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HomeMy WebLinkAboutEvolution Landscaping, Inc. - 2019-10-01 (2) AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND EVOLUTION LANDSCAPING, INC. FOR MSC-522 LANDSCAPE MAINTENANCE—CENTRAL PARK 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 EVOLUTION LANDSCAPING, INC., a California Corporation, hereinafter referred to as"Contractor." WHEREAS, City and Consultant are parties to that certain agreement, dated October 1,2019, entitled"Service Agreement Between The City of Huntington Beach and Evolution Landscaping, Inc., for MSC-522 Landscape Maintenance—Central Park" 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, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. TERM The term of the Agreement is extended for two additional years 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. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on` SLL(\' _ Lf , 2024. 24-14649/340831 1 EVO UTION LANDSCAPING, INC. CITY OF HUNTINGTON BEACH,a municipal corporatio State of California By: V Y print name ll�� ITS: (circle one)Chairman residennVice President City Manager AND INITIATED AND APPROVED: By: arat,tiot - Amelick Ion(tin � /�� printt name / ITS:(circle one)Secretary/Chief Financial Director of Public Works Officer/Asst, Secretary-Treasurer APPROVED AS FORM: 67' Ci Attorney RECEIVE AND FILE: City Clerk 24-14649/340831 2 � T �ACOREP CERTIFICATE OF LIABILITY INSURANCE DATE(RIMIDDIYYYY) 2/29/2029 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(ies)must 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 Bertha Guerrero NAME: Valiant Insurance Agency, Inc. IAr�No,Esn: (714)243 9070 FAX No (626)522-6211 Lic. #0M04649 E-MAIL bguerrero@valiantins.com ADDRESS: 1913 E. 17th Street, Suite 210 INSURER(S)AFFORDING COVERAGE NAICC Santa Ana CA 92705-3922 INsuRERA:Associated Industries Insurance Company 23140 INSURED INSURER B:Security National Insurance Company 19879 Evolution Landscaping, Inc, INSURER C:Technology Ins. Co. Inc. 42376 DBA: Evolution Landscaping & Plumbing INSURER D: 18931 Gothard St INSURERE: Huntington Beach CA 92648 INSURERF: COVERAGES CERTIFICATE NUMBER:29/25 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 SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER IMMIDDIYYYY) (MM1DDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE X OCCUR PREMIA SES{E TO(RENTED PR EMI Ea occurrence) S 100,000 AES123765000 11/27/2023 11/27/2024 MED EXP(Any one person) S Excluded PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY X PEQ LOC PRODUCTS-COMIP/OPAGG $ 2,000,000 Deductible S 5,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) S B 1— ALL OWNED SCHEDULED SPP1775133 1/19/2024 1/19/2025 BODILY INJURY(Per accident) S AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AU70$ (Per accident) Uninsured motorist comb'ned singe $ 1,000,000 UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5,000,000 A x EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION S EXA124050200 11/27/2023 11/27/2024 S WORKERS COMPENSATION X PER OW- AND EMPLOYERS'LIABILITY STATUTE ER _ VIN ANY PROPRIETORlPARTNERfEXECUTNE NIA E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? TWC4400192 3/1/2024 3/1/2025 C (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1 000,000 ::R0I ED AS TO FORM. r ; , , ( may required) MICHAEL E.GATES DESCRIPTION OF OPERATIONS 7 LOCATIONS I VEHICLES ACORD 101,Additional Remarks Schedule, be attached if more space Is re wired Re: City of Huntington Beach Resolution 2008-63 CITY ATTORNEY City of Huntington Beach, its officers, elected or appointed officials, employee1. tfy],1}{ttetgCH are named as additional insured as respects to general liability as required by i t e attached AESGL209 0319, CG2010 0709, CG2037 0704, Waiver of Subrogation applies per the attached CG2404 12/19, Primary Non-Contributory applies per the attached NXGL009 0809. WC Waiver of Subrogation applies per attached WC040306 04-84. Auto Additional Insured endorsement applies per the attached CA9901870715 includes Primary Non-Contributory and Waiver of Subrogation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 2000 Main St. ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Kevin Markel/KEVIN l ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) I •K'?,j;,t t7 YR 1:D1)21in 2:55 COMMENTS/REMARKS 30 day notice of cancellation applies with 10 days for non-payment of premium. • OFREMARK COPYRIGHT 2000, AMS SERVICES INC. POLICY NUMBER: AES1237650 00 COMMERCIAL GENERAL LIABILITY CG20100704 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, elected or With respect to monthly landscape service performed appointed officials, employees, agents and volunteers to medians, roadsides, and parks at which you 2000 Main St performed work for such additional insured as Huntington Beach, CA 92648 required per written contract 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 equip with respect to liability for"bodily injury", "property ment furnished in connection with such work, on damage" or "personal and advertising injury" the project (other than service, maintenance or caused, in whole or in part, by: repairs) to be performed by or on behalf of the 1. Your acts or omissions; or additional insured(s) at the location of the 2. The acts or omissions of those acting on your covered operations has been completed; or behalf; 2. That portion of "your work" out of which the in the performance of your ongoing operations for injury or damage arises has been put to its in- the additional insured(s) at the location(s) desig- tended use by any person or organization other Hated above. than another contractor or subcontractor en- gaged in performing operations for a principal B. With respect to the insurance afforded to these as a part of the same project. additional insureds, the following additional exclu- sions apply: CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: AES1237650 00 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Name of Additional Insured Person(s) or Organization(s): Location and Description of Completed Operations City of Huntington Beach, its officers, elected or With respect to monthly landscape service performed appointed officials, employees, agents and volunteers to medians, roadsides, and parks at which you 2000 Main St performed work for such additional insured as Huntington Beach, CA 92648 required per written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ Policy#AES123765000 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4.of SECTION IV:COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above,this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary,co-insurance,or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 } CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Person(s) Or Organization(s): Any person or organization you have agreed in a written and executed contract,prior to an"occurrence", that you would provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organizations) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. • CG 24 04 1219 ©Insurance Services Office, Inc.,2018 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named In the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 3/1/2023 Policy No. TWC4229976 Endorsement No. 0 Insured Evolution Landscaping, Inc Insurance Company Technology Insurance Company, Inc. Countersigned by WC 04 03 06 (Ed.04-84) CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Person(s)Or Organization(s): Any person or organization you have agreed in a written and executed contract,prior to an"occurrence", that you would provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy. Information required to complete this Schedule, If not shown above,will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. CG 24 04 1219 ©Insurance Services Office, Inc.,2018 Page 1 of 1 POLICY NUMBER: SPP1775133 COMMERCIAL AUTO CA990187 0715 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed a. An "employee" of yours is an "insured" Organizations, Employee Hired Car while operating an "auto" hired or rented Liability and Blanket Additional Insured under a contract or agreement n that Status for Certain Entities. "employee's" name, with your Item 1.Who Is an Insured of Paragraph A. permission, while performing duties Coverage under SECTION II - COVERED related to the conduct of your business. AUTOS LIABILITY COVERAGE is f. Any person or organization you are amended to add: required by written contract or d. Any organization you newly acquire or agreement to name as an additional form, other than a partnership,joint "insured", but only with respect to venture or limited liability company, and liability created in whole or In part by over which you maintain ownership of a such agreement. majority interest (greater than 50%), will B. Increase Of Loss Earnings Payment qualify as a Named Insured; however, Subpart(4) of a. Supplementary Payments (1) coverage under this provision is of Item 2. Coverage Extensions of afforded only until the 180th day . Paragraph A. Coverage under SECTION II after you acquire or form the - COVERED AUTOS LIABILITY organization or the end of the policy COVERAGE is amended to read: period, whichever is earlier; (4) We will pay reasonable expenses (2) coverage does not apply to "bodily incurred by the"insured" at our injury", "property damage" or request, including actual loss of "covered pollution cost or expense" earnings up to $1,000 per day that results from an "accident"which because of time off from work. occurred before you acquired or C. Fellow Employee Injured By Covered formed the organization; and Auto You Own Or Hire (3) coverage does not apply if there is Item 5. Fellow Employee of Paragraph B. other similar insurance available to Exclusions under SECTION II - COVERED that organization, or if similar AUTOS LIABILITY COVERAGE is insurance would have been amended to add: available but for its termination or the exhaustion of its limits of This exclusion does not apply if the"bodily insurance. injury" results from the use of a covered "auto" you own or hire. Such coverage as This insurance does not apply if is afforded by this provision is excess over coverage for the newly acquired or any other collectible insurance. formed organization is excluded either by the provisions of this coverage form or by endorsement. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 5 Used with permission D. Limited Automatic Towing Coverage G, "Personal Effects" Coverage Item 2. Towing, of Paragraph A. Coverage, Item 4. Coverage Extensions of Paragraph under SECTION III - PHYSICAL DAMAGE A. Coverage, under SECTION III - COVERAGE is amended to read: PHYSICAL DAMAGE COVERAGE, 's amended to add: 2. Towing "Personal Effects" Coverage We will pay for towing and labor costs each time that a covered "auto" is We will pay actual cash value for"loss"to disabled. All labor must be performed at "personal effects" of the "insured"while n the place of disablement of the covered a covered "auto"subject to a maximum "auto". limit of$2,500 per"loss", for that covered "auto" caused by the same "accident". No a. The limit for towing and labor for deductible will apply to this coverage. each disablement Is $500; b. No deductible applies to this cover- H. "Downtime Loss" Coverage age. Item 4. Coverage Extensions, of e- HittingA Bird Paragraph A. Coverage, under SECTION E Item 3. Glass Breakage III. PHYSICAL DAMAGE COVERAGE, is Or Animal - Falling Objects or Missiles of amended to add: Paragraph A. Coverage under SECTION III - PHYSICAL DAMAGE COVERAGE, is "Downtime Loss" Coverage amended to add: We will pay any resulting "downtime loss" Glass Repair Coverage expenses you sustain as a result of a covered physical damage "loss"to a We will waive the Comprehensive covered "auto" up to a maximum of$100 deductible for Glass, if one is indicated on per day, for a maximum of 30 days for the your covered "auto", for glass repairs. We same physical damage"loss", subject to will repair at no cost to you, any glass that the following conditions: can be repaired without replacement, a. We will provide "downtime loss" beginning provided the"loss" arises from a covered t�, Comprehensive "loss"to your"auto". on the 5 day after we have given you F. Increase Of Transportation Expense our agreement to pay for repairs to a Coverage covered "auto" and you have given the repair facility your authorization to make Subpart a. Transportation Expenses of repairs; Item 4. Coverage Extensions of Paragraph. b. Coverage for"downtime loss" expenses A. Coverage under SECTION 111• will end when any of the following occur: PHYSICAL DAMAGE COVERAGE is amended to read: (1) You have a spare or reserve "auto" available to you to continue your a. Transportation Expenses operations. We will pay up to $50 per day to a (2) You purchase a replacement"auto". maximum of$1,000 for temporary transportation expense incurred by you (3) Repairs to your covered "auto" have because of the total theft of a covered been completed by the repair facility "auto" of the private passenger type. and they determine the covered We will pay only for those covered "auto" is road-worthy. "autos"for which you carry either (4) You reach the 30 day maximum Comprehensive or Specified Causes of coverage. Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of5 Used with permission I. Rem 4. Coverage Extensions, of d. Contraband or property in the course Paragraph A Coverage, under SECTION of illegal transportation or trade. Ill. PHYSICAL DAMAGE COVERAGE, is e. "Loss" caused by theft, unless there is amended to add: evidence of forced entry into the We will pay any resulting rental covered "auto" and a police report is reimbursement expenses incurred by you for filed. a rental of an "auto" because of"loss"to a K Accidental Airbag Discharge Coverage covered "auto" up to a maximum of$100 per day, for a maximum of 30 days for the same Item 3.a. of Paragraph B. Exclusions under physical damage "loss", subject to the SECTION III - PHYSICAL DAMAGE following conditions: COVERAGE is amended to read: a. We will provide rental reimbursement a Wear and tear, freezing, mechanical incurred during the policy period or electrical breakdown. The beginning 24 hours after the "loss" and exclusion relating to mechanical ending, regardless of the policy break-down does not apply to the expiration, with the number of days accidental discharge of an air bag. reasonably required to repair or replace L Loan or Lease Gap Coverage the covered "auto". If the "loss" is Paragraph C. Limit Of Insurance under caused by theft, this number of days is SECTION III- PHYSICAL DAMAGE the number of days it takes to locate the. . COVERAGE b amended to add: covered "auto" and return it to you or the number of days it takes for the claim to If a covered "auto" is owned or leased and be settled, whichever comes first. if we provide Physical Damage Coverage b. Our payment is limited to necessary and on it, we will pay, n the event of a covered Total 'loss", any unpaid amount due on the actual expenses incurred. lease or loan for a covered "auto", less: c. This coverage does not apply while a The amount paid under the Physical there are spare or reserve "autos" Damage Coverage Section of the available to you for your operations. policy; and d. If a"loss" results from the total theft of a b. Any covered "auto"of the private passenger type, we will pay under this coverage (1) Overdue lease or loan only that amount of your rental payments including penalties, reimbursement expenses which is not interest or other charges already provided for under the Physical resulting from overdue Damage Coverage Extension. payments at the time of the J. "Personal Effects" Exclusion "loss"; Paragraph B. Exclusions under SECTION (2) Financial penalties imposed abnor a lease for excessive use, III- PHYSICAL DAMAGE COVERAGE, is abnormal wear and tear or high amended to add: mileage; "Personal Effects" Exclusion (3) Costs for extended warranties, We will not pay for"loss" to "personal Credit Life Insurance, Health, effects" of any of the following: Accident or Disability Insurance a Accounts, bills, currency, deeds, purchased with the loan or evidence of debt, money, notes, lease; securities or commercial paper or (4) Security deposits not refunded other documents of value. by the lessor; and b. Bullion, gold, silver, platinum, or other (5) Carry-over balances from precious alloys or metals; furs or fur previous loans or leases garments;jewelry; watches; precious or semi-precious stones. a Paintings, statuary and other works of art. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 3 of5 Used with permission M. Aggregate Deductible (3) An "executive officer" or director, if Paragraph Q Deductible under SECTION you are a corporation; Ill - PHYSICAL DAMAGE COVERAGE is (4) A manager or member, if you are a amended to add: limited liability company; Regardless of the number of covered (5) Your insurance manager; or "autos" involved n the same "loss", only (6) Your legal representative. one deductible will apply to that"loss". If the deductible amounts vary by"autos", P. Waiver Of Subrogation For Auto Liability then only the highest applicable deductible Losses Assumed Under Insured Contract will apply to that"loss". Item 5. Transfer Of Rights Of Recovery N. Diminishing Deductible Against Others To Us of Paragraph A. Paragraph D. Deductible under SECTION Loss Conditions under SECTION IV- III- PHYSICAL DAMAGE COVERAGE is BUSINESS AUTO CONDITIONS is amended to read: amended to add: Any deductible will be reduced by the 5. Transfer of Rights of Recovery percentage indicated below on the first Against Others To Us "loss" reported during the corresponding If any person or organization to or for policy period: whom we make payments under this Coverage Form has rights to recover damages from another, those rights are Loss Free Policy Periods . Deductible transferred to us. That person or With the Expansion Reduction on the organization must do everything Endorsement first"loss" necessary to secure our rights and must I 0% _ do nothing after an "accident"or"loss" 2 25% to impair them. However, if the insured has waived those rights to recover 3 50% through a written contract, we will waive 4 75% any right to recovery we may have 5 100% under this Coverage Form. If we pay a Physical Damage "loss" during Q. Insurance Is Primary and the policy period under any BUSINESS Noncontributory AUTO COVERAGE FORM you have with Subpart a of Item 5. Other Insurance of us, your deductible stated n the Paragraph B. General Conditions under Declarations page of each such SECTION IV- BUSINESS AUTO COVERAGE FORM will not be reduced on CONDITIONS is amended to read: any subsequent claims during the remainder a This insurance is primary and of your policy period and your deductible noncontributory, as respects any other reduction will revert back to 0%for each insurance, if required in a written such COVERAGE FORM if coverage is contract with you. renewed. 0. Knowledge of Loss and Notice To Us R. Other Insurance- Hired Auto Physical Damage Subsection a of Item 2. Duties In the Event Subpart b. of Item &Other Insurance of of Accident, Claim, Suit or Loss of Paragraph B. General Conditions under Paragraph A. Loss Conditions under SECTION IV- BUSINESS AUTO SECTION IV— BUSINESS AUTO CONDITIONS is amended to read: CONDITIONS is amended to add: However, prompt notice of the "accident", b. For Hired Auto Physical Damage claim, "suit"or"loss"to us or our Coverage, the following are deemed to be covered authorized representative only applies "autos"you own: after the"accident", claim, "suit" or"loss" is (1) Any covered "auto"you lease, known to: hire, rent or borrow; and (1) You, if you are an individual; (2) A partner, if you are a partnership; CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 4 of 5 Used with permission (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". S. Unintentional Failure To Disclose Hazards Paragraph B. General Conditions under SECTION IV- BUSINESS AUTO CONDI- TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided that such failure to disclose all hazards is not intentional. However, you must report such previously undisclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V- DEFINITIONS is amended to add: "Personal effects" means personal property owned by the "insured". "Downtime loss" means actual loss of "business income"for the period of time that a covered "auto": 1. Is out of service for repair or replacement as a result of a covered physical damage "loss" and 2. Is n the custody of a repair facility if not a total "loss". "Business Income" means: 1. Net Income (Net Profit or Loss before income taxes)that would have been earned or incurred; and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headings and Titles are inserted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 5 of5 Used with permission SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND Evolution Landscaping,Inc. FOR MSC-522 Landscape Maintenance—Central Park 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 EVOLUTION LANDSCAPING, 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 maintenance includingall ll aspects of grounds keeping irrigation systems, plant maintenance fertilization etc as described in specifications and scope of work . 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. s 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 Salvador Ibarra 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 $350,000 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. Assignment Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the 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 Evolution Landscaping, Inc. Attn: Denny Bacon ATTN: Salvador lbarra, President 2000 Main Street 1709 W. Santa Ana Blvd. Huntington Beach, CA 92648 Santa Ana, CA 92703 714-541-7993 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-. ly: nCITY OF HUNTINGTON BEACH, a municipal corporation of the State of _ California \ 1 � o �c,1V(tfllly 1��'�� INITIATED AND APPROVED: print name ITS: (circle one) Chairman4qjidj Vice President AND Tom He Ael, . . Acting Director of Public Works Ct By: A41 t Arw1,11 u T�GY`{�A APPROVED AS T ORM: print name ITS: (circle one) SecretaryNice-Presiden Chief Financial Office Asst. Secretary-Treasurer City Attorney E A PP OVED: City Manager Oate RECEIVED: City Clerk 101�5��°1 � 2016 Page 9 of 9 ,'a l EXHIBIT A Page 1 of 72 SECTION A INVITATION TO BID MSC-522 LANDSCAPE MAINTENANCE - CENTRAL PARK 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 Huntington Beach Central Park,which consists of 120 landscaped acres. Such tasks include but are not limited to weekly grounds maintenance,irrigation systems maintenance,trash removal, and chemical application to be performed on a pre-determined schedule at regular intervals. Proposal Guarantee: The bid must be accompanied by a bidder's bond,certified check,or cashier's check made payable to the AGENCY for an amount no less than 10%of the amount bid. The AGENCY reserves the right to reject any or all bids,to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. Central Park Section A Page 1 EXHIBIT A Page 2 of 72 SECTION B INSTRUCTIONS TO BIDDERS MSC-522 LANDSCAPE MAINTENANCE - CENTRAL PARK 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. 07252019 Central Park Section B Page I EXHIBIT A Page 3 of 72 4. Delivery of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for LANDSCAPE MAINTENANCE—CENTRAL PARK MSC#522 in the 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 07252019 Central Park Section B Page 2 EXHIBIT A Page 4 of 72 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. 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 G 0) 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 07252019 Central Park section B Page 3 EXHIBIT A Page 5 of 72 bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 15. Award of Contract The award of contract, if made, wilt 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) terms. 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 fullcompensationnew annual cone act Contractor for allall costs and expenses, of whatever type or nature and shall become 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 07252019 Central Park Section B Page 4 EXHIBIT A Page 6 of 72 within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised. 19. Submission of Insurance The successful bidder will be required to furnish the necessary insurance to the AGENCY within 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. 07252019 Central Park Section B Page 5 EXHIBIT A Page 7 of 72 SECTION C PROPOSAL FORMS for MSC 522 Landscape Maintenance — Central Park 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 plans 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(s),plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work and that THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes,royalties,fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY may reject all bids and readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract,the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid,find Maer's dDnd (insert the words "Cash", "Certified Check",or "Bidder's Bond", as the case may be) in the amount of$ OR 1 cJa�- which said amount is not less than 10%of the aggregate of the total bia price, as required by the Instructions to Bidders,payable to the AGENCY. 20190409 Central Park Section C Page 1 EXHIBIT A Page 8 of 72 Liberty Mutual Surety Liberty Attention:LMS Claims ✓✓✓ P.O.Box 34526 I�Mutqql. Seattle,WA 98124 SURETY Phone:206-473-6210 Fax:866-548-6837 Email:HOSCL@libertymutual.Com www.LibertyMutualSuretyClaims.com The Ohio Casualty Insurance Company BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS„That we, Evolution Landscaping Inc dba: Evolution Landscaping & Plumbing of P O Box 3279 Santa Ana, CA 92703 (hereinafter called the Principal)as Principal,and The Ohio Casualty Insurance Company with its principal office in the City of Boston Massachusetts (hereinafter called the Surety),as Surety,are held and finely bound unto City of Huntington Beach of Huntington Beach, California (hereinafter called the Obligee)in the penal sum of Ten Percent of Bid Amount Dollars 10% lawfiilmoney of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,successors and assigns, THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanying bid dated August 20, 2019 for MSC 522 Landscape Maintenance-Central Park NOW,THEREFORE,if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified;or if no time is specified within thirty days after the date of said award,or if the Principal shall,in the case of failure so to do,indemnify the Obligee against any loss the Obligcc may suffer directly arising by reason of such failure,not exceeding the penalty of this bond,then this obligation shall be null and void;otherwise to remain in full force and virtue. Signed,sealed and dated: August 19,2019 Evo ption Landscaping Inc dba: Evolution Landscaping& Plumbing Prui ciPal A�-(Y INS& The Ohio Casu Ity In urance Company 19 °O 19 —y s e� a o &AMvs�d By: , r Anthony IC u, (Attorney-in-fact) _k LMS-20885e 11/17 EXHIBIT A Page 9 of 72 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 OF CALIFORNIA County of Oran e AU Notary Public, On before me,_ Debra K Bell Date Insert Name of Notary exactly as it appears on the official seal personally appeared Anthony X.T. Yau Name(s)of sianer(a) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the " ?ERA KLL person(s), or the entity upon behalf of which the person(s) p COMM.#2297683 acted,executed the instrument. NOTARY F )C-CkWM A w 1 F" ORANGE COUNTY I,, I certify under PENALTY OF PERJURY under the laws of L ' Wj the State of California that the foregoing paragraph is true and correct. Witness ph`y ha4end r-'fficial seal. ? Signature" rf€; ..,. r t ,t Place Notary Seal Above Sigria ure of Nataty'ubllc OPTIONAL Though the andfcouldlprevent below is fraudulentreired mo al and reatta law it chment of rove the le to for to personsanother ydo docuon ment. document Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General Q Attorney in Fact ❑ Attorney in Fact [] Trustee � ❑ Trustee ❑ Guardian or Conservator FToof humb Where ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: EXHIBIT A Page 10 of 72 This Power of Attorney limits the acts of those named herein,and they have no authority to gg bind the Company except In the manner and to the extent herein stated. L'b►eYety Liberty Mutual Insurance Company mutuila The Ohio Casualty Insurance Company Cerfifcate No:8201585-966648 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Debra Bell, Vu I to Mariccla Lares Gerald Schumacher Esmeratda Ureno Anthony K T Yau all of the city of Brea state of California each individually it there be more than one named,its true and lawful attorney-in-fact to make, execute,seat,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,reoognizances and other surety obligations,in pursuance of these presents and shah be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 18th day of July 20t9 . Liberty Mutual Insurance Company t�tN9UR4 P11" lNSVq a tNsuR The Ohio Casualty Insurance Company y� gJ�apoR,Tyy oP°oSPORsrq�C+ West American insurance Company J$� Fo fi 1 0 V? 3 Fo m �3 Fofi 'p 912 0 1919 � � 1991 � (n `�� o s �� ai U1 d� S�cslu5�-dL OtialaPS'�,dL� �(s �N°IANI- da ' c a) ei7 * *� Syr * pN �M ,r >- By: David M.Carey,Assistant Secretary A m State ofPENNSYLVANIA c a County of MONTGOMERY ss to � c a) On this 1 Sth day of July 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance O o� Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes= > therein contained by signing on behalf of the corporations by himself as a duty authorized officer. 0 Lu >� IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia.Pennsylvania,on the day and year first above written. E n _� o 0 C sA c P PAS (y) Q ��ryFs�ot:Ylp4(6(� COMMONWEALTHNoarraOl SeaINNSYLVANIA ¢� 0j O OF T Teresa Paslella,Notary Public al 7_1 Ina O N 6 N Upper MerionTwp.,Montgomery County By: C - '�, ��w My Commisslon Expires March 28,2021 Teresa Paslella,Notary Public Ore yRV L`1 ��G Member,Pennsylvania Associationof Nola-les N O (0 � a5 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual 0 Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: 0 a) �6 ARTICLE IV—OFFICERS:Section 12.Power of Attorney. :9`2 o ro Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the @-a v_ >1 President may prescribe,shall appoint such attorneys-in-tact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o M c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall t N > have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such-N Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney n-fact under the C0 00 provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. o 0 ARTICLE X111—Execution of Contracts:Section 5.Surety Bonds and Undertakings. o cQ Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,t—.— shall appoint such attorneys-in-tact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,tecognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and affested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of'AttCrney executed by said Companies,Is In full force and effect and has not been revoked. AUG. i g 2019 0iJ IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seats of said Companies this—_day of~ 1NSIJ �Y ft& a 1NSURq �J `°RPOlt{T Yn yJ c°aPo�r Qgy �P`°µPo�rF C� 1912 o a 1919 1991 0 a d'Jl'��ACNUS da SOJ NgµpS���a�O YS �Hp7ANf -dad y Rcme.C.Llewellyn,Assisiant Secretary ei7 LMS-12873 LMIC OCIC WAIC Multi Co 062018 EXHIBIT A Pagel 1 of 72 Bidder shall signify receipt of all Addenda here,if any: Addenda No. Date Received Bidder's Signature 20190409 Central Park Section C Page 2 EXHIBIT A Page 12 of 72 PROJECT BID SCHEDULE City of Huntington Beach MSC 522 Landscape Maintenance - Central Park Base Bid Items: Item Na Item F. Bid:Amount Provide Landscape Maintenance Services per 1 specifications and exhibits— MONTHLY TOTAL $ 2'Z q H 0, 00 1A Provide Landscape Maintenance Services per specifications and exhibits— ANNUAL TOTAL TOTAL AMOUNT OF ITEM l A IN FIGURES $_ 2�� ��-�0 ' DC) TOTAL AMOUNT OF ITEM lA IN WORDS Two " U N DQED 5 Ev E M TY Fiv E T o gy S A N O Two R UN\)RED E1 btATY IA Nu �`0l\Mon Base bid items will be used for comparison of bids and to determine the lowest bid price. Extra Work and Additive bid items may be awarded at the discretion of the AGENCY at any point during the contract term as an addendum to base contract. Extra Work Bid Item(s): From time to time and at its sole discretion, City may request Contractor to provide additional labor and/or materials for additional services and/or miscellaneous improvements to the project area that is extra to the scheduled services required by the General Specifications. Contractor shall provide detailed quote to City in advance on a labor and material basis per the pricing below. Lump sum labor and material pricing for extra work improvements will not be allowed unless as specifically stated below. ITEM DESCRIPTION PRICE E1 Empty Trash Receptacle (in addition to any trash receptacle service $ t .0 5 included in base bid specifications)-- per can/per empty E2 Supervision — hourly labor $ �D5 �O 20190409 Central Park Section C Page 3 EXHIBIT A Page 13 of 72 Extra Work Bid Items: ITEM DESCRIPTION PRICE $ 55 .Oo E3 Foreman—hourly labor � 13 . oa E4 Laborer—hourly labor E5 Concrete Finisher—hourly labor $ 3 5 O� E6 Irrigation Technician —hourly labor $ tiq . 5o E7 Irrigation Repairman—hourly labor E8 Single Staking —material and labor, each $ US .00+ $ 00 E9 Double Staking--material and labor, each 120 . �- E10 Install Root Barrier—material and labor, per lineal foot $ 2.v0 E11 Install Sod —material and labor, per square foot E12 Ground cover—material and labor, per flat 32.00 �32.00 E13 Annual Color—material and labor, per flat E14 Shrub—material and labor, one gallon, each E15 Shrub—material and labor, five gallon, each E16 Shrub—material and labor, fifteen gallon, each E17 Tree—material and labor, fifteen gallon, each $ IDS. DO E18 Tree—material and labor, twenty-four inch box, each 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. E19 Parts—including irrigation system controllers, communications equipment, and sensors 20190409 Central Park Section C Page 4 EXHIBIT A Page 14 of 72 CENTRAL PARK SCOPE OF WORK Paris Area: 120 acres; 5,227,200 square feet FUNCTION QTY FREQUENCY 2X per week--Sunday&Wednesday EMPTY TRASH CANS ill 7 a.m.to 10 a.m, GROUNDS MAINTENANCE TURF MAINTENANCE Week) CLIPPING REMOVAL Week! LITTER REMOVAL Weekly PLAYGROUNDSAND CLEANING Weekl ROTOTILLTNG 6X er ear CHEMICAL APPLICATION EDGE TURF AREAS 6X per year PRE-EMERGENCE PLANTER BEDS 2X per year AERATE&FERTILIZE FERTILIZE TURF 5X per year FERTILIZE PLANTERS IX per year AERATE TURF (PLUG TYPE) SX per year VERTICAL MOW RENOVATION 1X per year WOOD CHIP PLANTERS IX per year TREE MAINTENANCE Per S eciftcations 20190409 Central Park Section C Page 5 EXHIBIT A Page 15 of 72 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the Stale qf California that the foregoing is true and correct and that this declaration is executed on B 4& (9, at (Scinto Rna , M Date City State SGlvQdr J bit ,being first duly sworn,deposes and says that he or she is Pf`2S1C�etrl� of VVo�Ufi on Vck nd SCa ih t,the party making-the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person,partnership,company, association,organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;that the bidder has not in any manner,directly or indirectly, sought by agreement,communication,or conference with anyone to fix the bid price,or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true; and,further, that the bidder has not, directly or indirectly,submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid,and will not pay fee to any corporation, partnership,company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. F.voWAA o 1 La+ndscuP�na, �n�. Name of Bidder Signature of Bidder 1 i OC1 W Santa RYNO QAvd JSGdo flna)GA 92�3 Address of Bidder 20190409 Central Park Section C Page 6 EXHIBIT A Page 16 of 72 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CITY OF HUNTINGTON BEACH NORTH PARKS - LANDSCAPE MAINTENANCE SERVICES, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined,to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed it!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. Eyol,ufion -andSCu�i nq� Int✓ C tractor By C're si d�.n�- Title Date: '� q 20190409 Central Park Section C Page 7 EXHIBIT A Page 17 of 72 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? © Yes U(No If the answer is yes,explain the circumstances in the space provided. Nate: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. 20190409 Central Park Section C Page 8 EXHIBIT A Page 18 of 72 COMPENSATION INSURANCE CERTIFICATE Pursuant to Sec tion 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. �,�I�lu�io�n 1..ahclSCu pi t nc. Contractor My k k�um By Pr2sid ev�� Title Date: 8 f 20190409 Central Park Section C Page 9 EXHIBIT A Page 19 of 72 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: � yo�u on LanCISCGUina lnc. Bidder Name ITogw Blvd , — Business Address �Sa�� Ana Ck1 q��3 City, State Zip Telephone Number C2Zl j C a p State Contractor's License No. and Class July 25, looto TU—T -, 2020 Original Date Issued Expiration Date Cor raft o Business Type(Sole, LLC, Corporation) State of Incorporation The work site(s)was/were inspected by tD T Ck Ma- of our office on pmq 3 20�--' The following are persons,firms,and corporations having a principal interest in this proposal: Glvacior 1loackyyg�sidev _ _ E gel n Doaura fldrni o 20190409 Central Park Section C Page 10 EXHIBIT A Page 20 of 72 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. o � La S C Q 1r1 C, Com y Name Signature of Bidder SalvadQ( Jtaffn Printed or Typed Signature -)•h Subscribed and sworn to before me this day of__.��u SV 20 I q NOTARY PUBLIC See Q#ZW-Aed a&MWM ern ey NOTARY SEAL Listed below are the names,address and telephone numbers for three public agencies for which the bidder has performed work of similar scope and amount within the past two years: l. _ See a-Whm yeg mce list. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 20190409 Central Park Section C Page 11 EXHIBIT A Page 21 of 72 ACKNOWLEDGMENT 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 of California ORANGE County of ) On AUGUST 16, 2019 before me, DIANA SASHENICA RAMIREZ BAUTISTA,NOTARY PUBLIC (insert name and title of the officer) personally appeared SALVADOR IBARRA who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DIANA SASHENKA RAMIREZ EIAUTISTA WITNESS my hand and official seal. NotaryPublic-California , Orange County Commission x 2229674 My Comm.Expires Jan 28,2022 it ���wvrvww� awl Signature (Seal) EXHIBIT A Page 22 of 72 4 SN K � T3 6 tnNUOPING 6 PLUMBING Evolution Landscaping was founded back in.2005 operating nonstop for 13 years now. Our vision is to be recognized by our clients,our team members and experts in our industry as the best landscaping company in our market area, and to grow and expand our service offerings throughout greater Counties in Southern California. In order to accomplish our vision and better serve our clients and community. Our employees are provided with support and encouragement in seeking professional growth and educational opportunities that are focused on various areas of landscape architecture, project management,team building and leadership skills.We provide our employees with a business environment that cultivates a sense of family, community,teamwork and adva rice rnent opportunities designed to promote long-tern employee retention and loyalty. Our mission is simple; it is to enhance the beauty and value of every client's property while working beyond their expectations every step of the way. it is to offer high-quality,competitively priced residential and commercial landscapes and maintenance.We use only premium grade materials to deliver custom design and maintenance services that surpass expectations.We view ourselves as partners with our clients,our employees,our community,and our environment. We are a full service landscape maintenance contractor servicing Orange, LA,Ventura, Riverside,San Diego,and Imperial Counties. We are located in the beautiful city of Santa Ana since our beginnings. We service over 180 apartment complexes,shopping centers,County facilities, private homes, hospitals hotels,clinics,schools,churches, and home owner associations, Evolution Landscape employs over 100 employees, plus our administration teams that are committed to providing our clients excellent customer service and assist them with all their landscaping needs. Currently we service properties in the following cities: Orange Downey Brea Santa Ana Yorba Linda Torrance Garden Grove West Covina San Juan Capistro Marina Del Rey Fountain Valley Mission Viejo Huntington Beach Downtown LA Lake Forest Newport Beach La Habra Rancho Cucamonga Whittier Oceanside As a company and as individuals,these values guide our actions w Exceptional quality ® Integrity ® Professionalism ® Building and shaping a better future ® "Give it your all" or"Work towards a better tomorrow' PO Box 3279 Santa Ana CA 92703 Tel.714.715.7993 and 714.541.7993 Fax.714.439.1146 Lic.881465 e 4I Ir+�{rrnr.;r EXHIBIT A Page 23 of 72 EVOLUTION LANDSCAPING, INC. , ,- r --- - REFERENCES ... €ANOSCAPING&PLUNK ESSEX PROPERTY TRUST ESSEX PROPERTY TRUST P.O Box 4265 P.O Box 4265 Woodland Hills,CA 91365 Woodland Hills,CA 91365 Contact: Bobby Sanchez Contact: Barry Latham Phone:949-433-9939 Phone:949-357-5676 Project Completion: Ongoing,January 2019 Project Completion: November 2018 Project Size in Monetary Value:$832,320/year Project Size in Monetary Value:$250,000 Monthly Service Contracts, Extra Work Irrigation and Landscape Upgrades UNITED DOMINION REALTY UNITED DOMINION REALTY P.O. Box 112040 P.O. Box 112040 Carrollton,TX 75011 Carrollton,TX 75011 Contact: Paul Lindemeyer Contact: David Miller Phone:949-706-4578 Phone:949-293-1377 Project Completion: November 2018 Project Completion: Ongoing, February 2019 Project Size in Monetary Value:$1,000,000 Project Size in Monetary Value:$555,483/year Irrigation and Landscape Upgrades Monthly Service Contracts HUNTINGTON WEST PROPERTY MANAGEMENT PACIFIC COAST COMMERCIAL Mt.San Antonio HOA 41 Corporate Park,Suite 230 Yorba Linda,CA 92886 Irvine, CA 92606 Contact: Rod Farley Contact:John Schmid Phone: 714-726-2329 Phone:949-870-3468 Project Completion: Ongoing Project Completion: Ongoing Project Size in Monetary Value:$117,600/year Project Size in Monetary Value:$120,528/year Monthly Service Contracts Monthly Service Contracts EXHIBIT A Page 24 of 72 r n� O -n O "S fb 3O1 n ari r —� as s (D �► O r = x N 0 � n a or`' 3 a r � O n. N m' EXHIBIT A Page 25 of 72 a STATE LICEENSE BOARD ACTIVE LICENSE K ». 881466 Fa CORP _ EVOLUTION LANDSCAPING INC DBA EVOLUTION LANDSCAPING & PLUMBING M C21 C36 07/31/2020 www.cslb.ca. ov 9 EXHIBIT A Page 26 of 72 GENERAL SPECIFICATIONS FOR CENTRAL PARK LANDSCAPE MAINTENANCE SERVICES 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: Central Park General Specifications Page I EXHIBIT A Page 27 of 72 a. Have been engaged successfully in the maintenance of automated/computerized irrigation systems, trees, shrubs, ground cover, turf areas and pest management services for a period of at least five (5) years at the time of the awarding of this contract. b. Agree to employ an English-speaking crewleader on a regular basis to supervise the work at the landscape sites. C. Be recognized by the City as well qualified to perform park and landscape maintenance on the basis of experience, expertise, equipment and financial stability. d. 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. i 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." Central Park General Specifications Page 2 EXHIBIT A Page 28 of 72 A. 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 a 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 Central Park General Specifications Page 3 EXHIBIT A Page 29 of 72 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 Central Park General Specifications Page 4 EXHIBIT A Page 30 of 72 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 Central Park General Specifications Page 5 EXHIBIT A Page 31 of 72 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. 's 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. i 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. Central Park General Specifications Page 6 EXHIBIT A Page 32 of 72 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. Central Park General Specifications Page 7 EXHIBIT A Page 33 of 72 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 I. 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. l 20. Inspection of Work and Deficiency Notice 3 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 Central Park General Specifications Page 8 EXHIBIT A Page 34 of 72 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. (,SPECIAL PROVISIONS TRAFFIC AND DETOURS 1. Protection and Restoration of Existing Improvements a. The Contractor shall relocate, repair, replace or re-establish all existing improvements within the project limits which are not designated for removal (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements and structures)which are damaged or removed as a result of his operations. b. Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. C. Relocations, repairs, replacements or re-establishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. d. All cost to the Contractor for protecting, removing, restoring, repairing, replacing, or re-establishing existing improvements shall be included in the bid in other items of work unless otherwise specified. 2. Public Conveniences and Safety(Traffic and Access) a. All traffic control shall be in accordance with the latest editions of the following documentation: Caltrans Manual on Uniform Traffic Control Devices (MUTCD); Sian 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. Central Park General Specifications Page 9 EXHIBIT A Page 35 of 72 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 res toration oration 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. Central Park General Specifications Page 10 EXHIBIT A Page 36 of 72 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. Central Park General Specifications Page l l EXHIBIT A Page 37 of 72 C. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. 6. Hauling a. Spillage resulting from hauling operations on or across public thoroughfares shall be immediately removed at Contractor's expense. b. If the spillage is of a hazardous substance, such as petroleum products, or pesticides, Contractor is required to contact the Maintenance Operations Manager or designate immediately and also prevent the substance from running into storm drains. II.TURF MAINTENANCE 1. Mowing and Edging a. Turf areas shall be mowed, edged or trimmed weekly. Turf areas consisting of cool season grasses shall be mowed before reaching four(4) inches in height and shall be mowed no lower than two (2) inches in height. Turf shall be mowed once per week or as directed by the Maintenance Operations Manager or designee. b. Turf areas consisting of warm season grasses shall be mowed with a reel mower. During dormancy seasons the warm season grasses shall be mowed as needed to keep grass at 1/2" to 3/4" in height. During the growing season the warm season grasses shall be mowed to keep the grass at 3/4" in height. The City may request the Contractor to vary mowing heights for special events and conditions as directed by the Maintenance Operations Manager or designee. C. The Contractor shall submit a mowing schedule of days and times for each designated park and landscape site. The Contractor shall maintain the schedule as closely as possible unless a change is authorized or directed by the Maintenance Operations Manager or designee. d. Turf clippings and debris shall be lifted the same day of each mowing, trimming or edging operation and shall be removed from each park and landscape site. e. Turf shall be trimmed to the edge of sidewalks, curbs, mow-strips, retaining walls, posts, valve boxes, controllers, light standards and any paved surface. Turf shall be kept trimmed or sprayed with a contact herbicide for a sufficient distance from sprinkler heads to ensure proper sprinkler coverage and for a distance of eighteen (18) inches from all tree trunks. Contractor shall exercise care not to spray tree trunks with any chemicals or injure the tree trunk with any chemicals or injure the tree trunks with mechanical equipment. Central Park General Specifications Page 12 EXHIBIT A Page 38 of 72 2. Watering An automatic irrigation system is provided for the Contractor's use to maintain optimum soil moisture content to ensure healthy, vigorous growth but shall not be intended as the only means of irrigation. Should there be an interruption of electrical power or malfunctioning of the controller or control valves for more than two (2) consecutive days, the Contractor shall be required to water by other means if necessary to prevent deterioration of the areas involved. The contractor shall be responsible for providing control and monitoring irrigation operations to provide sufficient water for optimum growth with a minimum of water run-off. Unnecessary flooding or excessive watering shall be corrected as quickly as possible. 3. Fertilization a. Prior to fertilizer applications, notification shall be made as required in Part II, Section 23, of these specifications. A city representative shall verify the fertilizer quantity at the park site at the time of each application. Empty bags may be required for verification of quantities. b. All turf grasses shall be fertilized as follows: All turf shall receive 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 Central Park General Specifications Page 13 EXHIBIT A Page 39 of 72 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. i 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 i 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-sod 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 without prior 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. Central Park General Specifications Page 14 EXHIBIT A Page 40 of 72 3. Fertilizing Ground cover and shrub areas shall be fed between March and May with a complete fertilizer, 16-6-8 plus trace elements at the rate of 275 pounds per acre or approximately six (6) pounds per 1,000 square feet. Water thoroughly the day before fertilizing and thoroughly again immediately after the application of the fertilizer. Wash all plant food off foliage. 4. Insect, Disease and Pest Control See Part II, 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 The Maintenance Operations Manager or designee shall be notified prior to any trimming. All trees of twenty-five feet(25') height or less shall be shaped, trimmed, and pruned, to the highest arboricultural standards, as supervised by Contractor's certified Arborist. Such trees shall be thinned out, headed-back and shaped a minimum of once a year. Any dead or damaged branches shall be removed back to a lateral branch. No stubs will be permitted. The Contractor shall restrict growth through pruning to maintain safe road visibility, vehicle and pedestrian clearances, equipment accessibility and to prevent or eliminate hazardous situations. All palms are to be trimmed as often as necessary to remove dead fronds and or fruit. 2. Watering See Part II, Section 2. 3. Fertilizing Central Park General Specifications Page 15 EXHIBIT A Page 41 of 72 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 designee; rototilled six (6)times per year, to a depth of 12 inches. Dates to be agreed upon by Contractor and City Maintenance Operations Manager or designee. Contractor shall provide additional play sand when required. The City's Maintenance Operations Manager or designee will determine the screen size/type and quantities. New play sand Central Park General Specifications Page 16 EXHIBIT A Page 42 of 72 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. VI I. 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. C. Irrigation/Operation and Maintenance Central Park General Specifications Page 17 EXHIBIT A Page 43 of 72 All landscaped areas shall be irrigated as required to maintain adequate growth and appearance. Irrigation shall be accomplished in accordance with these specifications/guidelines and the following time frames: Manual Irrigation 9:00 AM — 3:00 PM Slopes 10:00 PM — 5:00 AM Public Works Facilities 10:00 PM — 5:00 AM All Work Sites 10:00 PM -- 5:00 AM 2. Operation/Repair a. The entire irrigation system to include all components from connection at back side of water meter shall be maintained in an operational state at all times and the expense included as part of this Contract. This coverage shall include but not be limited to the following: all controllers, backflows and remote control valves, gate valves and sprinkler heads, etc. b. All irrigation systems shall be tested and inspected and a written report submitted to the City when requested. C. All systems shall be adjusted in order to: i. Provide adequate coverage of all landscape areas. ii. Prevent excessive runoff and/or erosion. iii. Prevent watering roadways, walkways or private property. iv. Match precipitation rates. v. Limit hazardous conditions. vi. Maintain optimum soil moisture content to ensure healthy vigorous growth. d. All irrigation systems shall be tested and inspected as necessary when damage is suspected or observed, or reported daily if necessary. e. Repair malfunctioning controllers, backflows, quick couplers, flow meters, moisture sensors, manual or automatic valves and sprinkler heads within twenty- four(24) hours of receipt of verbal or written notice. f. 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. 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. Central Park General Specifications Page 18 EXHIBIT A Page 44 of 72 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. 3. Personnel Central Park General Specifications Page 19 EXHIBIT A Page 45 of 72 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. t C. The Contractor shall provide personnel capable of verbal and written communication in the English language. x 4. Materials a. All replacement materials are to be with original types and model materials, unless the Maintenance Operations Manager or designee approves a substitute. b. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems. c. Contractor shall implement repairs in accordance with all effective warranties 5. Water Management a. Contractor will keep system operating at manufacturer's recommended operating pressure. The valves should be throttled so as to prevent sprinkler heads from fogging, allowing droplets for effective watering. The Maintenance Operations Manager or designate may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. b. The contractor will be responsible for setting and monitoring the irrigation controllers and will not manually activate automatic valves unless associated with system repairs. C. All systems shall be programmed weekly and/or as needed to maintain healthy plant materials and landscape. i. All program changes shall be recorded on the Irrigation Program Log. ii. Controller program is to be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with irrigation schedules provided by the City in Section Vill. 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 end of each days work. Trash removal and disposal shall be included in the contract price. Trash receptacles shall be emptle`d twice'per week, or as agreed upon by the Maintenance Operations Manager or designee. Trash removal and disposal shall also Central Park General specifications Page 20 EXHIBIT A Page 46 of 72 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 pecified. Contractor shall be responsible for the periodic cleaning or unless otherwise s 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 k 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. Xa0tPVK%W(M= B. Insurance Requirements C. Map D. Weekly Inspection Sheet E. Deficiency Notice F. Integrated Pest Management Policy G. Equipment Requirements H. Staff Requirements Central Park General Specifications Page 21 EXHIBIT A Page 47 of 72 EXHIBIT A SAMPLE CONTRACT NOT A PART OF FINAL CONTRACT age 48 of 72 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. Reuirements: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 Central Park Insurance Requirements Page I age o 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 fi•om 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 G/E&Auto "Additional Insured Endorsement"page. 0 EXHIBIT B Central Park Insurance Requirements Page 2 EXHIBIT A Page 50 of 72 EXHIBIT C it Slater Ave. Parking at Tree& :tz. andsca a M Restrooms Playgrounds 0 Yamm eQ amp fort cmPlAu rk 0 00 Talbert Lake (Meadow) P Shipley Nature Center Pond 8v- lure Ran"' Playround 611A Central Library Y-,h OnShelia Central Park Dr. Undeveloped Area y1 - ' . n Talbert Ave RD (D ne Inlet Dr. undeveloped Area(Closed to the Public) reak ast Shelter Mile Perk FrIsbee W Golf '0 Huntington Lake 0 A 0 Horse Traps Undeveloped Area Equestrian Center Undeveloped Ara (Closed to the P lie) a 0 Mobile Home Park (Private) co Horse Trails x_- '6 -0 Undeveloped Area 0 Ellis Ave... N HUNTINGTON CENTRAL PARK EXHIBIT A Pa g 51 o 72 Weekly Inspection Sheet Location: Date: Inspected By: Hazardous Condition Present: ❑Yes ❑ No i Good Fair Needs Improvement Overall Condition ❑ ❑ Turf ❑ ❑ ❑ t 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 El Adjustments ❑ ❑ Parts Replacements ❑ ❑ ❑ Picnic Shelters ❑ Restrooms ❑ ❑ ❑ Facilities ❑ ❑ ❑ vertical Mowing ❑ ❑ ❑ Corrections and/or Comments Needed(if any): EXHIBIT D Central Park Weekly Inspection Sheet Page 1 EXHIBIT A Page 52 of 72 PERFORMANCE DEFICIENCY NOTIFICATION NOTIFICATION PROVIDED TO: DATE: TIME: LOCATION: VALUE OF DEDUCTION: $ The following Performance Deficiencies have been identified Fand e 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. ❑ pick u debris rune, rototill in an appr oved and ❑ 9. Failure to apply chemicals,edge,mow,p p �p professional manner. 10. Failure to adhere to City-defined dress code. El 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 Central Park Deficiency Notice Page 1 EXHIBIT A Page 53 of 72 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 Central Park Integrated Pest Management Policy Page I EXHIBIT A Page 54 of 72 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 Central Park Integrated Pest Management Policy Page 2 EXHIBIT A Page 55 of 72 MechanicabPhysical 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 Central Park Integrated Pest Management Policy Page 3 EXHIBIT A Page 56 of 72 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,miticides, 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 environment, and non target organisms with the limited use of pesticides for parks, fields and playgrounds; in accordance with City wide Pest Management Principles. City wide 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 Central Park Integrated Pest Management Policy Page 4 EXHIBIT A Page 57 of 72 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: i 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.ir)m.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 Central Park Integrated Pest Management Policy Page 5 EXHIBIT A Page 58 of 72 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 i r 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 F 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 Central Park Integrated Pest Management Policy Page 6 EXHIBIT A Page 59 of 72 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 Central Park Integrated Pest Management Policy Page 7 EXHIBIT A Page 60 of 72 i 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 Central Park Integrated Pest Management Policy Page 8 EXHIBIT A Page 61 of 72 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. i ® 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 UC 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 Central Park Integrated Pest Management Policy Page 9 EXHIBIT A Page 62 of 72 ® 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) i ® 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 Central Park Integrated Pest Management Policy Page 10 EXHIBIT A Page 63 of 72 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. i ❑ 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. i 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. i ❑ 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. Insect/Mollusk 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. i EXHIBIT F Central Park Integrated Pest Management Policy Page I I EXHIBIT A Page 64 of 72 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 Central Park Integrated Pest Management Policy Page 12 EXHIBIT A Page 65 of 72 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. 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 Central Park Integrated Pest Management Policy Page 13 EXHIBIT A Page 66 of 72 ❑ 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 ® Insecticide/fertilizer 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) E ❑ Spot treatments are utilized rather than broadcast methods. EXHIBIT F Central Park Integrated Pest Management Policy Page 14 EXHIBIT A Page 67 of 72 ® 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. Pesticide Control Methods (a minimum of two methods must be selected) EXHIBIT F Central Park Integrated Pest Management Policy Page 15 EXHIBIT A Page 68 of 72 ❑ Preventative fungicides and bactericides are only used where diseases can be predicted from environmental conditions and applied prior to infection or 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 effectiveness. ❑ Copper-based fungicides are only utilized in situations where its entry into surface runoff and storm drains is virtually impossible and after consultation 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. ® Kill traps used for ground squirrels and rabbits, are checked daily, and in places not accessible by children or non-target animals. ❑ Gas cartridges are used for ground squirrels according to UC recommendations. Pesticide Control Methods (a minimum of two methods must be selected) EXHIBIT F Central Park Integrated Pest Management Policy Page 16 EXHIBIT A Page 69 of 72 ® Anti-coagulant baits are used and applied according to label. i ® 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 Central Park Integrated Pest Management Policy Page 17 EXHIBIT A Page 70 of 72 I 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. i 1 EXHIBIT F Central Park Integrated Pest Management Policy Page 18 EXHIBIT A Page 71 of 72 EQUIPMENT REQUIREMENTS Central Park 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 Central Park Equipment Requirements Page I EXHIBIT A Page 72 of 72 i LANDSCAPE MAINTENANCE CENTRAL PARK MAINTENANCE SERVICES I MINIMUM STAFF REQUIREMENTS t The crew assigned to Central Park shall be permanently dedicated exclusively to Central Park. No adjustments, changes or substitutions may be made without prior written authorization from the Maintenance Operations Manager. TITY PERSONNEL QUAN FUNCTION REQUIRED Supervisor/Foreman One (1) Liaison Between Contract And City Staff Irrigation Technician One (1) Maintain Irrigation Systems Grounds Maintenance Five (5) Perform Specified Maintenance Tasks i Exhibit H Central Park Staff Requirements Page I AC R® CERTIFICATE OF LIABILITY INSURANCE FDATE 9/2712 I j sn712o19___ 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 I REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. j IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 i certificate holder In lieu of such endorsement(s), CONT i PRODUCER E:c Dealey,Renton&Associates PHO0.NE 714 427-6810 FAX, 714-427-6818 License#0020739 E-MAIL i 600 Anton Boulevard,Suite 100 ADDRESS! Costa Mesa CA 92626 INSURERS AFFORDING COVERAGE NAIC f1 INSURERA:Underwriters at Llo ds London 15792 'I INSURED EVOLULAND INSURER B:Colon Insurance Company Evolution Landscaping, Inc.dba: INsuRERc: Evolution Landscaping and Plumbing 1709 W.Santa Ana Blvd. INSURER D: Santa Ana CA 92703 INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER:1766216550 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 SUBR POLICY NUMBER POLDDY EFF PO DP EXP LIMITS LTR A X COMMERCIAL GENERAL LIABILITY Y Y VtCISCGLWO243501 11/27/2018 11127/2019 EACH OCCURRENCE $1,000,000 El cicu r oe $100,000 CLAIMS-MADE OCCUR PREMISES a o MED EXP(Anyone person) $10,000 PERSONAL&ADV INJURY $1 000 W0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000 WO l POLICY PRO X LOG PRODUCTS-COMP/OP AGG $2,W0 000 s JECT OTHER: Deductible $1,000 COMBINED SINGL IMIT $ ' AUTOMOBILE LIABILITY Me accident i ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per acddent) $ AUTOS AUTOS NON-OWNED APPROVED AS TO FORM PROPERTY DAMAGE $ HIREDAUTOS AUTOS er t $ B UMBRELLA LIAR X OCCUR `/�8§WAEL3W GATEfi 11n712018 11/27/2010 EACH OCCURRENCE $5,000.0m X EXCESS LIAR CLAIMS-MADE Cm ATTORNEY AGGREGATE $5.000000 C�yOF HUNTINGTON BEACH DED RETENTION$ $ WORKERS COMPENSATION I STATU E OFR TH- } AND EMPLOYERS'LIABILITY YINANY PROPRIETOR/PARTNERIEXFOUTIVE NIA A E.L.EACH ACCIDENT $ _ OFFICER/MEMBER EXCLUDED? E.L.OISEASE-EA EMPLOYE $ (Mandatary In NH) If yes, E.L.escribe under E DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS below 1 i DESCRIPTION OF OPERATIONS!LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) "'ALL OCIPIWRAP Projects are Exluded" RE:City of Huntington Beach Resolution 2008-63 City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are named as an additional insured as respects general liability as required per written contract or agreement.General Liability Is Primary/Non-Contributory per policy form wording.30 Day Notice of Cancellation applies with 10 days for non-payment CERTIFICATE HOLDER CANCELLATION 30 Days Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE i THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN j ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 2000 Main St. AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD i POLICY NUMBER: WCIS-CGL-0002435-01 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) Locations Of Covered Operations Blanket where required by written contract signed by both Any location where required by written contract signed parties and the insured contract is executed prior to any by both parties and the insured contract is executed loss prior to any loss RE: City of Huntington Beach The City of Huntington Beach,its officers, Resolution 2008-63 elected or appointed officials,employees, agents and volunteers 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 additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", 'property This insurance does not apply to "bodily injury" or damage" or "personal and advertising Injury" "property damage"occurring after: caused,in whole or in part,by: 1. All work, including materials, parts or 1. Your acts or omissions;or equipment furnished In connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional Insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional Intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law;and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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 2010 04 13 0 Insurance Services Office, Inc.,2012 Page 1 of 2 CO 20 10,,pt 1 11612 01 8 i l C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following Is added to Insurance shown in the Declarations; Section ill—Limits Of Insurance: whichever is less. If coverage provided to the additional Insured is This endorsement shall not increase the required by a contract or agreement,the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement;or i i i I i i i 1 i 1 I 1 i i 3 i t i i 3 Page 2 of 2 ©Insurance Services Office,Inc., 2012 CG 2010 0413 I 1 1116/2018 CG 20 10.rpt POLICY NUMBER: WCIS-CGL-0002435-01 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 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 Or anlzation s Location And Description Of Completed Operations Blanket where required by written contract signed by Any location where required by written contract signed both parties and the Insured contract is executed prior by both parties and the insured contract is executed to any loss prior to any loss The City of Huntington Beach,its officers, RE:City of Huntington Beach elected or appointed officials,employees, Resolution 2008-63 agents and volunteers 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 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. Insured only applies to the extent permitted This endorsement shall not increase the applicable by law;and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is 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 04 13 ©insurance Services Office, Inc.,2012 Page 1 of 1 11/6/2018 Ca 20 37 A.rpt i i Policy No.WCIS-CGL-0002435-01 THIS ENDORSEMENT CHANGES/MODIFIES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE This endorsement changes/modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM I To the extent that this insurance is afforded to any However,under the contributory approach each additional insured under this policy, SECTION IV — insurer contributes equal amounts until it has paid COMMERCIAL GENERAL LIABILITY CONDITIONS, 4, its applicable limit of insurance or none of the loss Other Insurance, is deleted in its entirety and replaced remains,whichever comes first. If any of the other with the following condition: insurance does not permit contribution by equal shares,we will contribute by limits.Under this 4. Other Insurance method,each insurer's share is based on the ratio of its applicable limit of insurance to the total If all of the other insurance permits contribution by applicable limits of Insurance of all Insurers. equal shares,we will follow this method unless the Insured is required by written contract signed by both parties,to provide insurance that is primary and non-contributory,and the"insured contract"is executed prior to any loss. Where required by a written contract signed by both parties, this Insurance will be primary and non-contributing only when and to the extent as required by that contract. I The City of Huntington Beach,its officers, RE: City of Huntington Beach Resolution 2008-63 elected or appointed officials,employees, agents and volunteers i ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. j i I 3 1 This endorsement is attached to and forms a part of the Policy as listed in the Declarations Page or Declarations Extension Schedule,effective on the inception date of the Policy unless otherwise stated herein. (The following information Is required only when this endorsement Is issued subsequent to preparation of the Policy.) Endorsement effective date: Policy No.: Endorsement No.: Named Insured: Authorized Representative i i WCIS CGL 4026,1215 WCIS CGL 4026.rpt Print Date:1 2/2112 0 1 7 Page:1 'I� POLICY NUMBER: WCIS-CGL-0002435-01 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract si ned b both parties and the insured contract is executed prior to any loss The City of Huntington'Weaci,its officers, RE: City of Huntington Beach elected or appointed officials, employees, Resolution 2008-63 In rmation require to com lete this Schedule,if not shown above,will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV--Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office,Inc.,2008 Page 1 of 1 13 1 2/2112 01 7 CG 24 04.rpt i I POLICY NUMBER:WCISCGL000243501 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR i CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: i COMMERCIAL GENERAL LIABILITY COVERAGE PART i SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations City of Huntington Beach RE: City of Huntington Beach Resolution 2008-63 2000 Main St. Huntington Beach CA 92648 The City of Huntington Beach,its officers, City of Huntington Beach elected or appointed officials,employees, Resolution 2008-63 agents and volunteers Information required to complete this Schedule, if not shown above will be shown in the Declarations. 1 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 additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been i designated above. completed; or 2. That portion of "your work" out of which the However:The insurance afforded to such additional injury or damage arises has been put to its 1 intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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. 1 1 ii I i i CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 I I C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc.,2012 CG 20 10 0413 City of Huntington Beach , t 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov r B•17;1999,P• . Office of the City Clerk Robin Estanislau, City Clerk October 16, 2019 Evolution Landscaping, Inc. Attn: Salvador Ibarra, President 1709 W. Santa Ana Blvd. Santa Ana, CA 92703 Dear Mr. Ibarra: Enclosed is a fully executed original of the "Service Agreement between the City of Huntington Beach and Evolution Landscaping, Inc. for MSC-522 Landscape Maintenance — Central Park." Sincerely, �7 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: September 30, 2019 From: ebra 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-522 Landscape Maintenance—Central Park Contract Summary Awarded Vendor Evolution Landscaping, Inc. Scope of Services: Provide weekly landscape maintenance services at Huntington Central Park, which consists of 120 landscaped acres and includes groundskeeping, irrigation systems, fertilization. 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 820-2019 per attached bid results. Evolution Landscaping, Inc. submitted the lowest bid; is a responsible bidder; and has provided excellent service for City on recent past projects. Contract Amount: $22,940 monthly; $275,280 annually per bid $350,000 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 Central Park Vendor Annual Price Evolution $ 275,280.00 Merchants Landscape $ 354,000.00 Parkwood $ 436,176.00 BrightView $ 493,596.00 Landscape West Management $ 519,840.00 Priority Landscape $ 610,464.00 GreenTech Landscape $ 620,100.00 Master Landscape $ 660,480.00 Mariposa Landscape $ 730,320.00 820-2019 Documents/ Addenda& Prospective Bid Lint+Items Attacgm nt Exalts q&A 8idtl# bid Results Arr rrl Project Tiber':Landscape Maintenance Central Park MSC 522 Invitation# 820-2019 Bid Posting Date August 5.2019 4:57 PM(Pacific) Project Stage Awarded Bid Due Date August 22,2019 3:00 PM(Pacific) Response Format Paper only Project Type RFo(Request For Quote) Response Types Line Itern,General Attachments Type of Award Lump Sum Categories 90656-Landscape Architecture 91873-Landscaping Consulting 98800-Roadside,Grounds,Recreational And Park Area Services 98803-Athletic Field Maintenance 98836-Grounds Maintenance:Mowing,Edging,Plant(Not Tree)Trimming,Etc. t18852-Landscaping(Including Design,Fertilizing,Planting,Etc.,But Not Grounds Maintenance Or Tree Trimmint License Requirements C:27 Department Purchasing Address 2000 Main Street,Huntington Beach,California County Orange Bid Valid Liquidated Damages Estimated Bid Value Start1Deiivery Date: Project Duration'