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Home My WebLink AboutNieves Landscape Inc. - 2021-03-01 SERVICE AGREEMENT BETWEEN TI1E CITY OF HUNTINGTON BEACH AND Nieves Landscape Inc. FOR MSC 5526 Beachfront, Blufftop and Sunset Greenbelt Parks THIS AGI FE MI Nf (`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 NI EVES LANDSCAPE 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. including all aspects of flrOtlnds keeping, irrigation systems. plant maintenance. fertilization. etc. as described in specifications and scope of work. B. Contractor represents that Contractor is able and willin<_� 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 Finn in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02, NOW, TH EREPORE. it is agreed by City and Contractor as I'ollows: I. 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 Greg Nieves 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 I of 2016 3. Compensation It. 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 tinder this A.-rcenrent, shall not exceed $175.000 per vear 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 Cite 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 March I. 2021 or as soon as practicable after the execution of this Agreement by City (the "Commencement Date-) and terminate .lone 30. 2026 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 fleCgaeney, 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 he amended to benefit the Project if mutually agreed to in writim, 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 Fxhibit "A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only it 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 Cite 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 tit. 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 Page 2 0(9 2016 damagc or liability of any kind or nature, howeVer caused_ including those resulting Irom death or injury to Contractor's employees and damagc 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 direct]\, 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 ofthe 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 o1 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 indeninifv 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 �,yhich 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. Pagc 3 ul 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 iMillion Dollars ($1.000,000.00) per occurrence and a separate `'Additional Insured Endorsement" page listing both the policy number and naming the "Oh, of lluntinKton Bench, ils officers, elected or uppoitvecl officials, enplovees, agents nnct volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a sell-insurcd retention. "deductible" or any other similar form of limitation on the required coverage except with the express written consent of City. It. 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 police 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 Citv. y 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 anv 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. Pagc.1 of9 201E Id. Termination "]his 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 Cit_v shall pay Contractor compensation for all services performed by Contractor prior to receipt of' such notice of tcnnination, 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 Citv's use thereof for such purposes as the City deems appropriate. b. F avment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivih and Amendment phis 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 anvone acting on behall'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 oi'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 Emplovees 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 Calilornia 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 I hcreinabove) or to City as the Page 5 oF9 2016 situation shall warrant. or by enclosing the same in a scaled 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 Fluntington Beach Nieves Landscape Inc. Attn: Dennv Bacon AYN: Grey Nieves 2000 Main Street 1629 E. Edinger Ave. I-luntington Beach. CA 92648 Santa Ana. CA 92705 714-641-3071 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 duh' executed by both parties. 21. Section Pleadings 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 meanin211. 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 tLture statute. law. ordinance or reeulation 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. Pagc 6 ut9 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 Huminglon Beach Ci(v Charier Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any Iegal 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 eflorts 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 aflirms 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 nolil'v 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. Attornev'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 hear its own attorneys fees, such that the prevailing party shall not be entitled to recover its attorneys lees 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 Califomia. 33. Signatories Bach undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms ol'this Agreement, and shall indemnik, City fully (or any injuries or damages to City in the event that such authority or power is not. in tact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement ficcly 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 anvone 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 am' representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All I3xhibits referenced herein and attached hereto shall be incorporated as if full' set forth in the body of this Agreement. PJL'e 8 o(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: Nieves Landscitoe. Inc CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By: California Greg Niev s INITIATED AND APP print name ITS: (circle one) Chairmat resident a President ND Scan Crumby,PE, Public Works Di for By: Greg Niev s APPROVED AS TO FORM: ITS: (circle ono zee-PresidenUChief Financial Officer s77�5ecretary-Treasurer lffily Attorney RE)qEWED AND APPROVED: 3 s City Manager tDatc RECEIVED- City Clerk 31-Zml-u 2iZ Page 9 of 9 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 1 of 81 SECTION C - REVISED PROPOSALFORMS for MSC 526 - Beach Front Park, Bluff Top Park, & Sunset Beach Greenbelt Landscape Maintenance Services 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 bid documents and specifications on file in the Finance-Purchasing office of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the Maintenance Operations Manager of the City of Huntington Beach, and to enter into a contract at the following prices. BIDDER declares that this proposal is based upon careful examination of the work site(s), plans(if applicable), 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. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received id er's Signature 1, 2& 3 9/15/2020 4 9/17/2020 5 9/23/2020 6 10/6/2020 7 10/8/2020 8 10/14/2020 Borah Front Park,Bluff Top Park R Sunset Beach Greenbelt Section C•REVISED Page I MSC 526 SERVICE AGREEEMENT EXHIBIT A page 2 of 81 PROJECT BID SCHEDULE MSC 526 - Beach Front Park, Bluff Top Park & Sunset Beach Greenbelt Landscape Maintenance Services Base Bid Items: Item No. Item Bid Amount Provide Landscape Maintenance Services per specifications and exhibits -AION"rHLY s 11 476.00 IA Provide Landscape iNnintenance Services per specifications and exhibits—ANNUAL S 137,712.00 TOTAL AMOUNT OF ITEM IA IN FIGURES $ 137,712.00 TOTAL AMOUNT Of, ITEM IA IN WORDS One hundred thirty-seven thousand seven hundred twelve and no/100 dollars Base bid items are a sum total of all unit bid items. Base bid items will be used for comparison of bids and to determine the lowest bid price. Extra Work bid items may be awarded from time to time at the discretion of the AGENCY as a purchase order extra to base contract. Unit Bid Items (as totaled in Base Bid 1 and 1A): ITEM PARK NAME APPROX. MONTHLY ANNUAL PARK AREA PRICE PRICE, 1 Beach Front Park 3.8 acre square feet $ 2,163.00 $ 25,956.00 19.6 acres $ 5,462.00 $ 65,544.00 z Bluff Top Park 853,776 square feet 3 Sunset Greenbelt Park 6.41 acres $ 3.851.00 $ 46,212.00 279,220 square feet 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. Reach Front Park,Bluff Top Park S Sunset Beach Greenbelt Section C-REVISED Page 2 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 3 of 81 Extra Work Bid Itern(s): ITEM DESCRIPTION PRICE, E1 Empty Trash Receptacle (in addition to any trash receptacle service S included in base bid specifications) — per can/per empty 3.00 E2 Supervision —hourly labor S75.00 E3 Foreman — hourly labor $ 48.00 Ea Laborer— hourly labor S30.00 Es Concrete Finisher—hourly labor $ 100.00 Es Irrigation Technician — hourly labor $ 55.00 E7 Irrigation Repairman—hourly labor $ 45.00 E8 Single Staking— material and labor, each $ 20.00 E9 Double Staking — material and labor, each $ 35.00 E10 Install Root Barrier—material and labor, per lineal foot $ 14.25 For Material items El through E18 below, indicate % discount or markup from Contractor Cost using plus (+) for markup, and minus (-) for discount and a numeric percentage— maximum 15% markup (+15%) per item. Sod — material, cost plus or minus per square foot + 15% Ell Sod -- labor, per square foot $ 1.50 Ground cover—material, cost plus or minus per flat + 15% E72 Ground cover - labor, per flat $ 17.75 Annual color— material, cost plus or minus per flat + 15% E13 Annual color- labor, per flat $ 17.75 Shrub - material, one gallon, cost plus or minus per each + 15% E14 Shrub, one gallon each—labor $ 7.25 Shrub—material, five gallon, cost plus or minus per each + 15% E15 Shrub—labor, five gallon per each $ 20.50 Shrub—material, fifteen gallon, cost plus or minus per each + 15% E16 Shrub — labor, fifteen gallon per each $49.00 E17 Tree —material, fifteen gallon, cost plus or minus per each + 15% Beach Front Park,Bluff Top Park&Sunset Beach Greenbelt Section C-REVISED Page 3 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 4 of 81 Extra Work Bid Item(s): ITEM DESCRIPTION PRICE Tree —labor, fifteen gallon, per each $59.00 Tree —material, twenty-four inch box, cost plus or minus per each + 15% E18 Tree —labor, twenty-four inch box, per each $ 195.00 For Item below, indicate % discount or markup from Contractor Cost using plus (+) for markup, and minus (-) for discount and a numeric percentage— maximum 15% markup (+15%) per item. E19 Parts—including irrigation system controllers, communications equipment, and sensors + 15% Beach Front Park,Bluff Top Park K Sunset Beach Greenbelt Section C-REVISED['age 4 MSC 526 SERVICE AGREEEMENT EXHIBIT A page-5-cif 81 MSC 526 - BEACH FRONT PARK, BLUFF TOP PARK & SUNSET BEACH GREENBELT TYPICAL SERVICE FREQUENCY Pacific Coast Highway, Various Noncontiguous Locations, See Maps for Reference FUNCTION QTY FREQUENCY FiNIPTY'FRASH CANS(SUNSET BEACH GREENBELT ONLY) 67 2X per week GROUNDS MAINTENANCE TURF MAINTENANCE Weekly CLIPPING REMOVAL Weeklv LITTER REMOVAL Weekly RODENT CONTROL Monthly PLAYGROUND SAND CLEANING Weekly ROTOTILLING 6X er ear CHEMICAL APPLICATION EDGE TURF ARFAS 6X peryear PRE-EMERGENCE PLAN'rFR BEDS 2X per year AERATE d FERTILIZE Per Annual FERTILIZE TURF Schedule Per Annual FERTILIZE PLANTERS Schedule Per Annual AERATE TURF PLUG TYPE Schedule ORGANIC TOPPER IX per year VERTICALiNIOW RFNOVATION IX per year WOOD CHIP PLANTERS IX per year Beach Front Park,Bluff Top Park&Sunset Beach Greenbelt Section C-RF,VISID Page 5 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 6 of 61 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 10/5120 . at Santa Ana CA Date City State Greg Nieves being first duly sworn, deposes and says tha he tr she is ?resident of Nieves Landscape, Inc. the part• 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 it 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. Nieves Landscape, Inc. N t of Bidder C Sigl tore of Bidder 1629 E. Edinger Ave., Santa Ana, CA 92705 Address of Bidder Beach front Park.Inu0"I'up Park R Sunset Beach Greenbelt Section C-REVISED Page 6 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 7 of 81 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 Landscape Maintenance MSC 526—Beach Front Park, Bluff Top Park S Sunset Beach Greenbelt , (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 hozards involved.," The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Nieves Landscape, Inc. C tr ctor I By Greg Nieves President Title Date: 10/5/2020 Beach Front Park, BIufT'rop Park 6:Sunset Beach Greenbelt Section C-REVISED Page 7 MSC 526 SERVICE AGREEEMENT EXHIBIT A_page 8 of 81 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. Stale or local government project because of a violation of law or a safety regulation? ❑ Yes 2 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes it part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. Beach Front Park.Blur'rop Park K Sunset Beach Greenbelt Section C-REVISED Page 8 MSC 526 SERVICE AGREEEMENT EXHIBIT A paa e 9 of 81 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code; and I will comply with such provisions before commencing the performance of the work of this contract. Niev Landscape, Inc. Contr to By Greg Nieves President Title Date: 10/5/2020 Beach Front Park,Bluf"TTup Park&Sunset Beach Greenbelt Seciiun C-KFVISFD Page 9 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 10 of 61 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Narne'. Nieves Landscape, Inc Business Address. 1629 E Edinger Ave. Gty/State/Zip Code Santa Ana, CA 92705 Telephone Number 714-641.3071 California Contractor's License No.and Class 674709 C-27 _Dale License Issued/License F.rpuation 7/22/1993 Exp 7/31/2021 Type of Business Entity(For Corporation,LI.C,etc indicate State of Registration) Corporation California The work sites were inspected by Joshua Cho of our office on Sept. 10, 11 & 12 , 2020. The following are persons, firms, and corporations having a principal interest in this proposal: Greg Nieves, President/ Secretary 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. Nieves L d , Inc. t Company Na o Signature of Bidder Greg Nieves, President Print or Type Name of Signer Subscribed and sworn to before me this day of 20_ NOTARY PUBLIC NOTARY SEAL Beach Front Park,Bluff Top Park&Sunset Beach Greenbelt Section C-REVISED Page 10 MSC 526 �EAYJCE AGREEEMENT EXHIBIT A page 11 of 81 CALIFORNIA JURAT GOVERNMENT CODE 9 8202 s 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 Countyof Ulaa,�c Subscribed and sworn to(or affirmed)before me on this 6th day of October 20 -� by Date Month Year (1) Greg Nicyc, ANNE EIIZAKTN CASHMAN Notary Pubk-C&VwnJ aary.cwm ! land(2) ), MY Cain.E.Mtl St013.1CZ t Name(s)of Signer(s) proved to me on the basis of satisfactory evidence to be the personj)who appeared before me. Signature Place Notary Seol and/or Stomp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Cityol Hwtungtwr Bui3 Bkkki's Inlaamatiun Wier Document Date li'ttic Number of Pages: are(1) Signer(s)Other Than Named Above: tv.cdtra®ms eees 02019 National Notary Association MSC 526 SERVICE AGREEEMENT EXHIBIT A page 12 of 81 BIDDER'S PROJECT HISTORY 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: I City of Laguna Hills 24035 El Toro Rd Laguna Hills CA 92653 Name and Address of Public Agency Name & Phone No. of Agency Project Mgr: Ryan Hanley 949-707-2652 $1,042,896.00/ annual Citywide landscape maintenance Current Contract Amount Type of Work Date Completed 2. City of Lake Forest 100 Civic Center Dr, Lake Forest, CA 92630 Name and Address of Public Agency Name & Phone No. of Agency Project Mgr: Michael McConaha 949-461-3575 $1.793,832.001 annual Landscape maint. of parks, medians, pwkys & slopes Current Contract Amount Type of Work Date Completed 3. City of Mission Viejo 200 Civic Center, Mission Viejo, CA 92691 Name and Address of Public Agency Name & Phone No. of Agency Project Mgr Jerry Hill 949-470-3095 $3,281,540.00/annual Land. maint. of parks, facilities, medians, pkwys & slopes Current Contract Amount Type of Work Date Completed Beach Front Park,Bluff Top Park&Sunset Beach Greenbelt Section C-REVISED Page I I MSC 526 SERVICE AGREEEMENT F.XIIWJT"J Aae 140 B1 WNIE VES liftl LANDSCAPE INC . October 16, 2020 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: MSC 526 Beach Front Park. Bluff Top Park 8 Sunset Beach Greenbelt Landscape Maintenance Service Thank you for the opportunity to participate in the bidding process for the Beach Front Park. Bluff Top Park & Sunset Beach Greenbelt Landscape Maintenance Service in the City of Huntington Beach. Nieves landscape, Inc. is a full-service landscape maintenance company in business for over 35 years, providing similar services to various cities/municipalities throughout Southern California. With our work force of over 300 employees with extensive knowledge and years of experience,we are able to provide the city with the landscape services unmatched by others. Our goal is to provide most economical and professional results that the City of Huntington Beach, its residents and visitors can be pleased with. We look forward to the bidding/ selection process and hope to be the successful bidder We have thoroughly examined and are familiar with the work required under the proposal and is capable of performing qualify work to achieve the City of Huntington Beach's objective. Nieves Landscape will adhere to all terms and conditions of the bid package/ specifications are understood and acknowledged by the undersigned. Thank you, J a Cho B s ess Development 92705 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 14 of PA N I E V E S LANDSCAPE INC . QUALIFICATIONS & EXPERICENCE COMPANY INFORMATION. Name: Nieves Landscape, Inc. Address: 1629 E. Edinger Ave.. Santa Ana. CA 92705 Phone: 714 641-3071 Fax 714 641-8475 President/Secretary: Greg Nieves Founded: August1985 Employees: Approximately 325 (as of Oct. 2020) SERVICE COVERAGE: Service oreas include the following counties: Orange, Los Angeles, San Diego and western portion of San Bernardino. OFFICE & YARD LOCATIONS: Corporate Headquarters: 1629 E. Edinger Ave. Santa Ana. CA 92705 Yard Locations: Irvine- Laguna Niguel, Walnut and San Dimas LICENSES & CERTIFICATES CSLB License#: 674709 C-27 (Landscaping) DIR #: 1000012716 Federal TaxID#: 33-0458209 CA Employer ID #: 328-5431-7 CA Corporation #: 1704312 CHP ID#: 0190557 CA DPR Qualified Applicators: Sandy Nieves and Antonio Gomez Certified Irrigation Technician: Juan Arellano CA DPR Pest Control Advisor: Tim Isle 1629 E. EDINGE R AVENUE SANTA ANA, CA 92705 NIEVESLANDSCAPE.COM MSC 526 SERVICLAGREEEMENT EXHIBIT A page 15 of 81 .� NIEVES A LANDSCAPE INC California State Contractor's License: C ICIN E 10 ,f+i, dCa S*A . RACrCI Z .7E '+ iry ----�-- a T'Vf LICFRSf _ 674709 -CORP Cr NIEVES LANDSCAPE INC A.__.� 07,31,202: .A.w swapw Pest Control Advisor's License: PCA ..� M L �.� „A... LICENSE 17"37 EXPIRES.IJA1/M29 C vnO. A9pEG I.... IIIW19 TIMOTHY J ISLE IN SrANFORD LANE SEAL REACM,CA90740 �NI®■N Qualified Applicator's License: Pft A K KMYFGfgrVlytgll•.0014Y aAw.QAL LICENSE 9'.101479 EXPIRES:1713112021 c "9 .. BC Nw.0 v1/N$0 SANDY NIEVES 1929 E EDINGER AVE SANTAANA CA927M � N � �W, u�rwlu�..uair LICENSE E 134944 EXPIRES R2JS,.@ CR.V-e.1 B Mu VIM S ANTONIO GCIAEZ JR 051 51ST ST RIVERSICE CA 975P9 1629 E. EDINGER1 1 641-8475 NIEVESLANDSCAPE.COM MSC 526 SERVICE AGREEEMENT EXHIBIT A page 16 of 81 \ NIEVES LANDSCAPE INC . Pest Control Business License: CALIFORNIA DEPARTMENT OF PESMCIDE REGULATION IMI I SEIlE2T SACRANIMNTO.CAI Nm mu ISSVFD I...rr al.mf. Pel Con"Ratlam-Main . mft o,..r..11,MI LICLISE LICENSE NO )HP wrlJrrr�.�r'• r.i y..r4.npw..Ar NIP V ES lalU CAM INC NICS'Es LANOSCAM INC 1a LEOIMiERAV IEPEEf)PS)GAW SANrA ANA CA 92M S AANA,CA92 MS rasr rwsua rnaar-mEa mevar *xnroNsea Nm nANrrovu-.Nv arANU MOEnnanln AranunNsc Irrigation Technician Certificate' landscape industry certified Juan Arellano r%/n. ...r/..//•,. ,, ,,r,.,rid. i„ra.ni,i ,./,}rv//r✓.Jun./. LANDSCAPE INDUSTRY CERTIFIED TECHNICIAN ktigotion In pakwobp weft 9�t\cSdUStrV� C.rm..l<.w:apeCPYOCIaA/UY)CNnb� 2nnola lwatap.9. "C.niw M0.00or C;narmon.rtmnosery Caa.cobr�C.c�,.�U 1 r 1 NIEVESLANDSCAPE.COM MSC 526 SERVICE AGREEEMENI-EXHIBIT A page 17 of 81 � NIEVES LANDSCAPE INC . TECHNICAL ABILITY & EXPERIENCE SIMILAR IN SCOPE: Nieves is a full-service landscape company with extensive knowledge and years of experience. We are able to provide to the City of Huntington Beach with top notch service with staff with decodes of landscape experience. Nieves Landscape has been providing similar services to various cities/municipalities throughout Southern California for over 30 years. With qualified staff and consultants,we are able to provide the city with the landscape services unmatched by others. REFERENCES: City of Laguna Hills - Citywide Ryan Hanley, landscape Supervisor 24035 El Toro Road Laguna Hills, CA 92653 Phone Number: (949) 707-2652 Duration: 2009 to current City of lake Forest- Parks and MPS Michael McConaho. Public Works Maintenance Manager 100 Civic Center Drive Lake Forest. CA 92630 Phone Number: (949) 461-3575 Duration: 2012 to current City of Mission Vlelo-Contract Areas 1. 2, 3 4, 5. 6. 7 a 8 Jerry Hill, Maintenance Operations Manager 200 Civic Center Mission Viejo, CA 92691 Phone Number: (949) 470-3095 Duration: 2017 to current r NIEVESLANDSCAPE.COM MSC 526 SERVICE AGREEEMENT EXHIBIT A page 18 of 8.1 ; N I E V E S LANDSCAPE INC . MANAGERIAL/SUPERVISORY QUALIFICATIONS: Grea Nieves- President Over 40 years of experience in landscape maintenance and installation experience California State Contractor's License-C27 (Landscaping) Extensive knowledge in landscape design and horticulture Wolter Sato-Generol Manager Over 31 years of experience in landscape maintenance and installation industry California State Contractor's License-C27 (Landscaping): C61/ D49 Mt. San Jacinto College - Plant Identification. Irrigation, Architecture Extensive knowledge in landscape design and horticulture Anne Cashman-Office Manoaer/Accounffna Over 23 years of experience in landscape maintenance and installation industry Over 20 years of experience in construction services Orange Coast College Extensive knowledge in landscape design and horticulture Joshua Cho - Business Development Manager Over 30 years of experience in landscape maintenance. installation and design experience B.S. in Landscape Architecture - Cal Poly Pomona Management Contact Quality Control Antonio Gomez Jr. -Operations Manager/ Supervisor Over 15 years of experience in landscape maintenance and installation experience California State Contractor's License-C27 (Landscaping) QAL Traffic Control Technician Certification Sandy Nieves-Operations Supervisor Over 17 years of experience in landscape maintenance and installation experience Horticulture Certificate- Fullerton College QAL BTI Irrigation Certification Traffic Control Technician Certification 1 . 1 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 19 pf 81 � N I EVES �� LANDSCAPE INC . OTHER INFORMATION HIRING PRACTICES: In regards to Nieves' policy for new employment, there are many factors that is considered as well as implemented prior to adding the candidate to our team. Nieves first receive an interested candidate and a completed application for employment. Upon reviewing the completed application. a pre-interview is scheduled with one of our supervisors. The supervisor then writes a written review of their evaluation, experience and fit in our company. Depending on the position they are applying for and have the experience for, we then set up a second interview with the supervisor, operation manager and the general manager. Upon completion of this second interview again they are given separate written reviews from each of the interviewing staff. This information is discussed and agreed upon prior to moving to the next phase of hiring. Upon the agreement to move forward the perspective employee is sent to our medical facility for a pre- employment physical and drug screen. We simultaneously send out the perspective employee's information to our service for a background check. In the event that this position is a driving position their information is sent to our insurance company for approval to drive as well as any and all infractions related throughout the years. After all screening, reports and/or checks are received acceptable to our standards they are given an offer letter for employment in person. We value our employees and understand the investment from them as well as us to create the best possible work environment. Effort, quality and teamwork go hand in hand in making our company continuously striving to be the very best we can. CORRECTING DEFICIENCIES: City contracts ultimately have numerous "customers". city representatives/officials. residents and the general public. With so many customers. Nieves will do our upmost best to keep everyone satisfied with our work. But at times we know that there will be complaints and dissatisfactions reported, Nieves will address and remedy the issues and or the problems as follows: - Address/identify issue(s) or problem(s) - Communicate with city representative with findings and plan of action Take corrective measures and address the issue(s) Follow up with city representative of corrective measures token (via phone call, email and/ or site visit) Nieves will take all measures necessary to complete the project. If necessary, additional crew(s), equipment(s) or materials) needed will be brought in to meet any requirements at no additional cost to the customer. 1 . 1 NIEVESLANDSCAPE.COM MSC 526 SERVICE AGREEEMENT EXHII3IT A page 20 of 81 N I E V E S LANDSCAPE I NC . QUALITY CONTROL: Our understanding of the work to be performed is as follows: • To provide the Supervision. Labor equipment, and materials necessary to maintain all areas in a manner of highest landscape quality. • Including all schedules prior to commencement of the following weeks work, trash collection, cleaning of amenities. proactively identifying and eliminating safety hazards, maintaining turf to include aerating, and dethatching, maintain ground cover, shrubs, vines, trees. replenishing and proper fertilization, disposal of trash and recyclables to proper facilities, providing pest and weed control, and monitoring irrigation system regularly. Our supervisor will walk the entire job continuously to keep the quality that Nieves Landscape, Inc. requires. We as a team will discuss any areas of concern. These areas will be walked with the inspector to determine the best solution for the situation. We will comply with the scope of work by providing schedules of work to come. Punch lists created by us and completed then sent via e- mail to the inspector everyone understands the progress achieved. Nieves Landscape believe we are the best qualified firm for the services requested. That is proven statement that can be supported with other contracts of similar work that we have listed on our reference sheet. These City Inspectors/clients will confirm satisfaction regarding our level of proactive commitment to each responsibility set forth. From the owner's hands-on approach to the length of our existing long-term accounts and employees. we take pride in our work and it shows. CUSTOMER SERVICE PROGRAM: Nieves Landscape believes that customer service is one at the key aspects to our success. We are committed to customer satisfaction and we will go to great lengths to have satisfy our customers. The city representatives will have a contact list with cell phone numbers of managers and supervisors for any emergency that may arise 24-hours a day. 7 days o week. Our office is open from 6:00 am to 4:30 pm Monday through Friday. With 24-hour answering service for after-hours, weekends it. holidays, with an on-call staff to address any issues. Nieves believes in building long-term relationships with our customers. For the relationship to endure we must provide good communications and excellent service. The communications will begin at the start of the contract with a kick off meeting to discuss any issues. concerns and expectations. During the contract the communications will continue on o regular basis to ensure that the work is being performed to the city's satisfaction. If any issues arise. the Supervisor, the Operations Supervisors and/or the Operations Manager will take any necessary action to remedy the issue. Our goal is to keep our customers satisfied to develop and sustain a mutually beneficial long-term relationship. • ' E. EDINGER AVENUE SANTAANA, CA 92705 • 1 NIEVESLANDSCAPE.COM MSC 526 SERVICE AGREEEMENT EXHIBIT A page 21 of$1 N I E V E S LANDSCAPE INC . SAFETY TRAINING PROGRAM: Nieves Landscape is committed to create a safety culture that encourages workers to establish safe habits, emphasizing the importance of safety and not taking risks or shortcuts. Providing safety training to employees to improve their knowledge and awareness of workplace hazards to help them perform their work more efficiently and safely. Our training module provided in language workers understand includes and is not limited to: • Documented Tailgate meeting • Roadway Safety and Drivers Training • Heat & Illness Prevention Training • Injury and illness Prevention Program • First Aid Training • Proper use and maintenance of equipment and tools • Regular Inspections of Personal protective equipment (PPE) such as safety glasses, boots. gloves, high-visibly vest, and hearing protection. • Emergency Action Plan • Code of Safe Practices • Fire Protection and Prevention • Hazard Assessments and Safety Data Sheets • Pesticide Training • Noise Exposure and Hearing Protection • Fall Protection • Accident Investigation Program • Near miss Accident Investigation • Monthly Safety Training Most accidents can be prevented by recognizing and controlling hazards in advance as well as training employees on safe work practices and effective use of personal protective equipment. FINANCIAL CONDITIONS Nieves Landscape has had financial resources along with steady growth for over 35 years. and have met all financial obligations. Nieves is capable of funding and commencing with this contract if selected as the successful contractor 'Financial statements are available upon request. r NIEVESLANDSCAPE.COM MSC 526 SERVICE AGREEEMENT EXHIBIT A page 22 of 81 GENERAL SPECIFICATIONS FOR MSC 526 - BEACH FRONT PARK, BLUFF TOP PARK & SUNSET BEACH GREENBELT LANDSCAPE MAINTENANCE SERVICES FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA Revised 10/13/2020 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 specify that certain work sites be maintained on certain days. C. Contractor shall have the same maintenance work crew assigned to City 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/semi-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. The call out fee will be deducted from future payments due to Contractor. 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 perform 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: MSC 526 SERVICE AGREEEMENT EXHIBIT A pie 23 of 81 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 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) recent landscape contracts for landscape maintenance; three (3) of which must be of similar or greater size, scope of service, and contract amount of$500,000 or more. e. The following must be supplied by contractor: i. Contractor must have a valid California C-27 license. ii. Contractor or contractor's employee must be Certified Pest Control Operator as certified by the State of California and shall maintain the Certification during the term of this agreement. iii. Contractor must have on staff and maintain during the term of the contract, a State Certified Pest Control Advisor for written recommendations. iv. Contractor must have on staff and maintain during the term of this contract, an ISA Certified Arborist for written recommendations. V. Contractor must have radio or telephone communications between office and field personnel. vi. Contractor must have 24-hour answering service. vii. Contractor must have sufficient vehicles and equipment to maintain contract and meet City inspection. No employee's personal vehicle shall be used to maintain City Contract. viii. Employees must wear orange or similar fluorescent colored, high-contrast reflective shirts or vests for safety purposes, and uniforms identified with company name. ix. Contractor must obtain and keep current a City Business License. X. Contractor must have vehicles marked with name and telephone number of Company. Vehicles must be in good repair and painted a uniform color. When on duty in City, vehicle must display a sign with the message "Under Contract to City of Huntington Beach. MSC 526_SERVICE AGREEEMENT EXHIBIT A page 24 of 81 xi. Contractor must maintain insurance as required by City during term of contract. f. Contractor must provide the following organizational information: i. Organization Chart inclusive of executives and descending to on-site crewleader. ii. Brief description of company personnel and training procedures. iii. The Contractor shall provide a qualified, English speaking crewleader or supervisor to oversee the work force. A listing of guaranteed size of work force by job classification shall be provided to the City prior to beginning work. iv. The Contractor shall provide schedule of hourly rates for all job classifications to be used for determining cost of extras. 6. Public Safety Where public safety is affected, the Contractor shall make immediate equipment repairs or removals of landscape and irrigation material and shall report such repairs or removals within 24-hours to the Maintenance Operations Manager or designee. 7. Loss a. City-owned property whether real or personal, which is damaged or destroyed through vandalism or fire or which disappears through an unknown source and is repaired or replaced by the contractor after prior approval by the Maintenance Operations Manager or designee shall be part of contract. b. Where public safety is affected, the Contractor shall make immediate equipment repairs or removals and shall report such repairs or removals within 24- hours to the Maintenance Operations Manager or designee. 8. On-Site Storage The storage of tools, equipment or materials within the project area, public right-of-way or easements is prohibited. 9. Personal Attire and Equipment a. The Contractor shall require each of his employees to adhere to basic Public Works standards of working attire. This includes uniforms with company identifier, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times, buttoned and tucked in. Blue uniforms are not acceptable. b. Contractor shall display the name of his firm on any vehicles used by the Contractor's employees to carry personnel, supplies and equipment. The firm MSC 526 SERVICE AGREEEMENT EXHIBIT A page 25 of 81 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 10' of every month of the preceding month. h. Application of Pesticides MSC 526 SERVICE AGREEEMENT EXHIBIT A page 26_of 81 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 licensed Pest Control Advisor is obtained. A recommendation consists of all the applicator should know for an accurate and safe usage. MSC 526 SERVICE AGREEEMENT EXHIBIT A page 27 of 81 1. The recommendation must be time and site specific. 2. Application of all pesticides shall be only by a properly State Licensed Pest Control Operator of a Certified Applicator of Pesticides. 3. There shall be no application of a pesticide without written permission of the Maintenance Operations Manager or designee. 4. In case a Restricted Use Pesticide is recommended, the City must be in receipt of use permit issued only by the County of Orange Agricultural Commissioner to the Contractor. 5. Contractor shall apply spray chemicals when air currents are still; preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project. 6. Contractor shall submit a schedule outlining date, location and work to be performed, four (4) days prior to the week of work. Said schedule shall be submitted to the Maintenance Operations Manager or designee. 11. Coordination Contractor shall coordinate work with the Maintenance Operations Manager or designee to prevent conflict with City programs and activities. The Maintenance Operations Manager or designee's office is located at 17371 Gothard Street, Huntington Beach. He may be reached by telephone at 714/536-5480. 12. Water Conservation a. Contractor shall, whenever possible, minimize the use of water during maintenance operations. Watering equipment shall be kept in good working order; water leaks shall be repaired promptly; and washing of equipment, except when necessary for the safety of and for the protection of equipment, shall be discouraged. In no case shall the Contractor use water to rinse or flush chemicals of any kind from equipment onto the work site and/or drainage or sewage systems. b. Contractor shall comply with City of Huntington Beach Storm Water and Urban Runoff Management Municipal Code Chapter 14.25 and with City of Huntington Beach Water Efficient Landscape Municipal Code Chapter 14.52 at all times. 13. Sound Control Requirements a. Contractor shall comply with all County sound control and noise level rules, regulations and ordinances and with City of Huntington Beach Noise Control Municipal Code Chapter 8.40, which apply to any work performed pursuant to the Contract, and shall make every effort to control any undue noise resulting from the operation. 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 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 28 of 81 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. 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 G. MSC 526_SERVICE AGREEEMENT EXHIBIT A page 29 of 81 19. Air Pollution a. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract and shall not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. b. Material to be disposed of shall not be burned. 20. Inspection of Work and Deficiency Notice a. The City and Contractor's representative shall make weekly inspections of all areas included in the contract. The results of each inspection shall be recorded and retained for reference using a Weekly Inspection Sheet. Thirty-two (32) hours shall be allotted monthly for inspection and contract supervision. The Contractor shall compensate the City for all time required for inspection and supervision in excess of the above specified time, providing that: i. The excess time is, in the opinion of the City, required due to an inadequate level of maintenance; ii. The Contractor has been informed of the deficiencies upon completion of weekly inspection, iii. The Contractor has failed to correct said deficiencies within seventy-two (72) hours after notification 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 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. MSC 526 SERVICE AGREEEMENT EXHIBIT A page 30 of 81 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), Sign Specifications, Standard Plans, Standard Specifications, American Public Works Association Southern California Chapter—Work Area Traffic Control Handbook. b. The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the work area. He shall also post proper signs to notify the public regarding detours and conditions of the roadway. 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. MSC 526 SERVICE AGREEMENT EXHIBIT A page 31 of 81 i. POLICE DEPARTMENT: Watch Commander @ 714/960-8809 ii. FIRE DEPARTMENT: Battalion Chief/Development @ 714/536-5411 e. Information signs shall be required on all arterial streets one week prior to beginning of roadway construction projects. f. The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. g. Contractor shall require that all personnel who are working the project site wear an approved safety vest. Any worker without a vest may be ordered off the job until such apparel is acquired. Questions as to approved vests shall be directed to the Maintenance Operations Manager or designee. h. Prior to the beginning of work, the Contractor shall execute the construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the work involved with a minimum of inconvenience to the motoring public. Removing the existing striping shall delineate any relocation of travel lanes longer than three calendar days and legends by wet sandblasting and placing new striping and legends as required. Upon completion of the work and the restoration of the road surface to its final condition, the Contractor shall remove temporary striping by wet sand blasting. i. If the traffic cones or portable delineators are damaged, displaced or are not in an upright position, for any reason, the contractor shall immediately replace or restore to their original location, in an upright position, the cones or portable delineators. j. The Contractor shall furnish such flagmen and equipment as are necessary to give adequate warning to traffic or to the public of any dangerous conditions in accordance with the current State of California Department of Transportation "Instructions to Flagmen". k. All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY Yard or disposed of as directed by the AGENCY. 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 MSC 52.6_SERVICE AGREEEMENT EXHIBIT A pale 32 of 81 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. 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 payments 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. MSC 526 SERVICE AGREEEMENT EXHIBIT A page 33 of 41 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 may be lifted seasonally, upon request during peak growth period, the same day of each mowing, trimming or edging operation and shall be removed from each park and landscape site. At all other times, turf clippings shall be grasscycled. 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. f. Undeveloped, passive, and "native" park areas such as Bartlett, Irby and Overlook Parks shall be mowed to maintain vegetation height not to exceed twelve (12) inches maximum or as directed by Maintenance Operations Manager or designee. 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, MSC 526 SERVICE AGREEEMENT EXHIBIT A page 34 of 81 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 ll, 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 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 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 35 of 81 stand. Sweep or rake the dislodged thatch from the turf areas and remove from each park and landscape site. After the thatch is removed, turf shall be aerified, fertilized and watered. 8. Insect, Disease and Pest Control Contractor shall provide complete insect, disease and pest control as necessary or as directed by the Maintenance Operations Manager or designee. Contractor shall obtain the Maintenance Operations Manager or designee approval forty-eight (48) hours prior to the use of any chemical, mechanical or any other mechanical or any other method control. 9. 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 prior to approval of the Maintenance Operations Manager or designate. The Contractor shall prune where necessary to maintain safe vehicular and pedestrian visibility as directed by the Maintenance Operations Manager or designee. 2. Watering See Part II, Section 2. 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 ll, Section 4. 5. Weed Control MSC 526 SERVICE AGREEEMENT EXHIBIT A page 3_6_of 81 The Contractor shall maintain a pre-emergence and post-emergence program for the entire duration of the contract. Ground cover and shrub areas shall be weeded before any weeds reach four(4) inches in height. Pre-emergent herbicide shall be applied in early March and again in early September according to the manufacturer's recommendation each year in all ground cover areas. Post-emergent herbicide shall be applied as needed, as directed and the type approved by the Maintenance Operations Manager or designee depending upon the type of ground cover involved. Serious pest weeds, such as Bermuda grass and Bindweed shall be spot treated with a portable sprayer or wick wand as needed with a selective herbicide and applied per manufacturer's recommendations. Water shall not be applied to treated areas for forty- eight (48) hours after each application. Sprayed weeds shall be left in place for a minimum of seven (7) days. If kill is not complete, a second application shall be applied as above. After a complete kill, all dead weeds shall be removed from the park site. Nutsedge, blackberry, passion vine, castor bean, poison hemlock and spiderwort shall be treated a minimum of once per month until complete control is achieved as specified above and as directed by the Maintenance Operations Manager or designee. IV. TREE MAINTENANCE 1. Pruning and Trimming All trees up to 25' in height (as measured from the base of tree to the tip of the highest sprig at top of tree), shall be maintained by shaping, thinning out and trimming. Any dead or damaged branches shall be removed back to a lateral branch. No stubs will be permitted. The Contractor shall restrict growth through pruning to maintain safe road visibility, vehicle and pedestrian clearances, equipment accessibility and to prevent or eliminate hazardous situations. All palms are to be trimmed as often as necessary to remove dead fronds and or fruit. All tree work shall follow all International Society of Arboriculture standards. Work shall be done on an as-needed basis at the discretion of the Maintenance Operations Manager or designee. At the Maintenance Operations Manager, Landscape Maintenance Supervisor or Landscape Maintenance Leadworker's direction, the contractor shall trim and remove all vegetation in the City-owned landscape area, regardless of the vegetation's point of origin, including but not limited to vegetation growing into or onto the City-owned landscape area from adjacent private property. 2. Watering See Part II, Section 2. 3. Fertilizing Trees shall be fed in early March with a complete balanced fertilizer 16-6-8 plus trace elements at the rate of six (6) pounds per one (1) inch of trunk diameter measured one (1) foot above ground. Fertilizer shall be broadcast round the drip line of the trees and watered thoroughly. 4. Ground Water Pumping MSC 526_SERVICE AGREEEMENT EXHIBIT A page 37 of 61 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. Vl. 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 shall be placed and graded in a uniform manner, at a consistent level. All sand play areas shall maintain a sand depth of 18 inches or more. Weeds shall be removed by physical means as needed except serious pest weeds shall be treated as specified in Part III, Section 5, of these specifications. No herbicide use permitted. VII. PLAY EQUIPMENT, PARK FURNITURE, ACCESSORIES AND FACILITIES MAINTENANCE MSC 526 SERVICE AGREEEMENT EXHIBIT A page 38 of 81 On each site visit, Contractor shall visually inspect play equipment, park furniture, accessories and facilities including but not limited to walks, play courts, benches, restrooms, picnic tables, fountains, play apparatus, and trash receptacles. Contractor shall report any broken, damaged, defaced, or otherwise deficient condition to the Maintenance Operations Manager or designee within 24 hours of observation. 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 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 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 39 of 81 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. 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. MSC 526 SERVICE AGREEEMENT EXHIBIT A pie 40 of 61 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 a. The Contractor shall provide personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustments, and repair, in all types of components to include irrigation controllers, valves, sprinkler heads, and with all brands and models of irrigation equipment used within the city. b. The Contractor shall provide personnel knowledgeable of, and proficient in current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies. C. The Contractor shall provide personnel capable of verbal and written communication in the English language. 4. Materials MSC 526 SERVICE AGREEEMENT EXHIBIT A page 41 of 81 a. All replacement materials are to be with original types and model materials, unless the Maintenance Operations Manager or designee approves a substitute. b. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems. C. Contractor shall implement repairs in accordance with all effective warranties 5. Water Management a. Contractor will keep system operating at manufacturer's recommended operating pressure. The valves should be throttled so as to prevent sprinkler heads from fogging, allowing droplets for effective watering. The Maintenance Operations Manager or designate may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. b. The contractor will be responsible for setting and monitoring the irrigation controllers and will not manually activate automatic valves unless associated with system repairs. C. All systems shall be programmed weekly and/or as needed to maintain healthy plant materials and landscape. i. All program changes shall be recorded on the Irrigation Program Log. ii. Controller program is to be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with irrigation schedules provided by the City in Section VIII. IX. CLEAN UP/TRASH RECEPTACLESAIVASTE MANAGEMENT 1. After Contractor has completed all operations as specified in these documents, he shall remove and dispose of all paper, trash. and other debris existing or due to these operations from all relevant sites, at the end of each day's work. Trash removal and proper disposal via an approved transfer station or state permitted landfill site shall be included in the contract price. Trash receptacles shall be emptied twice per week, or as agreed upon by the Maintenance Operations Manager or designee. Trash removal and disposal shall also include a ten-foot perimeter around all trash cans. Contractor shall vacuum clean all court game pavement areas, driveways, gutters, parking lot areas and other areas adjacent to work locations, per work schedule. 2. Landfilling of green waste material removed from all relevant sites due to these operations is prohibited. Contractor shall be responsible to remove all green waste, such as clippings, cuttings, leaves, branches, twigs, and any other green waste vegetation existing or due to these operations, from all relevant sites at the end of each day's work. Contractor is responsible to ensure proper diversion of all green waste via composting at a permitted compost facility. Contractor shall provide reports to Maintenance Operations Manager or designee annually by January 31 on the total tonnage of green waste hauled and the name and location of all compost facilities utilized for the prior calendar year. Weigh tickets may be required for verification. MSC 526 SERVICE AGREEEMENT EXHIBIT A page 42 of 81 3. The use of water is prohibited for cleaning purposes unless no other means of effective cleaning or unless otherwise specified. Contractor shall be responsible for the periodic inspection and cleaning of all catch basins, drain lines and curb drains within a park site. Any damages resulting from the Contractor's negligence of these inspections and/or lack of corrective measures shall be the Contractor's sole responsibility. 4. Decorative 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. 5. Performance Requirements for Hardscapes During each site visit concrete and asphalt areas, including driveways, parking areas, sidewalks, curb and gutters, expansion joints and walls adjacent to city landscape shall be kept clear of dirt, mud, trash, weeds and any other substances which are either unsightly or unsafe. Expansion joints or cracks in pavement areas shall be spot treated with a combination of non-selective contact herbicide as needed for weed control. X. PROTECTION OF SPORTS FIELDS The City shall be responsible for maintaining brick dust areas each softball/baseball field. The contractor shall perform mowing, trash removal and watering operations in a manner as not to inhibit the grooming of infields or disturb infields that have already been groomed. XI. EXHIBITS A. Sample Contract B. Insurance Requirements C. Map(s) D. Weekly Inspection Sheet E. Deficiency Notice F. Integrated Pest Management Policy G. Equipment Requirements MSC 526 SERVICE AGREEEMENT EXHIBIT A page 43 of 81 EAHIBI'I' A SAMPLE CONTRACT REDACTED - NOT A PART OF THIS DOCUMENT F,X11181T A Sample Cunivact Page I MSC 526 SERVICE AGREEEMENT EXHIBIT A page 44 of 81. EXHIBIT B CITY OF HUNTINGTON BEACH Phone: 714-374-5378 email: RMlnsurance@surfcity-hb.org Insurance Requirements vary for different applicants. Please see the below listed applicant lypes followed by the insurance requirements. City of Huntington Beach Resolution 2003-63 requires that contractors, pennittees, licensees/lessees and vendors have an approved Certificate of Insurance on file with the City of Huntington (leach fix the issuance of any permit or city contract. The insurance certificate nwst 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 he forwarded. If the insurance certificate is fixed. 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. rest's Rating of no less than A:VII I. CON RAC''ORS—Any persons or entities or Contract with the City and/or provide service to the City which are readily available and efficiently procured by competitive bidding. Requirements: General Liabiline If'orkers'Compensation,Auto Liabilint Additional Insured lintlorcements 2. DESIGN PROFESSIONALS- Professional Service contractors who contract with the Cit_v and/or provide architectural and/or engineering services to the City. Requirements: furors and Iindssions(Professional Liabilin)$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 Liabilin•, (Porkers'Compensation. Pi operm Insurance Udl repluc•ement costs with no coinsurance penalp provision). Additional Insured Endorsement J. PERiNI ITF.F.S—anv persons or entities%who make application to the City f'or any use of encroachment upon any street,waterway. pier.or City property. leuuirements: General Liahilitp, Worker:c'Compensation, aura Liabiligc Additional hisured A'wlu sennems i. PROFESSIONAL SERVICES—means those services,which involve the exercise of professional discretion and independent judement 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 I Iuntington Beach Municipal Code Section.1.02. Such Services shall include hilt not be limited to those services provided by appraisers,architects.attorneys.engineers. instructors. insurance advisors, physicians and other specialized consultants. Reguiremeus: Errors and Emissions(Professional Litrhili(t) S/,000,000 coverage Private Property Work Permit Requirements—I I the planted work(toes not involve public property or its right-of-sway(e.g.sidewalk/street),the Workers' Compensation Certi licate is the only insurance requirement. flowever. if the work site is adjacent or attached to public property,the City Attorneys Office must be informed for consideration or liability acid decides whether or not to approve the certificate with a specific"Private Property Only..approval stamp. EXIIIIII'I 13 Insurance(acquirements Page I MSC 526 SERVICE AGREEEMENT EXHIBIT A page 45 of 81 EXHIBIT B Y General Liability(G/L)—The general liability requirement is fa'SI.000,000 with"per occurrence-type claims coverage all(] a separate"Additional Insured F.ndorsenient"page listing both the policy number and naming the"C'ity ofllrouington Beach, its officers, sleeted or appointed officials, employees, agents and rolunteerc" 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 volumeers are to be specifically named and covered as additional insureds by separate attached endorsement(s)as respects liability arising out of action perfonned 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.']'Ile 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 Sell'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 S 1.000.000 and a separate "Additional Insured Endorsement' page listing both the policy number and naming the"Cimof IlumbWton Beach, its officers. elected or appointed g9ic•ialc. employees. agents and vohoncerc" 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(WIC)—The Worker's Compensation insurance requirement is the State statutory limits ofS250.000 bodily injury by disease,policy limit, and S 100.000 bodily inhuy each employee for accident or disease peroccurrence. Certificate holder listed on the certificate is: City of Huntington Beach, 2000 Main St., Huntington Beach,CA 92643. I f your organ iration/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 nmst contain a thirty(30)day notice. A ten (10)day notice for non-payment of premium is acceptable in combination with 30 clay notice. Y Professional Liability—Coverage must be provided at a mininumt ofSI.000.000 peroccur'ence and in the aggregate. Y Deductibles—The following deductibles are acceptable and all others must be removed from the insurance policy or a waiver can be requested (No allowances Ibr SIR) : o General Liability-SM00 o Auto Liability -S 1 4000 o Professional Liability/Errors& Emissions-S10.000 GNI IMIT II Insurance Requirements Page 2 MSC 526 SERVICE AGREEEMENT EXHIBIT A pie 46 of 81 EXHIBIT C Beach Front Park, Bluff Top Parka nd Sunset Greenbelt Maps INDEX TRASH CAN SITE NAME RD# ACRES TOTAL 1 BEACH FRONT PARK 451 3.8 NA 461 462 472 2 BLUFF TOP PARK 327 19.6 NA 337 348 349 359 3 SUNSET GREENBELT PARK 151 6.41 67 152 162 173 FSFIIBIT C Beach Front Blu17T01) Sunset Greenbelt Nlaps Index ABIowup Numbers Fire Hydrants Knox Boxes ,'+:•�\� p4 • �IIIL•••,I ��. IIII• •III LL v�1 • . ' TG RD ® J a . . • ABlowup NUmber Fire Hydrant Gate K' Knox :. r t+: P= rQ♦�+rRr i. i FF ti .�R ;3uai i rrr :4R e*•r:.; ��i�.��^_\ / AR Y �tt/^ as < ♦s tt R�ri t R ♦ 1r I�l , NOW = 1 Blowup Numbers Fire Hydrants Knox Boxes lot �. 111116 VN •\ - Ivix IV� • W Md MW �� / 'c �• ®� TG A 1 826 P MSC 526 SERVICE AGREEEMENT EXHIBIT A page 50 of 81 QBlowup Numbers Fire Hydrants ® Knox Boxes LMJ _ ,2 ff 3 8n4 a.' f _ Iter14 1 36 �� V \83 Oo Warner Ave. v ze ockc� Gate t� • �!P 1 • 26 163 Beat 8 A dcl Davenport Dr OC 3307 174 TG 827 B7 Warner Ave. Sunset Beach. 173 j"r RD 171 BoxesBlowup Numbers Fire Hyd,ants 71 Knox owl 327 337 338 P \"� MSC 526 SERVICE AGREEEMENT EXHIBIT A page 52 of 81 QBlowup Numbers • Fire Hydrants ® Knox Boxes � a "`l �' Bolsa Chica Wetlands f . l C►oun -. of OO range 31 4 19TS �, SEAS S�Qf 9 yr ' ,:y 19255 Iy n O 19205 4 . 19275 ee $ mm 1 c 19195 ':. '• g r. g 0 (V fR1 Beat 4 OC 3711 328 TG 857 F5327 `f mac` 337 '` �, MSC 526 SERVICE AGREEEMENT EXHIBIT A page 53 of 81 QBlowup Numbers • Fire Hydrants Knox Boxes O �O Azu65.Jt U0 OC� p 0 o by0�,y'L 6y ,' o •/ JO 90 �%' • pry y'.L saj /J�L',.� \ Guard "6 ��iouse B V \\ 0 '• ry g% �O' 22 4 c y O P ti 4 20 K Every Home East — Side of Goldenwest Mego y�-. 338 Beat 4 A aO'4\ az OC 3912 °'co348 a TG 857 G7 349 y /� Jr� mil'. ,�y .•��► 7:?X�r' •?'�� / �� -Blowup Numbers Fire Hydrants Knox Boxes . �,r!+ ��w�1tw + .+•r!! www,ip �.� r�^`,e .�"` �,tlxr' - Rr--,',+wwy •w, , ':w ;tln w <w ♦ +, :+ .w w .=ter I J + • + w�® �� ®� ws r. i♦♦ • �� '� �,�+w �� _' _ �� lrw `•��w.® w� we�,ww w'w,�,�; iw• !!w�l,w. 0-1 i , mil,,++ �w,, wwwRl;�ww �ww � ��,®!' ♦�� • OC 3913 348 34 9441 TG 8 57 G7 BoxesBlowup Numbers Fire Hydrants 771 LL\j Knox � •ice �/ .�� `��►�� : � •� MU AO MY •. �. ,fir' , �� `I�OI,�e IIII IIII . • OC 4013 35 • 451TG • . : . ox :. kN Is. I�f ♦/t�F J Ica y, MUM "�'� ®® !�!!'f!♦�� !!';♦ �� .1 �� ;fie' " ., i A � r}jM-OWf, .. 1 I•rt411 Yx• �.� Q`'r + ♦♦. ' as 0. M �. won !!+! ♦ �;y •Rw� ..� \tom' !�.♦♦ ♦®w `+►RRQ� 9 �$ w:<�♦ : w!!:��♦ •. ® ♦ w!, �t�a MEN ® ��,r♦♦♦♦ wlw,w♦ wl��,.♦♦www�♦ .. 1��w♦! �1..��'® �j • . �T ♦+,I�'� lwl,,♦+! w,rlw .-> �!�4`�, wR!`2r�♦ ♦� ��•i tip ry w \ � I I I � • 11 ! MSC 526 SERVICE AGREEEMENT EXHIBIT A page 57 of at QBlowup Numbers • Fire Hydrants ® Knox Boxes 6 A� 461 Y dip i ` E 4 c 461 P 0 0 fit. 4•� ` ' !. A 'Ce 4fii 5 ' t 2 Ciye•dC � O ` e h �` \ `3 i Toni length of pia from / �.• P.C.H.to end of pier: \ 5 1957 Ft �_� �� ■ 4 c• 1�! C' Q C' Q� 451 Beat 4 A r OC 4114 � ' 462 TG 887 H 1 °461 IJ dslyy. by page 58 of 81 . Blowup NumberHydrant . Box .i. wF:l rum ryF:, suy;, rvF:, s . •"F' Ma tuW �ttJ t!'W Fg+J �II FfRf t'�II fk�1 \\ho OC 4115L M$S S2s SERVICE AGREEEMENT EXHIBIT A page 59 of 81 QBlowup Numbers Fire Hydrants ® Knox Boxes .� cL .� DEE J •e ®1 �l 11 ' � y D 13 0 19. ach Yen e 21 P. . h 0 15 / 17 0`�1� � P r /l 19 462 Beat 2 A OC 4215 ocod 473 TG 888 B4 co m 472 1} 1 MSC 526 SER%8AW-TA ATJW9W�f_page 60 of 81 EXHIBIT D Location: Date: �P� Inspected By: Hazardous Condition Present: ❑ Yes ❑ No Good Fair Needs Improvement Overall Condition ❑ ❑ ❑ Turf Mowing ❑ ❑ ❑ Edging ❑ ❑ ❑ Weeds ❑ ❑ ❑ Litter Removal ❑ ❑ ❑ Clipping Removal ❑ ❑ ❑ Aerate & Fertilize ❑ ❑ ❑ Walkways ❑ ❑ ❑ Play Equipment ❑ ❑ ❑ Playground Sand Pits ❑ ❑ ❑ Chemical Edging ❑ ❑ ❑ Rodent Control ❑ ❑ ❑ Trees Trimming ❑ ❑ ❑ Staking ❑ ❑ ❑ Wood Chipping ❑ ❑ ❑ Planters Trimming ❑ ❑ ❑ Weeding ❑ ❑ ❑ Wood Chipping ❑ ❑ ❑ Irrigation Controller Adjustments ❑ ❑ ❑ Parts Replacements ❑ ❑ ❑ Picnic Shelters ❑ ❑ ❑ Restrooms ❑ ❑ ❑ Facilities ❑ ❑ ❑ Vertical Mowing ❑ ❑ ❑ Corrections and/or Comments Needed(if any(: B%I 111111 U North Parks Week[).Inspection Sheet Page I MSC 526 SERVICE AGREEEMENT EXHIBIT A page 61 of 81 EXHIBIT F., PERFORMANCE DEFICIENCY NOTIFICATION NOTIFICATION PROVII)FDTO: DA IT: TIMF LOCATION: VALUI OP DEDUCTION: $ The following Performance Deficiencies have been identified and require immediate corrective action. All deficiencies shall be penalized at a rate of S250 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. ❑ d. Failure to respond in the field %within 60 minutes to an after work hours emergency. ❑ 5. Failure to comply with City-defined manpower requirements. ❑ 6. Failure to provide adequate equipment. ❑ 7. Failure to comply with Water Quality Control Board —non-storm water discharges. ❑ 8. Failure to comply with current City, State, Federal Watering Restrictions. ❑ 9. Failure to apply chemicals, edge, mow, pick up debris, prune, rotolill in an approved and ❑ professional manner. 10. Failure to adhere to City-defined dress code. ❑ 11. Failure to adhere to any and all maintenance specifications. ❑ Comments: Please initiate necessary corrective actions and notify Maintenance Operations Manager and Landscape Maintenance Supervisor when completed for follow up inspection. Maintenance Operations Manager Landscape .Maintenance Supervisor Representative For Contractor EX1111311 Ii Nonh Parks Deticicnce Notice Pagc I MSC 526 SERVICE AGREEEME LWA page 62 of 81 EXHIBIT E p.2 LOCATION: DATEINSPECTED: INSPECTED BY: CITY OI I IUNTINGFON 13EACI I LANDSCAPE NIA IN'I-I NANCE DII'ICILNCY NU"I'ICE f II71.1D PUNCIILIS'I' TURF: Bare Areas/Overseed Weeds-Grassy Erosion/ Depressions Dead/Stressed Weeds-Broadleaf Rodents Mowing/ Edging Aeration/Verticutting Fertilize Clippings/Debris HARDSCAPE/STRUCTURES/WALLS: Clean Walks/Gutter Graffiti Removal Weeds Clean Drains/Vee Ditch Hazardous Conditions GROUND COVER: Missing/Replant Weeds- Broadleaf Cultivation Dead/Stressed Fertilize Erosion/Depressions Trim Walks/Fences Pests Buffer Zone Maint Trim Heads/Boxes Rodents Weeds-Grassy Clippings/Debris LIGHTING: Non-operational Broken/Damaged Timer Programming SHRUBS: Missing/Replant Fertilize Pests Dead/Stressed Trim/ Prune TREES: Missing/ Replant Fertilize Stakes/Arborguard Dead/Stressed Thin/Prune/Suckers Water Fountains Arborguard Weeds Pests IRRIGATION: Broken Heads Clogged Nozzles G.C. Overwater Missing Heads Leaky Seals G.0 Underwater Leaning Heads Valve Condition/Leak Shrubs Overwater Stake Heads Programming Shrubs Underwater Box/Lid Conditions Turf Overwater Trees Overwater Arc Adjust Turf Underwater Trees Underwater Comments: Received by: Signature Date Print Name MSC 526_SERVICE AGREEEMENT EXHIBIT A page 63 of 81 EXH1131T F EQUIPMENT REQUIREMENTS MSC 526 Beach Front Park, Bluff Top Park & Sunset Beach Greenbelt Contractor shall provide all new equipment to be used exclusivchV within the City of Huntington Beach. All equipment must be authorized and approved for use by the Alaintenance Operations manager or desienate. 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) 60"-wide mow deck system tractor per crew. EXI IIHrr I I Beach Front Vark, IilutTTop Park&.Sunset Beach(keen Helt Equipment Requirements Page I MSC 526 SERVICE AGREEEMENT EXHIBIT A page 64 of 81 EXH1131T G Integrated Pest Management Program PURPOSE: 'I'o establish criteria for an Integrated Pest Management (II'M) Program. Components of an II'M Program An IPM program is a Iona-term, multi-faceted system to manage pests. Use ol*pesticidcs 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. SUCCCSSfid IPM practitioners are knowledgeable about the bioloey of the plants and pests and successful II'M programs primarily use combinations of cultural practices as well as a combination of physical. mechanical and bioloeical 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 the\, 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. ORC11 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 II'M program, and can he 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. hxamp]es ol'prevention include choosing an appropriate location for planting, making sore the root system is able to grow adequately and selecting plants that are compatible with the site's environment. N'lonitoring fhe basis of 1 pl\4 is the development and use of a regular monitoring or scouting program. N4onitoring 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 sire or injury. ']'his 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 EXIIIIIII G Imegr,ned I'ear Nlanagannn Policy Page I MSC 526 SERVICE AGREEEMENT EXHIBIT A pie 65 of 61 EXHIBIT G some plants and younger ones on others. Randomly looking at it 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 HIM program. Records should include information such as date of examination. pests found, sire and extent of the infestation, location of the infestation, control options utilized. effectiveness of the control options, labor and material costs. Iniury 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 it 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 it 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 vary_ ing site conditions. The primary pest control tactics to choose from include: • Cultural • Mechanical/Physical • Biological • Pesticide Cultural Cunfrols 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. I'xImm G Integrated Pest AI anagcment PoIicY Page 2 MSC 526 SERVICE AGREEEMENT EXHIBIT A rmge 66 of 81 EXHIBIT G Mechanical/Physical Controls Mechanical control tactics involve the use of manual labor and machinery to reduce or eliminate pest problmns using methods such as handpicking. physical barriers. or machinery to reduce pest abundance indirectly. BXamples include hand-pulling or hoeing and applying mulch to control weeds. using, trap boards for snails and slugs. and use of traps for gophers. 'I'he use of physical manipulations that indirectly control or prevent pests by altering temperature, IighL and humidity can be effective in controlling pests. Although in outdoor situations these tactics are diflicult to use for most pests, they can be effective in controlling birds and mammals iftheir habitat can be modified such that the\, do not choose to live or roost in the area. Fxamples include removing garbage in a timele manner and using netting or wire to prevent bird from roosting. Biological Controls Biolo..!ical control practices use living organisms to reduce pest populations. 'these organisms are often also referred to as bcnelicials, natural enemies or biocontrols. They act to keep pest populations low enou1111 to prevent significant economic damage. l3iocontrols include patho(,,ens, parasites. predators. competitive species. and antagonistic organisms. Beneficial organisms can occur naturally or can be purchased and released. 'I'hc most common organisms used for biological control in landscapes are predators. parasites. pathogens and herbivores. • predators are organisms that cat their prey (e.g. I..adybugs). • 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 (c.g. tiny stingless wasps for aphids and whitctlies). • Patho,,ens are microscopic organisms, such as bacteria. viruses. and fungi that cause diseases in pest insects. mites. nematodes. or weeds (e.g. Bacillus thurhWiensis or 13'1). • Flcrbivores are insects or animals that feed on plants. These are effectivc for weed control. Biocontrols for weeds cat seeds. leaves. or tunnel into plant stems (c.g. goats and some seed and stem borers). HXI IIBI I G Integrated rest Management Pnliq'Page 3 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 67 of 81 EXHIBIT G In order to conserve naturally occurring bencficials. broad-spectrum pesticides should not be used since the use of these types of pesticides may result in secondan- pest outbreak clue to the mortality of natural enemies that may be keeping other pests under control. Pesticide Controls Any substance used for clefoliadng plants. regulating plant growth or preventing. destroying, repelling or mitigating any pest. is a pesticide. Insecticides. miticides. herbicides. fungicides, rodenticides and ntolluscides 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 .lust before pest populations cause unacceptable dama6c. 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 far 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 anti increase the likelihood of pesticide resistance. Always choose the most specific but least toxic to non-target organisms method. hi 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 wcb site w\ww.edpr.cw._oy to incorporate current legislative and/or re6ulatory changes into the program. POLICY: The City of Fluntington 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. 13. Limit exposure to any pesticides where children and the general public congregate. E X I IIIIIT G Integrated Pest%lanagemem Police Page 4 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 68 of 84 EXHIBIT G C. Incorporate additional guidance on use of pesticides for city rights of way, facilities and other properties owned by the city. D. Use EPA level pesticides in a targeted manner and only if deemed necessary to protect public health and economic loss by a licensed pest control advisor and/or city staff, when pests cannot be managed by other methods that we would have. PROCEDURES: The procedures seek to increase the long-term prevention and suppression of pest problems (insects. weeds. diseases, and vertebrates) with the minimum impact on human health. the environment. and non-target organisms. Emphasis is placed on improving cultural practices to prevent problems and utilizing alternative control measures instead of broad spectrum pesticides Information on the latest IPM information including management of new pests in the landscape is obtained from local UC Cooperative Extension Advisors. UC IPM Regional Advisor. or the Statewide UC IPM Web Site at www ipm ucdavis edu. Designated IPM Coordinator or IPM Contact Information: David De La Torre City of Huntington Beach 714-375-5124 Personnel responsible for the care and maintenance of facilities under the above- mentioned jurisdiction agree to implement a suite of basic integrated pest management procedures selected from the following five main components of an IPM program 1) Prevention II) Pest and Symptom Identification III) Monitoring for Pests and Problems IV) Action Thresholds and Guidelines V) Selection of Appropriate Management Methods (Control Tactics) EXHIBIT G Integrated Pest Mmagenwnt Polic} Page 5 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 69 of 81 EXHIBIT G I. PREVENTION A. Landscape Design Procedures (a minimum of three must be selected) ® Drainage, soil characteristics, water quality and availability are considered during plant selection. ® Sun exposure, heat, and high temperature conditions are considered during plant selection. ® Adequate space is allowed for root growth, especially trees. ® Nursery stock is inspected and rejected if not healthy (injuries, diseased, circling roots/potbound, poor staking and/or pruning). ❑ Pest resistant species and cultivars are selected. ® Plants with similar growth characteristics and irrigation requirements are grouped together. ® Landscape design matches available irrigation technology to avoid excess water use and to minimize surface runoff. B. Site Preparation and Planting Procedures (a minimum of three must be selected) ® Assess soil drainage properties and improve compacted soils prior to planting. ❑ Conduct a soil analysis to determine chemical and physical properties of the existing soil and then add appropriate amendments such as organic matter. ® Ensure irrigation is installed as designed in order to avoid poor uniformity once plants are in place. ® Follow proper planting procedures for particular plant species to avoid planting too deeply or too shallow. ® Nursery tree stakes are removed at planting and replaced with staking that allows trunk to flex; removing these stakes after 1 to 1.5 years. ® Utilize a soil probe or other soil moisture measurement device to monitor soil moisture levels in existing root ball and surrounding soil during establishment period. I:X 11131'1 G Integrated Pest Management Policy Page 6 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 70 of 81 EXHIBIT C 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 0. 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 G Iniegrnal 1'esl Management Policy 1'age 7 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 71 of 81 EX141BIT G 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. FNIUMTG Integrated I'est\lanagcnient Policy Page 8 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 72 of M EX141131T C B. Weeds (a minimum of one must be selected) ® Field personnel are trained to identify common weeds in the landscape. ® Field personnel are trained to utilize weed life cycles to properly control weeds such as controlling crabgrass utilizing a pre-emergent herbicide applied in mid-January. A licensed Pest Control Adviser is on staff or contracted to properly identify the pest. C. Diseases (a minimum of one must be selected) ® Field personnel are trained to recognize common diseases or their signs/symptoms in the landscape. ® Field personnel are trained to utilize disease life cycles to apply treatments when the organism can be controlled most effectively. ® Field personnel are trained to recognize the difference between biotic and abiotic problems. ® Field personnel are trained to understand how common diseases are spread throughout the landscape. ® Disease signs and symptoms are sampled and submitted to the Orange County Agricultural Commissioner for identification by the county plant pathologist. ® A licensed Pest Control Adviser is on staff or contracted to properly identify the pest. ® Photographs of disease signs and symptoms are taken and compared to reference guides such as 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. FXI111111 G Integrated Pest \l atageme at Policy Page 9 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 73 of 81 EXHIBIT G ® A licensed Pest Control Adviser is on staff or contracted to properly identify vertebrate pest. III. MONITORING FOR PESTS AND PROBLEMS A. Insect/Mollusk Monitoring Procedures (a minimum of three must be selected) ® Visually inspect plants for insects, mites, snail and slug damage at least monthly; recording results utilizing a method conducive to tracking changes and easy recall of data. ❑ Yellow sticky traps are utilized to assess populations of insects. ® Insects are dislodged from plants by shaking over a collection surface usually consisting of a clipboard with a white sheet of paper. ❑ If available for a particular insect, phermone-baited traps are utilized. ❑ Soil-dwelling turf insects are brought to the surface for monitoring by flushing a specific area of soil (i.e. 2' x 2' grid) with plain water or a soapy water mixture. ® The amount of honeydew (aphids) and frass (caterpillars) present is utilized as an indicator of population levels. B. Weed Monitoring Procedures (a minimum of two must be selected) ® Landscapes are inspected at least 4 times a year(early winter, early spring, summer and early fall) for weeds in order to determine if and when a weed problem exists. ® Utilize site surveys to record the location, date, and severity of weed problem, recording results utilizing a method conducive to tracking changes and easy recall of data. ❑ Count and record the number of weeds encountered at periodic intervals (e.g. every 1 to 2 feet) along a straight line transecting a landscapes area or within a selected area, for example 4 sq. ft. samples done in random places in a bed or turf area. III III1 6 Intcgnucd I'CSI \lanugenrcnl I")I1C%'Inge 10 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 74 of 61, EXHIBIT G C. Disease Monitoring Procedures (a minimum of two must be selected) ® Landscapes are regularly checked for conditions, such as overwatering and injuries, which promote disease. ® Landscapes are checked monthly, at a minimum, for disease symptoms and signs. Disease prone plants are checked more frequently. ❑ Records are kept utilizing a method conducive to tracking changes and easy recall of data of each landscape inspection noting, date when disease signs and symptoms were first noticed and the current environmental conditions and soil moisture levels. D. Vertebrate Monitoring Procedures (a minimum of two must be selected) ® Landscapes are regularly inspected for vertebrate presence either by damage caused by animal, actual animal sightings, and/or droppings. ® Records are kept of the absence or presence of actual vertebrates, the damage caused, and/or the presence or absence of droppings. ❑ Maps are created and updated at least twice a year, recording area of high vertebrate damage or signs (such as gopher mounds). IV. ACTION THRESHOLDS AND GUIDELINES A. 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"MIIRrI G InlrgraWd Pcsl NI a[Mgcmcnt POIicv I'agc I I MSC 526 SERVICE AGREEEMENT EXHIBIT A page 75 of k! EXHIBI' G 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 FXIIIIII'I G Iniegratcd Pest Management Policy Page 12 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 76 of 81 EXHIBIT G 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. Ii SI II I II'I (; I ntegratc(l I'est%lanacement 114)1 ic.'I'age 13 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 77 of 81 EXHIBIT G ❑ 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) ❑ Spot treatments are utilized rather than broadcast methods. EXIIIHrr G Integrated Pest Mhmagement Policy I age 1.1 MSC 526 SERVICE AGREEEMENT EXHIBIT A pqe 78 of 81 EX1-11BIT G ® 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) FX111M '6 Integrated Pesl Management Pulicv Page 15 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 79 of 81 EXHIBIT C ❑ 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) EX I I I I I I G Iniceancd I'cst Managcmcm N,I icy'I'agc 16 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 80 of 81 EXHIBIT C ® Anti-coagulant baits are used and applied according to label. ® Bait is applied in a manner that non-target animals do not access to it. ® Restricted use rodenticides, aluminum or zinc phosphide, are used only after applicator has been trained for that product or only by a wildlife management contractor. VI. GENERAL PESTICIDE MANAGEMENT PRACTICES (all practices listed below must be selected) ® Restricted use pesticides are only used when no other alternatives are practical. ® If pesticides are necessary, CAUTION-labeled pesticides are considered before more toxic alternatives. ® Only small quantities of pesticides are purchased eliminating the need for stockpiling. ® MSDSs are regularly updated to reflect new pesticides or label changes to pesticides in storage. ® Pyrethroid based chemicals are applied according to current (July 2012) DPR regulations and are only scheduled after rain forecast monitoring. FX111BITG Integrated Pest Management Policy Paee 17 MSC 526 SERVICE AGREEEMENT EXHIBIT A page 81 of 81 EXHIBIT G 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"XIII131'1 6 Integrated 1'est,Management Policy Pugs IS R I✓ A� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIUWYYYYI3/1512021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES i BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such ondorsement(s). PRODUCES Adamson & McGoldrick Insurance Solutions COX`' Brigid Lopez 1150 E.Orangethorp Va Ave., Suite 100 PHMaA„ Placentia, CA 92870 LoD E, 714-257-9044 F Nor 714-257-9033 .ADaBE111 blopoz(dladamaenmcgoldrlck.com INSURERIS)AFFONDINO COVERAGE NAIC1 www.adomsonmcgoldrick.com INSURER A: XLlnsumnce America Inc, 24554 INSURED INSURER B: XL Specialty Insurance Company 37805 Moves Landscape, Inc. 1629 E.Edinger Avenue INSURER C: Santa Ana CA 92705 WSURER O: SlarStone Nallonel Insurance Company 25496 wsUREn E: INSURER F: COVERAGES CERTIFICATE NUMBER: 60615565 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 POLMYNUMOER M&CDrYYYY YCFF POLIICYEXP DMDB A COMMERCLALGENERALLIAMLRY NGL7002.97101 2/22/2021 2/22/2022 EACROGGLUS..CE $1000000 _ ❑AIMSANDE n OCCUR PREM15C $100 000 MEO EXP IA^Y one I E.dn) $5 000 PERSONKSADV WJURY $1_r000�01XJ O[ITL AGGREOAIE LI\YT APPUEu^PER 06VERAl.AOGflEDATE $2.000,000 POIKY0 JECT F-1I.cc PRODUT:T6-COMPIOP ADD 92,000,000 OTHER: APPROVED AS TO FORM Pollution $1 000000 B AUTOMOBILE LIABILITY ✓ NBA100 00 1.021 2222022 ffiCOMBINCO SINGLE LIMIT $1000000 ANY AUTO BOINLY INJURY(Per wIP,n) S OWNED — SCHEDULED M CHAEL E. ATE$ BODILY INJURY(Pa.ctld.M) $ AUTOS°NIY AUTOS CITY ATTORNEY r ER DAhVkGE ✓_ AU TOO ONLY _✓ AUTTOO$ONo LY $ C TY OF HUNTINGTON BEACH $ UMnRCLLAL= OCCUR eAclloccuRaENce s EXCLSSLIAR QAMSIAADF. AGGREGATE S DELI I I REIENTION 6 D ''WORKERS COMPENSATION T1020D883 4/a2020 4/0/2021 SER U UTH. AND EMPLOYERS LIABILITY Af:YPROPWELWWARI NELLE%ECUTNE YIN lAiLK E.L.EACH ACCIDENT 61000000 OFFICEIUA'.G•aER[%CLWEOJ �Y NIA (Mandatory In NH) E.L.DISEASE-EAEMPLOYE 6 ,QQg000 - Itym adembe„aJ DESCRIPTION OF OPERATIONS belay 6.L-OISEASE-POLICY LLVJT $1000000 0 ESCRPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remak.Schedule,may be.1whed it mon.,.co Is required] RE:All Operations.The City of I lundnglon Beach II's officers,elected or appointed officials,employees,ngents and v°lunleDrs are namod as additional Insured par winched forms.Coverage Is UK Insurance as respells the City,its agents,officers,and employees.Any insurance or self-Insurance main(ained 6yy the City,Ilr a ants,UK erg,and emplm/ons shall bn excogs of the submitted Insuranco and shall not contribute with 11.30 Days'notice of cBnc°Ilallon except 10 days given for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityy of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Maln St., ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AVTIIOmZCBRCPRESENTATIVE Brian McGoldrick 019BB-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1064"IS I NME-1 1 21/22 UL/AV/VMS/RWID/NC I ecleld LOP.. 1 3/16/2021 6,2s,S2 NI leorl I Page L of 11 NBA100447000 Niows Landscapo,Inc. 311 W..021 POLICY NUMBER: XIC 421 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE DESCRIPTION A. Temporary Substitute Auto Physical Damage B. Who Is An Insured 1. Broad Form Insured 2. Employees As Insureds 3. Additional Insured By Contract, Agreement or Permit 4. Employee Hired Autos C. Supplementary Payments D. Amended Fellow Employee Exclusion E. Physical Damage Coverage . 1. Rental Reimbursement 2. Extra Expense—Broadened Coverage . 3. Personal Effects Coverage 4. Lease Gap 5. Glass Repair—Waiver Of Deductible F. Physical Damage Coverage Extensions 1. Additional Transportation Expense 2. Hired Auto Physical Damage G. Business Auto Conditions 1. Notice Of Occurrence 2. Waiver Of Subrogation 3. Unintentional Failure To Disclose Hazards 4. Primary Insurance W Bodily Injury Redefined I. Extended Cancellation Condition XIC 421 1013 0 2013 X.L.America, Inc. All Rights Reserved. Page 1 of 6 May not be copied without permission. Includes copyrighted nlatedal of Insurance Services Office, Ina,with Its permission. 1064SS65 1 1J36V8-1 1 21/22 OL/AV/GMO/E ZPNC I Brigid 1,a"' 1 3/15/2021 1115151 AY. (PVCI I Pd" 2 of 12 i A. Temporary Substitute Auto Physical Damage SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is changed by adding the following: If Physical Damage coverage Is provided by this Coverage Form, the following types of vehicles are also covered"autos' for Physical Damage coverage: i 1. Any"auto'you do not own while used with the permission of its owner as a temporary substitute for a covered"auto"you own that is out of service because of its: a. Breakdown; b. Repair; C. Servicing; d. "Loss"; or e. Destruction. B. Who Is An Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is changed by adding the following: 1. Broad Form Insured j For any covered 'auto', any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority Interest, provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to "bodily injury' or 'property damage"that occurred before you acquired or formed the organization. I f 2. Employees As Insureds Any'employee' of yours is an"insured'while using a covered"auto' you don't own, hire or borrow, j in your business or your personal affairs. 3. Additional Insured By Contract, Agreement Or Permit Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the 'bodily Injury' or "property damage' occurs subsequent to the execution of the written contract, agreement or permit. 4. Employee Hired Autos An"employee'of yours is an"insured"while operating an'auto" hired or rented under a contract or agreement in that "employee's' name, with your permission, while performing duties related to the conduct of your business, XIC 421 1013 ®2013 X.L. America, Inc. All Rights Reserved. Page 2 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. woven I :+1wea1 21/11 OLAY/M./c lWW I n.1y1a I "- 1 2As/1021 uu.52 M (Pmn I e.e• 3 o1 u SECTION IV— BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. is replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1) Any covered"auto'you lease, hire, rent or borrow;and (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". C. Supplementary Payments SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is changed as follows: Item (2) is deleted and replaced by the following: (2) Up to $3,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an"accident"we cover.We do not have to furnish these bonds. Item(4) is deleted and replaced by the following: (4) All reasonable expenses incurred by the'insured' at our request, including actual loss of earnings up to$500 a day because of time off from work. D. Amended Fellow Employee Exclusion SECTION 11 —COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee does not apply. The insurance provided under this Provision D. is excess over any other collectible insurance. E. Physical Damage Coverage SECTION III—PHYSICAL DAMAGE COVERAGE,A. Coverage is changed by adding the following: 1. Rental Reimbursement a. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto' because of "lass" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered 'auto". No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning twenty-four (24) hours after the "lass" and ending, regardless of the policy's expiration, with the lesser of the following number of days: XIC 421 1013 ®2013 X.L. America, Inc. All Rights Reserved. Page 3 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with Its permission. eoecsses I reeve- 1 a,/» oL/w/Wx/�IP/MO I ercyca Wp z I >/is/eon aus,sa M ear I vs" 4 ee It I (1) The number of days reasonably required to repair or replace the covered 'auto'. If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered"auto'and return it to you. (2) Thirty(30)days. C. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred. (2) $50 any one day per private passenger"auto'; $100 any one day per truck; $1.500 any one period per private passenger'auto"; $3,000 any one period per truck; or Higher limits if shown elsewhere in this policy. d. This coverage does not apply while there are spare or reserve"autos" available to you for your operations. e. If"loss' results from the total theft of a covered"auto" of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. 2. Extra Expense—Broadened Coverage i We will pay for the expense of returning a stolen covered"auto'to you. 3. Personal Effects Coverage If you have purchased Comprehensive Coverage on this policy for an 'auto' you own and that "auto' is stolen, we will pay, without application of a deductible, up to $500 for"personal effects' stolen from the"auto'. As used in this endorsement, 'personal effects" means tangible property that is worn or carried by an"Insured". 'Personal effects'does not include tools,jewelry, money or securities. 4. Lease Gap I In the event of a total "loss" to a covered "auto' shown in the Declarations, we will pay any unpaid i amount due on the lease or loan for a covered"auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the'loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchases with the loan or lease;and (5) Carry-over balances from previous loans or leases. XIC 421 1013 Q 2013 X.L. America, Inc. All Rights Reserved. Page 4 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. causes I Bicvr.-i i n/v o1,/eu/d04B/MU1P/gc I Brigid in Z 1 3/31/2021 B,a,es M IPnp I Ps. 5 oe 11 5. Glass Repair—Waiver Of Deductible No deductible applies to glass damage if the glass is repaired rather than replaced. F. Physical Damage Coverage Extensions SECTION III—PHYSICAL DAMAGE COVERAGE,A. Coverage,4. Coverage Extensions is amended by the following: 1. Additional Transportation Expense Sections a. and b. are amended to provide a limit of$50 per day and a maximum limit of$1,000. 2. Hired Auto Physical Damage The fallowing section is added: Any 'auto" you lease, hire, rent or borrow is deemed to be a covered "auto' for physical damage coverage. The most we will pay for each covered"auto"is the lesser of: (1) the actual cash value; (2) the cost for repair or replacement; or (3) $50,000. or higher limit if shown on the Declarations for Hired Auto Physical Damage Coverage. For each covered "auto' a deductible of $100 for Comprehensive Coverage and $1,000 for Collision Coverage will apply. G. Business Auto Conditions SECTION IV—BUSINESS AUTO CONDITIONS, A. Loss Conditions is changed by the following: 1. Notice Of Occurrence Section 2.—Duties In The Event Of Accident, Claim, Suit Or, Loss, a. is changed by adding the following: If you report an injury to an "employee' to your workers' compensation carrier and if It is subsequently determined that the Injury is one to which this insurance may apply, any failure to comply with this condition will be waived if you provide us with the required notice as soon thereafter as practicable after you know or reasonably should have known that this insurance may apply. 2. Waiver Of Subrogation Section 5. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following: However, this Condition does not apply to any person(s) or organization(s) with whom you have a written contract, but only to the extent that subrogation is waived prior to the"accident'or the"loss" under such contract with that person or organization. XIC 421 1013 ®2013 X.L. America, Inc. All Rights Reserved. Page 5 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 6060565 mrvc.-i 1 31/22 aL/AV/OMB/WUIPMC I Brigid Lopez 1 3/15/2021 6925,52 AY iWr) I PA9e { Of 11 SECTION IV—BUSINESS AUTO CONDITIONS, B. General Conditions is changed by the following: 3. Unintentional Failure To Disclose Hazards The following condition is added: Your unintentional failure to disclose all hazards as of the inception date of the policy shall not prejudice any Insured with respect to the coverage afforded by this policy. 4. Primary Insurance Condition 5. Other Insurance is changed by adding the following: For any covered "auto" this insurance shall apply as primary and not contribute with any other insurance where such requirement is agreed in a written contract executed prior to a"loss". H. Bodily Injury Redefined SECTION V—DEFINITIONS, C. "Bodily injury'is replaced by the following: "Bodily injury' means bodily injury, sickness or disease sustained by a person including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. I. Extended Cancellation Condition COMMON POLICY CONDITIONS (Form IL 00 17), A. Cancellation, 2.b. is replaced by the following: The greater of sixty(60) days or the time required by any applicable stale amendatory endorsement before the effective date of Cancellation if we cancel for any other reason. All other terms and conditions of this policy remain unchanged. +f I 1 XIC 421 1013 0 2013 X.L. America, Inc. All Rights Reserved. Page 6 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. w6�s165 I MEW-1 1 11/22 r.Liewam/wmP/w I Priem wP<. I I/Ishan b29152 µ IPM) I PMy* 7 or 11 Nieves Landscape, Inc., COMMERCIAL GENERAL LIABILITY NGL100297101 CG 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies Insurance provided under the following: v COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing In a contract or Condillon and supersedes any provislon to the agreement that this Insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other Insurance available to the additional Insured. This Insurance Is primary to and will not souk contribution from any other Insurance available to an additional Insured under your policy provlded that: (1) The additional Insured is a Named Insured under such other insurance;and CG 20 01 04 13 ®Insurance Services Office, Inc., 2012 Page 1 of 1 a0a�ss65 tl1F -1 1 2 /22 eWAu/V /�EP/NY I Ar1g1a [.spot 1 ]/15/a"] e,25,52 A (Pm) I "ge a a2 11 POLICY NUMBER: ' NGL100297101 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 Organization(s) Location And Description Of Completed The City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and volunleers V MCS 526Beach Front Pant,Bluff To Park,&Sunsol Beach Be Green Beltt Landscape Malnlenance SPervlces i Information re ulred 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 organizatlon(s) shown in the Schedule, but only Section Ill—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 1. Required b the contract or agreement; or Included in the "products-completed operations y g 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 bylaw;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 provldefor such additional insured. I CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Pagel of 1 i tocessas mcve-i I ]I/22 M AU/UgDloD IP/AC I neisia r dx I s/ts/von ewsssv Aa (PDT) I PAge 9 01 11 POLICYNUMBER: . NGL100297101 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsemenlmodifies 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 The City of Huntington Reach,Its officers,elected or appointed officials.employees,agents and volunteers / MCS 526-Beach Front Park,Bluff Top Perk,&Sunset Reach JGreen Bell Landernpo Maintonnnco SeMces 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. W Ith respect to the Insurance afforded to these Include as an additional Insured the person(s) or additional Insureds, the following additional organlzatlon(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' ^propertydam age"occurring after: caused,in whole or in part, by 1. All work, Including materials, parts or 1. Your acts or omisslons;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. com pleted;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 0413 O Insurance Services Office,Inc.,2012 Page 1 of 2 i i 10r4s56s "MC-r I er/» aWAwaa/wmv/"c e.rate wp.. 13/rs/:on 9125,52 M (v l I Rae. 10 o: 11 C. W Ilh respect to the Insurance afforded to these 2. Available under the applicable Limits of additional Insureds, the following is added to Insurance shown ln the Declarations: Section III—LI mlts 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 2010 0413 6064Ssas HIEVE-1 1 21/22 0c/W/MB/I.W1PNC 10ue1e waa. 1 3/15/2013 0,:e:52 M (wn I eaya 11 Of 11 City of Huntington Beach J 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ �vkvNv.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk March 26, 2021 Nieves Landscape Inc. ATTN: Greg Nieves 1629 E. Edinger Ave. Santa Ana, CA 92705 Dear Mr. Nieves: Enclosed is a copy of the fully executed "Service Agreement between the City of Huntington Beach and Nieves Landscape Inc. for MSC-526 Beachfront, Blufftop and Sunset Greenbelt Parks" Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand