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DMS FACILITY SERVICES
INSURANCE ON FILL WORK MAY PROCFr- UNTIL INSURV e i l I o Lo AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES CLERK OF COt UNCIL DATE: FOR CITY OF SANTA ANA PARKS ?"o$i1Vly Lvev AJ d1 A-2020-001 THIS AGREEMENT is made and entered into this 21st day of January, 2020 by and between ;y DMS Facility Services, LLC. a California Limited Liability Company ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). No RECITALS N O A. On October 7, 2019 City issued a Request for Proposal ("RFP") for landscape maintenance ='— services for City parks (Districts 1-4), the Civic Center, and the Santa Ana Zoo. City also issued N Addendum No.1 on October 25, 2019 (both the RFP and Addendum No. 1 are incorporated herein `D by reference as though fully set forth below). Contractor submitted a proposal dated November 4, N2019 for landscape maintenance services for City parks (incorporated herein as though fully set O forth below). Contractor was selected as the most qualified proposal for landscape maintenance services for City parks (Districts 1-4). B. 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 professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform landscape maintenance services for City parks (Districts 1-4) as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibit B. The total sum annual amount to be expended under this Agreement shall not exceed three million five hundred ninety-nine thousand, three hundred and ten dollars ($3,646,500) during the term of this Agreement. This annual amount is comprised of (1) the base agreement amount of $3,315,000 and (2) a 10% contingency of up to $331,500 for services as may be performed by Contractor at the sole discretion of City. The total Agreement not to exceed amount shall be fourteen million, five hundred and eighty-six thousand dollars ($14,586,000). b. Payment by City shall be made within forty-five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by City. #5944vl 3. TERM This Agreement shall commence on February 1, 2020 and terminate on January 31, 2024, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection #5944v1 against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The insurance policy shall not have an exclusion for sexual molestation. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City, and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. #S944v1 8. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terns of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours, Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 45944v1 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, director indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. BACKGROUND CHECK REQUIREMENTS Contractor shall not assign any employee, agent, subcontractor or volunteer to provide services pursuant to this Agreement, if that employee, agent, subcontractor or volunteer is required to register as a sex offender under California Penal Code Section 290 et seq, has a conviction for any crime of moral turpitude, has a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190A and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 289.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314, 347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 19745, 18750, or 18755, 12022.53,11418(b)(1) or (b)(2); Business and Professions Code Section 729. Failure to comply with this Section shall be grounds for immediate termination of this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 #5944v1 And City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Contractor: DMS Facility Services, LLC. Attention: Fred Gonzalez, General Manager 1040 Arroyo Drive South Pasadena, California 91030 Fax: (800) 443-8677 Email: ftgd.�on2alez ddmsfacilityservices coin A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services, which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16, TERMINATION Except as otherwise specified herein, this Agreement may be terminated by the City upon thirty (30) days written notice of termination, In such event, Contractor shall be entitled to receive mid the City shall pay Consultant compensation for all services performed by Contractor prior to receipt of such notice #5944vl 4 of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case, such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement, 17, NONDISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION - VENUE 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. 19. 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 Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and tight to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. #5944v1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: rn � of the APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: &n.a�u cam A Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: 62 Lis R o Executive Director Parks, Recreation, and Con inanity Services Agency CITY OF SANTA ANA o� tine Ridge CityManager CONTRACTOR: Fred Gonzalez General Manag r DMS Facility Services, LLC, #5944vl EXHIBIT A SCOPE OF SERVICES #5944vI Appendix ATTACIiMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICES RFP NO,; 19-092 Description of Work ROUTINE MAINTENANCE The Contractor shall assign the appropriate number of staff at the appropriate skill level and rank in their organization, to continuously improve the quality of Santa Ana Parks and Facilities. The Contractor understands and agrees by entering into the agreement with the City of Santa Ana Park Services Director's Representative shall be the sole source of interpreting the specifications and the quality of work specified herein in writing and by the Santa Ana Park Services Quality Maintenance Standards PowerPoint herewith. Should the Contractor fail to provide the City with the level of service specified, the Director's Representative shall have the authority to direct the Contractor to add additional staff, equipment or both to achieve the maintenance standards specified herein. Each morning at the start of the workday the Contractor's Supervisor or their designated representative shall inspect each site and respond immediately to any malfunctions, vandalism, hazardous conditions or otherwise abnormal conditions that are inconsistent with the quality standards specified herein or threaten people and/or property by reporting the condition immediately to the Director's Representative. Failure to inspect each site daily before 9:00am will result in a $300 penalty per site. A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period: 1) shovel -cut all tree rings (see 1.3.6 herein); 2) raise all trees (see 2.4.1.3 herein); and, 3) mulch all areas (see 2.1.1 & 2.2.1 herein), The Contractor acknowledges each sites irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contactor for the initial repair of each sites rotors/heads and lateral irrigation lines. Following the initial agreement start-up repairs, the Contractor shall assume responsibility for future repairs (see 9.3 herein). Routine maintenance shall include but not be limited to the following services performed at the Work Sites and per the City of Santa Ana Park Services Quality Maintenance Standards (reference PowerPoint). Turf Care and Services The Contractor shall establish a "Turf Management Crew" dedicated to providing turf management, improvement and maintenance services. In addition, the Contractor shall provide T e— City of Santa Ana RFP 19-092 Page 12 extra staff to perform annual sport/priority turf renovation services. These extra staff shall not be part of other dedicated crews, but, be extra to help perform periodic maintenance. Turf Care — shall be differentiated by the two types of turf — "Casual Turf' and "Priority Turf' (see areas indicated on the site maps). The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades. Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. All visible turf clippings shall be removed from the site the same day turf care occurs pursuant to SAMC Chapter 16. Furthermore, the Contractor shall prevent turf clippings from leaving the site into streets or any other adjacent properties. From time to time the Director's Representative will direct the Contractor to change mowing patterns to minimize rutting and compaction. 1.1 Casual Turf Mowing All "casual" turf (non-sport/priority turf] shall be mowed every other week, mid -November to mid -March of each year. "Casual" turf shall be mowed each week mid -March to mid - November of each year. Each year the Director's Representative will select the dates in mid -November and mid -March when the Contractor shall transition from every other week mowing to once a week mowing. The Contractor shall use Kubota L5060 tractors equipped with turf type tires and tractor powered Trimax ProCutS3-237 91" rotary mowers for the large turf areas greater than 69" wide and Trimax ProCutS3-178 69"rotary detail mowers for areas between trees and other park amenities. The Director's Representative shall determine height of cut. Sting trimmers are not allowed for mowing turf. Any visible clippings, on the turf or on hardscape shall be collected and disposed of pursuant to SAMC Chapter 16. 1.2 Sport/Priority Turf Mowing All "priority" turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at l/2". In order to achieve a quality cut at this height and not leave clippings the Contractor will perform a first cut using a rotary mower with clipping catching capability followed by using a Kubota L5060 tractor equipped with turf type tires and tractor powered Trimax ProCutS3-237 91" rotary mower, an approved fairway or greens mower for medium size areas and a walk behind Jacobsen Eelipse2 reel mower for small areas. (See Attachment 6), Note that the Contractor shall perform quality sport: turf mowing and detailing to the Director's Representatives satisfaction regardless of the equipment and methods the Contractor elects to use. The Director's Representative shall direct the Contractor to mow the priority turf lower than 1/2", if necessary. Note that the Ball Diamond Infield Maintenance Contractor shall be responsible for mowing turf infields, including foul territory turf areas, 36" beyond the skinned infield are, and other designated ball diamond turf areas. Infield maintenance shall not be a part of this agreement. 1.3 Edging and Detailing 1.3.1 Edging/detailing shall be performed at the same time mowing occurs. City of Santa Ana RFP 19-092 Page 13 1.3.2 All edging/detailing shall be performed with the use of a McClain's edger or approved substitute walk -behind or fixed blade stick edger. Contractor shalt edge all turf adjacent to all improved hard surfaces such as concrete, decotnposed granite, asphalted concrete paved areas, pavers, etc. 1.3.3 Edging/detailing may occur with string trimmers around upright site amenities that are not immediately adjacent paved surfaces. The Contractor shall not detail turf down to bare soil. The Contactor shall detail turf around amenities using a string trimmer so the turf remains growing up to the amenity. 1.3.4 Chemical detailing of turf is not allowed without the Director's Representatives approval. If chemical detailing is performed without the Director's Representatives written approval, the Contractor shall incur a penalty up to $300 plus the cost to repair the areas per the Director's Representatives direction. 1.3,5 The Contractor shall use the McClain's edger, or approved substitute, to edge straight lines along fences, walls, valve boxes, d.g. or a.c, pathways, other flat laying amenities or long flowing arcs. The Director's Representative has the authority to require the Contractor to use string or rope lines to achieve straight or flowing are lines if the Contractor's staff fails to achieve this quality without this method. 1.3.6 The Contractor shall detail arormd trees, along walls/fences and other amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles; etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director's Representative shall direct the Contractor to repeat the detail process. Shovel cut detailing shall be repeated as often as necessary to maintain crisp evenly round/straight lines. In the event that the circle becomes too great, the Director's Representative shall direct the Contractor to sod the area around the tree at the Contractor's expense to the size instructed by the Director's Representative. 13.7 The Contractor shall detail turf not greater than 1" away from amenities walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply sandy loam top soil and an approved turf sod to reduce any existing bare soil areas along walls/fences that are greater than I". 1.4 Casual Turf Annual Renovation-Overseeding 1.4.1 Casual Turf shall be renovated-overseeded one-time per year April through May. All seed quantities and type specified shall be verified by the Director's Representative prior to any applications. The process for renovation-overseeding shall be as follows: 1.4.1.1 Turf shall be flailed down to ''/a". All turf clippings shall be removed. 1.4.1,2 Contractor shall flag/mark all irrigation and site amenities and shall avoid hitting/damaging with the aeration equipment. Any damage caused to the irrigation or other site amenities shall be repaired/replaced at the Contractors expense. My of Santa Ana RFP 19-092 Page 14 tA4 1.3 Contractor shall coordinate with the Irrigation Consultant to irrigate the causal turf in order to allow greater penetration for aerator. 1 AAA Turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment with AerWay Shattertine tines, Contractor shall make two -passes in. different directions per the Director's Representatives direction. 14.1.5 Contractor shall coordinate with the Irrigation Consultant to confirm all irrigation has been tested and restored. to original design specifications prior to overseeding. 1.4.1.E Once the irrigation Consultant verifies the irrigation system is working efficiently, the Contractor shall overseed the turf using Stover Seed Company's AZ-1 Kikuyugrass at a rate of 30 pounds per acre, During the germination period, the Contractor shall assume responsibility for programming the irrigation controller(s) to assure 100% germination of seed, 1.4.1.6 Immediately after overseeding the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination of seed, 1.5 Sport/Pxiority Turf Renovation-Overseeding 1.5.1 overseeding shall be renovated-overseeded each year per the Sport/priority Tuff Annual Schedule. All seed quantities and type specified shall be verified by the Director's Representative prior to any applications. The process for renovation- overseeding shall be as follows, 1.5.1.1 Contractor shall install a 6' high temporary construction fence around the sport/priority turf areas ,prior to conunencing renovation-overseeding worlc, Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeded in accordance with the park map depicting the sport/priority turf areas, 1.522 Turf shall be mowed down to K". All turf clippings shall be removed. 1.52.2 Turf shall be acrated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment with AcrWay Shattertine tincs, Contractor shall make two -passes in different directions per the Director's Representatives direction. 1.5.2.3 Turf shall then be vorticut using the Kubota L5060 tractor equipped with turf type tires and the Trilo VCU 200 Verticut implement. Following verticutting all turf clippings shall be removed. 1.5.2.4 Contractor shall coordinate with the Irrigation Consultant to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. 1.5.2.6 Once the Irrigation Consultant verifies the irrigation system is working efficiently, the Contractor shall overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a. rate of 350 pounds per acre; and, b) Stover Seed Company's Pro Sportfietd Extreme in the spring/sunvner aft a rate of 65 pounds per acre. Contractor shall overseed all turf using the Kubota L5060 tractor equipped with turf type tiros and the Tycrop'1'D-460 QuickPass top -dresser. City of Santa Ana RFP 18-092 T Page 15 1.5.2,6 Immediately after overseeding the Contractor shall apply A" minus STA approved compost topper from R&S Soils to all turf using the Kubota L5060 tractor equipped with turf type tires and the Tycrop TD-460 QuiMass top -dresser. Topper material shall be applied at a rate of 35 cubic yards per acre mixed with California Organic 7-1-2 Phyta Boost organic fertilizer at a rate of 600 pounds per acre (35 c.y. top dress mix/600# 7-1-2 organic fertilizer), 1.5,2.7 Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall beset to maximize germination of seed, Once the renovation process is complete, the Irrigation Consultant shall retake control of the irrigation programming. 1.6 Overseeding Germination Guarantee 1.6.1 The Contractor shall guarantee 100% uniform germination within 10 weeks from the time the first application of seed or wilt sod any thin or bare areas with "thick cut" (thickest available cut) West Coast Turf Improved Kikuyu during warm season and West Coast Turf Improved Kikuyu Sod that has been "cropped over" with perennial rye grass. Renovation must be completed within tluee months of field closure. The Director's Representative shall determine the quantity of thick cut sod needed to achieve 100% coverage. 1.7 Replanting 1,7.1 Should turf begin to stress or die back for any reason, or become thin in appearance, the Contractor shall immediately apply supplemental water to hydrate the affected area(a). The Contractor shall also meet with the Irrigation Consultant and coordinate the irrigation programming to germinate seed, The Contractor sball then overseed these turf areas using Stovers Seed Company AZ1 Kilcuyugrass (spring/sammer) or Stovers Grand Slam FS (fall/winter) seed at the manufacturer's recommended rate and process. The Contractor shall use STA approved 1 /2" minus compost seed topper at a rate of 35 cubic yards per acre pre mixed with California Organic 6-1-2 Kickstart fertilizer at a rate of 600 pounds per acre. 1.7.2 Should the Contractor's seed germination effort fail within four (4) weeks of effort, the Contractor shall install thick out sod to those turf areas using West Coast Turf Bandera Bermuda cropped over with perennial rye grass (fall/wiutcr) and West Coast Turf Bandera Bermuda (spring/summer). 1.7.3 The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City, repair thin or bate turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established. 1.7.4 The Contractor also understands and accepts that park areas are very heavily used, including increased 'tbot traffic, and other uses and, therefore, acknowledges that he/she will immediately respond to thin or bare areas in turf without delay. City of Santa Ana RFP 19-092 Page 16 Landscape Care and Services The Contractor shall establish a "Landscape Detail and Plant Management Crew" dedicated to providing groundcover, shrub, vine and tree area management, improvement and maintenance services, In addition, the Contractor shall provide extra staff to perform authorized extra work. These extra staff shall not be part of other dedicated crews, but, be extra to help perform additional improvement type work. 2.1 Groundcover Care and Services 2.1.1 Maintenance 2,1.1.1 The Contractor shall service ground cover/shrub beds on a continuous basis. These areas shall be maintained within their intended bounds and cultivated to G" depth, edged and/or detailed to keel) the beds looking manicured at all times. Groundcovers shall not be allowed to grow into other groundcover beds, shrubs, vines or on trees. All plant material shall be maintained in an attractive and healthy condition. 2.1.1.2 Ground cover/shrubs shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall be cleaned immediately following each edging/detailing, including streets and other paved areas. 2.2.1 Replanting of Bare Areas 2.1.2.1 All bare areas in groundcover beds shall be replanted from flats once per month at the Contractor's expense with like groundcover genus -species at 12" on center. 2.13 Mulching of Bare Areas 2.1.3.1 in all groundcover areas where bare soil is visible or where the groundcover is thin, the Contractor shall apply US Composting Council STA tested and approved compost mulch 3"- 4" minus by 2" thick minimum twice per year (third week of January and July) and as necessary to maintain uniform and complete coverage. Leaf litter and other organic materials other than mulch shall be removed on a continuous basis. 2.1.3.2 Alt bare soil areas shall be cultivated to b".deep on a weekly basis while awaiting fresh mulch, 2.2 Shrub Care and Services 2.2.1 Maintenance 2.2.1.1 The Contractor shall service all shrubs on a continuous basis. Shrubs encroaching into work areas, into site amenities, such as but not limited to, fencing, railing, etc, shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall also be maintained to prevent City of Santa Ana RFP 19-092 Page 17 overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director's Representative. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning/trimming shall be done by hand pruners, shears or loppers in a matmer to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on some shrubs, as designated by the Director's Representative. "Box hedged" plants will be required to have all five sides level and straight to the satisfaction of the Director's Representative. In order to achieve straight and level lines of shrubs the Contractor shall run string lines to assure straight pruning. Shear hedging or severe pruning/trinvning of plants, unless authorized by the Director's Representative, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size, subject to approval by the Director's Representative, The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. 2.2.2 Mulching of Bare Areas 2.2.2.1 In all shrub areas where bare soil is visible the Contractor shall apply US Composting Council STA tested and approved compost mulch 3"- 4" minus by 2" thick minimum twice per year (third week of January and July) and as necessary to maintain uniform and complete coverage. Leaf litter and other organic materials other than mulch shall be removed on a continuous basis. 2.2.2.2 All bare soil areas shall be cultivated to 6" deep on a weekly basis while awaiting fresh mulch. 2.3 Vine Care and Services 2.3.1 Maintenance 2.3.1.1 Contractor shall trim the vine continuously and once it reaches the top of the wall or at a specific height on the wall, as determined by the Director's Representative, the Contractor shall not allow the vine to encroach above the designated height. The Contractor shall also prune the vine back to the wall to reduce the width and weight of the vine. The Contractor shall keep vines off telephone poles, plant material or other non -wall surfaces at all times. 2.3.2 Planting 2.3.2.1 The Contractor shall plant each year as a part of the base agreement (at Wier expense) 200-1gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center, The Contractor shall coordinate with Irrigation Consultant to assure the new vines receive adequate irrigation. The Contractor will bring to the Director's Representative immediately when any vine is City of Santa Ana RFP 19-092 Page 18 vandalized or put under stress for any reason. 2.4 Tree Care and Services 2A.1 Tree Maintenance 2.4.1.1 The Contractor shall perform all tree services per the City of Santa Ana Park Services Tree Services Specifications (PSTSS) up to a height of t5', All pruning shall be `Complete' per the PSTSS (see Attachment 5). 2.4.1.2 The Contractor shall perform continuous 'Complete' tree pruning service including but not limited to raising tree branches to a safe and functional height for the type of activity beneath or around the tree (see Director's Representative for appropriate heights per activity beneath or around trees). In addition, the Contractor shall remove stubs, damaged, diseased or dead branches from trees. 2.4.1.3 All trees up to the height: of 15'shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is 'Complete' pruned as set forth in the PSTSS (see Attachment 5). In addition, the Director's Representative may require the Contractor to remove or prevent encroachment of trees into the public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade, Young trees needing pruning/trimming, training, and shaping to develop caliper and a strong structural framework may have low branching laterals and or appropriate sucker growth. Contractor shall remove hangers under 15" and fallen limbs 80 lbs, or less. 2.4.1.4 All trees located in Sport/Priority Turf areas shall have 2" of STA approved 3"-4" compost mulch installed around the tree ring on a continuous basis. 2.4.2 Palm, Cycad Giant Bird of Paradise Maintenance 2.41.1 Alf Palms/Cycads shall be pruned to 10:00 o'clock and 2:00 o'clock up to a height of 20' high on a continuous basis. Palms/Cycads susceptible to disease being transferred from pruning saws, shears or toppers (chain saws or hand held saws/shoars/loppers) shall be sterilized between the pruning of each Patin or Cycad. Giant Bird of Paradise shall be have dead and declining fronds and flowers removed on a continuous basis. 2.4.2.2 All Palms shall have fruit and seeds removed in October -November and April -May of each year. 2.4.3 Annual Tree Cvalrration/Inventory Report 2.4.3, t In November of each year the Contractor shall have an International Society of Arborist TRAQ Certified Hazardous Tree Professional evaluate all District trees and provide a written report using the Arbor Access Tree Management software program. The report shall be by park site/species tree/DBH and location in the park/site, The report shall list findings and specific service recommendations anti by priority of which trees need; 1) City of Santa Ana RFP 19-092 Page 19 immediate service; 2) service within six months; or 3) service within one year; or, 4) service within two-four years. The report shall list the tree specific service recommendations, if any, to assure the safety and optimum health of the trees. 2A.4 Staking, Tying and Guying 2.4.4.1. All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director's Representative. Rubber hoses and wire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director's Representative. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. 2.4.5 Hazardous Tree Reporting 2.4.5.1 In the event the Contractor detects any tree displaying roots heaving or girdling (either by roots or a foreign material), leaning, broken or hanging limbs, or if Contractor determines that potential safety hazard may exist Contractor shall dispatch their international Society of Arborist TRAQ Certified Hazardous Tree Professional immediately to evaluate the trees and provide a written report listing findings and recommendations, While awaiting the ISA TRAQ Certified Hazardous Tree Professionals inspection and report, the Contractor shall protect people and property by installing a barrier around the tree to prevent people from entering the potentially hazardous zone. After the barrier has been installed the Contractor shall take time/date stamped photographs documenting they protected the site and warned people not to enter the potentially hazardous site beneath or by the tree. 2.4.6 Loss of Trees 2.4.6.1 The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to identify and mitigate any issue that affects the safety and health of a tree(s). Failure to perform includes, but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning/trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. The Contractor shall replace the lost tree with a specimen equal in value and size according the latest American Shade Tree Conference guidelines for value determination that determines the value of the trees lost. 2.4.6.2 All trees that exhibit the signs of disease or pests, or any other signs of distress shall be inspected by an International Society of Arborist TRAQ Certified Hazardous Tree Professional approved by the Director's City of Santa Ana RFP 19-092 Page 20 Representative. Contractor shall provide ark exact location and separate evaluation/report for each tree in decline. Contractor shall treat any tree in decline at no additional cost to City. Should the TRAQ Certified Hazardous Tree Professional determine that the tree has or had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the TRAQ Certified Hazardous "free Professional determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree, The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. 2.4.6.3 By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire, the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. 2.5 Integrated Pest Management (IPM) Pest Control Services 2.5.1 Daily Inspection and Reporting 2.5.1.1 Agricultural pest control services shall be perforated under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. 2.5.1.2 The Contractor shall, during the course of their daily site inspections, notify the Director's Representative in writing and with time/date stamped photographs of any pest issues they notice. The Contractor shall inspect on a daily basis in all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of weeds (any misplaced plant), disease, insect, rodent infestation or any other pests. If any weeds or pests, such as but not limited to, weeds in hardscape/groundeover-shrub beds or turf, disease, insect, algae, birds, animals, such as rabbits, rats, squirrels, or rodent infestation (rodents including rats, gophers, moles, voles, etc.) is discovered, he/she shall report their findings in their daily report to the Director's Representative. The Director's Representative shall then report the findings to the Agricultural Pest Control Contractor for follow-up. 2.6 Water Conservation and Irrigation System Management Services 2.6.1 General Responsibilities 2.6.1.1 Primary water conservation and irrigation system management services shall be the responsibility of the City's Irrigation Consultant. However, the Contractor shall, during their daily site inspection, take note and document in their daily site inspection report any irrigation system issues including, but not limited to, excessively wet areas, damaged or broken infigation parts, vandalism, etc. City of Santa Ana RFP 19-092 Page 21 2.6.2 Weekly Meetings 2.6.2.1 The Contractor shall meet with the Director's Representative and the hrigation Consultant each week to discuss maintenance schedules, best management practices, etc. The purpose of the meeting shall be to discuss maintenance and irrigation scheduling and to coordinate maintenance and irrigation strategies which shall improve the health and aesthetics of the parks plant material. 2.6.3 litigation System Maintenance & Repair 2.63.1 The Contractor shall make every effort to prevent damage to the irrigation system during the course of their operations. The Contractor shall instruct their staff to not hit or cut-off irrigation rotors or spray heads while mowing/detailing, or in the course of performing any other tasks, and to avoid driving over turf, groundcover-sbrub areas which may damage irrigation system pails. Should it be found the Contractor damaged a part or portions of the irrigation system the Director's Representative may withhold the cost of repairs from the Contractor's next monthly invoice. 2.6.3.2 The Contractor shall be responsible for the repair and replacement of all irrigation parts, including but not limited to, irrigation rotors/heads, lateral line and parts from the downstream side of the irrigation systems remote control valves (RCV's) at no extra cost to the City. The Contractor shall make repairs to the satisfaction of the Director's Representative. The Contractor shall make repairs within 24 hours of being on notice of deficiencies to the lateral lines and/or rotors/heads. General Maintenance and Clean -Up Services The Contractor shall establish a "Trash -Cleaning Crew" dedicated to performing landscape custodial services including, but not limited to, clean-up of all site trash, and debris and foreign materials, cleaning/washing-off site amenities, responding to issues involving inclement weather, and preparing/cleaning-up sites before and after special events. 3.1 Daily Service 3.1.1 The Contractor shall completely clean and disinfect all site amenities, including but not limited to: trash receptacles, walls, planters, barbecues/braziers, raised curbing, public telephones, newspaper machines, cigarette urns, signage, enclosures, railing, exterior of buildings, light standards, patios, tunnels, grandstand bleachers, ramps, picnic area amenities and pavement, walkways and pedestrian paved areas free of debris, slap tags, tape, string, nails, push pins, wire, spills, stains, etc, Monday through Sunday. 3.1.2 The Contractor shall clean-up daily spills, stains, broken glass, twigs, leaves, rock, gravel, sand, grit, metal, paper, chips, dog feces or any other debris. 3.1.3 The Contractor shall blow down all paved areas, including curbs and gutters, pick- up trash/debris and to empty trash-ctean the exteriors of receptacles daily. City of Santa Ana RFP 19-092 Page 22 Vacuums, blowers, sweepers, shovels, high-pressure water hose/nozzles or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent planters, streets or property. All debris must be thoroughly cleaned and picked up/removed from the site. 3.14 The Contractor shall properly and safely pick-up used hypodermic needles and insert them into an approved sharps container, The City shall provide the sharps containers to the Contractor. Once the sharps containers are considered full, the Contractor shall deliver the sharps containers to the City's Central Stores, located in the City Yard. The City's Central Stores will manage the final disposition of the hypodermic needles. 3.1.5 During rain storms the Contractor shall continuously check and clear drain inlets to prevent flooding. 11.6 Following severe inclement weather, special events or other high -impact events the Contractor shall dispatch extra staff and resources to clean-up park sites within 48 hours 3.1.7 The Contractor shall unplugged, clean, sanitized and polish drinking fountains daily. The Contractorshall use approved germicidal cleaners and products to assure that drinking fountains are cleaned and polished. The Contractor shall remove all mineral build-up, algae, stains, etc. using appropriate mechanical or manual means as necessary. Should the drinking fountain be so clogged that dismantling the fountain is required, the Contractor shall notify the Director's Representative who will dispatch City staff to make repairs. 3.2 Weekly Service 3.2.1 The Contractor shall hire a sub -contractor specializing in roadway/parking lot clearing/sweeping services to perform weekly roadway and parking lot cleaning/swecping services. The sub -contractor shall use a well maintained and operating TYMCO Model 210h Regenerative Air Sweeper or equal to sweep park roadways and parking lots. 3,2.2 Cleaning/sweeping services shall take place between the hours of 11:OOpm and S:OOam each week. 3.2.3 Cleaning/sweeping services shall compliment the Contractors daily cleaning/blowing services leaving the roadways/parking lots thoroughly clean and free of all debris, including fine materials, regardless of the condition of the pavement. 3.3 Monthly Service 3.3.1 The Contractor shall service BBQ's one-time per month by using a stiff -bristle wire brush to scrape clean rust and debris from the exterior of BBQ's followed by painting the exterior of BBA's and their pedestal post Rustoleum Flame Resistant Flat Black paint, City of Santa Ana Rf P 19-092 Page 23 3.4 Six -Month Service 3.4.1 Each January and Julyof each year the Contractor shall change out old flags and replace there with fresh new all-weather flags provided by the City. The Contractor shall follow all flag etiquette regarding the proper care, storage, delivery and replacement of our American, City and any other flags. The Contractor shall deliver to the Director's Representative the old flags properly folded and care for, The Director's Representative shall then turn the old flags over to the City's Central Stores who will properly dispose of the old flags. 4 Playground/Tot-Lot Area Services The Contractor shall establish a "Playground/Tot-Lot Service Crew" to perform playground/tot- lot, exercise station services specified herein. 4.1 Daily Maintenance 4.1.1 The playground/tot-loWexercise equipment, sand and/or wood chip areas shall have all visible trash and debris, including but not limited to, paper, cigarette butts, nails, screws, etc, removed and be blown free of debris, sand/wood chips on play equipment, nrbberized fall areas and surrounding concrete areas daily, Any sand/wood chips that accumulate on the rubberized surface shall be reused. Sand/wood chips and debris on die playground equipment shall be removed. 4.2 Weekly Maintenance 4.2.1 The Contractor shall loosen compacted sand/wood chip areas, re -grade sand/wood chips areas to level condition (eliminating ruts, depressions, build up areas, etc.) and sift/clean the sand/wood chips to assure that debris and any other foreign objects are removed. 4.2.2 The Contractor shall sift the sand on a weekly basis using specialized equipment that will remove debris from the sand to a depth of 8". 4.2.3 The Contractor shall remove any weeds or other plant material weekly. 4.2A The Contractor shall remove exposed filter fiber weekly. 4.2.5 The Contractor shall clean equipment by removing dirt, dust, stains, or other undesirable foreign materials/conditions. 4.3 Annual Maintenance 4.3.1 The Contractor shall eliminate berms (including pre-existing berms) in the turf surrounding, or in the vicinity of, playground/tot-lots by sod cutting/removing existing turf berms a minimum ofthree rows wide of sod, leveling to the appropriate grade, re -sodding with 1-1/2" thick cut West Coast Sod AZ-1 1Cikuyugrass sod and rolling the sod with a 1.5 ton asphalt roller used for sod compaction. City of Santa Ana RFP 19.092 Page 24 4.3.2 The Contractor shall bring in extra staff to perform annual maintenance to not disrupt the routine maintenance staff. 4A Playground Safety inspections 4.4,1 The City shall be responsible for all playground safety inspections and the repairs of any equipment. Sport Facility Management and Maintenance Services The Contractor shall establish a "Sport Facility Maintenance Crew" to specifically perform specified sport facility/court/field/turf management and maintenance. Sport facilities/fields are all areas where sports are played and practiced. They include the field of play, sideline/dugout areas, batting cages, pitcher's bull pens, etc, They are areas where coaches, players and others associated with playing or practice the sport gather. Sport facilities maintenance areas include, but are not limited to, sport courts, grandstands, areas around concession stands, fence lines, and score boxes. 5.1 Daily Sport Facility Maintenance 5.1.1 The Contractor shall service all sport facilities by picking -up trash and debris, blowing/cleaning all areas and amenities, and washing -off areas to remove brick dust and/or other stains from all hardscape and amenities. In addition, the Contractor shall remove debris such as sunflower seeds or peanut shells so all areas, including beneath and on bleachers, backstops, pavement and landscape areas, are 100% free and clean. All debris mentioned above shall be collected and disposed of. Blowing debris into turf or adjacent areas is not acceptable. 5.1.2 The Contractor shall clean/wash sport facility infra-structure/coruts where leaves and other debris collect, including, but not limited to, between chain link fence backstops and back -boards, between windscreens and fencing, etc. 5.1.3 The Contractor shall continuously replace all basketball and tennis court nets once they become torn, frayed or vandalized. Nets shall be provided to the Contractor by the Director's Representative. 5.2 Daily Sport Field Maintenance 5.2.1 Each day the Contractor's Sport Facility Maintenance Crew shall walk the sport turf and fill-in divots and depressions and all uneven areas with Simplot USGA mix, mixed with Stovers seed at the manufacturers reconnnended rate: a) Stover Seed Company's Grand Slam FS in the fall winter; and, b) Stover Seed Company's Pro Sportfreld Extreme in the spring/summer. 5.2.2 Areas of the field where turf has been worn away due to play or practice shall be raked, dragged and leveled each day to provide a level and safe playing surface. City of Santa Ana RFP 19-092 Page 25 The Contractor shall add approved topsoil to areas as necessary to keep the areas level and safe, Areas where soil meets turf shall be maintained to prevent build-up area in the turf, The Contractor may use brooms, high-pressure water or any other best management practices to prevent uneven areas where soil meets turf, In cases when significant erosion of sport turf as occurred the Sport Facility Maintenance Crew will be required to use ride -on equipment and leveling implements to make the field level and safe, 53 Quarterly Aeration 5.3.1 Turf shall be aerated every three (3) equipped. with turf type tires AerWay Contractor shall make two -passes in Representatives direction. 5.4 Annual Topdressing months using the Kubota L5060 tractor aeration equipment with AerWay tines, different directions per the Director's 5.4.1 Turf shall be topdressed using Simplot SP Pro 1 USGA mix at 50 tons per acre. The Contractor shall use the Kubota L5060 tractor equipped with turf type ties and the Tycrop TD-460 QuicicPass top -dresser to topdress the turf. Specialized Maintenance 6.1 Civic Center 6,1,1 The Contractor shall be required to clean trash and large debris in parking lots in the Civic Center. The work shall be performed in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot. 6.1.2 All signage, drinking fountains, concrete pads, trash receptacles, site furniture, bollards, concrete or asphalt areas with stains around leash receptacles, security lights, park benches, walls, and the pavement beneath them and other Civic Center amenities shall be cleaned daily. 6.1.3 The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. 6.1 A After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all Civic Center areas within twenty four hours (24hrs.) at no cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed fiom the worksites. 6.1.5 Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 6.1.6 The Plaza of the Flags shall have flags displayed at all times. The Contractor shall City of Santa Ana RFP 19-092 Page 26 visually inspect the flag every day to assure it is in good condition, Should, in the opinion of the Director's Representative, the flag is not be in good condition (faded, discolored, tom and/or having holes) the Contractor shall immediately request from the Director's Representative a new flag. Contractor shall raise the new flag immediately upon receipt from the Director's Representative, The Contractor shall replace the flags twice a year (January, July) with flags provided by the City, 6.1.7 Japanese Garden Pagoda shall be cleaned daily. 6.2 Centennial Park 6.2.1 The parking lot south of Rancho Santiago College is a part of the agreement site. 6.2.2 The unimproved planting area east of Rancho Santiago College is a part of the agreement site. 6.2.3 The irrigated area outside of Dan Young Soccer Complex to the west is a part of the agreement site. 6.2A The plaiting island north of the parking structure is a part of the agreement site 6.2.5 The Contractor shall hose off daily from pedestrian hardscape areas bind droppings, 6.3 Santa Ana Zoo at Prentice Park 6.3.1 Califbrnia Natives and Drought Tolerant Shrubs Selectively prune and trim all native plants during appropriate seasons to ensure pedestrian paths, walkways and sidewalks are not impeded or as necessary based on best horticultural practices. (i.e. Romneya coulter! pruned to 6" in late summer or fall, Salvia clevelandii pruned in fall, Zauschenria sp, established plants cut back hard in winter after flowering, Tecoma stans seed pods removed to encourage flowering) 6.3.2 Bamboo - Dead, old, small, leaning or misshapen culms shall be removed annually. Cuts shall be made as close to the ground as possible and straight across so there are no dangerous, sharp points sticking out of the ground. Care shall be taken to avoid damaging newly emerging calms. The Director's Representative will provide additional direction on which clumps may be topped to increase the screening effect or "legged -up" for aesthetics. Giant timber bamboo shall be maintained with a minimum of 12" distance from building foundations. 6.3.3 Epiphytic Specimen Plants -• Epiphytic plants (Platycerium sp., Bromeliads, Anthurium sp„ Tlllana is sp., Laelia sp., etc.) without dedicated irrigation shall be hand -watered every two to three weeks during the cooler winter months and a minimum of once per week throughout the rest of the year, or otherwise dry and hot periods. Platycerium shall be fially drenched including the fronds, The Contractor shall advise the Director's Representative of any specimens causing damage to structures or trees. City of Santa Ana RFP 19-092 Page 27 63.4 Ornamental Grasses - All Cortaderia selloana (pampas grass) specimens smaller than four feet in diameter shall be removed immediately and disposed to control invasiveness. Warm season grasses shall be cut to the ground in fall or winter consistent with best horticultural practices. Ornamental grasses shall be cut within 6" with a flat top and not mounded. Large clumps (5+ seasons) only exhibiting growth around the edges of the chimp shall be dug up, divided, and replanted. Thysanolaena maxima specimens shall be minimally pruned to maintain form and tidiness, 6.3.5 Tree Establishment — "Treegator" Slow Release Watering Bags shall be provided for newly planted trees, Gator Bags shall be filled weekly for the first two growing seasons, 6.3.6 Electric Equipment - The Contractor shall use electric powered equipment in the course of providing service at the Zoo. Gas powered equipment is not allowed, unless prior written approval is granted by the Director's Representative, 6.3.7 Animal Enclosures& Animal and Human Safety - The Contractor's workers must not enter animal enclosures without prior approval from the Zoo Manager or their representative. Workers must not touch or feed any of the Zoo's animals. In the event of an escaped dangerous animal, the workers will be asked to stop work immediately and evacuate the zoo. Annually, the Contractor shall provide their employees working in and around animal exhibits with basic training on zoonotic disease prevention and common-sense sanitary measures. The Contractor shall meet with the Zoo Manager or their representative for relevant information before commencing work. 6.3.8 Gutter Maintenance - The Contractor shall pay attention to clearance of gutters within the Farm area to prevent blockage and the growth of weeds, 6.3.9 Zoo Closure Days - The Zoo is closed to the public on Thanksgiving Day, Christmas Day (December 25), and New Year's Day (January 1). The Zoo is open all other holidays. The Zoo may be closed to the public during severe inclement weather. Closure days are subject to change by the Zoo Manager, 6.3.10 Rock Mulch Groundcover - Cactus and succulent beds are to be mulched with Dos Rios Pebbles 3/8" by Southwest Boulder and Stone or equivalent type to match existing as approved by Director's Representative. Pebble mulch shall be maintained at a I" depth and kept off adjacent walkways. 6.3.11 Tree Edging No Mow Turf - Trees maintained with natural no -mow lawns 0.e. Carex sp.) shall not have shovel cuts around trees, 6.1,12 General Maintenance - Daily Maintenance - Alt trash and debris (branches, glass, metal, paper, etc.) on the ground or in trash receptacles shall be removed from all worksites, landscaped and paved areas each day Monday through Sunday before 10:00 a.m., when the zoo opens to the public. All organic debris (twigs, leaves, fiuit, sand, gravel, rock, wood clops) on the pathways shall be removed from City of Santa Ana RFP 19-092 Page 28 paved areas each Monday and Friday before 10:00 a.m., when the zoo opens to the public. Asphalt and concrete pathways shall be maintained with the use of a commercial ride -on or walk -behind sweeper/scrubber unit. Decomposed granite pathways shall be maintained through raking to limit particulate pollution in animal habitats due to leaf blowers (blowers shall not be used on decomposed granite walls areas). 6.1.14 Washing Landscape Material - To maintain plant health, May through October, all plant material shall be hosed down with a strong spray of water for the removal of accumulated dust and cobwebs. 6,3.15Inspection of Perimeter Fence - Daily the Contractor shall inspect the integrity of the chain little perimeter fence for breaches and advise the Zoo Manager or Director's Representative of issues. 6.3.16 Trinaming and Weed Removal within Exhibits - Monthly the Contractor shall blow -off leaf litter accumulating on animal exhibit roofs, netting, cages, etc including, but not limited to, Colors of the Amazon Bird Aviary. Monthly the Contractor shall inspect plant material in the animal exhibits for damage to the netting and trim plants pushing through animal exhibit roofs, netting, cages, etc. to prevent damage, Contractor shall perform weed removal in the Anteater and Amazon's Edge exhibits each spring. 6.3.17 Pressure Washing - The Contractor shall perform daily pressure washing of paved areas, site furniture, drinking fountains, etc, in the caf6 eating area 6.3.18 Resetting Seating — The Contractor shall, Monday through Sunday, before 10:00am each morning, reset all tables and chairs in the Zoo. 6.3.19 Blowing -Off Exhibits — The Contractor shall blow-off/etean animal exhibit roofs, netting, cages, etc. on a routine basis. Prior to performance, the Contractor shall coordinate with an Animal Care staff person. 6.3.20 Storm Drain Maintenance — The Contractor shall continuously maintain the Zoo's storm/area drains, including the filter fiber by keeping them clean and free of debris. The Contractor as necessary shall change the storm/area drains filter fiber, which shall be provided by the Zoo. 6.4 Vacant Lots — The Contractor shall perform daily blowing -off, trash and debris removal at the following properties: 6.4.1 Standard & McFadden 6.4.2 Raitt & Myrtle 6.4.3 625 S. Cypress Work Not Scheduled City of Santa Ana RFP 19-092 Page 29 7.1 The Director's Representative may delete a portion of the specification or the entire work site from contractual maintenance during a construction period or for any reason, The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor, The amount of reduction will be based on the percentage of area involved (on a square -foot basis) and will be determined by the City, City Inspection 8.1 The Director's Representative shall regularly inspect the parks, playgrounds and fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, The Contractor agrees that the City shall; 1) withhold from Contractor's next monthly payment, the City's actual or estimated cost of performing the work; or, 2) hire a contractor or City staff to perform the work not performed and then withhold from the Contractor's next monthly payment the City's actual cost for performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park, per item specified herein not performed, per day not meeting the specifications during any such inspection. 8.2 Furthermore, it is not the Director's Representatives responsibility to inform the Contractor when work specified in the specifications was not performed or that deficiencies exist. It is the Director's Representatives responsibility to inspect the properties to verify that work was performed to the specified level of quality and time frame followed by reporting that the work was performed satisfactorily or not. It is the Contractor's responsibility to provide adequate supervision and staffing to visit each site daily and prepare schedules for the appropriate level of staff, equipment and materials to perforni all aspects specified in this agreement. Should the Director's Representative create PowerPointpunch lists, essentially performing the Contractor's Supervisor's responsibilities/duties of determine what work needs to be performed in accordance with the agreement specifications, the City shall deduct $300 per Power Point punch list from the Contractor's monthly invoice. City of Santa Ana RFP 19-092 Page 30 ContracCor Iie�lities: 1.0 GENERAL CONDfl'IONS 1.1 Definitions- 1.1,'1, "Director's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative(s), 1.1.2 "SAPRF" shall mean Santa Ana Park and Recreation Faeilities. 1.1.3 "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." L I A "Weed" shall mean any undesirable or misplaced plant. 1.1.5 "Hardscape" shall mean any resilient surface other than turf or planting beds, such as but not limited to curbs, gu.tteis, sidewalks, decomposed pathways, asphalt pavement, mow strips, bollards, signs, grandstands, benches, picnic tables, drinking fountains, BBQ's, fencing, railing, tire stops, etc. 1.2 Scheduling of Work -The Contractor shall provide landscape/grounds maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's Representative consent. Landscape/grounds maintenance that generates excess noise cannot begin before 8:00 a.m. 1.3 The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. In addition to the Contractor submitting the Monthly Park Maintenance Inspector's Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules listing the work tasks, crew performing the task, and the projected hours to complete the task. The schedules shall be emailed to Director's Representative by Thursday at 4:00pm for the upcoming week. Any ebanges in scheduling shall be reported in writing 48 hours before the proposed change and must be approved by the Director's 'Representative. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. L2 Local Office - The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Mondaythrough Friday 8:00 a,m. to 5:00 p.m, with a company representative present at all times. Answering services or mobile telephones will not be considered a local office, 1.3 Emergency Response — The Contractor shall have an emergency "Stand-by" staff person assigned to respond to urgent calls after hours. The Contractor shall have the capability to answer calls immediately and respond to after-hours service within one (1) hour from the time the call is made. 1.4 Extra Work or Outside the Scope of Work -Damage or malfunction to site amenities, plant material or irrigation system equipment by any of the following may be considered outside the scope of this Agreement unless otherwise specified herein: -Acts of God -Civil Disorder -Vehicle Collision (excluding Contractor and its employees and subs) -Excavation or Re -surfacing of the Street -Power Failures City of Santa Ana RFP 19-092 Page 31 -Underground Wiring Damage -Extra Work Requested by the Director's Representative Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director's Representative that one of the above occurred in order to be excused from performing under the Agreement. Extra Work or Outside the Scope of Work -Damage (a.k,a. Extra Work) shall be compensated: i Labor- 25 % above prevailing wage ii Materials- 15% above retail contractors cost ii Equip Rent-15% above contractor's cost All Extra Work or Outside the Scope of Work -Damage work shall be performed by Contractor's staff other than the routine maintenance staff assigned to the contract. Any staff routine maintenance Contractor's staff discovered performing Scope of Work - Damage work shall not be charged as Extra Work. 2.0 UNIFORMS AND VEHICLES IDENTIFICATION 2,1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shuts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, sills screen or embroidery with the company name and logo or other form of identification. 2.2 All. equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, .contractor's license number and contact information clearly identified on both sides and. the rear of the vehicle. 2.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 3.0 SAFETY REQUIREMENTS 3.1 All. work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program and all Federal, State and Local OSHA requirements, laws and regulations. 3.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching/shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. City of Santa Ana RFP 19-092 Page 32 3.3 [n the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay, 3.4 The Contractor shall perform all safety training required by OSHA, CalOSHA and any and all authoritative government entities having authority over required safety training. 3.5 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan which shall includo the annual OSHA safety training schedule and update OSHA safety training records and employee safety training certificates. All OSHA Training shall be performed by a certified OSHA Trainer. 4,0 SAFETY NOTIFICATION 4.1 If Contractor identifies a potential safety issue, Contractor shall: 4.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 4.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition, 5.0 UNDERGROUND ALERT SYSTEMS 5.1 Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48- hours in advance prior to any excavation work. 6.0 PROPERTY DAMAGE 6.1 Any damage to private property caused by Contractor shall be immediately reported to the property owner, Contractors shall pay for any damage caused to private property in performing this agreement 7.0 ACCESS TO PRIVATE PROPERTY 7.1 Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required &•om City anchor property owner 8,0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 8.1 The Contractor shall protect City and/or private property adj acent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on cither public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre - City of Santa Ana RFP 19-092 Page 33 approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 4). 9,0 TRAFFIC CONTROL 9.1 The Contractor will not interrupt traffic flow on City sheets without obtaining a no -fee permit from the City, Prior to performing maintenance activities where Contractor employees work immediately adjacent City vehicular lanes or any other situation covered under the California MUTCD, the Contractor shall implement no -fee permitted City approved traffic safety plans to protect the health and welfare of its employees and the general public prior to commencement of the agreement. 10.0 MONTHLY REPORTS 10.1 Prior to the first of each month the Contractor shall submit to the Director's .Representative for approval: 10.1.1 The Excel Park Maintenance Inspector's Inspection Schedule including a detailed annual, monthly, weeldy and daily work schedules consistent with task frequencies in Exhibit A; 10.1.2 A copy of certified payroll sent to the Department of Industrial Relations on the required format/forms of employees assigned to the contract areas; 10.1.3 An updated organizational chart, or equal, listing the names, titles, schedules and number of Full -Time Equivalent (FTE'e) assignments of all persons working in the contract areas; 10.1.4 Invoices and packing slips of name, type and quantities of commodities purchased; 10,1.5 Green Waste recycling report including tonnage and name/location of the green waste recycling plant. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director's Representative shall be immediately notified of any changes to the above information. Failure to submit a report by the first of each month shall result in a fine of $100.00 per day for each report submitted late. 11.0 WATER CONSERVATION & PROGRAMMING OF CONTROLLERS 11.1 The City shall be responsible for programming irrigation controllers and conserving water. The Contractor shall be responsible for all repairs to lateral lines, rotors/heads/fittings. 12.0 SPECIFICATIONS INTERPRETATION 12.1 The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the sole discretion of the Director's Representative, and the Contractor shall abide by all such interpretations 13.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES City of Santa Ana RFP 19-092� T Page 34 13.1 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF, The City of Santa Ana and/or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. 13.2 If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility .lines) and take responsibility for taking reasonable precaution when working in these areas. 13.3 Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem. 14.0 SUBSTITUTIONS 14.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 15,0 CERTIFICATION & APPLICATION OF MATERIALS 15.1 All materials shall be delivered on the site in original containers Materials shall be subj ect to inspection by the Director's Representative. The Director's Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non -satisfactory items at his/her cost. 15.2 No materials shall be applied prior to the Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifies correct materials and quantities, the Contractor shall not receive credit .for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 16.0 CONTRACTOR NEGLECT 16.1 Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be, corrected at no additional cost to the City of Santa Ana or the SAPRF. 17.0 CONSTRUCTION EQUIPMENT 17.1 The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. m Clty of Santa Ana RFP 10-002 Page 35 18.0 SOUND CONTROL REQUIREMENTS 18,1 The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any put -pose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 19.0 INQUIRIES AND COMPLAINTS 19.1 The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, Director's Representative, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the Director's Representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the Director's Representative may deduct such cost from any amount due to Contractor. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges 20.0 NOTIFICATION OF LOCATIONS OF WORK 20.1 The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations, 21.0 WORKFORCE City of Santa Ana RFP 19-092 Page 36 21.1 The Director's Representative may evaluate each of the Contractor's staff and if he/she finds that a Contractors employee or sub -contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. 22,0 MATERIALS 22.1 The Director's Representative shall approve or reject all materials delivered to the work site. hi addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use/application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. 22.1.1 The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition. Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticidea shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative, 22.1.2 All materials delivered to the site shall be accompanied by a packing slip or other form from the venclor indicating the specific commodity delivered and the quantity. 23.0 TRASH DISPOSAL AND RECYCLING 23,1 All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the City of Santa Ana RPP 19-092 T Page 37 requirements of the Santa Ana Municipal Code (SAMC) Chapter 16, Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. 23.2 As an alternative, the City may allow Contractor to dispose of green waste and trash in bins provided by the City. The City will deterntine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts, Any additional disposal fees must be paid by Contractor, At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this set -vice for the contractor and the contractor will be required to pay for their own trash service. 24.0 PREVAILING WAGE DETERMINATION General prevailing wage determination made by the Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770,1773 and 1773.1 is: CRAFT: ## LANDSCAPE MAINTENANCE LABORER DETERMINATION: SC-LML-2019-1 ISSUE DATE: February 22, 2019 EXPIRATION DATE OF DETERMINATION: March 31, 2019* Effective until superseded by a new termination issued by the Director of Industrial Relations. Citv Responsibilities 1.0 CITY -DIRECTOR'S AUTHORITY The Director's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor, In addition, the Director's Representative shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub -standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the City of Santa Ana RFP 19-092 Page 38 amount of the cost to hire the qualified contractor, Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly, The Director's Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completionper schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifteations, and compensation, including completion of work by alternate sources. City of Santa Ana RFP 19-092 Page 39 Y� P I ` t 5yy1 k X H �� ��. 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W W 0 cc For sites adjacent to streets, maintenance shall include the area up to where the concrete gutter meets the asphalt street, even if not shown within the boundary line of the site .map U5 r' 41 l l� S' p c K 1'^ y�p l q� I� qa ♦1 l xm^M{1f For sites adjacent to streets, maintenance shall include the area up to where the concrete gutter meets the asphalt street, even if not shown within the boundary line of the site map For sites adjacent to streets, maintenance shall include the area up to where the concrete gutter meets the asphalt street, even if not shown within the boundary line of the site map °5 k ■ 1! r R t $ {r A 0 rM�', eAnoFr, Avg. For sites adjacent to streets, maintenance shall include the area up to where the concrete gutter meets the asphalt street, even if -not shown within the boundary line of the site map l 7 CONTRACTAREA MM aPORrIPRlORI"q'Y TURF AREA ^arc i } IR dirNood WAY 1 � N888�YR RXHA y WRY Din i s .r, 0 aA K LON araVic. a 4 ` � O jis N CMRkYGfkePY AVM, � LbSC .l •l 1I For sites adjacent to streets, maintenance shall include the area up to where the concrete gutter meets the asphalt street, even if not shown within the boundary line of the site map 'fA 45 J W �rrr .ifV t3a+�in�$ � �'t o- t�grry Rve.: �( 1 i 9i'lia w_mAVO W«xRW�rBGt&iYaal Fr"ea�ow (113i4T(1lUfM ....._ _-_...e. »... -.- L'�st7aAn00ra;�.,...,•. _.�......., OAF r ^ 77 :r M ArN slr�lr 5 x For sites adjacent to streets, maintenance shall include the area up to where the concrete gutter meets the asphalt street, even if not shown within the boundag line of the site ma M- 7 R +_4b AM ` •. j r� ra. Kai CLj 4! rM 77 ' vrp{Ar ; i l For sites adjacent to streets, maintenance shall include the area up to where the concrete gutter meets the asphalt street, even if not shown within the boundary line of the site map e.d s , Via A, # = m IS t � y � f3 y j ' 't IVIIN &M S Jf n ' i� 31 if ( n ul i P N k For sites adjacent to streets, maintenance shall include the area up to where the concrete gutter meets the asphalt street, even if not shown within the boundary line of the site map 1 ' � 1 i. i f .. s� .... � .. x ( t C t g yy I h' S AA y r A s 4 � T r F �l a l ( �i r x s w � ii. r EXHIBIT B FEEIRATES SCHEDULE #5944v] �n LANDSCAPE HATNTTENANCt SltttYlCl S: IYtSTlZIC7' I RFP NOAa t9-092 Id forAnd/or each site, and eacto o resit should be as AccatatO so possible, Dosed on funding availability, the City may Id and/ar romove A alto or a tastt -01" the Feme of tvarlt without pffgAtta",5001ts sites and/pr tasks. Playgraun platrlrsl �TnsMCara Landscape �CIrs Old Tot tot/ and Service C°rvt and Car* 8xaniso Arnnual Total Pua4lme S*rvkn Sarvtca insCar*and ffqulvalanta Par a Acw*age« Cesar Chav /C*mposlna 7 52.000,00 Si,zbo 51,00400 $800.00 04,500.00 $11$i200.00 2 $2,000.00 $2,000.00 $3,300,00 5500100 WA g $92A00.00 9 al Salvador A $2,000.00 $3,200,00 $1,8otto0 $1,000,OD $S,p00,00 $iS$,BUA.AD 9 Memo lane LL � 0,80 N/A $780.OA u, $60p.AA � $-0OOAO N/A $1affi00.00 A RWarvlow a $2,000.00 $1,a4a.00 $1,000.00 $$00.00 " $A,500,00 $1011400.00 Roslus a $2,000,00 $2,000.o0 $2,000.00 ... , „ ..�..... $1 ,000. 00 $$,AOD.IXI p - $192,000,Od 8 Other scr«xi««a ,Taaneev d8A N/A Saa0.o0 $SS0.g0 N/A NIA AdA00,00 0 Pafrvtnw Triangle N/A $A30.00 $aSD,00 N/A — N/A $1d,Ag0,40 Gentnra/Pncltlnns Actaeon* g Nawhop*4lardty 048 N/A $800.00 $Bo0,p0 N/A N/A. lla%400.00 2 Annuaryatsl $12QOOA,Op. $1A0AOo.Atl $102AOD.00 $Up,d40,Oq $2a;0.0pU,A0 ruif-Time Equivalents 3 2 i I 2 *AcreageInfOr9naClbn information, on. IS --.9 An set to provided by the city. TileCantraawY is re5ponsibie for Ohio€nine avtaal AOrpO B Certification • I cortiky that Shave read, understand And agree to the terms and conditions of this Request fur proposals. I have examined the Strips of Services and am flandhIr with the scope of work locations, I am di miliar with all the existing conditions and limitstfon that may impact work requests, I understand skid agree that I ant responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal, Pro osal Item e toots for ut not limited to, direct and indlreat costs�fbr labor, overhead ai Incidental supplies, travel, Ad ledge, andall ftlel. costs, The Proposer warrants that the prices, terms and coad€tlanod quoted will bit valid for a period of 120 Jaya him the date die proposal is due, In order to allow time to award an agreement, ----- Date City of 9antA Ana RFP 1fl�0fl2 - Page 54 LANDSCAPE MAINTENANCE SERVICES! DISTRICT 2 (PAGE 1 Or, 2) i7FP NO.,19.092 Pricing for anch site and each task should be as accurate ss posslblc. Based on funding availability, the City may rvv»nnrl nndlnw un.,.,..n,...,a.. .. .. ♦.._v_n._.._ .e .. ._ a.cv yr n ,.un,e n'unt vrra ticV 1tl pI Wpr1C W1111011T a11CCtin riCla for other sites art for tasks. Playerwrid/ Alstrict2 Tart Care .tandscepa Cafeand Cleaning Care and Tot tot/ Exercise sports Ardas Cara Annual full -Time and Servtea Service surldce Araa Cara and Service Total 5quie'alants and Service An els Cnmmunit 1,7 $s1Q.0n 150.00 10. $Rd0,n0 i00,00 $1; 0 ,QO- - 35�,52Q.00 Olrc 2.4 $x,0A0AA - S.90 0 N A - 'M A $2S OSO.ad.. 30 Cabrillo 7.3 .$1700,Oq .t Saw - OP.dA 0 A0 20.0 . . 10 Cha 'a 0.4 . 6000 $toil, 0 $100.00 1pD. 2 004 � 7,600:0 .. 10.. aldJ a 1,2 $ Oil .Op _ 800; 0 200,00 N A Fl A 2A Ail ,00. 30 Fisher 5 $860,g0 46d,p0 AOU:ptl A,00 N A.....,'.. 2A;p 0 10 Fresh Q.2 : 15p; 6 40.150 10dl04 N A .. M .'..$A;2tl ; 0 10 4ardald solos : ti Ma ,.0 1 b0:00 $AMA . AA0,00 43q, s..0 ;.- ... . 114: Mafl ose p.5 i0Q,00OfLoo 41.300,00 pop i$A.00 :P.0:O0 1600.0 .44•0 . 190 A0 67,a,2DPA i10p .. pc/rala MI 3,50040 sadtilebeqkmaw Sant a e- onaudina bike trail 26,0 $S,OOq,04 $2,sogA S2.011D.On $80046 $8,990.00 - $225,600,Op r 2nd St frda 0rapdaa to Syca Uu u Q ` N A' 15P• P 1$0,P0 N/A q 3 600.00 10 AtE♦S£tY»m aaas to&ranch._. 0.4 NA t00:00 .$1Y5A6 NA NA. .gs,500;00 ... CMom N5 ta' ei`Ci3rdSk antl qusa 5t.. .:5. ... N/A 7A0,00 600.00 A -.N A. $l$e600,04 10 31Z N . fish Straat ,1 - N/A: 150,0P $ ;q0 N' A .N A 0 .06 '1 OOZ N .Garfi la'Stra¢C �C°9 q,2'... N A' 1 :OQ1$100.00 /A 'NIA $2:411 Xd Ia t Iecpannlacaatas - �. i0 x$46p,a0 ,„2M,4e, , 04 q 4ar0eid Cbmmud[ :Cantor p& ... �.N/A . S4n P EAq,Ap A N/A . ,40.0..'00. Aglaze Caiie Cuatra . d 2 N A .. 150,OP $t00:00 .N/A 10: Sorg Poe Downie Herb Garden 0,1 a0'AA $tP AA . s0 NA li ,tlOP00 3,a60,00 10 Santa Anastadlum 99, 5 -... 0 $1,5 (I,OR ,tl VA $'3,nOp,00 72 D 0, 10 Nallati3l?laY round '.p,2..._ N A 540...: t00.0 1 N A A200,00 10 Aariani Total . _ $213,A80.00 $180,02p;00 $t�31,A00;Ad $37,80¢00 S260,110040 .... _ , •. b�-1 pull Tho E04ivAlants 3 .. 2. 1 2 1p i,**w*annwd nf4 An.nnnYx Yn d.na:ua�Y *A.crdage and i.inDar Milos Information is as estimate provided by the City, The Contractor is responsible for obtaining actual adreage lebrination, Initials Data " FEE LAMSCAPL MAINTENANCE, SERVICES: DISTRICT 3 Is No..19-092 Pricing for each site and each task abould be as aAdarato as possible, Based on funding avallabilily, the City may amend andrer remove n alte nN is innie ri nm 4ha ennnn nA... Y....reL ..a _ n:_u_ _.....e—e .._ .. . _. Olstrlct9 TUrt Cate andservlco Landscape Coreand Sarvices Cleaning Care and service Main alaXground/ Tat Lot/ Exercise Ara Care for Other ' Sports Areal Core and Earolco Aces anti/or ' Annual 'rota) malt$._ ' puE»lima Equivalents .; •,0 onmoKarst •��. � - 11,0. - _S7ti400A0 $1,2i1R:A0. $SPP.OP sad service S5A0,Of1 $5A0trRb $10gQIS0.06 12 Delhi WHO King 4014 .. $2,500,00 51,000,04 SOO,tlO ..Ap0,00 W S4,5P4.00 $9,50tr,00 $108,SQ0:00 $10$,040.04 �.i2 22 .9.6 $Z000.00 $1.300.P0. _ $lazlkl.AO SE04.0P ModiSon MameNai Poclftc Electric. 810 15.5 1.4 71 112 _ $1;200.00 S2,$00,00 $20p;0P $1,500,00 $b50.00 $1,206.00 $1,SA0,pD. 000.00 $1,E0A,A0 .400.tM $800:00 $2,460,00 $2$0:00 ., $1,4t1P.0M S20p,p0 $70q,0P 900,q.4 $1SO.tr0 5p0.00 N%A $2*Uj 55MUMAP $900,40 $2,000.00 WA $72,40o;tIR $15a,Rnel (in $14:460.00 $81Y80o.Q0 $13,800,04 12 12 1 12 x. 12 Sondpointa (Including pose05( Sagarsteom r Flo worlrolllFfoWer/W arnor to HOW er Sunflower FETi-aJI(Pistnat/Meple to Alibi ariskol fi0RU,04: sx somo0 N/A $40P.00 N/A N/A 1^5 "90.0,00 $5.000149 $1.100^00 $2,000,00 04,1100.00 $Q2i80A,.00 t2 500s.M414.Straet x4zas.Igalnsteaet 0.4 4,1 N/A N/ei ... N!A - N:A'. "NA 4Q0,60 $ sbo -$504�44 $, 4.04 S A;4a . f. '12 is .. N/A 147A N/A N/A $at700:00 SE.70000 Rop$elaulWalkej'Comiti. Ggnker Un_ 5 d'a d and McFadden &2SS.Iv resS Ann1me 1iS e tg6ksiP $400,00 $hA4.o0 $27;EOO,pO 1E F , A .. %A $150as04:00 $750,Rti $7 ,O(Y $13Ei500.9.9 N A N A 457,000.00 NIA WA— $290;400,00 Moo— P 9000,00, $0d0Y00(Loo FUIIP1ime ailulvalanti. 11cr %%*N*nnnriN (dTAmnnnYe Yn BNek%%WY S .,_ ................... W— .......... .... *Aereuge. Information Is An estimate provided by t$e Qity. The Convector is r%gonsibia for obtaihing Futuol acreage Information, Cent 0011tioti - I certify that I bove road, undoTstand. and agree to the term& and conditions of this Request for Proposals, I have examined the Scope of Services and am thm(llar with the scope of work (ovations. 1 am gtmillar with ail the existing conditions and limitation that may Impact work requosts. I understand and agrdo that I Pen responsible for reporting any errors, omissions or diseropartnias to fhe City for olaritloation priorto the submission of my proposal, Proposal item price . Provide oosia for landscape Inainftialce. Fee must be inclusive of all costs, Including but nut limited to, direct and indirect costs for labor, overhaad, incidental supplies, travel, mileage, and fuel. The proposer warrants that the pflcbs, teems and conditioned quoted will be valid for a period of 120 days from the date the proposal is due, in order to allow time to award am agreement. Printed Name/Signature of A, xd Ag( Title LANDSCAPE MAINTENANCE SEILICES: DISTRICT 4 (PAGE 1017 2) RFP N4.: I9.092 Pricing for each site and 00011 trill should be as aeeurnte, as possible, Based as funding availability, the City may amend and/or rem nva n eIra �„� a r..t, r,.-- u....___ _e............. __ - - --- -• _ •••-•• •• ••^^^ •••a Ww v vl rvar K wit out marean meta for other sites andlor tasks, Playground A1etrict4 TurrCom landscape Cleaning /Tot to 3parta and Servl4a Care and Care and P,xnrcise Are Care Annual Pulf•Tlme Service Service Area Eere and5ervlcd rotalll aetdvalents Parks Acreage and 5drvkn Adams 7 $2,600.00 41,00nm $1,Onn.Ob $5D0,OQ $1,5D0.00 $BO,UDU.UO I4 Centennial 87 $4,000.00 55,000.0P $3,ODU..u0 $21000.00 $6,700.00 $1A8,4D0.00 14 Prlendship p,i N/A $ Ab0.tl0 $ g0q,00 30 ,0 NIA $ toAO lie age 8 2,600.tl0 1,40o,O0 $ 700.00 $ 800.00 $„000.Od gga,0tl0.Op 14 14 fereme 14 $U100.00 $1,00tl,00 $1,100,O0 S 500,00 $4,Op0.mj $30g,20tlA0 14 Santa Anita 5 S21Gp0A0 S g00.00 $ gob,OP $ 400,pb $2.500.00 7G,p04, b 14 Yharnton 35 S 4.000,40 S 3,40iioa $ 2,60000 B4 . S,POO,pO S1gg,400.00 14 Windsor 12 $2,0DO.Dtl $1,b00,n0 $2,000.00 0. D $g,g00.W $10x,00tl,OP 14 l'rallsondwaikways Under Mlles gear Stmlat(S0g4rtmm Aua.ta MacArthur BrVd, pAq $ 8g5.Otl $ IIStl.GO $4gg.06 N/A N/A. $. SSAW= 5 Greenville&treat(North of Hall 03g $ SSO,OU $ 354,00 S 500,04 Ave. to So erstrom AVe, NIA N/A $ 14,40640 6 Jerome (Moore Vitro Ave to Wadden Ave 0.25 NIA $ 500.00 $ 600,00 NIA N/A $15,206,b0 S MacArthurOlvd(5altta Ana fivoryfilito.MatArthurg4rd p,AG N/A $ SOO,Oq $ 800.00 NIA N/A $ 12,0tltl,tlU 3 Haiti (Sdgrtram Ave. t A on Ave, Us $200,O0 D N/A N/A $13,2W00 t Other Aragoa_a Mcfaddan Tdanale 0.g4 N/A $ Go.00 S 850Ao N/A N/A $ 2Y,000.00 3 St, Androw Pl./St.Gertrudepi. 0.1010,08 N/A -700,00 40 , N/A N/A 13,7,00,00 Cemars/Pa lifUag A'. gage 5 -firt'004- -. $,w�aGO,OP $-B,gOG.PG«- $,.glgnG:P4 "g Santa Ann PAAL Conter 0132 N/A 700.00 a 01 N(A $ 14,40OA0 Unused Pr a w Acme N/A salt! amd M rdtl N/A NIP! ,0 N/A A go 15 Anrtual Total $281,22D.00 $256,2tlP,00 Sx91,0.20,00 S69,600,0e$$20,4p0.00 I Pulf•Tlma Equivalents ""Round off Amhnnre to 41A44444 *Aoreago and Linear Miles information is an estimate provided by the City, The CanhactOr is responsible for obtaining actual acreage information, Initials ,y priU 1�^� City ur banta Ana KP I, I R-092 Page 68 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DONYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED Provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riahts to the n.rfiicato hmAl I. Ile.. PRODUCER SilverStone Group 11516 Miracle Hills Drive Suite 100 Omaha NE 68154 INSURED DMS Facility Services LLC DMS Facility Services Inc 1040 Arroyo Drive South Pasadena CA 91030 UUVICKALieS CERTIFICATE NUMBER: 1555272138 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 INSR _.____ BY PAID CLAIMS. - -- LTR TyPIEOF MMIpOYEFF �OLICYEXP ---_— --LIMITS --- --- POLICY NUMBER LGNERAL LIE B X COMMERCIAL GENERAL LIABWTY TB2-691.458727-089 101V2019 10/1/2020 EACH OCCURRENCE CLAIMS -MADE f OCCUR-BAMAGETONME--'— 51,000,000 O PREMISES,(Ee_nur occe].. _-S 100.000 ----- - --- MED EXP one arson PERSONAL B AUV INJURY $1.000_000 __ GEN'L AGGREGATE LIMITPRO. APPLIES PER: GENERALAGGREGATE $2,000,OG0 POLICY I JEST D LOC PRODUCTS •COMP/OP AGO $2,000.000 OTHER: $ C AUTOMOBILE LIABILITY AS6-691-458727-079 10/1/2019 10/1/2020 OMBINEDSINGLE UMn a tl,n E1,000,000 X ANY AUTO BODILY INJURY (Per Parana) $ — OWNED SCHEDULED .. AUTOS ONLY AUTOS HIRED NONAWNED BWILYINJURY(Perac dwu --- § AUTOS ONLY AUTOS ONLtRETEWIONS PROPERTYOAMAGE APS a900,dL $ UMBRELLA OCCUR EXCESS LIACLAIMS-MADE EACH OCCURRENCE __ E AGGREGATE § — OED --- --_— —' A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WA7-69D458727-059 10/1/2019 10/1/2020 X ST TUTE ANYPROPRIETOMPARTNEWEXECUTNE YIN OFFICERIMEMBEREXCLUDED7 NIA EL.EACH ACCIDEN00 (Mandatary In NH) EL. DISEASE -EA EDOCRIPTION ----- aWb.under E.L. DISEASE-POL00D Fi.003.0DO OF OPERATIONS below Contractors Pollution CPO1fi083fi93Liability 10/1/2019 10/1/2020 Each Loss000Aggregate000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 1a1, Additional R.mar9. Schadula, may be aBached II more .pace le required) Additional Insured on a primary and non-contributory basis wilh respects to General Liability, Including completed operators, as required by written contract: City of Santa Ana, Risk Managemenl, It's ofriGers, employees, agents, representatives, and volunteers. Waiver of Subrogation with respects to Workers Compensation as required by written contract. 30 days' Nollce of Cancellation provided with respects to General Liability, Auto and Workers Compensation as required by written contract. E I WM D &EMENTAPPRpOVEoD rPRTIPIrATG Mnt nco City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUNTATIVE THORIZED E4 REPR 011 C ......... 1 r,C •a umu name ano logo are registered marks of ACORD riahts DIMS Facility Services Policy term 10-1-19 to 10-1-20 !Policy Number: Auto Policy #AS6-691.458727-079 Issued By: The First Liberty insurance Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsementmodifies insurance provided under the follovdng BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Pamon(s)/ Organlzadon(s): Emall Address or rnalling address; Number Days Notice: Broker will provide list of organizations and contacts at least 30 10 days prior to the advanced notificationdate A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, 9 any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is Intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All otherterms and conditions of this policy remain unchanged. LIM 99 01 0511 ® 2011, Liberty Mutual Group of Companies. All rights reserved, Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. REVIEWED & APPROVED By Risk MANArEMENT DiVisiON 0 0 7 AT 19 F AN INE V. VILLAREAL DMS Facility Services Policy term 10-1-19 to 10-1-20 GL Policy #TB2-691-458727-089 Policy Number Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY — UMBRELLA COVERAGE FORM Name of Other Pam ;n(s)! Or anizeticn a Email Address or maliing address: Number Days Notice: Broker will provide list of organizations and contacts at least 10 days prior to (he advanced notification dace 30 A. If we cancel this policy for any reason other than nonpayment of premium, we will nobty the persons or organizations shown In the Schedule above. We will send notice to Ole entail or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured- B. This advance notification of a pending cancellation of coverage Is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 0105 11 O 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. REVIEWED & APPROVED By Risk MANAGEMENT DIVISION TO ?1� FRANCINE R. VILLAREAL DMS Facility Services Policy term 10-1-19 to 10-1-20 GL Policy #TB2-691-458727-089 Policy Number Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. EXPANDED ADDITIONAL INSURED — CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED BY WRITTEN AGREEMENT (CONFORMING TO WRITTEN AGREEMENT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2, of Section II - who Is An Insured is amended to include as an additional insured any person(s) or organization(s) to whom you are obligated by a written agreement to procure additional insured coverage under your policy, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations. This insurance does not apply to `bodily injury', "property damage or "personal and advertising injury" arising out of "your work" and included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by written agreement, in which case coverage will be provided for the period of time required by the written agreement and only for liability caused, in whole or in part. by your acts or omissions, or the ads or omissions of those acting on your behalf. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured cr those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sale negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnity the additional insured for liability arising out of the additional insured's sole negligence. B. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply, This insurance does not apply; 1. To "bodily injury', "property damage' or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, Including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the 'bodily injury or "property damage". or the offense which caused the 'personal and advertising injury', involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. LC 20 34 10 13 02013 Liberty Mutual Insurance. All nghts reserved. Page 1 of 2 Includes copyrighted material of Insurance SeMces Office. Inc., with its permission. REVIEWED & APPROVE(/1 5l2018 10:09:47 AM Batch: 4415136 By Risk MANAGEMENT DlvislON 07�19 FRANCINE R. VILLAREAL 2. To "bodily injury' or "properly damage" that occurs during the ongoing operations of a project insured by an Owners and Contractors Protective Liability or Railroad Protective Liability Policy where you are the contractor designated in that policy's declarations. 3. When coverage is available under a consolidated (wrap-up) insurance program that has been provided by the prime contractor/manager or owner of a construction project in which you are involved. This exclusion applies whether or not the consolidated (wrap-up) insurance program: a. Provides coverage identical to that provided by this Coverage Part: b. Has limits adequate to coverall claims; or C. Remains in effect. C. The insurance afforded to any person or organization as an insured under this endorsement: 1. Applies only to coverage and minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy: 2. Does not apply to any person or organizalion for any "bodily injury', "property damage" or "personal and advertising injury If any other additional insured endorsement attached to this policy applies to that person or organization with regard to the "bodily injury', 'property damage" or "personal and advertising injury'; and 3. Applies only if the "bodily injury' or "property damage" Occurs, or offense giving rise to "personal and advertising injury' is committed, subsequent to the execution of the written agreement. LC 20 34 10 13 ® 2013 Liberty Mutual Insurance. All rights rrreeseecrvd. Page 2 of 2 ncludescopyrighted RIerial of EVIEWEDe&A�'I�ItfVYEDwihits permission. By Risk MANAGEMENT DiviSiON 3/15/2018 10:09:48 AM Batch: 4415136 0 072L FRANCINE R. VILLAREAL CMS Facility Services Policy term 10-1-19 to 10-1-20 POLICY NUMBER: GL Policy #TB2-691-458727-089 CONIVERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITYCOVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or arganization(s) shown in the Schedule, but only with respect to liability for "bodily injury' or 'property damage' caused, in whole or in pa by 'your work' at the location designated and described in the Schedule of this endorsement performed for that additional insured and Included in the 'products -completed operations hazard'. However, 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Name Of Additional Insured Person(s) Or Organization(s): B, With respect to the insurance afforded to these additional Insureds, the following Is added to Section III —Limits Of Insurance; 0 coverage provided to the additional Insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations, SCHEDULE As specked in a written agreement which is signed in advance of the "occurrence" or offense for which the additional insured seeks coverage. Location And Description Of Completed Operations N/A Information required to complete this Schedule, If not shown above, will be shown in the Declarations. CG 20 37 04 13 V Insur h YICWtUrfOle0146VED By Risk MANACjEMENY DIvisiON lq�NNML FRANCINE R. VILLAREAL Page 1 of 1 DMS Facility Services Policy term 10-1-19 to 10-1-20 GL Policy #TB2-691-458727-089 Policy Number Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, OTHER INSURANCE AMENDMENT — SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown In the Schedule of this endorsement that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV • Conditions will not apply. If the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph A. Other Insurance of Section IV - Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same *occurrence", claim or "suit". Schedule Person or Organization: All persons or organizations with whom you have entered into a written contract or agcement, prior m an occurrence or offense, to provide additional insured status. LC 24 20 02 13 0 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of i Induces copyrighted material of Insurance Services Office. Inc., with its permission. REVIEWED & APPROVED By Risk MANACiEMENT DivisioN Million RAIN !j NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our fallure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy, Name of Other Person(s) / Organization(s): Broker will provide list of organizations and contacts at least 10 days prior to the advanced notification date Schedule Email Address or mailing address: Broker will provide list of organizations and contacts at least 10 days prior to the advanced notification date All other terms and conditions of this policy remain unchanged. Number Days Notice: 30 Issued by Liberty Insurance Corporalion21814 Policy term 10-1-19to 10-1.20 For attachment to Policy No Work Camp POilcy #WA7-69D458727-069 Premium S Issued to DMS Facility Services, Inc. . REVIEWED & APPROVED By Risk MANAGEMENT DIVISION WC 99 20 75 0 2016 Liberty Mutual Insurance Ed. 12101f2016 T 7 2019 FRANCINE R. VILLAREAL Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2'/ of the California workers' compensation premium otherwise due on such remuneration. Schedule Additional premium is a percent of the California Manual Workers Compensation premlum. Subject to a minimum premium charge of $ 250 Person or Organization Job Oescriotion Where required by contract or written agreement prior to loss and allowed by law. Issued by Liberty Insurance Corporation 21814 For attachment to Policy Effective Date Premium S Issued to DMS Facility Services Policy term 10-1-19 to 10-1-20 Work Comp Policy #WA7-690458727-069 WC 04 03 06 REVIEWED & APPROVED Page I of 1 Ed: 04/1984 By Risk MANAGEMENT DivisiON m07 0 9 FRANCINE R. VILLAREAL Surety Group TOKIO MARINE 801 S Figueroa Street, Suite 700 H C C Los Angeles, CA 90017 USA Tel: 31a-s49-a* Bond Number 1001133552 Initial Premium 549,725.00 PERFORMANCE BOND — PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS, That we, DMS Facility Services. LLC as Principal, and American Contractors Indemnity Company a corporation organized and existing under the laws of the State of and authorized to transact a general surety business in the State of CA as Surety, are held and firmly bound unto City of Santa Ana as Obligee, In the sum of Three Million Three Hundred Fifteen Thousand and No/100 Dollars ($ 3,315,000.00 1, lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs executors, administrators, successors and assigns, jointly and severally, finely by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a contract dated January 21, 2020 with said Obligee to do and perform the following work, to wit: Landscape Maintenance Services for City Parks (Districts 1-4) RFP No.: IM92 NOW, THEREFORE, if the above -bounden Principal shall well and truly perform or cause to be performed, "the works under the contract," then this bond shall be null and void; otherwise it shall remain in full force and effect. Signed, sealed and dated this 18th day of February 2020 . DMS Facility Services, LLC American Contractors Indemnity Company Principal Surety By:f/ „� it By: CC Kathleen Earle , Attorney In Fact COVERAGE UNDER THIS BOND SHALL COMMENCE January 31. 2020 AND SHALL CEASE January 31, 2021. COVERAGE MAY BE EXTENDED FOR ADDITIONAL PERIODS OF ONE (1) YEAR UPON ISSUANCE OF A CONTINUATION CERTIFICATE BY THE SURETY. HOWEVER, NEITHER NONRENEWAL BY THE SURETY, NOR THE FAILURE OR INABILITY OF THE PRINCIPAL TO FILE A REPLACEMENT BOND IN THE EVENT OF NONRENEWAL, SHALL ITSELF CONSTITUTE A LOSS TO THE OBLIGEE RECOVERABLE UNDER THIS BOND OR ANY RENEWAL OR CONTINUATION THEREOF. Necsri Rmail ww on.rar CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa On FEE) 10 2020 Date personally appeared before me, Chelsea Arnold, Notary Public Here Insert Name and Title of the Officer Kathleen Earle Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. CHELSEsAMOLO 54 ; �.� �_ NoCotary Pcbim- California CC 44' s ntra Costa Cocnty r,r; -2280742 gyy 2ix,_, Commissian- d ` My Comm. Expire s Mar 12. 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature LL=a:i� Signature of Notary Public 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Tltle(s): 13 Partner— O Limited O General ❑ Individual IX Attorney In Fact D Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): O Partner— 13 Limited D General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator D Other. Signer is Representing: EiftS"s:EtO'�'�fo..faC.�a:€:3;5;;�8t2y�hi§:3aft:8:i#.97@:Si�iMs79�i9tt�:@,�.'A�7§;t?tG:Sid`�56:$i0.'5is:§,�"s�i�3:8:@fFiffi°iPiis"wW&9?3S$ ©2018 National Notary Association TOKIOMARINE HCC UNITE KNOW ALL MEN BY THESE Company, an assumed name and U.S. Specialty Insurance and appoint Its or IN WITNESS WHEREOF, The Companies have 181 day of June, 2018. n„Yeani:u nnu•roeF State of California County ofLos Angeles DF ATTORNEY ITY COMPANY TEXAS BONDING COMPANY Y U.S. SPECIALTY INSURANCE COMPANY itractors Indemnity'Company, a California corporation, Texas Bonding City Company, United States Surety Company, a M aryland corporation (collectively, the "Companies'), do by these presents make, constitute Anibal Samuel Campos, Michael Colzanl, x Doreen Green of San Ramon; CalifolTtia separate capacity if more than ants named above, with full power and authority to execute, acknowledge and deliver any and all bonds, recognizances, s of suretyship to include riders, amendments, and consents of surety, ""'**Three Million**" Dollars Dollars expire without further action on April 23b, 2022. This Power of Attorney is granted adopted;by the Boards of Directors of the Companies: f AssistantVice-President, any Secretary or any Asslatant Secretary shall be and Is hereby • more suitable persons as Attorney(s)-in-Fact to represent and: act for and on kehalf of:the mtl In the name of and on behalf of the Company, to execute, acknowledge and deliver, any ndemnity and other conditional or obligatory undertakings, Including any and: all consents it of attorney or any be valid and binding to be signed and their corporate seals to be hereto affixed, this PANY TEXAS, BONDING OMPANY 2ECIAL,;[,\Yr1N$,URANCE COMPANY gk gpY �YNyI_ — ?e{ � Q s .�' By. d who signed the document to On this 1" day of June, 2018, before me, Sonia O. Carrejo,a notary public, persori fyappeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within Instrument and acknowledged to me that he executed the same. in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the±person acted, executed the Instrument. I certify, under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature --� (seal) I, Kio Lo, Assistant_ Secretary American Contractors Indemnity Company and U S. Specialty Insurance Company, do hereby certify the of Attorney, executed by said Companies, which is still in full force and set out in the Power of Attorney are in full force and effect. United States Surety correct copy of a Power he Boards of Directors, In Witness Whereof, I have hereunto set my hand and affixed the seeiis of said Companies at Los Angeles, California this 1 Si-1 day of m ap, n � 441 i4" nWINGy I044l. 41411", Corporate Seals �p+Nxi`y� o°AOt�OQo yri4a ugH`� gsrtm.w �N Bond No. 1of1113-As5� hlr! of , :l��a 6( > >e"�f �h: OF x *��2 Agency No. 2032. V,�- ron+A'-' P- *r''� ? ` • /T \:," ' Klo Lo, AsslMadtSecretary n,rmnnrn 44O, xryiru.N 7^IHII, 4o,Y`- - HCCSMANPOA0612010 visit tmhcc.com/surety for more information ;Surety Group N NW TOKIO MARINE 801 S Figueroa Street, Suite 700 \`♦ HCC Los Angeles, CA 90017 USA Tel: 310•S49-00901 Bond Number 100l133552 Initial Premium S Included In Performance Bond PAYMENT BOND — PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS, That we, DMS FadhigSSrrncec I I c , as Principal, and American Contractors Indemnity Company a corporation organized and existing under the laws of the State of CA and authorized to transact a general surety business in the State of CA as Surety, are held and firmly bound unto City of Santa Ana , as Obligee, In the sum Of Three Million Three Hundred Fifteen Thousand and No1100 Dollars ($3,315,000.00 I, lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a contract dated January 21, 202o with said Obligee to do and perform the following work, to wit: Landscape Maintenance Services for City Parks (Districts 1-4) RFP No.: 19-092 NOW, THEREFORE, if the above -bounden Principal shall faithfully pay all laborers, mechanics, subcontractors, materialmen and all persons who shall supply such person or persons, or subcontractors, with materials and supplies for the carrying on of such work, then this bond shall be null and void; otherwise it shall remain in full force and affect. Signed, sealed and dated this Lath day of February 2020 , DMS Facility Services, LLC Principal By American Contractors Indemnity Company Surety By: / Kathleen Earle Attorney In Fact COVERAGE UNDER THIS BOND SHALL COMMENCE January 31, 2020 AND SHALL CEASE January 31, 2021. COVERAGE MAY BE EXTENDED FOR ADDITIONAL PERIODS OF ONE (1) YEAR UPON ISSUANCE OF A CONTINUATION CERTIFICATE BY THE SURETY. HOWEVER, NEITHER NONRENEWAL BY THE SURETY, NOR THE FAILURE OR INABILITY OF THE PRINCIPAL TO FILE A REPLACEMENT BOND IN THE EVENT OF NONRENEWAL, SHALL ITSELF CONSTITUTE A LOSS TO THE OBLIGEE RECOVERABLE UNDER THIS BOND OR ANY RENEWAL OR CONTINUATION THEREOF. nscsr;PUWAY an '. .mr CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa On FEB 1 U 2020 before me, Date Chelsea Arnold, Notary Public Here Insert Name and Title of the Officer personally appeared Kathleen Earle Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 'CHELSIAMNOID p Notary Public- Catiforma d .".5 Contra Costa County Commission 4 22BD747 My Comm. Expires Ma: 12. 202] mo- Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature —7 Signature of Notary Public W r r I V lvM& 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: ❑ Corporate Officer — Tltle(s): ❑ Partner— 0 Limited 0 General 0 Individual CK Attorney In Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: 02018 National Notary Association Signer's Name: ❑ Corporate Officer — Tltle(s): ❑ Partner— D Limited ❑ General 0 Individual ❑ Attorney In Fact O Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing TOMOMARINE HCC AMERICAN CON" UNITED STATEI KNOW ALL MEN BY THESE PRESENT Company, an assumed name of Ameft and U.S, Specialty Insurance Company, and appoint: Steve Passerii hereby conferred in its name, placea undertakings or other Instruments of providing the bond penalty does not (""""$3,000.000.00*"* This Power of Attc under and by authority of the following rf Be if Resolved, that the President, any Vice -PG vested with full power and authority to appotnl Company subject to the following provisions:-- Aftomayin=Fact,may be given full power and a and all bonds, recogn;zences, contracts, agree .for the release of retained percentages and canceling o5 rminating:the Company's liability -one Companyad if signed by the President and 8e it Resolved, that the signature of any authr -cenificate relating thereto by facsimile,. and an upon the Company with respect to any bond or OFATTORNEY ITY COMPANY TEXAS BONDING COMPANY Y U.S. SPECIALTY' INSURANCE COMPANY ntractors Indemnity Company; a California corporation, Texas Bonding pity Company, United States Surety Company, "a M aryland corporation (collectively, the "Companies"), do by these presents make, constitute Anibal Samuel Campos, Michael Colzanl, I Green of San Ramon, California opacity if more than onnds named above, with full power and authority ite, acknowledge and'deliver any and all bonds, recognizances;` of suretyship to persons consents ,,to execute, acknowledge and deliver, any denakings, including any and all consents is, and any and all notices and :documents such Aftorneyin-Fad shall be binding. upon ter affixed to any power of attorney or any or facsimile seal shall be valid and binding IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1B1day of June,2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED S�'f.,'��$ SURETMYPo,Ne PANY , g,pgPECIuINSl1RANCE COMPANY ;j3pitP P� `�O ,ACC(6 Pry M. State of California _��(7 waa.,xa � r <�.((r ao o \\Y /. 3 County of Los Angeles ..,...., F� PIN-, State �S`..: �� .'�.� ,s By: `On this 10 day of June; 2018, before me, Sonia 0. American Contractors Indemnity Company, Texas Company who proved to me on the basis of satisfar and acknowledged to me that he executed the the person or the entity upon behalf of which the R I certify under PENALTY OF PERJURY under the WITNESS my hand and official seal. -A nA ._ to verifies only the identity of fhe Individual who signed the document to r. accuracv. orvalidilyofthatrlocument o, a notary public, personally-11 appeared Daniel P. Aguilar, Vice President of ig Company, United States Surety Company and U.S. Specialty insurance ridence to be the person whose name is subscribed to the within instrument In his authorized capacity, and that by his signature on the instrument acted, executed the instrument, rf the State of California that the foregoing paragraph is true and correct Signature — -- (seal) urca,uoedk ii;'uu I, Kio Lo, 'Assistant Secretary American Contractors Indemnity Company, Texas Bonding;, Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is_a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthenmlra, the resolutions of the Boards of Directors, set out in the power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the teals of said Companies at Los Angeles, California this 1 Rf-h .:day of VL@b. 2020 oroRy IN 3°oat,s%n,UCorporate Seals Bond No. 1001133552 Vb Agency No. 2032 visit tmhoo.comisurety#or 11008MANPOAa612016 Tori Pierson Digitally ae 2'0.signed609371-Pierson0' / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9/28/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dana Webers SilverStone Group LLC, a HUB International company PHONE FAX 11516 Miracle Hills Drive A/C No Ext : 402-964-5787 A/C, No): E-MSuite ADDRESS: dana.wiebers@hubinternational.com 100 INSURER(S) AFFORDING COVERAGE NAIC# Omaha NE 68154 INSURERA: Liberty Insurance Corporation 42404 INSURED DMSFACI-02 INSURERB: AIG Specialty Insurance Company 26883 DMS Facility Services LLC DMS Facility Services, Inc. INSURERC: Liberty Mutual Fire Insurance Co 23035 INSURERD: First Liberty Insurance Corp. 33588 1040 Arroyo Drive South Pasadena CA 91030-2908 INSURERE: Travelers Property Casualty Co of America 25674 INSURER F : COVERAGES CERTIFICATE NUMBER:638742899 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS C X COMMERCIAL GENERAL LIABILITY TB2-691-458727-081 10/1/2021 10/1/2022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence)$ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO - POLICY � ECT1:1 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: D AUTOMOBILE LIABILITY AS6-691-458727-071 10/1/2021 10/1/2022 COMBINED SINGLE LIMIT Ea accident $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY E X UMBRELLA LAB X OCCUR CUP-6S829988-21-NF 10/1/2021 10/1/2022 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LAB CLAIMS -MADE DED X RETENTION $ 1 n nnn $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WA7-69D458727-061 10/1/2021 10/1/2022 X PER OTH- STATUTEI ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? FN] N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Contractors Pollution CP016083633 10/1/2021 10/1/2022 Each Loss 1,000,000 Liability Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: Landscape Maintenance (District 1 and 4) for the RFP No. 15-112 City of Santa Ana, its officers, employees, agents and representatives are included as Additional insureds as respects General Liability, including completed operations, as required by written contract. Primary/Non-Contributory wording is included as respects General Liability, as required by written contract. Waiver of Subrogation with respects to Workers Compensation applies in favor of the City of Santa Ana, its officers, employees, agents and representatives as required by written contract. 30 days' Notice of Cancellation provided with respects to General Liability, Auto, & Workers Compensation as required by written contract. (Except for 10 days for non-payment of premium) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Risk MmrgmweDiftm Santa Ana CA 92701 REmEu,En6MmovEDBy @ 1988-2015 ACORD C( - "'S"'wanegemen ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD DMS Facility Services, LLC Policy Term 10/l/2021-10/l/2022 Commercial General Liability Policy Number TB2-691-458727-081 Issued by Liberty Mutual Fare Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT -SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV - Conditions will not apply. if the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV - Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another po'icy providing coverage for the same "occurrence', claim or "suit". Schedule Person or Organization: All persons or organirations with whom you have entered into a written contract or agreement, prior to an occurrence or offense; to provide additional insured status. LC 24 20 02 13 O 2013 Liberty Mutual Insurance, All rights reserved. Page 1 of I Includes copyrighted material of Insurance Services Office. Inc., with is permission. . Rifil Mudgancnf Dhisbri WviEwm & APPROVED BY' 99W Risk KF ge tOei-1Aide DMS Facility Services, LLC Policy Term 10/1/2021 - 10/1/2022 Business Auto Policy Policy Number: AS6-691-458727-071 Issued By: :he First L'_berty insurance Corp. THIS ENDORSEINENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided unde- the following BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person(s)l Email Address or mailing Number Organ ization(s): address: Days _ Notice: ,broker will provide list of �— 30 organizations and contacts at least i 10 days prior to the advanced notification date j ! A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. in no event does the notice to the third party exceed the notice to the first named insured. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notf€cation will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 Gc' 2011, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office. Inc. with its permission. � Beni nrvisiort +wR"EwED 6 APPROVED BY: ctze P& , Risle Management Cierir lAide DMS Facility Services, LLC Policy Term 10/l/2021-10/1/2022 Commercial General Liability Policy Number TB2-691-458727-081 Issuedby LIBERTY NTUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance previdee under the following BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIA.BI_ - f COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL UABII_ITY — UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)! Or9anization(sl: Email Address or mailing address: Number Days Notice: I Brcker will provide list of organizations and contacts at 30 least 10 days prior to the advanced notification date j A. If we cancel this policy fcr any reason othe, than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. Vie will send notice to the email or ma ling address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notfication will not extend the policy cancellation date nor negate cancel ation of the ool cy. All oche.- terms and conditions of this policy remain unchanged. LIM 99 01 05 11 Cd 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services OfFce, Inc., with its perm'ssion. R ek muagonmi trim REMEwED 6 APPROVED BY: will, laze Pe Risle Management Ci eriral Aide DMS Facility Services, LLC Policy Term 10/1/2021-10/1/2022 Commercial General Liability Policy No. TB2-691-458727-081 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 0413 ® Insurance Services Office, Inc., 2012 Rifil>ni Dhiakm WoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk NFanagement Cl eriral Aide DMS Facility Services, LLC Policy Term 10/l/2021-10/l/2022 Commercial General Liability POLICY NUMBER: TB2-691-458727-081 COMMERCIAL_ GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION r This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: Name Of Additional Insured Person(s) Or Organization Is): 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided t6 the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE As specified in a written agreement which is signed in advance of the "occurrence" or offense for which the additional insured seeks coverage. Location(s) Of Covered Operations NIA Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Ri&>ni Dhiskm ReoEwm & AWROVED BY: /QiG �[£/SP.Qf2 CG 20 10 0413 0 Insurance Services Office, Inc., 2012 Risk K—g—t Cl a i-[ Aide DMS Facility Services, LLC Policy Term 10/1/2021-10/1/2022 Commercial General Liability Policy No. TB2-691-458727-081 CONWIERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law. and 2. If coverage provided to the additional Insured Is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to tnese additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay or, behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As specified in a wrhen agreement which is signed in NIA advance of the 'occurrence" or offense for which the additional insured seeks coverage. Information required to complete this Schedule. if not shown above. will be shown in the Declarations. CG 20 37 04 13 C Insurance Services Office, Inc.. 2012 wz �k Beni nrvisim R"EwED 6 APPROVED BY: +will, I 1624 Risle Management Cierir lAide Workers' Compensation Policy No. WA7-69D-458727-061 NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Name of Other Person(s) / Organization(s): Schedule on file with the company Schedule Email Address or mailing address Schedule on file with the company All other terms and conditions of this policy remain unchanged. Issued To DMS Facility Services, LLC Effective pate 10/ 1 /2021-10/ 1 /2022 WC 99 20 75 © 2016 Liberty Mutual Insurance Ed. 12/01/2016 Number Days Notice: 30 Premium $ rc;�k Beni nrvisiort wR"EwED 6 APPROVED BY: + ctze P Rislc Management Cierir lAide Workers' Compensation Policy No. WA7-69D-458727-061 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2°. of the California workers' compensation premium otherwise due on such remuneration. Schedule Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charge of $ 250 Person or Organization Where required by contract or written agreement prior to loss and allowed by law. Issued by Liberty Insurance Corporation 21814 For attachment to Policy Issued to DMS Facility Services, LLC WC 04 03 06 Ed: 0411994 Effective Date 10/ 1 /2021-10/ 1 /2022 Job Descriotion Premium S Page 1 of 1 Rifil rat t>hiakm REvlE�wm & APPROVED BY' /QiG �[£/SP.Qf2 Risk K—g—t Cl a i-[ Aide October 4, 2021 City of Santa Ana Risk Management Division 20 CIVIC Center Plaza Santa Ana, MCA 92702 Re; Prof 55ionaf Liability insurance Requirement, Dear City of Santa Ana risk Management Division: FriCILITYSE9VICE5 661 East Coronado Street Anaheim, CA 9 606-2504 (949) 975-1366 (800) 445-7115 FAX (714) 238-9040 i, Fred Gonzales, OMS Facility Services, has intent to enter into an agreement with the City of Santa Ana. Throughout the course of this agreement, DMS Facfllty Services attests that I am not a licensed professional and will not employ a licensed professional during the course of my contract with the City of Santa Ana By signing below, I, attest that I possess the legal authority to enter into an agreement VVIth the City of Santa Ana as well as the legal authority to attest to the statements above. If at any tfine it is found that D 5 Facility Services is not adhering to any/all statements in this document, the contract will be considered null and void and the company will be held fully liable for any and all damages, dA9- Fred Gonzale General Manager []MS Faclllty Services Contact Phone, (949) 975-1366 Email Address: fred,g ) n 2 g I es@ dmsfaciIityseruices.corn Rifil Mudgmati Dhialm WoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk K—g—t Clerical Aide ww�w -dmsfaciiityservices.com NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor DMS Facility Services, LLC Name: Project A-2020-001 Number: Project Agreement For Landscape Maintenance Services For City Of Santa Ana Name: Parks The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION COI TYPE OF INSURANCE FILE NAME NUMBER DATE DATE DMS COI 10-01-23 AUTOMOBILE LIABILITY AS6691458727072 10/01/2023 09/23/2022 CERT.pdf City-of-Santa- Ana_DMS-Facility- GENERAL LIABILITY TB2691458727082 10/01/2023 09/23/2022 Se_22-23-GL-Auto- W_9-23- 2022_1188376006_1.pdf DMA Insurance - Letter PROFESSIONAL LIABILITY WAIVER 12/15/2023 12/27/2022 Confirming Non Use of Hiring Professional.pdf WORKERS COMPENSATION AND DMS COI 10-01-23 WA769D458727062 10/01/2023 09/23/2022 EMPLOYERS' LIABILITY CERT.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 2/1/2023 1:05 PM