1 Busr�ass Name MERCHANTS LANDSCAPE SERVICES INC C27 = Fsyiratlo Nle 07/31/2021 www.cslb.ca.gov 0 EXHIBIT A Page 19 of 84 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Merchants Landscape Services,Inc. as Principal, hereinafter called the Principal, and Hartford Fire Insurance Company a corporation duly organized tender the laws of the State of CT 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 THE AMOUNT BID IN DOLLARS ($10%) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for MSC-521 Landscape Maintenance—Sports Complex NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid;and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 13th day of August 2019 Merchants Landsca ,,Services, Inc. President (Princfpat) (Seal) (Ut>'itnesp� (Title) Hartford Fire Insurance Company � fitness) MARY SMITH,Att irndy-ln-Fact (Surety) Emily Precfado fSeal) ^ EXHIBIT A Page 20mfQ4 CALIFORNIA ALL-PURPOSE ACKNOWuOVGMENx CIVIL CODE @11O9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached,and not the truthfulness,accuracy,or validity of that document. State ofCalifornia / County of Los Angeles / On August 1U.2V19 before me., Emi|yPna�odo. Notary Public _. � Hmm�oo�Namw�d��oy�oV8m� [��� personally appeared w/ ary Smith Name( who proved to me on the basis of satisfactory evidence to be the person(ay whose name(q(js/,a4 subscribed to the within instrument and acknowledged,to me tha.tx/sheftjl�f executed the same in WherAhWlauthorized~.p~~'^vr~~~------ -- - — ' signatUreogron or the entity upon behalf of which the person;9)acted, executed the instrument, if der PENALTYOF PERJURY under the laws of the State cf California that the foregoing paragraph |s true and correct. WITNESS my hand and official seal. Comm.#2, 145802 Signature my comm.Expires Mar,11,202o Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of th cument or ''mwwvle',. reattachment of this'~^' ``~''unintended— -'— EXHIBIT A Page 21 of 84 Directlnquiries/Claims to: THE HARTFORD POWEROFATTORNEYBONDectic one Hartford Plaza Hartford,Connecticut 06155 Bond.Claims0thehartford.Com call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON & COMPANY Agency Code: 7 2-18 3 2 50 FT-1 Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company,a corporation duly organized tinder the laws of the State of Indiana X Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Com party of Illinois,a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized tinder the laws of the State of Florida having their home office in Hartford,Connecticut,(hereinafter collectively referred to as the"Companies")do hereby make,constitute and appoint, up to the amount of Unlimited : Steven L. Brockmeyer, Barbara Doerning, Emily Preciado, Mary Smith, Ronald C. Wanglin of PASADENA, California their true and lawful Attorneys)-in-Fact, each In their separate capacity if more than one is named above, to sign its name as surety(ies)only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof,and as authorized by a Resolution of the Board of Directors of the Companies on May 6,2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further,pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. e,��1,yrrfrw� �U+r'°pri /5��}�►+>�t'e C's 1ilrl- nco4�.1i �� 7919�:�• :r1\. b'*'•° �A��� � v'_o: John Gray,Assistant Secretary M.Ross Fisher,Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 5th day of January,2018,before me personally came M,Ross Fisher,to me known,who being by me duly sworn,did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. R Kathleen"r.Maynard Notary Public CERTIFICATE My Cmmuission Expires July 31,2021 I,the undersigned,Assistant Vice President of the Companies,DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of August 13, 2019 Signed and sealed at the City of Hartford. tyTruW �e'°`°rr e+ s! trY_♦r t w�R,�w �farw � o+i �+, Ptianntnv� ��Ylitlt• � 'iry:;;,1gQ9 a 1970 4 j474 � 4t '�x':�Tir� '�'�.N°�� ±rp-•'xa•�+ � '� 'k;"',* `nw�•y '"w:::r•• .•`rt`�� Kev1n Heckman,Assfstant Vice President PIA 2018 _ . EXHIBIT A Page 22 of 84 CALIFORNIA ALL-PURPOSE l CIVIL c©DR§11189 State of California County of Orange ;P On August 20 2019 Nadine Rodriguez, Notary Public g � before me, g � � Date Here Insert Name and Title of the Officer c %} personally appeared Mark Charles Brower Name(s)of Signers) 0 who proved to me on the basis of satisfactory evidence to be the person(q) whose name(s) is/aYe ' subscribed to the within instrument and acknowledged to me that he/sloe/they executed the same in his/hor/tpir authorized capacity(iq's),- and that by } his/hor/thbir signature(s) on the instrument the z NADlNE ROt)tiIGUEZ person(e'}, or the entity upon behalf of which the r Notary Public-California person(q)acted,executed the instrument. tt orange County z Commission#2155586 I certify under PENALTY OF PERJURY under the coy Comm.Ex ices Jun 3,2020 jlaws of the State of California that the foregoing paragraph is true and correct. r3 WITNESS my hand and official seal 2 X< Signature:.- °t, Sr nature of NotaryPUam,� Place Notary Seal Above g BIic l OPTIONAL e Though the information below Is not required by law,it may prove valuable to persons relying on the docume and could prevent fraudulent removal and reattachment of this form to another document. Y, t� Description of Attached Document ,, Title or Type of Document: tDocument Date: Numb Pages: Signer(s)Other Than Named Above: '' Capacity(ies)Claimed by Signer(s) r� h Signer's Name: Sigrr's Name: ❑ Corporate Officer—Title(s): Corporate Officer—Title(s): ❑ Individual Cl individual e s 6 ❑ Partner—El Limited ❑General Top of nib here I I Partner —I I Limited I i General TQp ofth�mb hero ❑ Attorney in Fact El Attorney!n Fact h G Trustee O Trustee Guardian orConsery ❑Guardian or Conservator ❑ Other: ❑Other: Signer representing: Signer Is Representing: _ h F� :V s' ^cf ct-�'"= -k.,.c�;3 u�,.�,_✓: .,�,.^�:a. �.u_� �; .. �bC;, .*.c."�=: t_Emc�,? ! �.:-��. .s: ��,..r. r ,. y. Item A6$07 0 2010 National Notary Association-NationalNotary.org•1-800-US NDTARY(1-800-876-6827) EXHIBIT A Page 23 of 84 SECTION A INVITATION TO BID MSC-521 LANDSCAPE MAINTENANCE - SPORTS COMPLEX NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated maintenance services and will receive such bids in the office of FINANCE-PURCHASING, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 3:00 PM on August 20, 2019. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color,national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. Pre-Bid Meeting: A mandatory pre-bid meeting will be held on August 8, 2019 at 10:00 AM, for the purpose of reviewing bid documents,receiving bidder questions and reviewing the site(s). Pre-bid meeting will be held at City of Huntington Beach Corporation Yard, 17371 Gothard Street, Administration Building A,Huntington Beach, CA 92647. Sign-in will be required to verify attendance. Project Description: The project consists of specified landscape maintenance tasks at the Huntington Beach Sports Complex, a 45-acre facility consisting of eight softball fields overlaid with seven soccer fields; three open artificial turf fields; one arena turf field; and two playgrounds and parking lot. Tasks include but are not limited to weekly grounds maintenance, irrigation systems maintenance,trash removal, chemical application, and playground maintenance to be performed on a pre-determined schedule at regular intervals. Proposal Guarantee: The bid must be accompanied by a bidder's bond, certified check, or cashier's check made payable to the AGENCY for an amount no less than 10% of the amount bid. The AGENCY reset ves 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. Sports Complex Section A Page 1 EXHIBIT A Page 24 of 84 SECTION B INSTRUCTIONS TO BIDDERS MSC-521 LANDSCAPE MAINTENANCE - SPORTS COMPLEX i 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 may reject any proposal not meeting these requirements. The bid shall be filed with the Finance Department,First Floor City Hall,2000 Main Street, Huntington Beach, California,92648 and shall be endorsed with the PROJECT NAME and MSC Number as it appears on the Notice Inviting Sealed Bids.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,or telephonic 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 ten(10)working days after the award. In the case of refusal or failure to enter into said contract,the check or bond, as the case may be, shall be forfeited to the AGENCY. 3.Proposal Signature If the proposal is made by an individual,it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the co-partnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation,the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. Sports Complex Section B Page I EXHIBIT A Page 25 of 84 4. Delivery of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for LANDSCAPE MAINTENANCE—SPORTS COMPLEX MSC#521 CITY OF HUNTINGTON BEACH- DO NOT OPEN WITH REGULAR MAIL DELIVER TO THE FINANCE DEPARTMENT, 2000 MAIN STREET, FIRST FLOOR Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the Finance Department 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.Prevailing Wage This contract requires the payment of prevailing wages. This contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations(DIR)as described in Labor Code Section 1771.4. All Bidders must be registered with the DIR per the provisions of Labor Code Section 1771.1(a). 8. Disqualification of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal per project,all such proposals will be rejected and the bidder will be disqualified. If there is reason for believing that collusion exists among any or all of the bidders, any or all of the proposals may, be rejected. Proposals in which the prices are obviously unbalanced may be rejected. Sports Complex Section B Page 2 EXHIBIT A Page 26 of 84 9. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the classification C27 in accordance with the provisions of Public Contract Code Section 10164. A copy of this license must be included with the bid proposal. 10.References All reference information called for in the bid proposal must be submitted with the bid proposal. Failure to provide reference information of history of similar work and experience with the bid proposal at the time of bid opening may lead to rejection of such proposal as non-responsive. 11.Listing of Subcontractors No subcontractors shall be used for any portion of this contract. 12. Discrepancies and Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions,requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. 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. 13. Equivalent Materials Requests for the use of equivalents to those specified must be submitted to the AGENCY ten(10) working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 14. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms,conditions,provisions and requirements set forth,contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. 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, Sports Complex Section B Page 3 EXHIBIT A Page 27 of 84 classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 15. Award of Contract The award of contract, if made, will be to the lowest responsive and responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity,and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 16. Term of Agreement The term of this agreement shall be five (5) years. The contract may be renewed by mutual agreement of both parties for two (2) additional one-year (1-year) term. The AGENCY does not have to give reason if it elects not to renew. If the AGENCY and contractor are unable to agree on a mutually acceptable renewal contract,the agreement shall be terminated. Contractor, in addition to the annual contract price, may request a cost of living increase, if any. This cost of living increase shall be based on the percentage of increase in the Los Angeles-Orange- Riverside All Urban Consumer Price Index(CPI)or any relevant successor for the Orange County area from March to March of the preceding twelve(12)months,not to exceed 3.5%. On or before January 30 following one full year of service, and on or before January 30 of each year thereafter during the term of this Agreement, Contractor may request in writing from the AGENCY a cost of living increase, if any, and the additional amount of money requested by the Contractor. Such increase shall be effective for the period of July 1 through the following June 30. If the additional amount of money requested is acceptable to the AGENCY,the AGENCY shall pay such additional compensation to Contractor commencing with the July billing period of the effective year. Contractor shall be entitled to only one (1) such cost of living adjustment per year as provided above; and this adjustment shall be full compensation to Contractor for all costs and expenses, of whatever type or nature and shall become the new annual contract price. 17. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed,the form,and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by AGENCY. 18.Execution of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided,and shall secure all insurance and bonds required by the Specifications 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 Sports Complex Section B Page 4 EXHIBIT A Page 28 of 84 bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised. 19. Submission of Insurance The successful bidder will be required to furnish the necessary insurance to the AGENCY within ten (10) working days from the award of contract. Prior to the execution of the Contract, the successful bidder's insurance company must furnish AGENCY with Certificates and Policy Endorsements naming the AGENCY as an additional insured using wording and form(s)specified in AGENCY'S Insurance Requirements document. 20. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY. Sports Complex section B Page 5 EXHIBIT A Page 29 of 84 GENERAL SPECIFICATIONS FOR SPORTS COMPLEX LANDSCAPE MAINTENANCE FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA 1. Work Schedule a. The Contractor shall deliver to the City a complete landscape maintenance weekly work schedule along with the size of work crew and equipment summary sheet, prior to start of the maintenance contract. b. The City retains the right to have certain work sites maintained on certain days. C. Contractor is expected to have the same maintenance work crew assigned to its work sites at all times on a continuous basis. d. Contractor at no time shall leave a work site to complete another site or project, without having completed the work assignment for that day. e. All scheduled weekly/bi-weekly tasks must be completed in one service visit. 2. Emergency Services The Contractor shall provide the City with the names and telephone numbers of at least two (2) qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present. Such work will be performed and is considered part of contract. The City shall call for such assistance only in the event of a genuine and substantial emergency. The Contractor shall provide emergency call out personnel, which will respond to the work site within one hour of call from City. Emergency services and call outs are part of this contract. Failure to respond to emergency call out resulting in the dispatch of city response.personnel will result in a $75.00 per hour call out fee with a two-hour minimum. 3. Working Time Limits All work specified shall be performed between the hours of 7:00 a.m. and 5:00 p.m., and between the days of Monday and Friday, or as directed by the Maintenance Operations Manager or designee. 4. 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. 5. Qualifications of Contractor In order to be eligible to enter into this contract with the City, the bidder shall: Sports Complex General Specifications Page I EXHIBIT A Page 30 of 84 a. Have been engaged successfully irnthe maintenance of automated/computerized irrigation systems, trees, shrubs, ground cover, turf areas and pest management services for a period of at least five (5) years at the time of the awarding of this contract. b. Agree to employ an English-speaking crewleader on a regular basis to supervise the work at the landscape sites. C. Be recognized by the City as well qualified to perform park and landscape maintenance on the basis of experience, expertise, equipment and financial stability. d. Contractor must have worked for a Public Agency on at least six (6) current landscape contracts for landscape maintenance; three (3) of which must be of relatively similar size, level of service and cost as this specific work or greater than this project. e. The following must be supplied by contractor: i. Contractor must have a valid California C-27 license. ii. Contractor or contractor's employee must be Certified Pest Control Operator as certified by the State of California and shall maintain the Certification during the term of this agreement. iii. Contractor must have on staff and maintain during the term of the contract, a State Certified Pest Control Advisor for written recommendations. iv. Contractor must have on staff and maintain during the term of this contract, an ISA Certified Arborist for written recommendations. V. Contractor must have radio or telephone communications between office and field personnel. vi. Contractor must have 24-hour answering service. vii. Contractor must have sufficient vehicles and equipment to maintain contract and meet City inspection. No employee's personal vehicle shall be used to maintain City Contract. viii. Employees must wear orange or similar fluorescent colored, high-contrast reflective shirts or vests for safety purposes, and uniforms identified with company name. ix. Contractor must obtain and keep current a City Business License. X. Contractor must have vehicles marked with name and telephone number of Company. Vehicles must be in good repair and painted a uniform color. When on duty in City, vehicle must display a sign with the message "Under Contract to City of Huntington Beach." Sports Complex General Specifications Page 2 EXHIBIT A Page 31 of 84 xi. Contractor must maintain insurance as required by City during term of contract. f. Contractor must provide the following organizational information: i. Organization Chart inclusive of executives and descending to on-site crewleader. ii. Brief description of company personnel and training procedures. iii. The Contractor shall provide a qualified, English speaking crewleader or supervisor to oversee the work force. A listing of guaranteed size of work force by job classification shall be provided to the City prior to beginning work. iv. The Contractor shall provide schedule of hourly rates for all job classifications to be used for determining cost of extras. 6. Public Safety Where public safety is affected, the Contractor shall make immediate equipment repairs or removals of landscape and irrigation material and shall report such repairs or removals within 24-hours to the Maintenance Operations Manager or designee. 7. Loss a. City-owned property whether real or personal, which is damaged or destroyed through vandalism or fire or which disappears through an unknown source and is repaired or replaced by the contractor after prior approval by the Maintenance Operations Manager or designee shall be part of contract. b. Where public safety is affected, the Contractor shall make immediate equipment repairs or removals and shall report such repairs or removals within 24- hours to the Maintenance Operations Manager or designee. 8. On-Site Storage The storage of tools, equipment or materials within the project area, public right-of-way or easements is prohibited. 9. Personal Attire and Equipment a. The Contractor shall require each of his employees to adhere to basic Public Works standards of working attire. This includes uniforms with company identifier, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times, buttoned and tucked in. Blue uniforms are not acceptable. b. Contractor shall display the name of his firm on any vehicles used by the Contractor's employees to carry personnel, supplies and equipment. The firm Sports Complex General Specifications Page 3 EXHIBIT A Page 32 of 84 name shall be in letters large enough to be easily legible from a distance of one- hundred (100) feet. C. All contractor trucks and other vehicles shall be uniform in color scheme and paint. All vehicles and equipment shall be in good condition and appearance. 10. 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 pesticides and other chemicals, Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with Maintenance Operations Manager or designee. Material use reports of all pesticides and chemicals shall be filed with the city no later than the 10th of every month of the preceding month. h. Application of Pesticides Sports Complex General Specifications Page 4 EXHIBIT A Page 33 of 84 i. Timing: Pesticides shall be applied at times, which limit the possibility of contamination from climatic or other factors and at the proper life cycle of the pests. Early morning application shall be used when possible to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas. 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 designee. vii. Certification of Materials: All materials shall be delivered on the site in original unopened containers. Materials shall be subject to inspection by the Maintenance Operations Manager or designee. 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 Sports Complex General Specifications Page 5 EXHIBIT A Page 34 of 84 licensed Pest Control Advisor is obtained. A recommendation consists of all the applicator should know for an accurate and safe usage. 1. The recommendation must be time and site specific. 2. Application of all pesticides shall be only by a properly State Licensed Pest Control Operator of a Certified Applicator of Pesticides. 3. There shall be no application of a pesticide without written permission of the Maintenance Operations Manager or designee. 4. In case a Restricted Use Pesticide is recommended, the City must be in receipt of use permit issued only by the County of Orange Agricultural Commissioner to the Contractor. 5. Contractor shall apply spray chemicals when air currents are still; preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project. 6. Contractor shall submit a schedule outlining date, location and work to be performed, four(4) days prior to the week of work. Said schedule shall be submitted to the Maintenance Operations Manager or designee. 11. Coordination Contractor shall coordinate work with the Maintenance Operations Manager or designee to prevent conflict with City programs and activities. The Maintenance Operations Manager or designee's office is located at 17371 Gothard Street, Huntington Beach. He may be reached by telephone at 714/536-5480. 12. Water Conservation a. Contractor shall, whenever possible, minimize the use of water during maintenance operations. Watering equipment shall be kept in good working order; water leaks shall be repaired promptly; and washing of equipment, except when necessary for the safety of and for the protection of equipment, shall be discouraged. In no case shall the Contractor use water to rinse or flush chemicals of any kind from equipment onto the work site and/or drainage or sewage systems. b. Contractor shall comply with City of Huntington Beach Storm Water and Urban Runoff Management Municipal Code Chapter 14.25 and with City of Huntington Beach Water Efficient Landscape Municipal Code Chapter 14.52 at all times. 13. Sound Control Requirements a. Contractor shall comply with all County sound control and noise level rules, regulations and ordinances and with City of Huntington Beach Noise Control Municipal Code Chapter 8.40, which apply to any work performed pursuant to the Contract, and shall make every effort to control any undue noise resulting from the operation. Sports Complex General Specifications Page 6 EXHIBIT A Page 35 of 84 b. Each internal combustion engine used for any purpose on the project or related to the project shall be equipped with a muffler or a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. Said noise level requirement shall apply to all equipment on the project or related to the project including but not limited to trucks, transit mixers, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel. 14. Inclement Weather a. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather. b. The Contractor shall re-stake and re-tie trees or other such activities as required as a result of inclement weather. The Contractor will stay available to assist in any storm related damage repair to sites in this contract. C. Contractor shall not work or perform any operations during inclement weather that may destroy or damage ground cover or turf areas. The Contractor shall contact the Maintenance Operations Manager or designee for the determination of non-operation conditions. d. The Contractor shall immediately notify the Maintenance Operations Manager or designee when the work force has been removed from the job site due to inclement weather or other reasons. 15. Contract Documents Contract documents shall consist of the specifications and exhibits, plans, insurance certificates, the contract and all submittals required. 16. 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. 17. Plans a. One set of reduced planting and irrigation plans for each park are provided as part of the contract documents for the Contractor's general reference. The Contractor shall be responsible for verifying in the field, areas, quantities and facilities for accuracy. Sports Complex General Specifications Page 7 EXHIBIT A Page 36 of 84 b. Full scale blue line prints of the irrigation and planting plans will be made available to the Contractor upon request, for a fee of$10.00 per set per park (prices subject to change). 18. Exhibits Exhibits consist of Exhibit A through J. 19. Air Pollution a. Contractor shall comply with all air pollution control rules, regulations, ordinances And statutes which apply to any work performed pursuant to the Contract and shall not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. b. Material to be disposed of shall not be burned. 20. Inspection of Work and Deficiency Notice a. The City and Contractor's representative shall make weekly inspections of all areas included in the contract. The results of each inspection shall be recorded and retained for reference using a Weekly Inspection Sheet. Thirty-two (32) hours shall be allotted monthly for inspection and contract supervision. The Contractor shall compensate the City for all time required for inspection and supervision in excess of the above specified time, providing that: I. The excess time is, in the opinion of the City, required due to an inadequate level of maintenance; ii. The Contractor has been informed of the deficiencies upon completion of weekly inspection; iii. The Contractor has failed to correct said deficiencies within seventy-two (72) hours after notifications period. Compensation shall be charged at a rate including actual time, mileage and fringe benefit costs incurred by the City. iv. If specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold payment from the Contractor in an amount specified in the Agreement until services are rendered in accordance with specifications set forth within this document and provided no other arrangements have been made between the Contractor and the City. b. Notices and penalties for non-performance are set forth as follows: I. Deficiency Notice: The Contractor is required to correct deficiencies within the time specified by the City of Huntington Beach. If the deficiency is not corrected within the time specified by the City, City forces will be called out to complete the work. Such work shall be done on a force account basis with an additional call out charge of$75.00 per hour for each call-out. Call-out of City forces during off-hours, resulting from improper programming of sprinkler Sports Complex General Specifications Page 8 EXHIBIT A Page 37 of 84 controllers, will be charged to the Contractor at time and a half. It also should be noted that there is a minimum two-hour charge for labor on any call-out. ii. Withholding of Payment: Provided work under the Deficiency Notice has not been completed; payment for subject deficiency shall be withheld until deficiency is corrected, without right to retroactive payments. iii. The Contractor's representative shall contact the City on a regular basis for notification of special maintenance item(s) requiring correction. iv. The Contractor shall provide a Crewleader and maintenance crew at park and landscape sites weekly during normal working hours as determined by the City. I.SPECIAL PROVISIONS TRAFFIC AND DETOURS 1. Protection and Restoration of Existing Improvements a. The Contractor shall relocate, repair, replace or re-establish all existing improvements within the project limits which are not designated for removal (e.g., curbs,.gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements and structures)which are damaged or removed as a result of his operations. b. Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. C. Relocations, repairs, replacements or re-establishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. d. All cost to the Contractor for protecting, removing, restoring, repairing, replacing, or re-establishing existing improvements shall be included in the bid in other items of work unless otherwise specified. Z Public Conveniences and Safety(Traffic and Access) a. All traffic control shall be in accordance with the latest editions of the following documentation: Caltrans Manual on Uniform Traffic Control Devices (MUTCD); Sign Specifications, Standard Plans, Standard Specifications; American Public Works Association Southern California Chapter—Work Area Traffic Control Handbook. b. The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the work area. He shall also post proper signs to notify the public regarding detours and conditions of the roadway. Sports Complex General Specifications Page 9 EXHIBIT A Page 38 of 84 C. The Contractor shall provide to the Maintenance Operations Manager or designee a telephone number at which the Contractor's representatives can be reached, at any hour, should an emergency occur requiring replacement or relocation of the required traffic control devices. d. Prior to the start of any construction, the Contractor shall inform the AGENCY's Police and Fire departments of the project location, approximate start date, completion date, and the name and telephone number of Contractor representatives who may be contacted at any hour in the event of an emergency. i. POLICE DEPARTMENT: Watch Commander @ 714/960-8809 ii. FIRE DEPARTMENT: Battalion Chief/Development @ 714/536-5411 e. Information signs shall be required on all arterial streets one week prior to beginning of roadway construction projects. f. The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. g. Contractor shall require that all personnel who are working the project site wear an approved safety vest. Any worker without a vest may be ordered off the job until such apparel is acquired. Questions as to approved vests shall be directed to the Maintenance Operations Manager or designee. . h. Prior to the beginning of work, the Contractor shall execute the construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the work involved with a minimum of inconvenience to the motoring public. Removing the existing striping shall delineate any relocation of travel lanes longer than three calendar days and legends by wet sandblasting and placing new striping and legends as required. Upon completion of the work and the restoration of the road surface to its final condition, the Contractor shall remove temporary striping by wet sand blasting. i. 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. 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 State of California Department of Transportation "Instructions to Flagmen". k. All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY Yard or disposed of as directed by the AGENCY. Sports Complex General Specifications Page 10 EXHIBIT A Page 39 of 84 3. Warning Signs Adequate warning signs for motorists shall be placed and maintained throughout all applicable phases of the work including speed limit reduction, loose gravel, fresh oil, and open trench. Signs shall be 36" X 36" in size; shall be on site ready for placement prior to start of the applicable phase of work and shall be placed in advance on all streets approaching the work zone. 4. Street Closures, Detours, Barricades a. Street closures will not be allowed except as specifically permitted by the Maintenance Operations Manager or designee. b. Construction Traffic Control Plans shall be prepared in accordance with the AGENCY's latest Traffic Control Plan Preparation Guidelines and shall be reviewed and approved by the Engineer. The Contractor shall submit the plans to the Maintenance Operations Manager or designee for approval or correction at least 10 working days before approved plans will be required for commencing the work. C. Approval of the plans by the Maintenance Operations Manager or designee shall not relieve the Contractor from the responsibility for errors or omissions in the plans or from deviations from the Contract Documents. The Contractor shall be responsible for the correctness of the plans and for the results obtained by the use of such plans. 5. Protection of the Public a. It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service or from the failure of partly completed work or partially completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. b. Whenever, in the opinion of the Maintenance Operations Manager or designate, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures of property, which may be damaged by the Contractor's operations and when, in the opinion of the Maintenance Operations Manager or designate, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Maintenance Operations Manager or designate will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation, the Maintenance Operations Manager or designate may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary. Sports Complex General Specifications Page 1 l EXHIBIT A Page 40 of 84 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. ILTURF MAINTENANCE 1. Mowing and Edging a. Turf areas shall be mowed, edged or trimmed weekly. Turf areas consisting of cool season grasses shall be mowed before reaching four(4) inches in height and shall be mowed no lower than two (2) inches in height. Turf shall be mowed once per week or as directed by the Maintenance Operations Manager or designee. b. Turf areas consisting of warm season grasses shall be mowed with a reel mower. During dormancy seasons the warm season grasses shall be mowed as needed to keep grass at 1/2"to 3/4" in height. During the growing season the warm season grasses shall be mowed to keep the grass at 3/4" in height. The City may request the Contractor to vary mowing heights for special events and conditions as directed by the Maintenance Operations Manager or designee. C. The Contractor shall submit a mowing schedule of days and times for each designated park and landscape site. The Contractor shall maintain the schedule as closely as possible unless a change is authorized or directed,by the Maintenance Operations Manager or designee. d. Turf clippings and debris shall be lifted the same day of each mowing, trimming or edging operation and shall be removed from each park and landscape site. e. Turf shall be trimmed to the edge of sidewalks, curbs, mow-strips, retaining walls, posts, valve boxes, controllers, light standards and any paved surface. Turf shall be kept trimmed or sprayed with a contact herbicide for a sufficient distance from sprinkler heads to ensure proper sprinkler coverage and for a distance of eighteen (18) inches from all tree trunks. Contractor shall exercise care not to spray tree trunks with any chemicals or injure the tree trunk with any chemicals or injure the tree trunks with mechanical equipment. Sports Complex General Specifications Page 12 EXHIBIT A Page 41 of 84 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. 4 3. Fertilization a. Prior to fertilizer applications, notification shall be made as required in Part II, Section 23, of these specifications. A city representative shall verify the fertilizer quantity at the park site at the time of each application. Empty bags may be required for verification of quantities. b. All turf grasses shall be fertilized as follows: All turf shall receive three (3) pounds per 1,000 square feet of Calcium Nitrate per application March and late October. In May, July and September all turf shall receive one (1) pounds of complete fertilizer 16-6-8 per 1,000 square feet per application. Application subject to change per Maintenance Operations Manager or designee recommendation. C. The fertilizer applications shall be applied immediately after the aerification operation. This is subject to change per Maintenance Operations Manager or designee recommendation 4. Insect, Disease and Pest Control Contractor shall provide complete insect, disease and pest control as necessary or as directed by the Maintenance Operations Manager or designee. Contractor shall obtain the Maintenance Operations Manager or designee approval forty-eight (48) hours prior to the use of any chemical, mechanical or any other mechanical or any other method control. 5. Weed Control All vegetation shall be sprayed and removed for a distance of eighteen to thirty-six (18- 36) inches from tree trunks to form tree wells. Any additional weed control in turf areas shall be as needed or as directed by the Maintenance Operations Manager or designee. Weed control required and approved within turf areas by the Maintenance Operations Manager or designee is considered as part of contract. 6. Soil Aerification Turf aerification shall be accomplished just prior to each fertilizer application. The entire turf area shall be aerated with a self-propelled machine that removed cores of soil 3/4" in diameter by four(4) to six (6) inches long, spaced on more than six (6) inches before Sports Complex General Specifications Page 13 EXHIBIT A Page 42 of 84 aerifying. Aerification shall be done per annual schedule. This is subject to change per Maintenance Operations Manager or designee recommendation. 7. Thatch Removal Thatch shall be removed with a vertical mower, or approved equal, once a year in early October from all turf areas as directed by the Maintenance Operations Manager or designee. Care shall be taken to avoid unnecessary or excessive injury to the turf grass stand. Sweep or rake the dislodged thatch from the turf areas and remove from each park and landscape site. After the thatch is removed, turf shall be aerified, fertilized and watered. 8. Insect, Disease and Pest Control Contractor shall provide complete insect, disease and pest control as necessary or as directed by the Maintenance Operations Manager or designee. Contractor shall obtain the Maintenance Operations Manager or designee approval forty-eight (48) hours prior to the use of any chemical, mechanical or any other mechanical or any other method control. 9. Weed Control All vegetation shall be sprayed and removed for a distance of eighteen to thirty-six (18- 36) 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-sad all turf lost due to Contractor's incorrect maintenance or negligence, as determined by the Maintenance Operations Manager or designee. III. SHRUB AND GROUND COVER MAINTENANCE 1. Pruning and Trimming a. Ground cover shall be kept trimmed to the edge of sidewalks, light fixtures, driveways, mow-strips, retaining walls and buildings. Ground cover shall be kept one (1)foot from fences, property lines, trees and shrubs. In no case shall ground cover be allowed to climb walls, fences, light fixtures, buildings, shrubs and trees. b. Shrubs shall be selectively pruned to a distance of (1)foot from fences, buildings, driveways, sidewalks, trees, retaining walls and sprinkler heads. In no case shall hedging or shearing be allowed prior to approval of the Maintenance Operations Manager or designate. The Contractor shall prune where necessary to maintain safe vehicular and pedestrian visibility as directed by the Maintenance Operations Manager or designee. 2. Watering See Part II, Section 2. Sports Complex General Specifications Page 14 EXHIBIT A Page 43 of 84 3. Ferti►izing 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 ll, Section 4. 5. Weed Control The Contractor shall maintain a pre-emergence and post-emergence program for the entire duration of the contract. Ground cover and shrub areas shall be weeded before any weeds reach four(4) inches in height. Pre-emergent herbicide shall be applied in early March and again in early September according to the manufacturer's recommendation each year in all ground cover areas. Post-emergent herbicide shall be applied as needed; as directed and the type approved by the Maintenance Operations Manager or designee depending upon the type of ground cover involved. Serious pest weeds, such as Bermuda grass and Bindweed shall be spot treated with a portable sprayer or wick wand as needed with a selective 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, blackberry, passion vine, castor bean, poison hemlock and spiderwort shall be treated a minimum of once per month until complete control is achieved as specified above and as directed by the Maintenance Operations Manager or designee. IV. TREE MAINTENANCE 1. Pruning and Trimming All trees, regardless of overall height, shall be maintained by shaping, thinning out and trimming up to a maximum of twenty-five (25')from surface level. 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. All tree work shall follow all International Society of Arboriculture standards. Work shall be done on an as-needed basis at the discretion of the Maintenance Operations Manager or designee. At the Maintenance Operations Manager, Landscape Maintenance Supervisor or Landscape Maintenance Leadworker's direction, the contractor shall trim and remove all vegetation in the City-owned landscape area, regardless of the vegetation's point of origin, including but not limited to vegetation growing into or onto the City-owned landscape area from adjacent private property. Sports Complex General Specifications Page 15 EXHIBIT A Page 44 of 84 2. Watering See Part II, Section 2. 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. Stakes and ties shall be checked periodically to prevent girdling and/or restriction of growth. V. WOOD CHIP MULCH AREA MAINTENANCE Wood chip areas shall be kept evenly spread at a uniform four(4)to six (6) inch depth. Contractor shall remove weeds and debris as required herein. a. Replenishment Once per year the contractor will furnish wood chips to the work sites for replenishment. The Contractor shall spread the wood chips evenly over the entire wood chip mulch areas to a uniform depth. The contractor shall remove vegetation, branches, logs, paper and other debris from the wood chips and dispose of any objectionable material off the work site. No ash, palm, or pepper wood chips are to be used on city sites. b. Weed Control i. Weeds shall be either pulled or sprayed and removed from non-vegetative areas before reaching four(4) inches in height. ii. Serious pest weeds shall be treated as specified in Part III, Section 5, of these specifications. No sterilants of any kind are to be used in these areas. VI. 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 Sports Complex General Specifications Page 16 EXHIBIT A Page 45 of 84 designee; rototilled six (6) times per year, to a depth of 12 inches. Dates to be agreed upon by Contractor and City Maintenance Operations Manager or designee. Contractor ' enance Operations ations when required. The Cit s Maintenance p shall provide additional play sand wh q Y Manager or designee will determine the screen size/type and quantities. New play sand shall be placed and graded in a uniform manner, at a consistent level. All sand play areas shall maintain a sand depth of 18 inches or more. Weeds shall be removed by physical means as needed except serious pest weeds shall be treated as specified in Part III, Section 5, of these specifications. No herbicide use permitted. VII. PLAY EQUIPMENT, PARK FURNITURE,ACCESSORIES AND FACILITIES MAINTENANCE Contractor shall report any major deficiency or the need of replacement of play equipment, park furniture and accessories and facilities included but not limited to walks, play courts, benches, restrooms, picnic tables, fountains, play apparatus and trash receptacles to the Maintenance Operations Manager or designee. The Maintenance Operations Manager or designee will then determine the extent of the removal or replacement, if any. Where public safety is affected, the Contractor shall report to the Maintenance Operations Manager or designee immediately by phone at 714/536-5480 or reporting to Park, Tree and Landscape Maintenance Facility at 17581 Gothard Street, Huntington Beach, CA. 92647. VIII. IRRIGATION SYSTEMS MAINTENANCE The controlling factor in the performance of water management within the City landscape maintenance areas is the application of water to landscape plants at a rate which closely matches the actual demands of plant material and little or no runoff. Roadway safety and maintenance is the first and foremost reason why water must be strictly controlled with the City. Other important water management considerations include safe and dry right-of-ways for community use, water costs, plant health and compliance with applicable City water-usage ordinances. 1. Watering a. Where an automatic or manual irrigation system is provided for the contractor's use to maintain optimum soil moisture content to ensure healthy vigorous growth but shall not be intended as the only means of irrigation. Should there be an interruption of electrical power or malfunctioning of the controller or control valves for more than two (2) consecutive days, the Contractor shall be required to water by other means if necessary to prevent deterioration of the areas involved. The Contractor shall be responsible for providing control and monitoring irrigation operations to provide sufficient water for optimum growth with a minimum of water run-off. Unnecessary flooding of excessive watering shall be corrected as quickly as possible. b. Manual irrigation by means of water truck shall be provided at all locations where no irrigation system exists. Sports Complex General Specifications Page 17 EXHIBIT A Page 46 of 84 i C. Irrigation/Operation and Maintenance All landscaped areas shall be irrigated as required to maintain adequate growth and appearance. Irrigation shall be accomplished in accordance with these specifications/guidelines and the following time frames: Manual Irrigation 9:00 AM — 3:00 PM Slopes 10:00 PM — 5:00 AM Public Works Facilities 10:00 PM — 5:00 AM All Work Sites 10:00 PM -- 5:00 AM 2. Operation/Repair a. The entire irrigation system to include all components from connection at back side of water meter shall be maintained in an operational state at all times and the expense included as part of this Contract. This coverage shall include but not be limited to the following: all controllers, backflows and remote control valves, gate valves and sprinkler heads, etc. b. All irrigation systems shall be tested and inspected and a written report submitted to the City when requested. i C. All systems shall be adjusted in order to: i. Provide adequate coverage of all landscape areas. ii. Prevent excessive runoff and/or erosion. iii. Prevent watering roadways, walkways or private property. iv. Match precipitation rates. v. Limit hazardous conditions. vi. Maintain optimum soil moisture content to ensure healthy vigorous growth. d. All irrigation systems shall be tested and inspected as necessary when damage is suspected or observed, or reported daily if necessary. e. Repair malfunctioning controllers, backflows, quick couplers, flow meters, moisture sensors, manual or automatic valves and sprinkler heads within twenty- four(24) hours of receipt of verbal or written notice. f. If repairs require removal of concrete, hardscape, landscape pavers or turf, the contractor shall remove and replace with like materials. g. Correct deficient irrigation systems and equipment as necessary following verbal notification from the Maintenance Operations Manager or designee. Sports Complex General Specifications Page 18 I EXHIBIT A Page 47 of 84 h. The Contractor shall turn off or adjust to low volume exercise irrigation system immediately as directed during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticultural maintenance practices. i. Once the Maintenance Operations Manager or designee acknowledges the necessity to turn on the water once again, all controllers shall be activated within twenty-four(24) hours. j. Backflow Maintenance, Testing and Certification on a Yearly Basis shall be included in the Contract Price. k. The County of Orange and the City of Huntington Beach Water Purveyors shall approve Backflow certification. I. Battery operated controllers will be kept in continuous operating condition by replacing batteries when necessary at Contractor's expense. m. Contractor will maintain, in continuous optimum operating condition solar powered controllers at all sites at which such units are installed. n. 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. o. Adjustment, damage and repairs shall be divided into the following categories and actions: i. All sprinkler heads shall be adjusted or replaced to maintain proper coverage. Adjustment shall include, but not be limited to, actual adjustments to heads, cleaning and flushing heads and lines, and removal of obstructions. Costs for adjustment or replacements shall be included in costs for operation and maintenance of the irrigation system. ii. All damage resulting from Contractor's operations shall be repaired or replaced prior to the end of the workday at the Contractor's expense. iii. Repairs to the irrigation system shall be completed within 24 hours after notification to the Maintenance Operations Manager or designate on major component damage such as broken irrigation lines, defective or broken valves and within 24 hours after approval by the Maintenance Operations Manager or designate on repairs to sprinkler heads and other minor items. iv. All replacements shall be in strict accordance with City of Huntington Beach equipment and installation standard plans, no substitutions will be permitted. v. Turf, shrubs, trees and ground cover shall be regularly mechanically trimmed around sprinkler heads to insure proper operations and coverage of the system. Turf shall not be cut in a way that creates a tripping hazard around sprinkler heads. Sports Complex General Specifications Page 19 EXHIBIT A Page 48 of 84 3. Personnel a. The Contractor shall provide personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustments, and repair, in all types of components to include irrigation controllers, valves, sprinkler heads, and with all brands and models of irrigation equipment used within the city. b. The Contractor shall provide personnel knowledgeable of, and proficient in current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies. C. The Contractor shall provide personnel capable of verbal and written communication in the English language. 4. Materials a. All replacement materials are to be with original types and model materials, unless the Maintenance Operations Manager or designee approves a substitute. b. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems. C. Contractor shall implement repairs in accordance with all effective warranties 5. Water Management a. Contractor will keep system operating at manufacturer's recommended operating pressure. The valves should be throttled so as to prevent sprinkler heads from fogging, allowing droplets for effective watering. The Maintenance Operations Manager or designate may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. b. The contractor will be responsible for setting and monitoring the irrigation controllers and will not manually activate automatic valves unless associated with system repairs. C. All systems shall be programmed weekly and/or as needed to maintain healthy plant materials and landscape. i. All program changes shall be recorded on the Irrigation Program Log. ii. Controller program is to be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with irrigation schedules provided by the City in Section Vlll. IX. CLEAN UP 1. After Contractor has completed all operations as specified in these specifications, he shall remove and dispose of all clippings, cuttings, leaves, paper, trash, trimmings, weeds and other debris existing or due to these operations from all,relevant sites, at the Sports Complex General Specifications Page 20 EXHIBIT A Page 49 of 84 end of each day's work. Trash removal and disposal shall be included in the contract price, Trash receptacles shall be emptied twice per week, or as agreed upon by the Maintenance Operations Manager or designee. Trash removal and disposal shall also include a ten-foot perimeter around all trash cans. Contractor shall vacuum clean all court game pavement areas, driveways, gutters, parking lot areas and other areas adjacent to work locations, per work schedule. 2. The use of water is prohibited for cleaning purposes unless no other means of effective cleaning or unless otherwise specified. Contractor shall be responsible for the periodic inspection and cleaning of all catch basins, drain lines and curb drains within a park site. Any damages resulting from the Contractor's negligence of these inspections and/or lack of corrective measures shall be the Contractor's sole responsibility. Expansion joints or cracks in pavement areas shall be spot treated with a combination of non-selective contact herbicide as needed for weed control. 3. Fountains The following treatments shall be included. Treatment of water with algaecides, filter cleaning, pool sweeping, water line scrubbing, debris removal, light bulb replacement as needed. Pump or pool repairs when needed along with pool repainting. Since the water fountains run continuously it is imperative that Contractor monitor the algaecide tablets at all times. If soap is deposited in fountains, Contractor shall drain and clean it or add a state-approved defoamer. 4. Performance Requirements for Hardscapes During each site visit concrete and asphalt areas, including driveways, parking areas, sidewalks, curb and gutters, expansion joints and walls adjacent to city landscape shall be kept clear of dirt, mud, trash, weeds and any other substances which are either unsightly or unsafe. X. PROTECTION OF SPORTS FIELDS The City shall be responsible for maintaining brick dust areas each softball/baseball field. The contractor shall perform mowing, trash removal and watering operations in a manner as not to inhibit the grooming of infields or disturb infields that have already been groomed. XI. EXHIBITS A. Sample Contract B. Insurance Requirements C. Map D. Weekly Inspection Sheet E. Deficiency Notice F. Integrated Pest Management Policy G. Equipment Requirements H. Annual Service Schedule I. Sports Turf Management Guide Sports Complex General Specifications Page 21 EXHIBIT A Page 50 of 84 EXHIBIT A SAMPLE CONTRACT CITY OF HUNTINGTON BEACH Phone: 714-374-5378 Fax: 714-536-5212 Insurance Requirements vary for different applicants.Please see the below listed applicant types followed by the insurance requirements. City of Huntington Beach Resolution 2008-63 requires that contractors,permittees,licensees/lessees and vendors have an approved Certificate of Insurance on file with the City of Huntington Beach for the issuance of any permit or city contract. The insurance certificate must be approved by the City Attorney's Office as to meeting all of the city's insurance requirements. An original certificate is required or a PDF version attached to an email may be forwarded. If the insurance certificate is faxed,it must come directly from the insurance provider to the City of Huntington Beach.All insurance must be from a California admitted carrier with a current A.M. Best's Rating of no less than A:VII 1.CONTRACTORS—Any persons or entities or Contract with the City and/or provide service to the City which are readily available and efficiently procured by competitive bidding. Requirements: General Liability, Workers'Compensation,Auto Liability,Additional Insured Endorsements 2.DESIGN PROFESSIONALS-Professional Service contractors who contract with the City and/or provide architectural and/or engineering services to the City. Requirements:Errors and Emissions(Professional Liability)$1,000,000 coverage 3.LICENSEES/LESSEES—any person or entities who make contract with the city for the use of public property. Requirements:General Liability, Workers'Compensation,Property Insurance(full replacement costs with no coinsurance penalty provision),Additional Insured Endorsement 4.PERMITEES—any persons or entities who make application to the City for any use of encroachment upon any street,waterway,pier,or City property. Requirements:General Liability, Workers'Compensation,Auto Liability,Additional insured Endorsements 5.PROFESSIONAL SERVICES—means those services,which involve the exercise of professional discretion and independent judgment on an advanced or specialized knowledge,expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to Huntington Beach Municipal Code Section 3.02.Such Services shall include but not be limited to those services provided by appraisers,architects,attorneys,engineers,instructors,insurance advisors,physicians and other specialized consultants. Requirements:Errors and Emissions(Professional Liability)$1,000,000 coverage Private Property Work Permit Requirements—If the planned work does not involve public property or its right-of-way(e.g.sidewalk/street),the Workers'Compensation Certificate is the only insurance requirement. However,if the work site is adjacent or attached to public property,the City Attorney's Office must be informed for consideration of liability and decides whether or not to approve the certificate with a specific"Private Property Only"approval stamp. EXHIBIT B Insurance Requirements Page 1 Y General Liability(G/L)—The general liability requirement is for$1,000,000 with"per occurrence"type claims coverage and a separate"Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers"as additional insured on the endorsement. (see below for Additional Insured requirements) Y Additional Insured Endorsement Requirements—The City,its officers,elected or appointed officials,employees,agents and volunteers are to be specifically named and covered as additional insureds by separate attached endorsement(s)as respects liability arising out of action performed by or on behalf of the contractor,products and completed operations of the contractor,premises owned,occupied or used by the contractor,or automobiles owned,leased or borrowed by the contractor.The coverage shall contain no special limitations on the scope of protection afforded to the City,its agents,officers and employees. The endorsement should include the policy number it correlates to. Y Primary Insurance—General Liability Insurance coverage shall be primary insurance as respects the City,its agents,officers,and employees.Any insurance or self-insurance maintained by the City,its agents,officers,and employees shall be excess of the submitted insurance and shall not contribute with it. Y Description of work—The staff contact and purpose of the evidence of coverage must be identified on the certificate of insurance. Y Automotive Insurance—Automobile insurance requirement is for$1,000,000 and a separate "Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. Permittees who do not use vehicles or equipment in connection with the permit can request to waive the Auto insurance requirement. Y Worker's Compensation Insurance(W/C)—The Worker's Compensation insurance requirement is the State statutory limits of$250,000 bodily injury by disease,policy limit,and $100,000 bodily infury each employee for accident or disease per occurrence. Certificate holder listed on the certificate is: City of Huntington Beach,2000 Main St.,Huntington Beach,CA 92648. If your organization/company has no compensated employees working on the project,you may complete and return a"Non-Employer Status"form to be used in lieu of a W/C insurance certificate. Y Cancellation Clause Notice—The cancellation clause must contain a thirty(30)day notice. A ten (10)day notice for non-payment of premium is acceptable in combination with 30 day notice. Y Professional Liability—Coverage must be provided at a minimum of$1,000,000 per occurrence and in the aggregate. Y Deductibles—The following deductibles are acceptable and all others must be removed from the insurance policy or a waiver can be requested(No allowances for SIR) o General Liability-$5,000 o Auto Liability -$1,000 o Professional Liability/Errors&Emissions-$10,000 Y Waiver Procedure—If unable to comply with a requirement,the"INSURED"may request a waiver of a specific requirement. The Insurance Waiver form is an internal form that the City of Huntington Beach will complete.(see following page for waiver form) The exception to the waiver is the GIL&Auto "Additional Insured Endorsement"page. 0 EXHIBIT B Insurance Requirements Page 2 EXHIBIT A Page 53 of 84 EXHIBIT C SPORTS COMPLEX LOCATION MAP 00 00"1 4 4 EXHIBIT C Sports Complex Map Page I EXHIBIT A Page 54 of 84 Weekly Inspection Sheet Location: Date: Inspected By: Hazardous Condition Present: ❑Yes ❑ No Good Fair Needs Improvement Overall Condition ❑ ❑ ❑ Turf Mowing ❑ ❑ ❑ Edging ❑ ❑ ❑ Weeds ❑ ❑ ❑ Litter Removal ❑ ❑ ❑ Clipping Removal ❑ ❑ ❑ Aerate& Fertilize ❑ ❑ ❑ Walkways ❑ ❑ ❑ Play Equipment ❑ ❑ ❑ Playground Sand Pits ❑ ❑ ❑ Chemical Edging ❑ ❑ ❑ Rodent Control ❑ ❑ ❑ Trees Trimming ❑ ❑ ❑ Staking ❑ ❑ ❑ Wood Chipping ❑ ❑ ❑ Planters Trimming ❑ ❑ ❑ Weeding ❑ ❑ ❑ Wood Chipping ❑ ❑ ❑ Irrigation Controller Adjustments ❑ ❑ ❑ Parts Replacements ❑ ❑ ❑ Picnic Shelters ❑ ❑ ❑ Restrooms ❑ ❑ ❑ Facilities ❑ ❑ ❑ Vertical Mowing ❑ ❑ ❑Corrections and/or Comments Needed(if any): EXHIBIT D Sports Complex Weekly Inspection Sheet Page I EXHIBIT A Page 55 of 84 PERFORMANCE DEFICIENCY NOTIFICATION NOTIFICATION PROVIDED TO: DATE: TIME: LOCATION: VALUE OF DEDUCTION: $ The following Performance Deficiencies have been identified Fanduire immediate corrective action. All deficiencies shall be penalized at a rate of$250 per occurrence unless otherwise noted. 1. Failure to protect Public Health and/or correct immediate safety hazards. ❑ 2. Failure to respond to a page/call for service within 15 minutes during work hours. ❑ 3. Failure to respond to a page/call for service within 15 minutes after work hours. ❑ 4. Failure to respond in the field within 60 minutes to an after work hours emergency. ❑ 5. Failure to comply with City-defined manpower requirements. ❑ 6. Failure to provide adequate equipment. ❑ 7. Failure to comply with Water Quality Control Board—non-storm water discharges. ❑ 8. Failure to comply with current City,State,Federal Watering Restrictions. ❑ 9. Failure to apply chemicals,edge,mow,pick up debris,prune,rototill in an approved and ❑ professional manner. 10. Failure to adhere to City-defined dress code. ❑ 11. Failure to adhere to any and all maintenance specifications. ❑ Comments: Please initiate necessary corrective actions and notify Maintenance Operations Manager and Landscape Maintenance Supervisor when completed for follow up inspection. Maintenance Operations Manager Landscape Maintenance Supervisor Representative For Contractor EXHIBIT E Sports Complex Deficiency Notice Page 1 EXHIBIT A Page 56 of 84 Integrated Pest Management Program PURPOSE: To establish criteria for an Integrated Pest Management(IPM)Program. Components of an IPM Program An IPM program is a long-term multi-faceted system to manage pests. Use of pesticides is a short-term solution to pest problems and should be used only when the other components fail to maintain the pests or their damage below an acceptable level. Successful IPM practitioners are knowledgeable about the biology of the plants and pests and successful IPM programs primarily use combinations of cultural practices as well as a combination of physical, mechanical and biological controls. Pest Identification It is important to learn to identify all stages of common pests at each site. For example, if you can identify weed seedlings,you can control them before they become larger and more difficult to control and before they flower, disseminating seeds throughout the site. It is also important to be sure that a pest is actually causing the problem. Often damage such as wilting is attributed to root disease but may actually be caused by under watering or wind damage. Prevention Good pest prevention practices are critical to any IPM program, and can be very effective in reducing pest incidence. Numerous practices can be used to prevent pest incidence and reduce pest population buildup such as the use of resistant varieties, good sanitary practices and proper plant culture. Examples of prevention include choosing an appropriate location for planting, making sure the root system is able to grow adequately and selecting plants that are compatible with the site's environment. Monitoring The basis of IPM is the development and use of a regular monitoring or scouting program. Monitoring involves examining plants and surrounding areas for pests, examining tools such as sticky traps for insect pests and quantitatively or qualitatively measuring the pest population size or injury. This information can be used to determine if pest populations are increasing, decreasing, or staying the same and to determine when to use a control tactic. Weather and other environmental conditions may also play a factor in whether a pest outbreak may occur so it is important to monitor temperature and soil moisture as well. It is important to use a systematic approach when monitoring, for example you should examine leaves of a similar age each time you check for pests, rather than looking at the older leaves on EXHIBIT F Sports Complex Integrated Pest Management Policy Page I EXHIBIT A Page 57 of 84 some plants and younger ones on others. Randomly looking at a plant and its leaves does not allow you to track changes in pest population or damage over time. It is important to establish and maintain a record-keeping system to evaluate and improve your IPM program. Records should include information such as date of examination,pests found, size and extent of the infestation, location of the infestation, control options utilized,effectiveness of the control options, labor and material costs. Injury Levels and Action Thresholds In order to have a way to determine when a control measure should be taken, injury levels and action thresholds must be set for each pest. An injury level is the level of unacceptable damage. For example,the injury level for a leaf-feeding beetle may be set at 30% of the leaves being damaged. Action thresholds are the set of conditions required to trigger a control action. An example of this would be finding an average of 5 or more beetles on 10 shrubs in a location. Action thresholds are set from previous experience or published recommendations and based on expected injury levels. Injury levels are often set by the public's comments. Pest Control Tactics Integrated pest management programs use a variety of pest control tactics in a compatible manner that minimizes adverse effects to the environment. A combination of several control tactics is usually more effective in minimizing pest damage than any single control method. The type of control that an agency selects will likely vary on a case-by-case basis due to the varying site conditions. The primary pest control tactics to choose from include: • Cultural • Mechanical/Physical • Biological • Pesticide Cultural Controls Cultural controls are modifications of normal plant care activities that reduce or prevent pests. In addition to those methods used in the pest preventions, other cultural control methods include adjusting the frequency and amount of irrigation, fertilization, and mowing height. For example, spider mite infestations are worse on water-stressed plants,over-fertilization may cause succulent growth which then encourages aphids,too low of a mowing height may thin turf and allow weeds to become established. EXHIBIT F Sports Complex Integrated Pest Management Policy Page 2 EXHIBIT A Page 58 of 84 Mechanical/Physical Controls Mechanical control tactics involve the use of manual labor and machinery to reduce or eliminate pest problems using methods such as handpicking,physical barriers, or machinery to reduce pest abundance indirectly. Examples include hand-pulling or hoeing and applying mulch to control weeds, using trap boards for snails and slugs, and use of traps for gophers. The use of physical manipulations that indirectly control or prevent pests by altering temperature, light, and humidity can be effective in controlling pests. Although in outdoor situations these tactics are difficult to use for most pests,they can be effective in controlling birds and mammals if their habitat can be modified such that they do not choose to live or roost in the area. Examples include removing garbage in a timely manner and using netting or wire to prevent bird from roosting. Biological Controls Biological control practices use living organisms to reduce pest populations. These organisms are often also referred to as beneficials,natural enemies or biocontrols. They act to keep pest populations low enough to prevent significant economic damage. Biocontrols include pathogens,parasites,predators,competitive species, and antagonistic organisms. Beneficial organisms can occur naturally or can be purchased and released. The most common organisms used for biological control in landscapes are predators,parasites, pathogens and herbivores. • Predators are organisms that eat their prey(e.g. Ladybugs).. • Parasites spend part or all of their life cycle associated with their host. Common parasites lay their eggs in or on their host and then the eggs hatch;the larvae feed on the host,killing it(e.g. tiny stingless wasps for aphids and whiteflies). • Pathogens are microscopic organisms, such as bacteria,viruses, and fungi that cause diseases in pest insects, mites,nematodes, or weeds(e.g. Bacillus thuringiensis or BT). • Herbivores are insects or animals that feed on plants. These are effective for weed control. Biocontrols for weeds eat seeds,leaves, or tunnel into plant stems(e.g. goats and some seed and stem borers). EXHIBIT F Sports Complex Integrated Pest Management Policy Page 3 EXHIBIT A Page 59 of 84 In order to conserve naturally occurring beneficials,broad-spectrum pesticides should not be used since the use of these types of pesticides may result in secondary pest outbreak due to the mortality of natural enemies that may be keeping other pests under control. Pesticide Controls Any substance used for defoliating plants,regulating plant growth or preventing, destroying, repelling or mitigating any pest, is a pesticide. Insecticides,miicides, herbicides, fungicides, rodenticides and molluscides are all pesticides. Anything with an EPA or DPR registration number on the label is a non-exempt pesticide. Pesticides should only be used when other methods fail to provide adequate control of pests and just before pest populations cause unacceptable damage. The overuse of pesticides can cause beneficial organisms to be killed and pest resistance to develop. When pesticides must be used, considerations should be made for how to use them most successfully. Avoid pesticides that are broad-spectrum and relatively persistent since these are the ones that can cause the most environmental damage and increase the likelihood of pesticide resistance. Always choose the most specific but least toxic to non-target organisms method. In addition,considerations should be given to the proximity to water bodies, irrigation schedules, weather(rain or wind), etc.that are secondary factors that may result in the pesticide being moved off-site into the environment. Consideration should be made of the temporary loss of use of an area(application in a park may result in the area being sectioned off. All users of pesticides should regularly monitor the California Department of Pesticide Regulation web site www.cdpr.ca.gov to incorporate current legislative and/or regulatory changes into the program. POLICY: The City of Huntington Beach will focus on long term prevention or suppression of pest problems with minimum impact on human health,the enviromnent, and non target organisms with the limited use of pesticides for parks, fields and playgrounds; in accordance with City wide Pest Management Principles. Citywide Pest Management Principles A. Use of organic pesticides in all city properties. B. Limit exposure to any pesticides where children and the general public congregate. EXHIBIT F Sports Complex Integrated Pest Management Policy Page 4 EXHIBIT A Page 60 of 84 C. Incorporate additional guidance on use of pesticides for city rights of way, facilities and other properties owned by the city. D. Use EPA level pesticides in a targeted manner and only if deemed necessary to protect public health and economic loss by a licensed pest control advisor and/or city staff, when pests cannot be managed by other methods that we would have. PROCEDURES: The procedures seek to increase the long-term prevention and suppression of pest problems(insects, weeds, diseases, and vertebrates)with the minimum impact on human health, the environment, and non-target organisms. Emphasis is placed on improving cultural practices to prevent problems and utilizing alternative control measures instead of broad spectrum pesticides. Information on the latest IPM information including management of new pests in the landscape is obtained from local UC Cooperative Extension Advisors, UC IPM Regional Advisor, or the Statewide UC IPM Web Site at www.ipm.ucdavis.edu. Designated IPM Coordinator or IPM Contact Information: David De La Torre City of Huntington Beach 714-375-5124 Personnel responsible for the care and maintenance of facilities under the above- mentioned jurisdiction agree to implement a suite of basic integrated pest management procedures selected from the following five main components of an IPM program: 1) Prevention II) Pest and Symptom Identification III) Monitoring for Pests and Problems IV) Action Thresholds and Guidelines V) Selection of Appropriate Management Methods (Control Tactics) EXHIBIT F Sports Complex Integrated Pest Management Policy Page 5 EXHIBIT A Page 61 of 84 I. PREVENTION A. Landscape Design Procedures (a minimum of three must be selected) ® Drainage, soil characteristics, water quality and availability are considered during plant selection. ® Sun exposure, heat, and high temperature conditions are considered during plant selection. ® Adequate space is allowed for root growth, especially trees. ® Nursery stock is inspected and rejected if not healthy (injuries, diseased, circling roots/potbound, poor staking and/or pruning). ❑ Pest resistant species and cultivars are selected. ® Plants with similar growth characteristics and irrigation requirements are grouped together. ® Landscape design matches available irrigation technology to avoid excess water use and to minimize surface runoff. B. Site Preparation and Planting Procedures (a minimum of three must be selected) ® Assess soil drainage properties and improve compacted soils prior to planting. ❑ Conduct a soil analysis to determine chemical and physical properties of the existing soil and then add appropriate amendments such as organic matter. ® Ensure irrigation is installed as designed in order to avoid poor uniformity once plants are in place. ® Follow proper planting procedures for particular plant species to avoid planting too deeply or too shallow. ® Nursery tree stakes are removed at planting and replaced with staking that allows trunk to flex; removing these stakes after 1 to 1.5 years. ® Utilize a soil probe or other soil moisture measurement device to monitor soil moisture levels in existing root ball and surrounding soil during establishment period. EXHIBIT F Sports complex Integrated Pest Management Policy Page 6 EXHIBIT A Page 62 of 84 C. Water Management (a minimum of three must be selected) ❑ Plants are examined weekly for symptoms of water stress and to assist in determining irrigation scheduling. ❑ Monitor soil moisture with a soil probe or soil moisture sensors to assist in scheduling irrigation. ® Utilize evapotranspiration (ET) data or`smart' clock technology to schedule irrigation. ® Cyclic irrigation (short-multiple run times) is employed to minimize surface runoff. ® Utilize low precipitation sprinklers or low-volume systems to reduce surface runoff. ® Systems are inspected monthly to check for leaks, broken pipes, and clogged or broken sprinkler heads. ❑ Adjust sprinklers to avoid application of water directly to the trunk of trees (can promote disease) or on to concrete surfaces where it can enter storm drains. ® Establish a hotline or email or other dedicated method where citizens can report leaks and broken sprinkler heads D. Fertilizing Procedures (a minimum of three must be selected) ❑ Fertilize only when plants are actively growing to avoid nutrient losses below the root zone. ® Fertilizer is not applied within 48 hours of a rain event to avoid losses below the root zone and in surface.runoff. ❑ Soil analyses are conducted in order to determine existing nutrient levels in the soil prior to fertilizing. ® Overfertilization, especially of trees and shrubs, is avoided to ensure plant growth is not excessively succulent making it more susceptible to pest infestations. ® Off-target fertilizer applications or spills are cleaned up immediately by sweeping up and applying to landscape or turf or replacing in spreader or bag to ensure material does not enter storm drains. EXHIBIT F Sports Complex Integrated Pest Management Policy Page 7 EXHIBIT A Page 63 of 84 E. Pruning Procedures (a minimum of three must be selected) ® Damaged or diseased wood is regularly pruned from landscape plants. ® Trees are pruned according to standards set forth by a professional tree care organization such as the International Society of Arboriculture. ❑ Replace plants too large for a space instead of pruning them severely. ❑ Unnecessary pruning is avoided as wounds are entry sites for decay and disease organisms.. ❑ The age and species of the plant is taken into account when determining the time of year to prune. For example, eucalyptus should be pruned in December and January when long-horned beetles are not active. ® Tree height reduction is discouraged. When deemed necessary by a licensed arborist, the crown reduction method approved by a professional tree care organization is utilized. Topping is never done to reduce tree size. NO TOPPING OR 'HAT RACKING' IS PERMITTED. II. PEST AND SYMPTOM IDENTIFICATION A. Insects, Mites, and Snails and Slugs (a minimum of three must be selected) ® Field personnel are trained to recognize basic pests found in the landscape in the following groups: insects, mites, and mollusks. ® A licensed Pest Control Adviser is on staff or hired to properly identify a pest and the symptoms caused by the pest. ❑ Field personnel are trained to utilize disease life cycles to apply treatments when the organism can be controlled most effectively. ® Field personnel are trained to distinguish between beneficial insects and actual pests found in the landscape (e.g. parasitizing wasps). ® Unknown samples are submitted to the Orange County Agricultural Commissioner for identification by the county entomologist or plant pathologist. ® Abiotic or nonliving factors (wind, sunburn, air pollution, etc...) are considered as possible causes of observed symptoms as well as biotic (living) factors. EXHIBIT F Sports complex Integrated Pest Management Policy Page 8 EXHIBIT A Page 64 of 84 B. Weeds (a minimum of one must be selected) ® Field personnel are trained to identify common weeds in the landscape. ® Field personnel are trained to utilize weed life cycles to properly control weeds such as controlling crabgrass utilizing a pre-emergent herbicide applied in mid-January. ® A licensed Pest Control Adviser is on staff or contracted to properly identify the pest. C. Diseases (a minimum of one must be selected) ® Field personnel are trained to recognize common diseases or their signs/symptoms in the landscape. ® Field personnel are trained to utilize disease life cycles to apply treatments when the organism can be controlled most effectively. ® Field personnel are trained to recognize the difference between biotic and abiotic problems. ® Field personnel are trained to understand how common diseases are spread throughout the landscape. ® Disease signs and symptoms are sampled and submitted to the Orange County Agricultural Commissioner for identification by the county plant pathologist. ® A licensed Pest Control Adviser is on staff or contracted to properly identify the pest. ® Photographs of disease signs and symptoms are taken and compared to reference guides such as LIC IPM's Pests of Landscape Trees and Shrubs. D. Vertebrates (a minimum of one must be selected) ® Field personnel are trained to recognize vertebrate pests and the damage they cause in the landscape. ® Field personnel are trained to utilize vertebrate behavior to properly control the pest most effectively. ® At least one field staff member is trained in vertebrate baiting and trapping. EXHIBIT F Sports Complex Integrated Pest Management Policy Page 9 f EXHIBIT A Page 65 of 84 ® A licensed Pest Control Adviser is on staff or contracted to properly identify vertebrate pest. III. MONITORING FOR PESTS AND PROBLEMS A. Insect/Mollusk Monitoring Procedures (a minimum of three must be selected) ® Visually inspect plants for insects, mites, snail and slug damage at least monthly; recording results utilizing a method conducive to tracking changes and easy recall of data. ❑ Yellow sticky traps are utilized to assess populations of insects. ® Insects are dislodged from plants by shaking over a collection surface usually consisting of a clipboard with a white sheet of paper. ❑ If available for a particular insect, phermone-baited traps are utilized. ❑ Soil-dwelling turf insects are brought to the surface for monitoring by flushing a specific area of soil (i.e. 2' x 2' grid) with plain water or a soapy water mixture. ® The amount of honeydew(aphids) and frass (caterpillars) present is utilized as an indicator of population levels. B. Weed Monitoring Procedures (a minimum of two must be selected) ® Landscapes are inspected at least 4 times a year(early winter, early spring, summer and early fall) for weeds in order to determine if and when a weed problem exists. ® Utilize site surveys to record the location, date, and severity of weed problem; recording results utilizing a method conducive to tracking changes and easy recall of data. ❑ Count and record the number of weeds encountered at periodic intervals (e.g. every 1 to 2 feet) along a straight line transecting'a landscapes area or within a selected area, for example 4 sq. ft. samples done in random places in a bed or turf area. EXHIBIT F Sports Complex Integrated Pest Management Policy Page 10 EXHIBIT A Page 66 of 84 C. Disease Monitoring Procedures (a minimum of two must be selected) ® Landscapes are regularly checked for conditions, such as overwatering and injuries, which promote disease. ® Landscapes are checked monthly, at a minimum,for disease symptoms and signs. Disease prone plants are checked more frequently. ❑ Records are kept utilizing a method conducive to tracking changes and easy recall of data of each landscape inspection noting, date when disease signs and symptoms were first noticed and the current environmental conditions and soil moisture levels. D. Vertebrate Monitoring Procedures (a minimum of two must be selected) ® Landscapes are regularly inspected for vertebrate presence either by damage caused by animal, actual animal sightings, and/or droppings. ® Records are kept of the absence or presence of actual vertebrates, the damage caused, and/or the presence or absence of droppings. ❑ Maps are created and updated at least twice a year, recording area of high vertebrate damage or signs (such as gopher mounds). IV. ACTION THRESHOLDS AND GUIDELINES A. InsectlMollusk Thresholds and Guidelines (a minimum of one must be selected) ® Insect tolerance levels are established based on the public's acceptance of damage to the landscape or a certain level of nuisance pests (i.e. ants), the actual plant species in the landscape, and long-term monitoring and knowledge of pests causing the damage. ❑ Thresholds are based on levels were reasonable control of the pest can be achieved with minimum impact on the environment. ❑ Insect monitoring records are utilized to establish threshold levels for the implementation of control strategies. For example, the threshold for the presence of aphids on a rose garden at City Hall is low, while in a native shrub border it might be considerably higher. EXHIBIT F Sports Complex Integrated Pest Management Policy Page I I EXHIBIT A Page 67 of 84 B. Weed Thresholds and Guidelines (a minimum of one must be selected) ® Weed tolerance levels are established based on public safety or the public's acceptance and the resources available to manage the landscape at that level. ❑ Weed monitoring records are utilized to rank the percentage of the landscape area infested (none, light, moderate, heavy, or very heavy) with weeds. ® Public areas are ranked according to high, medium, or low level of weed control and management conducted according to levels set for each rank (see Appendix A) C. Disease Thresholds and Guidelines (a minimum of one must be selected) ® Disease tolerance levels are established based on the public's acceptance and the resources available to manage the landscape at the level required. ❑ Disease monitoring records are utilized to establish threshold levels for the implementation of control strategies. For example, the threshold for the presence of powdery mildew on roses at City Hall is much lower than the threshold for its presence on Euonymus in a parking lot at a city sports park. D. Vertebrate Thresholds and Guidelines (a minimum of one must be selected) ® Vertebrate tolerance levels are established based on public safety, the public's acceptance and the resources available to manage the landscape at the level required. ® Vertebrate monitoring records are utilized to establish threshold levels for the implementation of control strategies. For example, the threshold for the presence of gopher mounds in a sport field is zero, while in a native shrub border it might be two before a trapping strategy is implemented. V. SELECTION OF APPROPRIATE MANAGEMENT METHODS A. Insect/Mollusk Management Methods EXHIBIT F Sports complex Integrated Pest Management Policy Page 12 EXHIBIT A Page 68 of 84 Cultural/Mechanical/Physical Control Methods (a minimum of three methods must be selected) ® Sticky barriers are applied to trunks of trees and large shrubs to prevent ants and other wingless invertebrates from plant canopies. ® Small insect infestations are removed by pruning infested plant parts. ❑ Copper bands are installed around base of trees or planting areas where snail and slug infestations are prevalent. ® Plant canopies are thinned to increase light penetration to exposure certain soft-bodied insects (soft-scale) as well as snails and slugs to heat. ❑ Strong streams of water are used to dislodge insects such as aphids and whiteflies, from leaves. ❑ Avoid use of plants that snails and slugs use for shelter. ❑ Avoid irrigating between 5pm and 5am when moisture remains on plant material for several hours. i Biological Control Methods (a minimum of one method must be selected) ® Persistent broad-spectrum pesticides are avoided, especially if biological control of an insect has been established by UC researchers. Examples include parasitoid wasps controlling Eugenia Psyllids, Giant Whitefly, and Ash Whitefly. ❑ Natural predators (beneficial insects) are augmented with purchases of additional predators from commercially available resources. Pesticide Control Methods (a minimum of five methods from must be selected) ❑ The most selective, rather than broad-spectrum, pesticide is used ® If available for controlling a particular insect, biological and botanical pesticides are selected ® Insecticidal soaps are utilized to control infestations of soft-bodied insects such as aphids, thrips, and immature scales. Horticultural oils neem oil and narrow-range refined oils) are utilized to control infestations of soft-bodied immature and adult insects such as aphids, scales, and whiteflies. EXHIBIT F Sports complex Integrated Pest Management Policy Page 13 EXHIBIT A Page 69 of 84 ❑ Pesticides are only utilized when the potential for impacts to the environment, especially water quality, are minimized. ❑ Equipment is calibrated prior to the application of the insecticide to avoid excess material being applied to the landscape environment. ® Applicators are trained to not apply pesticides to hard surfaces and to not allow any pesticide to enter the storm drain system ® Spot treatments are utilized rather than broadcast methods Insecticidelfertilizer combinations are only used if appropriate timing for ® BOTH the insecticide application and the fertilizer application. B. Weed Management Methods Cultural, Mechanical, and Physical Control Methods (a minimum of three methods must be selected) ® Timers are set to avoid overwatering as weeds establish in areas where soil moisture is excessive. ® Drainage is managed to avoid wet areas. ® Weeds are removed from a site prior to planting. ® Mower height is adjusted to turf species and time of year. ❑ Mower is washed after mowing a weedy site. ® Hand-pulling, mowing, trimmers/brushcutters, flaming, hoeing, and rototilling around landscape plants are the main methods utilized to control annual weeds and young perennial weeds. ❑ Soil solarization is utilized to control some annual and perennial weed species. ® Bare soil areas are covered with a thick layer of mulch to suppress weeds and conserve soil moisture. ® Soil, mulch, and plant material is weed-free before it is introduced into the landscape. Pesticide Control Methods (a minimum of three methods must be selected) ❑ Spot treatments are utilized rather than broadcast methods. EXHIBIT F Sports Complex Integrated Pest Management Policy Page 14 EXHIBIT A Page 70 of 84 ® Herbicide/fertilizer combinations are only used if appropriate timing for BOTH the herbicide application and the fertilizer application. ® Herbicides are utilized according to established thresholds (see Appendix A). ❑ Organically acceptable herbicides (shown to be effective through science- based research) are used where appropriate. ® Herbicides are applied to the stage of weed growth most susceptible to the chemical. ® Equipment is calibrated prior to the application of the herbicide to avoid excess material being applied to the landscape environment. C. Disease Management Methods Cultural, Mechanical, and Physical Control Methods (a minimum of three methods must be selected) ® Prune out and dispose of localized areas of diseased plants. ® Pathogen-infested plant parts are removed from the soil surface area to reduce certain pathogens (e.g. Camellia Petal Blight). ® Pruning tools are sterilized (e.g. a diluted bleach solution) between plants to prevent the spread of pathogen to other plants. ® Proper irrigation and fertilization are maintained to prevent plant stress, water-logging, and subsequent susceptibility to disease. ❑ Soil solarization is utilized to control soil pathogens in annual beds where it is most effective. ® Mulch is kept at least 6" from base of plants to avoid excessive moisture around crown possibly resulting in crown rots and is no deeper than 4" ® Replace disease-prone plants with non-susceptible species. i Pesticide Control Methods (a minimum of two methods must be selected) EXHIBIT F Sports Complex Integrated Pest Management Policy Page 15 EXHIBIT A Page 71 of 84 ❑ Preventative fungicides and bactericides are only used where diseases can conditions and applied prior to infection or be predicted from environmental the appearance of symptoms. ® Synthetic fungicides are used sparingly in the landscape and only in high visibility areas in order to minimize development of resistance. ❑ Organic fungicides and bactericides are utilized in combination with cultural, mechanical, and physical control methods in order to improve their a effectiveness. ❑ Copper-based fungicides are only utilized in situations where its entry into surface runoff and storm drains is virtually impossible and after consultation 3 with PCA and IPM coordinator: ❑ Mycopesticides, commercially available beneficial microorganisms, are used where appropriate. ® Fungicides classes are rotated to avoid resistance. D. Vertebrate Management Methods Cultural and Physical Control Methods (a minimum of two methods must be selected) ® Groundcovers are maintained such that they do not harbor rats. ❑ Shrubs pruned at least 1 foot from the ground (rats). ® Sources of drinking water removed (leaky faucets, puddles). ❑ Trash cans have lids and are emptied daily (rats). ® Screens or other barriers installed under structures that have a space between soil and floor (rabbits). ❑ Habitat modification, based on pest biology is used to reduce shelter. ® Trapping is used for gophers when safe and practical. ® irrels and rabbits, are checked daily, and in Kill traps used for ground squ places not accessible by children or non-target animals. ❑ Gas cartridges are used for ground squirrels according to UC i recommendations. Pesticide Control Methods (a minimum of two methods must be selected) EXHIBIT F Sports Complex Integrated Pest Management Policy Page 16 EXHIBIT A Page 72 of 84 ® Anti-coagulant baits are used and applied according to label. ® Bait is applied in a manner that non-target animals do not access to it. ® Restricted use rodenticides, aluminum or zinc phosphide, are used only after applicator has been trained for that product or only by a wildlife management contractor. VI. GENERAL PESTICIDE MANAGEMENT PRACTICES (all practices listed below must be selected) ® Restricted use pesticides are only used when no other alternatives are practical. ® If pesticides are necessary, CAUTION-labeled pesticides are considered before more toxic alternatives. ® Only small quantities of pesticides are purchased eliminating the need for stockpiling. ® MSDSs are regularly updated to reflect new pesticides or label changes to pesticides in storage. ® Pyrethroid based chemicals are applied according to current (July 2012) DPR regulations and are only scheduled after rain forecast monitoring. EXHIBIT F Sports Complex Integrated Pest Management Policy Page 17 EXHIBIT A Page 73 of 84 Appendix A Ranking public areas for weeds (or other pest) management: Areas ranked as HIGH may include areas that the public sees and expects to be well- maintained. Examples are entrances to public buildings such as city hall and libraries. These areas are allowed to use pesticides based on established thresholds. Areas ranked as MEDIUM may include areas the public sees but does not expect a high level of maintenance. Examples are landscaped areas away from the entrance, recreational and picnic areas. These areas can tolerate a higher level of weeds. These areas are allowed to use pesticides but the threshold is much higher and pesticides are used infrequently and only after consultation with IPM coordinator. Areas ranked as LOW may include areas the public rarely sees or does not expect a high level of maintenance. Examples are medians, landscaped areas in parking lots, wildlands. These areas can tolerate a higher level of weeds. These areas are not allowed to use pesticides except in extreme cases and only after consultation with IPM coordinator. EXHIBIT F Sports complex Integrated Pest Management Policy Page 18 EXHIBIT A Page 74 of 84 EQUIPMENT REQUIREMENTS Sports Complex Maintenance Services Contractor shall provide all new equipment to be used exclusively within the City of Huntington Beach. All equipment must be authorized and approved for use by the Maintenance Operations manager or designate. All equipment shall be in good working order, with all manufacturer-required safety guards and devices in place at all times. In accordance with park regulations,all mowing operations shall be done at speeds not to exceed five(5)miles per hour. Contractor shall provide minimum one(1) 120"-wide mow deck system tractor and one(1) 60"- wide mow deck system tractor per crew. EXHIBIT G Sports Complex Equipment Requirements Page I EXHIBIT A Page 75 of 84 CITY OF HUNTINGTON BEACH TURF MANAGEMENT-MAINTENANCE SCHEDULE SPORT COMPLEX TURF RENOVATION COMMENTS JANFEBMA AP MA JUN JULAU SEPOC NO DEC Spike and re-seed I Or Interseeding 10 Lbs.per each 1,000 sq ft Verti-Drain All fields wl Hollows @ 314" Verti-Drain Additional Vertidrain w/Hollows @ 3/4" Inter-seed Bare Areas With Bermuda seed 1 lb per 1,000 sq fi Reccomended as needed depending the field ? ? ? ? ? ? ? ? ? ? ? ? Over-seed Twice a year usage Fertilize SCU or 15-15-15 Between June 1st-August 1st 60-Days Aerify during Turf Renovations Between June 1st-August 1st 60-Days Verticut during Turf Renovations Between June 1st-August 1st 60-Days Top-dress during Turf Renovations Between June 1st-August 1st 60-Days: Replace Sod during Turf Renovations Between June 1st-August 1st 60-Days " Notes: 1.Between June 1st-August 1st(60-Days):AerifyNerti-Drain,Verticut/Dethatch/ScalpNacuum,Top-dress 2.Premier Fields require 12-14 pounds of fertilizer per year 3.Fertilization program is top priority and is to be completed by noon and watered in. AERIFICATION PROGRAM Premier Fields I COMMENTS JAN FEBMA AP MA JUN JULAU SEPOC NO DEC Aerify with Piston Type Aeration Machine 518"Hollows 3"-5"Depth Aerify with VertidrainfDeep Tine 1"Hollows 6"-8"depth Aerify with Self-propelled 5/8"hollow 3"-4"Depth --7777777 Aerify with Knife Shatter Tines " Note:Adjust Aeration schedules and type of equipment as needed depending the field usage FERTILIZATION PROGRAM m y o U O W Q N Premier Fields COMMENTS JAN FEBMA AP MA JUN JULAU SEPOC NO DEC Reccomended to fertilizer at less every 60-Days Sport Complex 1 Lb.11,000 sq ft Actual Nitrogen Notes: 1.Premier Fields reccomened to fertilize 12-14 pounds actual Nitrogen of fertilizer per year 2.Fertilization program is top priority and is to be completed by noon and watered in. 3.Reccomended to take soil samples to adjust fertilization program as needed 3.Reccomended to take soil sarnples to adjust fertilization program as needed Fertilization Program:Optional to Fertilize monthly with synthetic and organic fertilizer Febru Nitra,KEng l�avember Jura{frog �� ° .. March:24 0 8 EXHIBIT H Sports Complex Annual Service Schedule Page I EXHIBIT A Page 76 of 84 Sports Turf Management The annual turf program consists of fertilization, aerification, slicing/spiking,verti-cutting,topdressing, over-seeding and turf/sod replacement. Aerification: Aeration plays one of the most important roles in managing all turf areas. Sport turf is to be aerated by removing 1/2" to 5/8" diameter hollow tine cores to a depth of 2-1/2" to 3" with spacing between cores, not to exceed 3",using a piston type aeration machine. All cores must be removed on the same day aeration takes place with use of core harvester, core pulverizer or other approved method. Contractor is responsible for locating and marking irrigation and other components prior to aeration. Slicing/Spiking Aerator: Slicing slices the rhizomes and stolons so that they can begin to deteriorate and do not become a thatch problem. In addition,this slicing of the rhizomes and stolons has had the effect of causing new plants to spring up much more frequently than they would without the slicing. This means more plants per square inch and a more wear resistant turf. verti-Cutting/Dethatching: The process of mechanically removing thatch using fixed blades spaced less than one inch apart to a depth of one quarter inch into the soil. The debris shall be removed from the surface through a turf vacuum or rotary vacuum mower. Verti-Drain/Deep Tine: Deep tine aeration(Verdi-Drain) entails driving a spike, as long as 3/4" X 10" on larger machines, into the soil at 90-degrees and exiting at a 45-degree angle so that it literally shatters the soil below on 6" centers.Next,we pull plugs with a 3/4" X 10"plug puller across the field on 6" centers. This creates a void area that roots can move into. Again, on tight clay soils, it is important that we sweep up the cores,top dress and drag sand & organic material into the holes. Contractor is responsible for locating and marking irrigation and other components prior to verti-draining/deep tining. Topdressing(Sand Topdressing& Organic Topdressing): Top dressing is the only way to change a poor soil profile without totally ripping up the soil,amending it properly, and re-sodding. Top dressing is also an effective way of filling in low spots or re-leveling the wear areas as they occur each year. Low spots left unrepaired become dangerous trip areas that tend to get more wear and collect standing water. Sand topdressing is an 80% sand and 20% organic compost. The 1/8" size shall be applied to a depth of up to 1/4" using a top dressing machine, evenly spreading the sand over the designated area. After the sand has been applied,the entire area shall be dragged with an appropriate drag mat, going over the area in a circular pattern until the sand is evenly distributed,with a smooth surface and watered in thoroughly by the end of the workday. Soil organic help prevent compaction,add microbes, help control turf diseases and provide dark green color on turf. Over-Seeding: Warm weather grasses such as Bermuda begin to go dormant in late fall and winter. Over-seeding with perennial rye grass at this time gives these fields a growing surface to play on and helps prevent the complete destruction of the dormant Bermuda plants. Seed shall be spread by a broadcast type and covered with a top dressing material. A second method of over-seeding is to utilize the inter-seeding/spike and seed method. Seed shall be inserted into the soil using an inter-seeding or spike and seed machine. Appling the seed in two different directions over the designated area and after completion of the inter-seeding,the debris shall be removed. An application of 1/4" organics may be EXHIBIT I Sports Complex Sports Turf Management Guide Page I i I EXHIBIT A Page 77 of 84 scheduled immediately after this process. Over-seeding with perennial rye seed only occurs to sport fields that are considered premier and lighted. Compost: Composting is the process of combining several sources of organics as well as grass clippings,food by-products, recycled newspapers,removed thatch,mulched tree limbs and even chewed up old wood shingles. If turned properly in the sun and composed of the right mixture and moisture, compost temperatures will reach 135-145 degrees in the center of the pile. This will kill weed seed and pathogen bacteria, but must be turned evenly and often to insure that there are not some cool spots where the process was not completed. By the time these are diluted, you end up with an organic content of 15-25%. Sod/Turf Replacement: Sodding shall be accomplished by removing existing turf and soil with the use of a sod cutter.New sod shall be installed and the height of the grade shall be level with existing turf and grade. All new sod areas will be rolled with an appropriate size and weight roller until the area is free of bumps and low spots. Mowing: Athletic fields shall be mowed a minimum of once per week for a total of fifty-two times per year. Additional mowing of athletic fields may be required for tournaments and on over-seeded fields. Bermuda turf shall be mowed using a hydraulic driven reel mower capable of mowing a minimum height of half-inch. Berinuda turf that has been over-seeded with Perennial Ryegrass can be mowed with either a reel or rotary mower. All turf and hardscape areas shall be free of turf clippings,plant debris and trash at the end of the scheduled mow day. Organics: Organic soil contains carbon-based material that is living or once living. It contains organic matter that is rich in many nutrients and minerals. Organic soils consist of decaying plant material, microorganisms,worms and many other things. Mulch,compost,and manure can be used to amend nutrient deficient soil like sandy soil,and turn it into rich,organic soil packed with nutrients. Organic materials also facilitate drainage while retaining moisture. Soil amendments are vital when preparing soil for planting. Soils must be amended often or else the soil will become void of nutrients and organic matter. EXHIBIT I Sports Complex Sports Turf Management Guide Page 2 EXHIBIT A Page 78 of 84 Aeration Aeration plays one of the most important roles in managing all turf areas. It is an especially effective tool when used on athletic fields. The frequency that you aerate should be based on the wear factor of your field. The heavier your play, the more quickly the soil compacts and therefore, the more frequently you will need to relieve the compaction. The type of aerator you use is very important because it is very 3 difficult to even find a period of time between play to get on the field. When you pull and leave cores on the field, the coaches and players complain that these plugs can actually deflect the ball,with sports that have the ball rolling on the ground. Therefore, it may be necessary to use a knife-type aerator that makes a clean slit in turf without leaving any residue at the surface. This field can be played on immediately upon completion of the aeration. Aeration falls into two main types: Annual Renovation and Regular Maintenance. Annual Renovation In cool weather grass areas,this type of aeration is done in early spring just prior to the turf regeneration and seed gennination. The key point is that this aeration is going to disturb the soil and the surface area because of the amount of aeration and the top dressing that usually accompanies this and we want the grass to grow up through this layer quickly. In warm weather grass areas,the turf goes dormant in the fall and begins to grow again in early spring. If you over-seed these areas with rye grass,just prior to donnancy, you can over-seed and do this type of aeration and top dressing. If you do not over-seed in the fall,just before Bermuda comes out of dormancy is probably the best time for this type of aeration. Maintenance Aeration Maintenance aeration is the regular aeration you do after a major or annual renovation aeration has been done and you are temporarily relieving the compaction that has taken place since the last aeration. This can be done as frequently as weekly in the wear areas in very tight clay soils under very high wear conditions. Most often, the minimum should be monthly aeration in high wear conditions. Top Dressers It is important that you carefully select a top dresser that fits your needs. If you put down a 1/4" top dressing,this would be 46 cubic yards of material on 60,000 square feet. if you purchase a 1 cubic yard top dresser,you will have to fill it 46 times to cover the entire field. A 4 cubic yard machine or larger is best. In addition,the machine should be capable of putting down up to 1/2" at a time or you will have to make several passes over the same spot. Make sure that your tractor will have enough power to pull the machine and put down 1 /2" at a time. One other major concern about top dressing is that it be screened to 1 /4" minus,meaning that there is nothing larger than 1 /4". This is essential because if you try to spread larger materials they will clog the spreader and even damage the moving portions of it. EXHIBIT I Sports Complex Sports Turf Management Guide Page 3 EXHIBIT A Page 79 of 84 Soil Analysis (sand, silt, clay) Soil testing is done to detennine how much of each soil component is present in the soil. At the direction of the Maintenance Operations Manager or designate,the landscape contractor shall perform a predetermined soil and tissue analysis from the turf and/or planter areas. A soil test will provide the following: 1. PH level 2. Organic% 3. Soluble salts 4. Lime content 5. Nitrogen ppm 6. Phosphorus ppm 7. Potassium ppm 8. Sulfur ppm 9. Calcium ppm 10. Magnesium 11. Sodium ppm 12. Zinc ppm 13. Iron ppm 14. Manganese ppm 15. Copper ppm 16. Cation exchange capacity(CEC) Sand is the largest of the three soil particles. It shows a greater range in size than either silt or clay (from very coarse to very fine). Sand has a small surface area relative to its weight, low water-holding capacity, and poor plant nutrient retention. The large size of sand particles creates large spaces between particles. Since sand particles do not stick together,they do not compact. Trying to compact a sand soil (one containing 70% or more sand) would be like trying to compact a basket of ping-pong balls. This is one reason why sand-based root zones are commonly used on sand based athletic fields and golf greens. Silt particles are smaller than sand particles, so the space between particles is smaller,providing greater water holding capacity than sand. Silts have low to medium nutrient capacity, and they will stick together rather well because of a clayey surface coating. The properties of silt are intermediate between those of sand and clay. Clay particles are the smallest of the three particles. Individual particles of clay will stay suspended in water and are not visible to the naked eye. Of the three particle types,they have the greatest surface area relative to their weight and the greatest nutrient-holding capacity. Since the space between clay particles is very small and their surface area is large, clays retain water strongly. Clay particles will stick together readily, so clay soils are very prone to compaction. Clays are categorized into two major groups. Montmorillonite clays (found in the Midwest and West) show considerable swelling and shrinking when wet and dried, respectively, and have excellent nutrient-retention properties. Kaolinite clays(found mostly in the East and Southeast) exhibit little swelling or shrinking and tend to have poor nutrient- holding properties. EXHIBIT I Sports Complex Sports Turf Management Guide Page 4 EXHIBIT A Page 80 of 84 Classifying soils according to texture Most soils are mixtures of all three-particle types with organic matter. The ratios or amounts of each particle group largely determine the properties of the soil. The percentage of each particle can be determined by a mechanical analysis(sieve analysis).Then,using the Soil Textural Triangle,the soil can be classified into one of 12 categories. It is easy to use the Soil Textural Triange to detennine soil types.First,locate the intersection of the lines representing each of the three particle types.Then, follow the line at the same angle as the number on the scale you are using. too 10 90 2 Txura Ca ((��f}V / 3�9F°' 6 `� 30 Kv h 40Al 1�A 60 NV so SO � ^tlt Sandy / 60 40 .. %. ..... a ClaySllty Clay 70 w Loam Loam 30 E 80 20 Loam Sandy Loam Silt Loam Ott 10- Silt 100 100 90 80 70 60 so 40 30 20 10 Percent Sand Soil structure Soils do not exist simply as a body of individual particles. The three types discussed above are present in the soil in distinct arrangements or soil structures. The type of arrangement varies with the ratio among the three particle types, the amount and type of organic matter present,water availability,and temperature. The clumping of the mineral particles into clusters or aggregates is very important in terms of water movement, aeration, and heat transfer in the soil. EXHIBIT I Sports Complex Sports'rurfManagement Guide Page 5 EXHIBIT A Page 81 of 84 i V A simple crumb-like aggregate will range in size from 0.25 to 0.5 inch in diameter. The arrangement of these aggregates is such that they are separated from each other by a pore space. A soil with good structure has two classes of pores. The large pores are filled with air, while the small pores are filled with water. Sandy soils have many large pores while clays have few large pores but many small pores. Therefore, sandy soils exhibit excellent water and air movement into and through the profile, while the movement of water and air through clay soils will be much slower. However, because of their lack of small pore spaces, sandy soils have poor water-holding capacity. Foot traffic and other forms of pressure exerted on the soil may eliminate both large and small pores by compacting the soil and destroying its structure. In such a situation turf-grass growth will be poor because of the limited pore space available for air(needed by the roots) and water. In addition,the turf-grass manager can affect soil structure ' through cultivation practices, drainage, and adding soil amendments. Tilling or cultivating a clayey sod when too wet can destroy its structure. Soil Organics • Help prevent compaction • Add billions of microbes, bacteria that break down fertilizer • Cause turf to go dormant later and green up quicker in the spring • Help to control diseases • Provide dark green color • Bio-stimulate native populations of soil organisms to prevent diseases • Contain suppressive microorganisms • Suppress root-infecting pathogens—dollar spot,brown patch, Pythiwn blight,necrotic ringspot, red thread,typula blight • Control through top-dressing would require yearly applications • Root-zone incorporation can provide up to four years of disease suppression I. EXHIBIT I Sports Complex Sports Turf Management Guide Page 6 EXHIBIT A Page 82 of 84 Irrigation Water Analysis (Water Management) The purpose of a water analysis is to show the minerals and nutrients that are in the irrigation water. This is accomplished through the use of centrally controlled irrigation controllers. The staff uses evapotranspiration data to adjust the watering schedules to meet the City of Huntington Beach's watering regulations and avoid water waste. The irrigation controller's schedules are set based upon plant type, soil type, sprinkler type, crop coefficient, slope, and sun exposure. The landscape maintenance contractor checks and inspects all components of the irrigation system, from the valves to the sprinkler heads, on a regular basis. Water Management: Through the use of centrally controlled irrigation controllers,the Park,Tree and Landscape Division has efficient management of water usage. The staff uses evapotranspiration data to adjust the watering schedules to meet the City of Huntington Beach's watering regulations and avoid water waste. Evapotranspiration is the combination of evaporation and transpiration. Evaporation is the loss of water from the soil and transpiration is the loss of water from the plant. Although it is difficult to forecast water usage due to factors such as rainfall amounts,the staff utilizes rainfall histories in its water management strategies. This highly technical and daily task is vital to the landscape's health and in adhering to the water budget. The goal is to apply the least amount of water necessary to maintain healthy plant material. City Landscape staff utilize smart controller technology, weather data and weekly field observations to accurately water the turf and landscape. They set the irrigation controller's schedules based upon plant type, soil type, sprinkler type, crop coefficient, slope, and sun exposure. The settings are adjusted so that irrigation does not exceed City of Huntington Beach's water allocation. Staff monitors the smart controllers to respond to alerts and system failures. EXHIBIT I Sports Complex Sports Turf Management Guide Page 7 EXHIBIT A Page 83 of 84 Fertilization Fertilization does more to improve poor quality turf grass or to maintain good quality turf grass than any other management practices. Proper fertilization practices produce a dense, medium to dark green turf that resists pests and environmental stresses. Successfid turf maintenance fertilization requires that you assess your turfs nutritional requirement through a soil analysis report,understand fertilizers,know how much to apply and when, and use proper application technique. There are two types of fertilizers: Liquid vs. Granular. Liquid Fertilizer: This type of fertilizer is formulated and packaged as a liquid and includes clear liquids (solutions) and liquids that contain suspended solids (suspension fertilizers).Nutrients are already in the solution,which means they are also immediately available to the plant. While the plant's root system absorbs most nutrients there is also a very small amount can be taken in through the leaves resulting in a quick green up within days of the application. Liquid application usually has better coverage,which can better fight weeds. Since the nutrients are already in soluble form,most of them are readily available to the plant. They are fast release supply of nutrients, which initially produces good results but will not last as long as granular. Granular Fertilizer: Granular fertilizers are dry particles that fall between an upper and lower limit of screen sizes. They may be finely crushed, granular, crystalline,powder or processed into uniform prills. They can have a controlled release mechanism which might make the initial green up take a little longer but the results will likely last much longer. Granular can also accomplish more per application. Although soine granular fertilizers can burn lawns if not properly administered, slow releasing granular can be the perfect medicine for lawns battling hot, dry conditions since they slowly feed a lawn and avoiding burning. Each application can take much more time.This is because you will likely take two trips over the sport field and more time will be spent cleaning up the granules from the pavement surfaces and sweeping them back onto the turf EXHIBIT I Sports complex Sports Turf Management Guide Page 8 I EXHIBIT A Page 84 of 84 Pesticides All pesticides used shall follow the Integrated Pest Management Policy (IPM). All pesticide application shall be approved by the City's Landscape Maintenance Supervisor prior to use. A licensed California Pest Control Advisor shall prepare, and submit to the City Representative, a written recommendation of proposed pesticides, including commercial name, concentrations, application rates, and usage and reentry time and site-specific schedule.No work shall begin until written approval of use is obtained and a notice of intent has been filed with the County Agricultural Commissioner's office, if required. Copies of Safety Data Sheets and specimen labels shall be given to the City Representative prior to pesticide j use on City property. Organic pesticides shall be the first choice to control a pest. i Records of all pesticides and fertilizers used by the contractor on City property will be submitted by the fifth working day of the month to the City Representative. The contractor is responsible to maintain site and date specific records of all pesticides and fertilizer application. The records shall be retained in accordance with Department of Pesticide Regulations. Posting of signs shall be required at all City facilities. The same signs must be left up to 72 hours after spraying applications are completed,then the signs must be removed promptly. i EXHIBIT I Sports Complex Sports Turf Management Guide Page 9 AIJ A�U® CERTIFICATE OF LIABILITY INSURANCE DATE(MMiDDlYYY1'I 7/26/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Bolton &C..ornpany NAME: -_ _ _ . 3475 E. Foothill Blvd., Suite 100fAIC.No- s2s 799a000 a Na; s26 5a3-21t7 Pasadena, CA 91107 E-MAIL )' ( ) h _ADDRESS: _ INSURERS AGE AFFORDING COVER NAIC# www.boltonco.com 0008309 INSURER A: Nationwide.Mutual Insurance Company(A+XV) 23787 INSURED INSURERB: AMCO Insurance.Com an A+XV 19100 Merchants Landscape Services, Inc. wsuRERa: safer National Casual: Cor oration A+XIV 5405 1190 Monterey Pass Road 1 Monterey Park CA 91754 INSURERD: Federal Insurance Company(A++XV) 20281 INsuRER E: Depositors Insurance Company(A+XV) 42587 INSURER F: COVERAGES CERTIFICATE NUMBER: 50205774 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD SUBR POLICY EFF POLICY EXP-- � �- -- -�� -- _ LTR TYPE OF INSURANCE POLICY NUMBER MM/ODIYYYY MM1DD/YYYY LIMITS E COMMERCIAL GENERAL LIABILITY ✓ ACP3018851070 7/1/2019 7/1/2020 EACH OCCURRENCE $1 0-00 000 � ......... CLAIMS-MADE �✓ DAMAGE TQRENTED occuR PREff ESE accu rerlpay $100 000 MED EXP JAny one person $10 000 E APPROVED AS TO FORM PERSONAL&.ADV INJURY $1 00O GOO ._ GEN'L AGGREGATE LIMIT APPLIES PER: /�+ GENERAL AGGREGATE $2,000,000 POLICY a JECT LOG �J PRODUCTS-COMP/OP AGG $2 00O 000 __.... OTHER, 7yLe4 e 4TES $ A AUTOMOBILE LIABILITY ACP3018851ID70 CITY ATTORN 7/1/20�9 7/112020 COMBINED SINGLE LIMIT $ 1 000 000 IANY AUTO CITYOFHUNTINGT N.OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY � di ntJ B UM13RELLALIAR ✓ OCCUR ACP3018851070 7/1/2019 7/1/2020. EACH OCCURRENCE $5000000 EXCESS LIAR CLAIMS-MADE AGGREGATE $5 GOO GOO DED ✓ RETENTION$10,000 $ C WORKERS COMPENSATION SP4054972 Excess WC(CA) 6/1/2019 6/1/2020 ✓ STATUTE �RH AND EMPLOYERS'LIABILITY P — — ANYPROPRIETORIPARTNERIEXECUTIVE Y f N E.L.EACH ACCIDENT S1,000,000 OFFICERlMEMSEREXCLUDED7 N/A (Mandatory In NH) EL,DISEASE-EA EMPLOYEE $1 000,000 If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 000 000 D 3rd Party Employee Theft 81585028 6/1/2019 6/1/2020 Limit:$1 MIL/Ded,$25,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space Is required) Workers Comp is Self-Insured under California Certificate of Consent to Self Insure#03-1-1793-01 for CA operations, GL Additional Insured apply per CG20100413,CG20370413&A070060316 attached, Re:City of Huntington Beach Park Landscape Service. Additional Insured(s):City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers. CERTIFICATE HOLDER CANCELLATION City of Huntington Beach Park Landscape Service Cit of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE yy g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 201 0 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Cheryl Feia 01988-2015 ACORD CORPORATION, All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 50205774 1 MERCH-1 I MLS 111119 C''GL,Auto.Umb 6/1/19 XVIC 4 crime I Nancy Cadwallader 1 7/26/2019 2:45:15 PM (PCYP) I Page I of 5 ACP3018851070 COMMERCIAL AUTO AC 70 06 03 16 A. EFFECT OF THIS ENDORSEMENT If specifically required by the written contract or Coverage provided under this policy is modified agreement referenced in the paragraph above, by the provisions of this endorsement. if there any coverage provided by this endorsement to is any conflict between the provisions of this an additional insured shall be primary and endorsement and the provision(s) of any state- any other valid and collectible insurance avail- specific endorsement also attached to this poli- able to the additional insured shall be non- cy, then the provision(s) of the state-specific contributory with this insurance. If the written endorsement shall apply instead of the provi- contract does not require this coverage to be primary and the additional Insured's coverage to sions of this endorsement that are in conflict, be non-contributory, then this insurance will be but only to the extent of the conflict, and only to excess,over any.other valid and.collectible.insur- the extent necessary to bring such provisions ance available to the additional Ensured, into conformance with the state requirement(s) contained in the provision(s)of the state-specific E. SUPPLEMENTARY PAYMENTS — BAIL endorsement. BONDS B. NEWLY ACQUIRED OR FORMED ENTITIES Supplementary Payments of SECTION II — The Named Insured shown in the Declarations is COVERED AUTOS LIABILITY COVERAGE is amended to include any organization you newly revised as follows: acquire or form, other than a partnership, joint (2) Up to$3,000 for cost of bail bonds (including venture, or limited liability company, and over bonds for related traffic law violations) re- which you maintain ownership or majority (more quired because of an "accident" we cover. than 50%) interest; if there Is no other similar In- We do not have to furnish these bonds. surance available to that organization. Coverage F. SUPPLEMENTARY PAYMENTS — LOSS OF under this provision is afforded until the 180`h EARNINGS day after you acquire or form the organization or Supplementary Payments of SECTION II — the end of the policy period,whichever is later. COVERED AUTOS LIABILITY COVERAGE is C. EMPLOYEES AS INSUREDS — NONOWNED revised as follows: AUTOS (4) All reasonable expenses incurred by the "in- The following is added to paragraph A.1.Who Is sured" at our request, including actual loss An Insured of SECTION II —COVERED AUTOS of earnings up to $1,000 a day because of LIABILITY COVERAGE: time off from work. d. Any "employee" of yours is an "insured" G. PERSONAL EFFECTS AND PROPERTY OF while using a covered "auto" you don't own, OTHERS EXTENSION hire or borrow in your business or your per- 1. The Care, Custody or Control Exclusion of sonal affairs. SECTION II — COVERED AUTOS LIABILITY D. ADDITIONAL INSURED BY CONTRACT, COVERAGE, does not apply to "property dam- PERMIT OR AGREEMENT age"to property, other than your property, up to The following is added to A.1. Who Is An In- an amount not exceeding $500 in anyone "acci- sured of SECTION II — COVERED AUTOS dent". Coverage is excess over any other valid LIABILITY COVERAGE: and collectible insurance. Any person or organization that you are re- 2. The following paragraph is added to A.4. quired to name as an additional insured in a Coverage Extensions of SECTION II! - written contract.or agreement that is executed PHYSICAL DAMAGE COVERAGE: or signed by you prior to a "bodily injury" or c. We will pay up to $1,000 for your prop- "property damage" occurrence is an "insured" erty that is lost or damaged as a result for Covered Auto Liability coverage. How- of a covered "loss", without applying a ever, with respect to covered "autos", such deductible. Coverage is excess over person or organization is an insured only to any other valid and collectible insur- the extent that person or organization qualifies ance. as an "insured" under A.1. Who is an Insured of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. AG 70 06 03 16 with its permission 50205774 { MERCH-1 I MLS 7/1/19 CGL,AUtO.Umb 6/1/19 X11C 4 crime I Nancy Cadwallader 1 7/26/2019 3:45:15 PM (PU17 ( Page 2 Of 5 POLICY NUMBER: ACP3018851070 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) Clty of Huntington Beach, its officers, elected or appointed officials,employees, agents and volunteers. / Cam-" Location(s)Of Covered Operations Park Landscape Service Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for "bodily injury", "property will not be broader than that which you are damage" or "personal and advertising injury" required by the contract or agreement to caused, in whole or in part, by: provide for such additional insured. 1. Your acts or omissions;or B. With respect to the insurance afforded to these 2. The acts or omissions of those acting on your additional insureds, the following additional behalf; exclusions apply: in the performance of your ongoing operations for This insurance does not apply to "bodily injury" or the additional insured(s) at the location(s) "property damage"occurring after: designated above. 1. All work, including materials, parts or However: equipment furnished in connection with such 1. The insurance afforded to such additional work, on the project (other than service, insured only applies to the extent permitted by maintenance or repairs) to be performed by or law; and on behalf of the additional insured(s) at the location of the covered operations has been completed;or CG 20 10 04 13 ©Insurance Services Office, Inc.,2012 Page 1 of 2 I 50205774 13ERCH-1 NLS 7/1/19 COL,Auro.Umb 6/1/19 XWC 4 Crime Nancy Cadwallader 17/26/2019 2:45i15 PM (PDT) Page 3 of 5 CG 20 10 04 13 2. That portion of 'your work" out of which the 1. Required by the contract or agreement;or injury or damage arises has been put to its 2. Available under the applicable Limits of intended use by any person or organization Insurance shown in the Declarations; other than another contractor or subcontractor whichever is less. engaged in performing operations for a principal as a part of the same project. This endorsement shall not increase the C. With respect to the insurance afforded to these applicable Limits of Insurance shown in the additional insureds, the following is added to Declarations. Section III—Limits Of insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: All terms and conditions apply unless modified by this endorsement. Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 2010 04 13 50205774 MEECH-1 I MLS 7/1/19 CGL,puto.Umb 6/1/19 %WC 6 crime I Nancy Cadwallader t 7/26/2019 2:45:15 PM (PDT) I Page 4 Of 5 POLICY NUMBER:ACP3018851070 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) City of Huntington Beach, its officers,elected or appointed officials, employees,agents nd avolunteers. Location and Description Of Completed Operations Park Landscape Service. Information required to complete this Schedule,,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to required by the contract or agreement to provide include as an additional insured the person(s) or for such additional insured. organization(s) shown in the Schedule, but only B. With respect to the insurance afforded to these with respect to liability for "bodily injury" or additional insureds, the, following is added to "property damage"caused, in whole or in part,by Section III—Limits Of Insurance: your work" at the location designated and If coverage provided to the additional insured is described in the Schedule of this endorsement required by a contract or agreement, the most we performed for that additional insured and will pay on behalf of the additional insured is the included in the "products-completed operations amount of insurance: hazard". However: 1. Required by the contract or agreement;or 1. The insurance afforded to such additional 2. Available under the applicable Limits of insured only applies to the extent permitted Insurance shown in the Declarations; by law;and whichever is less. 2. If coverage provided to the additional insured This endorsement shall not increase the applicable is required by a contract or agreement, the Limits of Insurance shown in the Declarations. insurance afforded to such additional insured will not be broader than that which you are All terms and conditions apply unless modified by this endorsement. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 i 50205174 MUCH-1 MLS 7/l/19 CCL,Auto.thnb 6/1/19 XWC 6 crime ( Nancy Cadwallader 7/26/2019 2e45:15 PM (POT) Page 5 of 5 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 - - (714) 536-5227 • www.huntingtonbeachca.gov Fe•�i,leas a°' � Office of the City Clerk Robin Estanislau, City Clerk October 16, 2019 Merchants Landscape Services, Inc. Attn: Martin Herrera 1510 S. Lyon St. Santa Ana, CA 92705 Dear Mr. Herrera: Enclosed is a fully executed copy of the "Service Agreement between the City of Huntington Beach and Merchants Landscape Services, Inc. for MSC-521 Landscape Maintenance Sports Complex." Sincerely, 4q4ou Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand DEPARTMENT OF PUBLIC WORKS CONTRACT TRANSMITTAL and ROUTING SLIP Date: October 1, 2019 From: Debra Jubinsky, ext. 5321 Route To: 1. Director of Public Works 2. City Attorney—► 3. City Manager 4. City Clerk Re: Signature Requested City Service Agreement for MSC-521 Landscape Maintenance—Sports Complex Contract Summary Awarded Vendor Merchants Landscape Services, Inc. Scope of Services: Provide weekly landscape maintenance services at the Sports Complex, which consists of 45 acres of sports fields with both natural and artificial turf and includes groundskeeping, irrigation systems, fertilization, and trash removal. Provide extra work as needed subject to available budget and advance authorization by Public Works via regular purchasing process. Basis of Award: Competitive bidding via Planet Bids RFQ 805-2019 per attached bid results. Merchants Landscape Services, Inc. submitted the lowest bid; is a responsible bidder; and has provided acceptable service for City on recent contracts. Contract Amount: Bid price of$11,200 monthly; $134,400 annually $200,000 annual not to exceed limit Contract Term: 5 years with option for up to 2 one-year extensions. Not to exceed 7 years. City may terminate at any time with 30 days written notice. Budget: Funds are budgeted for this purpose in account 10085602.64620, Landscape Maintenance, Contracts for Repairs and Maintenance Sport Complex Vendor Annual Price Merchants Landscape $ 134,400.00 Evolution $ 143,100.00 Parkwood $ 225,324.00 Priority Landscape $ 255,900.00 BrightView $ 282,218.16 Mariposa Landscape $ 503,616.00 Landscape West Management $ 532,500.00 Pros ctive Bid Results Awards Sidtrrforrrtation tine Items dil Project Title Landscape Maintenance-Sports Complex MSC 521 Invitation# 805-2019 Bid Posting Date August 5, 2019 4:27 PM(Pack) Project Stage Awarded Bid Due Date August 22, 2019 3:00 PM (Pacific) Response Format Paper only Project Type RFQ(Request For Quote) Response Types Line Item, General Attachments Type of Award Lump Sum Categories 90656- Landscape Architecture 98800-Roadside, Grounds, Recreational And Park Area Services 98803-Athletic Field Maintenance 98836- Grounds Maintenance: Mowing, Edging, Plant(Not Tree)Trimming, Etc. 98852 Landscaping(Including Design, Fertilizing, Planting,Etc.. But Not Grounds Maintenc License Requirements C27 Department Purchasing Address 2000 Main Street, Huntington Beach, California County Orange Bid Valid Liquidated Damages Estimated Bid Value StartlDelivery Date Project Duration CITY OF HUNTINGTON BEACH Public Works Department Sean Crumby, PE �u Director of Public Works April 21,2022 Mark Brower President Merchants Landscape Services, Inc. 1510 South Lyon Street Santa Ana,CA 92705 Subject: Sports Complex Landscape CPI Increase Request Dear Mr. Brower: This letter is in response to your request for a cost of living increase(letter dated January 27,2022 - attached). The City will allow a 2.2% increase effective July 1, 2022, as defined in Section 16 of exhibit A in the current Service Agreement. Per the Service Agreement, this increase is based on the Consumer Price Index(CPI),Los Angeles area—March of 2021 and is 2.2%(see attached). Therefore, effective July 1, 2022, Merchants Landscape Services Inc., can invoice for an additional 2.2%per the Service Agreement for Landscape Maintenance at the Sports Complex. Let me know if you have questions. Thank you. Sincerely, Bacon In?ny pons Manager DB/ct Enclosures cc: Justin Torres, Landscape Maintenance Supervisor Donna Switzer, Senior Deputy City Clerk 2000 Main Street, California 92648• Phone 714-536-5431 • www.huntiiigtonbeachca.gov 4i>merchants landscape services, inc. January 27, 2022 Justin Torres City of Huntington Beach 2000 Main St. Huntington Beach,CA. 92643 Regarding:Sports Complex Dear Justin, As per Section 6 of Merchants Landscape Services current contract for the City of Huntington Beach Sports Complex,we are requesting the referenced Cost of Living increase of 3.5% commencing July 1, 2022. Should you have any questions and need anything else please let me know. Sincerely, Mark Brower President 1510 South Lyon Street • Santa Ana • CA 92705 • Tel (800) 645-4881 • Fax (714) 972-3185 ("N I.ic.%1'56511 5 M p. C) p 'D r fl ZI X 0 CD to cl < C) r-� cs cn A oc� U t) �) �Q z 0 crj 'C p _- W.6 4, CJ m 4j 0 U 5 0 Tj o 2 E 2;> cu '. v 4 c cj 0 u C r. 0 w Q 7 '_ 0 tA W C QJ C-5 ci , 0 8 W.4 �02 < fs 0 el a)- -1-- -0 C Z 0 V 00 0 u tj U El E of} 'n z > "0 c �* Z 0 , m 4 6* Cd Q 0 E C < cn 71 -0 as c r E -�S o x to- 0 0 Er E u U ct 5, Cd 'M V " V. 4- 4.0 0 .0 0 0 d) ou = -Z f—I- t) J_- Q Q C: C3 0 c c- 'r) _Q S= 10 ;4 > V, M V ',= — z b rj c S: CC 4-4 0 Cj 0 t� 9 u n U . 0 C - it - cc 0 4 C �& CS 0-2 z 0 r. 18 1 q' T_ 0 Q t) cd rp tr: I— > 0 0 Ld 0 C4 � 3 2 .9 0 ? 1 .0 E C-0 ir > 0 C3 Cj at m I Q gn it, C� C; �. M. . — is 0 '-) V Q 0 c L > A 0 Z 06 p U.S.BUREAU OF LABOR STATISTICS Western Information Office Search Western Region Bu+eau of Labot Informatiwl>weaerri>News Release Consumer Price Index, Los Angeles area-March 2021 Area prices were up 0.5 percent over the past month,up 2.2 percent from a year ago News Release Information Prices In the Los Angeles area,as measured by the Consumer Price Index for All Urban Consumers(CPI-U),advanced 0.5 Tuesday,AN Tuesday,Apnl 13,2021 percent In March,the U.S.Bureau of Labor Statistics reported today.(See table A.)Regional Commissioner Christopher 3. Rosenlund noted that the March increase was influenced by higher prices for gasoline.(Data in this report are not seasonally adjusted.Accordingly,month-to-month changes may reflect seasonal Influences,) Contacts Technical information: Over the last 12 months,the CPI-U increased 2.2 percent.(See chart I and table A.)Food prices advanced 3.9 percent. (415)625-2270 Energy prices jumped 14.9 percent,largely the result of an increase in the price of gasoline.The Index for all items less food OLSmroSF(�bis.gov and energy rose 0.9 percent over the year.(See table 1.) www.bis gov egions west Media confecC (415)625-2270 Chart 1.Over-the-year percent change In CPI-U,Los Angeles LongBeach-Anaheim,CA, March 2018-March 2021 -Ail hems PDF Percent change -AB eemsless food and energy PDF version 4.0 l 3.0 ..__- _ Related Links�_. ._.._....__.._.�._. v CPI hislndcat dalwbascs 2,0 1.0 ' 0.0 1.!ar Jun Sep Dec Mar Jun Sep Dec Mar Jun Sep Dec filar 2018 2019 2020 2021 Source:U.S.Bureau of Labor Stallifi s. Food Food prices were unchanged for the month of March.(See table 1.)Prices for food at home declined 0.7 percent,but prices for food away from home advanced 0.7 percent for the same period. Over the year,food prices advanced 3.9 percent.Prices for food away from home advanced 4.1 percent since a year ago.Prices for food at home moved up 3.5 percent led,by higher prices for meats,poultry,fish,and eggs(6.6 percent). Energy The energy Index rose 4.9 percent over the month.The Increase was mainly due to higher prices for gasoline(8.0 percent).Prices for electricity and natural gas service both edged up 0.1 percent for the same period. Energy prices jumped 14.9 percent over the year,largely due to higher prices for gasoline(15.4 percent).Prices paid for natural gas service moved up 16.1 percent,and prices for electricity Increased 13.4 percent during the past year. All items less food and energy The index for all items less food and energy edged up 0.2 percent in March.Higher prices for apparel(39 percent)and recreation(3.3 percent)were partially offset by lower prices for education and communication(-1.9 percent)and new and used vehicles(-0.9 percent). Over the year,the Index for all items less food and energy rose 0.9 percent.Components contributing to the Increase included alcoholic beverages(11.1 percent),used cars and trucks(8.7 percent),other goods and services(3.9 percent),and shelter(0.9 percent).Partly offsetting the increases were price decreases in recreation(-1.9 percent)and education and communication(-1.1 percent). Table A.Los Angeles-Long Beach-Anaheim,CA,CPI-U 1-month and 12-month percent changes,all Items Index,not seasonally adjusted 1017 .2018 I.. 2019 2020 2021 Month �.1-month ; 12-month 1-month 12-month 1-moMh 3 12-month 1-month 12-month 1-month 124mmth January 091 2.1 0.8 3.6 0.7 3.2 08 31 02 0.9 I February 0.8! 2.7 0.7 3A 0A 2.5 0.3 3.4 0.4 1.0 March 03 2.7 0.4 3.8 0.6 27 -07 19 Ob 2.2 April 02 27 0.4 40 10 93 03 07 May 03 2b04 41 02 31 04 09 �. IJuno .22 -02 40 00 93 05 14 !July 03 2.51 0.2 39 01 3.3 OB 19 (, August I 09 28 02 3.9 00 9.0 01 20 September 04 31 05 39 05 30 -03 12 .... .... I Dctaber 04 91 05 41. 07 3.2 02 07I 1 November f 01 98 -09 38 9 32 01 December f 00� 98 ,-0.3� 32' -0-08 3.0 02I 16] _i...... .._ .-.._ ......._ __.._. ....... .. .._.... _...__ _..........07- _ ....._ _.»..._.._ ._ The April 2021 Consumer Price Index for the Los Angeles area is scheduled to be released on May 12,2021. Coronavirus(COVID•19)Pandemic Impact on March 2021 Consumer Price Index Data Data collection by personal visit for the Consumer Price Index(CPI)program has been suspended since March 16,2020.When possible,data normally collected by personal visit were collected either online or by phone.Additionally,data collection in March was affected by the temporary closing or limited operations of certain types of establishments.These factors resulted in an increase In the number of prices considered temporarily unavailable and Imputed. While the CPI program attempted to tolled as much data as possible,many Indexes are based oil smaller amounts of collected prices than usual,and a small number of Indexes that are normally published were not published this month,Additional information Is available at h_Ups://www.his.gov/covldlg/effects-of-covld-l9-oandemlc-on-consumer-price-index.htm. Technical Note The Consumer Price Index(CPI)is a measures of the average change in prices over time in a fixed market basket of goods and services,The Bureau of Labor Statistics publishes CPIs for two population groups:(1)a CPI for All Urban Consumers(CPI-U)which covers approximately 93 percent of the total U.S,population and(2)a CPI for Urban Wage Earners and Clerical Workers(CPI-W)which covers approximately 29 percent of the total U.S.population.Tice CPI-U Includes,in addition to wage earners and clerical workers,groups such as professional,managerial,and technical workers,the self-employed,short-term workers,the unemployed,and retirees and others not in the labor force. The CPI Is based on prices of food,clothing,shelter,and fuels,transportation fares,charges for doctors'and dentists'services,drugs,and the other goods and services that people buy for day-today living,Each month,prices are collected In 7S urban areas across the country from about 6,000 housing units and approximately 22,000 retail establishments-department stores,supermarkets,hospitals,filling stations,and other types of stores and service establishments.All taxes directly associated with the purchase and use of Items are included in the index, The Index measures price changes from a designated reference date;For most of the CPI-U the reference base is 1982-84 equals 100.An Increase of 7 percent from the reference base,for example,is shown as 107.000. Alternatively,that relationship can also be expressed as the price of a base period market basket of goods and services rising from$100 to$107.For further details see the CPI home page on the Internet at www,bls.ggyLCgj and the CPI section of the BLS Handbook of Methods available on the internet at www.b1s.ygv(g WW1 1 m pJ. In calculating the index,price changes for the various items in each location are averaged together with weights that represent their Importance In the spending of the ` appropriate population group.Local data are then combined to obtain a U.S.city average,Because the sample size of a local area Is smaller,the local area index is subject { to substantially more sampling and other measurement error than the national index.In addition,local Indexes are not adjusted for seasonal influences.As a result,local {I# area Indexes show greater volatility than the national Index,although their long-term trends are quite similar.NOTE:Area indexes do not measure differences In 1 the level of prices between titles;they only measure the average change in prices for each area since the base period. The Los Angeles-Long Beach-Anaheim,CA metropolitan area Includes Los Angeles and Orange Counties in California. Information in this release will be made available to sensory Impaired individuals upon request.Voice phone:(202)691-5200;Federal Relay Service:(800)877-8339. #€ Table 1.Consumer Price Index for All Urban Consumers(CPI-U):Indexes and percent changes for selected periods Los Angeles-Long Beach-Anaheim(1982-84-100 unless otherwise noted) _ _ ... _. Indexes ( Percent change from- I l j Item and Group Jan. Feb. Mar. Mar. Jan Feb. ` 2021 ( 2021 2021 2020 2021... 2021 - 4 i t i 1 Expenditure category .._. _ _ ... .. ' ... __. ... .... (,tth pAll item. ............ ..._.. ...._. 80178 2...2.I ....0..9 05 ....... . .. . ... Al .items 827771 831.223 835.057�„ f 1 ` Food and beverages 282 411 2:3.5221 283.506 4.4 0.4 0.0 -Food 282453, 23.715i 283.750 391 05 00 __. I -Food a,home , 265426 269.2171 287292 35 07; -07 I Cereals and bakery products i 274,140 277500i 281430 36 271 14 _. It t Meats,poultry,fish,and eggs 290 5291 MAW 302.461 6.6 4.1 1.0 t Dairy and related products _ j 263.911 _. 261 590 259 853 3.9 1 6� 0 7 (, Fruits and vegetables 364.4301 363.626 358.0421 2 61 1.8� 1 5� 1. Nonalcoholic beverages and beverage materialoW 270.014f_,. 275,704 266.265 a , 0 8 2 7 1. Other food at home 189 498 263 485 198 6241 1.61 0.0 1.9 1 Food away from home 296.186 294.972i 296.916 41 02 0.7 .. ...._ _ -- {. 261.550j 280.BN _.,,.. -0.21Alcoholic beverages ges 097 ,.. 4 Housing 328.0531 326.591 i 0.5 0.2( 324 847 ....... _..._ ., ... ..1 Shelter ) 374 862 375 778i 375 676 0 9 0.2 0.0{ Rent of primary residence0h ....,,�, 399228;..,.,. 401.1671 400.952, 0.9 0.4 -0A Owners'squly.rent of residences(11W 391.601 i 392 372 392.22741.2 1 0.2 0 Dj I. ..... .._ _.. Owners'equiv,rent of primary residenco(DW 391570 392.3491 392 204i i 2i 02 0 01 Fuels and utilities 3632M 372.5381 373221( 121 27� 02 Household energy 314114 325.b29 325.985� .140! ..,38 -01,( L... ._ ._...... ....._...-..... .---.... .. ._................ ......... _....-........ -. . __ (. .... ...... ..................-......'-_'___.........._........._ __..................._.._............................,__._..-..___ . .........._........................ . Footnotes I, 1(I)Indexes on a December 1977=100 base (2)This Index series was calculated using a Laspeyres estimator.All other deco stratum index series were calculated using a geometric means estimator. !, (3)Indexes on a December 1982=100 base, (4)Special index based on a substantially smaller sample. i 4 (5)Indexes on a December 1993=100 base. I %(6)Indexes on a December 1997=100 base. 1 -Data not available ' i NOTE:Index applies to a month as a whole,not to any specific data. is i I Indexes ( Parcem change from• Item and Group Jan Feb. Mar. i Mar. Jan. Feb. 2021 2021 2021 + 2020 2021 2021 . ....... ._....... f ........,... Energy aervlcea( 3127071 324104! 324.444: 14.1 3.8 01, ElectdcilytU 380.746 381,106 381,498 13.4 5.8 0.1 Utility(piped)gas service( j 258013 250558 250.837 te.11 20, 0.1 i t Household furnishings and operations i 118378, 1174801 120.176 0.8 I.S. 2.31 99€ Apparel I 107 232 107 305' 111 445 1 7 3.9. 3.9 i hnaponatlon 208 813� 211 493 7 216.878 4 9 3.9 2 5 ... .__ ... ..... Private transportation - 208134�.,. 2134/81 218064I 80 48 22 New and used motor vehlelesl!) 91787, 92.647 91675i 1.Oi 01 -0 8 .�..,..._Newvehlcieslll 1 1687491 172218 171386. 0.1: 1.8 06) Uwd ure end hlrekaU) ' 214903 286.569 293 092 8.7 2 9� 2.3' Motor fuel 152.741 270.4181 291.927 15.41 16.5 8.0.. Gasoline(all types) 1 24&904. 264.181 285,179 15.4 15.5' 8.0 _.. ........ ... ....._. Gasoline 48 unleaded regularW 2180 263 769 2e4.672 55.5 15.7 8.0' Geeoline unleaded mldgradeWw I 238.8941 255,014 j 273.815 14.1 14.61 7.4 .. ... ...... ...__ i _..-... .....,. Gasoline unleaded remiuml4l 240.W61258 056'1 276.184 15.6 14.8. 7.9. P Motor vehicle InsuranceW 802 688 802 689 802.689 2.1 0 D 0.0 Medical care 1....._ 609.5471.1 607.2861. 505 630 1 1 0.6 -0.3 i Recreaffon(J i 102102 _ 102330 105756i I,9 3.6 3.3 I Education and communiuUcow 149515 149850 1470201 -1.1 -1.7� -1.9 1 7Uition,other school fees and child eared+) i 11,910.4041 1910 4041 11,1)11.1.768 215. 0.1 0.1 _ _ .._ . 1. Olhar goods and sarviees I 462 877' 4t18 0521 482 504 3 9 i 011 •0 9. .........__ .._...._......._....._._...... ..... ........ ...__.....-..._-..._._. f..__............_...,. ._....... ......._........ ...._.__...__.....__. _.___...._-___ ... _ __.... .. commodity and service group 4. IAli Commodities r_... $--evsra u... ._..._.. ._........_ .....__ _....... .l_.......16ti.885�..._ 139.84I 14_2.4671 ..401. ..........43�_.. 24! t Commodities less sod b g 3 ................ .......... ................... .. .._ 1... ... . 9 !. � Nondunbles lace food t:bavon es 184 1961 188 403i 194 778 5.0 5.7 3.4, Durables - .. 907721 91369 92148i 23f 15i 09------------- i Services _ 363.933 364.297. 364.509i 1.2 0.2 0.11 i. ........ _._ - _... ... .......... . .. ......._ ..._ .... ... _...... .....__ ___ Special aggregate Indexes. All items less medic,I car-,*, 272 925j 2 3 1[ 0 0.5 !. .. _ I Allltemsless.a hall ar 2384591 2397301_ 241621� 301 13 08 --------------- jCommodities less food 142100Tj 144.3501 1147,596 4.4 3.8 2.2 ...._.. ......_... ... ... ... ............_ _..._ .. .._._._.. .. �Nonduobles 234 4991 237175 240.376 4.61 2.5 1.3 Nonduroblesleesfood l 1917291 195613 201533� 5.Br 5.1t &Q Services less rent of sholter(D I 3b7 9691 357 544 368 2141 1.61 0.11 0.2 Services less medical care services I 350 349 350.902 351 183 1 i i 0.2' .1111.11 01 .... ... Energy_ __...I 2784331 291972 300138? 149i 107 49 i All items leas energy -- 282 653 282 866, 283 317 1 4) '0.2' 0.2 .. .. .. .. .. A .. .. .. ... All items lase food and energy 282 8481 282 8801..- 283.389 0.9 0.2 0.2 Footnotes (1)Indexes on a December 1977=100 base- (2)This Index series was calculated using a Lospeyres estimator.All other Item stratum Index sodas were calculated using a geometric means estimator. 1 i(3)Indexes on a December 1982=100 base. 1(4)Special index based on a substantially smaller sample. j 1(5)Indexes on a December 1993-100 base. It j(6)Indexes a1 a December 1907.100_ __ ._. _. bass. ._......... ...._...... ...... ............__......._..............._.__.._-................_.,....-..........................._.......................__....._....•................................_._._........................--'---.........__............................................................__.........._..........�........---.......... Data not available i NOTE:Index applies to a month as a whole,not to any specific date. I Last Modified Date:Tuesday,April 13,2021 U.S.BUREAU OF LABOR STATISTICS Western Information Office Attn:EA&1,90 Seventh Street Suite 14-100 San Francisco,CA 94103-6715 Telephone:1-415-625-2270_wwly Is gWjrcginn5/wa9 Contact Western Bcgm1 r