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AGREEMENT TERMINATION FORM
Please complete this form in its entirety when the attached agreement and all 1
amendments (if any) are no longer in effect. Cih
Y of Santa Ana
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have been satisfied prior to signing the termination form.0 2 iP+11
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No. A-2018-167 was completed on) and final payment has been made.
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Date: ? 13
Revised: 10-18-16
INSURANCE NOT ON FILE
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CLERK OF COUNCIL
DATE: JUL 0 6 2010
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A-2018-167
THIS AGREEMENT is made andentered into this 19th day of June, 2018 by and between
Mariposa Landscape, Inc., a California Corporation (hereinafter "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 (hereinafter "City").
RECITALS
A, On April 5, 2018, the City issued Request for Proposal ("UP") No. 18-030, by
which it sought proposals from qualified firms for landscape maintenance services
for Pacific Electric Park and Roosevelt Walker Center,
B. Contractor submitted a responsive proposal that was selected by the City.
Contractor represents that it is able and willing to provide such services to the
City described in the attached scope of work that is attached to this Agreement
and identified as Exhibit A.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under
this Agreement will be performed in compliance with such standards as may
reasonably be expected from a 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 the landscape and maintenances services for Pacific Electric Park
and Roosevelt Walker Center as set forth in Exhibit A, and incorporated by reference to this
Agreement. Contractor's proposal is also incorporated by reference as though fully set forth herein.
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 and incorporated by reference to this
Agreement. The total amount to be expended for services during the term of this
Agreement, including any extension exercised under Section 3, shall not exceed
$84,911,13. For the initial term of the Agreement, as defined in Section 3, the total
amount to be expended shall not exceed $17,667,03, The amount for the initial
term is $16,060.94 and (2) a 10% contingency of up to $1,606.09 for services as
may be performed by Contractor at the sole discretion of City,
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b. For the first extension period exercised per Section 3 of this Agreement, the total
yearly amount to be expended shall not exceed $32,600.70. This amount is
comprised of $29,637 and, a 10% contingency of up to $2,963.70 for services as
may be performed by Contractor at the sole discretion of the City.
C. For the second extension period exercised per Section 3 of this Agreement, the total
yearly amount to be expended shall not exceed $34,643.40. This amount is
comprised of $31,494 and a 10% contingency of up to $3,149.40 for services as
may be performed by Contractor at the sole discretion of the City.
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting
procedures. Payment need not be made for work which fails to meet the
standards of performance set forth in the Recitals which may reasonably be
expected by City.
3. TERM
This Agreement shall commence on July 1, 2018 and terminate on January 31, 2019,
unless terminated earlier in accordance with Section 15, below. The term of this Agreement may
be extended for two (2) one year extensions upon a writing executed by the City Manager and
the City Attorney.
4. 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.
5. 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
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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.
6. 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 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 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
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
hirit pfpot less than $I,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
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this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be, cancelled
or reduced in coverage or changed in any other material aspect, by
Contractor, without thirty (30) days prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
f. 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 forthwith 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.
INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, Contractors, 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 Contractors, 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 froin 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 terins
of, or effects, arising from this Agreement. The Contractor farther 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's
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.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
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letters patent, trademark, or copyright infingement, including costs, contained in the work
product or documents provided by Contractor to the City pursuant to this Agreement.
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
farther 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 without 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.
11. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
12. 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:
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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:
Gerardo Monet
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
Fax 714- 647-4211
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: Mariposa Landscape, Inc.
6232 Santos Diaz Street
Irwindale, California 91702
Fax 626-960-8477
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.
1,3. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter heroin, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement and
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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 anyterms 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 aclmowledges 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.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay
Contractor compensation for all services performed by Contractor prior to receipt of such notice
of termination, subject to the following conditions:
a, As a condition of such payment, the 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 which fails to meet the standard of
performance specified in the Recitals of this Agreement,
16. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, relation, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities or in connection with any activities 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.
17. 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
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shall be detennined 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.
18. PROIFESSIONAL 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.
19. 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. If the
services being performed are part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and 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.
20, MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right 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,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST: CITY OF SANTA ANA
01
MA IA D. HUIZAR Z14RAUL GODI 1Z5-11."=-z-
Clerk of the Council City Manager
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APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Ey: A , -K
Laura A. Rossini
Senior Assistant City Attorney
'AL:
RaPph Nufvez, Interim
Executive Director,
Parks, Recreation and
Community Services Agency
MARIPOSA LANDSCAPE, INC.
Terry Noriega fvTw-Ut n
President 'f=0R.-Tvz2Dy lV02Aq.Ga
Page 9 of l l
EXHIBIT A
SCOPE OF SERVICES
Appendix
ATTACHMENT
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
LANDSCAPE MAINTENANCE SERVICE
RFP NO,: 18-030
Description of Worlc
ROUTINE MAINTENANCE
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.
Routine maintenance shall include but not be limited to the following services performed at the
Work Sites listed in Attachment 3-6 and per the City of Santa Ana Park Services Standards (see
Attachment 6).
1.0 Turf Care -Shall be differentiated by the two types of turf - "Casual Turf' and "Priority Turf'. 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 clay 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 -priority turf) shall be mowed every other week.
The Contractor may use rotary mowers to mow casual turf. The City prefers that the
Contractor 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. String trimmers
are not allowed for mowing turf.
1.2 Edging and Detailing
Edging/detailing of the entire site shall be performed at the same time mowing occurs.
The City prefers that all edging shall be performed with the use of a McLane's edger or
approved substitute walk -behind or fixed blade stick edger. Contractor shall edge all turf
City of Santa Ana RFP 18-030 ^�
Page 10
adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted
concrete paved areas, pavers, etc.
Edging/detailing may occur with string trimmers around park amenities that are not
immediately adjacent paved surfaces.
Chemical detailing of turf may occur only with the Director's Representatives approval, If
chemical detailing is performed, the Contractor shall spray maximum 3" and use the string
trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity
become recognizable.
The Director's Representative may require the Contractor to use string or rope lines to edge
straight lines if the Contractor's staff fails to achieve this quality without this method.
The Contractor shall detail around trees, along walls/fences and other park 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 a minimum
of every 3 months to maintain crisp evenly round lines.
The Contractor shall detail turf not greater than 1" away from park 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".
2.0 Irrigation
2.1 Contractor shall ensure irrigation systems are continually monitored and repaired in a
timely manner and per the Director's Representatives direction. The Contractor shall
visually check all sites each morning and physically check each sites systems monthly
indicating in writing the: 1) site name; 2) the controllers manufacturer, model and serial
number; 3) controller letter/number; 4) run days; 5) start times; 6) station run times; 7)
water budget percentage; 8) weekly Et; 9) deficiencies noticed; and, schedule to cure/repair
deficiencies.
2.2 When an irrigation system does not adequately provide water to the priority turf area in
which it is installed, due to any reason including but not limited to controller failure, valve
failure, broken heads, poor system design, etc., the Contractor shall direct (heir staff to
immediately provide supplemental irrigation at no extra cost to the City. The Contractor
may use any reasonable means necessary to uniformly irrigate priority turf areas.
Contractor may also submit AEWs with engineered drawings to improve these areas of the
system. Failure to maintain priority turf in a green and healthy condition will result in
deductions from the monthly invoice.
23 Irrigation System Maintenance
2.3,1 Inspection and Reporting- The Contractor shall maintain all sprinkler systems using
City standard irrigation products and details. All repairs shall be to City of Santa
Ana Park Services' specifications and details. Repairs to irrigation heads shall be
_ G ty of Santa Ana NPP 18-030
Page 11
with matching precipitation nozzles. Contractor shall ensure that excessive over
spray/runoff into street right-of-ways or other areas not intended to receive
irrigation is controlled. The Contractor shall repair at his own expense any
irrigation head and lateral line rendered inoperable or malfunctioning due to
attrition, vandalism, etc. All other repairs, RCV to meter, shall be repaired and
shall be "tagged" using the City of Santa Ana Park Services "tagging" system
noting the Company and Irrigation Tech that performed the repair, the date of the
repair and the Contractor's and Irrigation Technicians contact information. All
repairs shall be warrantied for two years from the date of the approved repair. All
head and lateral lines shall be repaired within five days of discovery of
malfunction/repairs needed. All other irrigation repairs shall be performed
immediately following approval of the work. The Director's Representative shall
impose penalties for failure to respond and/or hire a Certified Irrigation Technician
to remedy the system.
All areas receiving marginal coverage shall receive supplemental irrigation by
being irrigated by a portable irrigation method. The contractor shall furnish all
portable hoses, nozzles, sprinklers, etc., necessary to accomplish this additional
irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or
detrimental seepage into existing underground improvements or structures.
2.3.2 Repairs -The Contractor shall be responsible at his own expense for repairs to all
irrigation heads, swing joints and lateral lines as a part of this agreement. The City
will be responsible for the cost of materials from the valve to the water meter. The
Contractor shall submit proposals to the Director's Representative for extra work
to repair/improve the irrigation system from the RCV to the meter.
3.0 Groundcover Care
3.1 The Contractor shall service ground cover/shrub beds on a bi-weekly basis, These areas
shall be maintained within their intended bounds and edged and/or detailed to keep 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.
3.2 Ground cover shall riot 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.
4.0 Shrub/Vine Care
4.1 Shrub
All shrubs shall be serviced every other week. Shrubs growing in the work areas shall be
pruned such that the. plants remain in a healthy growing condition. Plant growth shall be
maintained to prevent 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 shears or loppors in a manner to permit plants to grow naturally in accordance with
their normal growth characteristics. `Box hedging" may be required on some shrubs, as
City of Santa Ana RFP 18-030
Page 12
set designated by the Director. `Box hedged" plants will be required to have all three 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/trimming of plants, unless authorized by the
Director's Representative, is not permitted. Topping of plants whose natural growth sterns
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.
4.2 Vine
Contractor shall plant 250 per year at its own expense 1 gallon Parthenocissus tricuspidata
(Boston Ivy) vines at 15' on center along property walls, building walls, and any other park
owned walls until the vines mature, and cover the walls. Note that the Contractor shall
irrigate the vines and fertilize as necessary to promote healthy and vigorous growth, The
Contractor will immediately replace any vine at the Contractor's expense that is lost for
any reason including brit not limited to lack of water, vandalism, accidental post emergent
spraying, etc,
Contractor shall trim the vine 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 also prune
the vine back to the wall to reduee the width and weight of the vine one-time per year in
May. The Contractor shall keep vines off telephone poles or other non -wall surfaces at all
times.
5.0 Tree Care
The Contractor shall perform all tree services per the City of Santa Ana Park Services Tree
Services Specifications (PSTSS) up to a height of 15'.
5.1 Tree Service
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.
All trees within the scope of work 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
City of Santa Ana RFP 18.030�
Page 13
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.
5.2 Staking, Tying and Guying
All trees requiring staling shall be securely staked at all times with stakes and rubber cinch
ties approved by the Director. Rubber hoses and wire are not permitted ties, All stakes
shall be set perpendicular to prevailing winds unless designated otherwise by the Director.
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.
5.3 Hazardous Tree Reporting
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 evaluate the trees and provide a
written report listing findings and recommendations.
5A Loss of Trees
The Contractor shall be responsible for the complete removal and replacement of any and
all trees lost due to the Contractor's failure to perform under this agreement. 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.
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 Representative. Contractor shall provide an 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 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 Tree 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 valac of the trees lost.
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.
City of Santa Ana RFP 18-030 _, T
Page 14
6.0 Playground/Tot-Lot and Fitness Areas
6.1 Daily Maintenance - The playground/tot-lots/equipment shall be blown free of debris,
sand/wood chips on play equipment, rubberized 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 the playground equipment shall be removed.
6.2 Weekly Maintenance - 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.), sifting of sand/wood chips to assure that debris and any other foreign objects
are removed, removal of weeds, and remove exposed filter fiber and dispose of.
The City shall be responsible for all playground equipment and tot -lot area safety
inspections.
7.0 Sport Court Maintenance
7.1 All sport courts shall be blown off daily. Courts and fence lines shall be completely free of
dirt, debris, etc.
7.2 Contractor shall continuously replace tennis and basketball nets when they become worn
or vandalized. The City shall furnish nets.
8.0 General Maintenance and Clean -Up
The Contractor shall establish a Trash Crew to blow down all paved areas, pick-up trash/debris
and to empty/clean trash receptacles daily,
Daily Maintenance
8.1 All trash and debris (twigs, branches, sand, gravel, rock, wood chips, glass, metal, paper,
etc.) on the ground or in trash receptacles shall be blown-off/removed from all worksites
landscaped and paved areas each day Monday through Sunday before 12:00 p.m. This
includes all parking lots, landscape areas, paved areas, street curb gutters, flood control
channels, etc. The Contractor shall not blow broken glass or any other potentially
hazardous materials into landscape areas. Trash shall consist of all items 80 lbs. or less.
All trash receptacles and lids shall be wiped clean with a germicidal product.
Picnic shelters, drinking fountains, picnic shelter concrete pads, trash receptacles, concrete
or asphalt areas with stains around trash receptacles, park security lights, park benches,
walls, ball diamond backstops, ball diamond dugouts, ball diamond and other sport
concession areas/patios/perimeter areas and ball diamond bleachers and the pavement
beneath them and other park amenities shall be washed/cleaned daily.
8.2 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.
8.3 After heavy windstorms or other inclement weather that impacts sites under this agreement,
die Contractor shall bring in extra staff to clean all parks areas within two (2) days at no
City of Santa Ana RFP 18.030
Page 15
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 from the worksites.
8.4 The Contractor shall keep sidewalks and all other paved areas clean and free of any debris,
dirt, glass, weeds, leaves, etc. at all times.
8.6 Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of
areas during inclement weather.
8,6 Non -pedestrian parking lots, top of curbs, gutters, stamped or other enriched hard roadway
surface areas, shall be thoroughly cleaned once per week,
8,6,1 The Contractor shall hire a sub -contractor specializing in parking lot cleaning to
clean the roadway and parking lots at Centennial Park. The work shall be performed
by the sub -contractor 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 sub -contractor
shall develop a strategy to close off parking lots to prevent people from parking so
he/she may clean the entire parking lot,
8.7 Vacuums, blowers, sweepers, shovels 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 tip/removed from the site. All
non -pedestrian pavement, curb top/bottom, gutters, etc. shall be thoroughly cleaned. Debris
and litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches, loose
rock, sand, soil and trash. The City shall approve any equipment that is to be used for
cleaning parking lots. Large trash items in excess of five inches length or width, a muddle
of smaller items, spills, and any material (including tree/plant material) that creates a safety
hazard shall be picked up daily.
8.8 Daily Site Amenity Blowing & Cleaning — Contractor shall maintain site amenities, patios,
pool decks, playground equipment, and pedestrian paved areas free of debris. Slap tags,
tape, string, nails, push pins, wire, etc. shall be removed from, but not limited to, picnic
tables, park benches, skate park, walls, planters, pool decks, raised curbing, railing, exterior
of buildings, light standards, overhead shelters, etc.
8.8.1 All barbecues shall have ashes, charcoal or any other materials removed once a
week. Contractor shall paint the exterior of the BBQ's and the post with heat and
rust resistant flat black paint whenever rust appears.
8.9 All parks with flagpoles shall have an American flag displayed at all times. The Contractor
shall 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, torn 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.
8.10 Drinking fountains shall be cleaned, sanitized and unplugged on a continuous basis. The
Contractor shall use approved germicidal cleaner and products to assure that drinking
fountains are clean and polished. The Contractor shalt remove all mineral build up, algae,
stains, etc. using any method deemed expedient. The Contractor shall achieve this level of
quality using a combination of cleansers, pressure washer, metal polish product, hand
City of Santa Ana RFP 18-030
Page 16
and/or power tools. Should the drinking fountain be so plugged that dismantling the
fountain is required the Contractor shall notify the Director immediately so City staff can
make the repair.
9.0 Other Requirements
9.1 Weed Control Application
Agricultural pest control services shall be supervised by a state licensed/certified
agricultural pest control employee or approved sub -contractor.
The Contractor shall notify the OC Agricultural Commissioner's Office and the Director's
Representative via email a minimum of 48 hours in advance of any pesticide
applications. The required information shall be the name of the company performing the
application, the proposed pesticides to be applied listing the manufacturer/name of the
pesticide, the rate(s) of application, the reentry period and the method of
application. Furthermore, the Contractor shall copy the email to the Agricultural
Commissioner's Office, thereby, notifying their Inspectors of your sub -contractor's or
QAUQAC intent to apply pesticides. Furthermore, Contractor's sub -contractor or
QAIJQAC shall post on A -frame barricades plastic sealed 18"x24" at minimum 300'
intervals (where applicable) public notification posters listing the company performing the
application, the proposed pesticides to be applied listing the manufacturer/name of the
pesticide, the rate(s) of application, the reentry period and the method of application.
9.1.1 Weed Control
All handscape and landscape planting areas (excluding turf areas) shall be kept free
of weeds at all times. Weeds shall be removed by hand and/or approved mechanical
or chemical methods. The Director's Representative may dispatch City staff or
other contractor's to remove/eradicate weeds that reach two (2) inches or greater or
when weeds exist in turf areas and are not removed/eradicated immediately. In
such instance, the cost will be deducted from the Contractor's monthly invoice.
9.2 Work Not Scheduled
The Director's Representative may delete a portion of or the entire work site from
contractual maintenance during a construction period or any period where the Director
determines that work cannot be scheduled. 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 and will be determined by the City.
10.0 City Inspection
The Director's Representative shall regularly inspect the parks, playgrounds, 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,
City of Santa Ana UP 18-U3U
Page 17
per park, per item specified herein not performed, per day not meeting the specifications during
any such inspection.
Furthermore, it is not die 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 perform all aspects specified in this agreement. Should the Director's Representative
create Power Point punch lists, essentially performing the Contractor's Supervisor's
responsibilhieslduties of determine what work needs to be performed in accordance with the
agreement specificaitons, the City shall deduct $300 per Power Point punch list from the
Contractor's monthly invoice.
Gity of Santa Ana RFP 18-030
Pago 18
Consultant Responsibilities:
1.0 GENERAL CONDITIONS
1.1 Definitions-
L 1.1 "Director's Representative" shall mean the Executive Director of Parks, Recreation
and Community Services designated representative.
1.1.2 "SAPRF" shall mean Santa Ana Park and Recreation Facilities.
1.1.3 "Pruning" shall mean the practice of removing lateral shrub or tree branches and
may also be referred to as "trimming."
1.1.4 "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, gutters, sidewalks, decomposed pathways, asphalt
pavement, mowstrips, 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 gencrates excess noise cannot begin before 8:00 a.m.
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 hnspection 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 entailed to Director's
Representative by Thursday at 4:00pm for the upcoming week. Any changes 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.
1.3 Local Office -The Contractor shall maintain a physical office within the 714 area code
(local office). The local office shall be open Monday through 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.
1.4 Outside the Scope of Work -Damage or malfunction to plant material or irrigation system
equipment (from valve to water meter), with the exception of irrigation heads and lateral
lines, by any of the following may be considered outside the scope of this Agreement:
-Acts of God
-Civil Disorder
-Vehicle Collision (excluding Contractor and its employees and subs)
-Excavation or re -surfacing of the street
-Power failures
-Underground wiring damage
Contractor will not be considered responsible for replacement, Contractor must prove to
the satisfaction of Director that one of the above occurred in order to be excused from
performing Linder the Agreement.
�A---�—City of Santa Ana RFP 1 fi-030
Page 19
2.0 UNIFORMS AND VEHICLES IDENTIFICATION
2.1 The Contractor shall provide to all field personnel a standard uniform including but not
limited to uniforrn company hats, collared work shirts, pants, jackets, cold weather vests
and ANSI approved safety shoes. All uniforms will be marked by patch, silk 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.
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.
3.3 In 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 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 and update
OSHA safety training records and employee safety training certificates.
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
...............---
City of Santa Ana RFP 18-030
Page 20
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 darnage 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 from City and/or
property owner
8.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
8.1 The Contractor shall protect City and/or private property adjacent to work areas including
sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls,
sidewalks, street paving, etc., located on either public or private property. Contractor shall,
at its expense, replace any property that is removed or damaged, other than property pre -
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 Contractorwill not interrupt traffic flow on City streets without obtaining a no -fee
permit from the City. Prior to performing maintenance activities where Contractor
employees world 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: 1) the Excel Park Maintenance Inspector's Inspection Schedule including a
detailed annual, monthly, weekly and daily work schedules consistent with task
frequencies in Exhibit A; 2) certified payroll of employees assigned to the contract areas;
3) organizational chart or equal listing the names, titles, schedules and assignments of all
persons working on the project; 4) invoices and packing slips of name, type and quantities
of commodities purchased; 5) annual/monthly pesticide use report completed on the City's
Excel form; 6) irrigation report including, but not limited to, name of park/facility, location
in park/facility, controller letter, station numbers and their description (priority turf, casual
turf, groundcover, shrub, annual color) days of week on/off, run times, start times, water
budget percent, weekly ET, percent of ET programmed, a detailed description of system
deficiencies and schedule of repairs; and, 7) "green waste" recycling report.
City of Santa Ana RFP 18-030
Page 21
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 mouth 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 and performing the weeldy visible
irrigation checks and the providing a monthly written irrigation test report by
parldcontroller/station.
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
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.
City of
Santa Ana RFP 13-030
Page 22
15,0 CERTIFICATION & APPLICATION OF MATERIALS
15.1 All materials shall be delivered on the site in original containers. Materials shall be subject
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.
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 purpose 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 scale
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
City of Santa Ana RFP 18-030
Page 23
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 WORI{
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, at by weekly written schedules which specify the entire weeks
work locations.
21.0 WORKFORCE
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. In 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 4.8 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 Shects and chemical analysis
where applicable, recommended usage and any other manufacturer's data that may be
City of Santa Ana RFP 18-030
Page 24
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 rodenticides 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 vendor indicating the specific commodity delivered and the quantity.
23.0 TRASH DISPOSAL AND RECYCLING
All organic waste (including leaves, grass clippings, brash, branches, and tree parts) resulting from
work performed under this contract shall be disposed of pursuant to the 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.
As an alternative, the City may allow Contractor to dispose of green waste and trash in bins
provided by the City. The City will determine 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 service for the contractor and the contractor will be
required to pay for their own trash service.\
City 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
City of Santa Ana RPP 18-030
Page 25
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
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, completion per schedule, acceptable fulfillment of
the Agreement by the Contractor, interpretation of the specifications, and compensation, including
completion of work by alternate sources.
Special Requirements
See -ATTACHMENT 4: ADDITIONAL PROVISIONS
City of Santa Ana RPP 18-080 r
Page 26
ATTACHMENT 4c. ADDITIONAL PROVISIONS
1. TERM
This Agreement is expected to commence on July 1, 2018 through January 31, 2019 with the option for
the City to grant up to two one-year renewal options, at the same fee structure identified in Attacbment 3-6 Fee
Schedule, exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with
Section 15, below.
2. ADDITIONAL SERVICES
The City reserves the right to request additional services associated landscape maintenance. Prior to
performance of any work the City will negotiate scope/pricing and the contractor must provide a quotation for
the requested work that is to be approved in writing by the City. City written approval may be in the form of an
"Authorization for Extra Work" form.
5. POLICY FOR DRIVING ON PARK PROPERTY
Driving on park turf is allowed only when necessary to perform an official City maintenance or business
function, and under the following circumstances:
A, When delivering over 301bs. of equipment or supplies to a job site
B. When there is no .improved surface within 40 yards of the worksite
C. When emergency personnel are responding to an emergency, or performing other City business
When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to
sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities.
D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park
Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the
employee or contractor and designate the path in and out of the park that will be the least likely to cause
damage.
E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods
after rain and heavy watering.
F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual
inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations.
City of Santa Ana RFP 18-030
Page 42
ATTACHMENT 5. MAPS
City of Santa Ana RFP 1 B-030
Page 43
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Attachment 5
ATTACHMENT 6: QUALITY STANDARDS
City of Santa Ana RFP 18.Wo
Page 44
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I. ATTACHMENT 3. 4t AGREEMENT STATEMENT
CITY OF SANTA ANA
REQUZST FOR PROPOSALS
FOR
RFP XO.t i 8.030
Proposer understands that the Proposer will enter Into an Agreement shnilar to that as shown in Attachment 2, in
the Appendix of this RPP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days
after being notified of selection under this RPP, the City reserves the right'to select the next most qualified
Proposer or call for now Proposals, whichever the City deems most appropriate,
Proposer concurs to the statements in the sample agreement, with the exception of the following:
Firm
Ina.
Signed and Printed Name:
Title
President _
Date
Page
in
41
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CERTIFICATE OF LIABILITY INSURANCE
DA4/1/
/l/DDI2018c'�Rbp
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($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the Certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In Ileu of such endorsements .
PRODUCER
Landscape Contractors (Licil0755906)
Insurance Services, Inc.
1835 N. Fine Avenue
Freano CA 93727
NAME: 11eri1ta Hall, CISR
PHONE I: (NIR)650-3555 urc. Nol: (558)6S0•5559
'MAIL S.: bhall:$ltli9intl. COm
INSURER(S) AFFORDING COVERAGE
NAICi
INSURERA:WeSCO Insurance Go an
25011
INSURED
Mariposa Landscapes Inc A-- lao
6232 Santos Diaz Drive A-,570j-7^0-16-01
Irwindale CA 91702
INSUR R :Greenwich Ins CO
22322
INSURERC:
INSURERD:
INSURERS:
INP.1I
COVERAGE$ CERTIFICATE NUMBER:18-19 Pkg 9. Auto 9. 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 MIAYHAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
POLICY NUMBER
MIOO`YYYYI
MMIOI
LIMITS
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
A
CLAIMS -MADE ®OCCUR
-DATAZYTPREMISES5-RE9Tlnenesj,-
$ $00,000
MEO EXP.Any one person)_
$ 5,000
WPD1621859 00
4/1/2029
4/1/2019
X
$1,000 PD DED
PERSONAL S AOV INJJRY
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 2,000,000
X POLICY ❑ PSOT RO- ❑
,LOC
PRODUCTS-COMPlOP AGG
$ 2,000,000
Employee BenoRs
$ 1,000,000
OTHER:
AUTOMOBILE
LIABILITY
End ce[dent)
$ 1,000,000
BODILY INJURY(Per person)
$
A
Ix
ANY AUTO
XL OWNED SCHEDULED
AUTOS AUTOS
HIRED AUTOS X AOTOSMIEO
WPP1621959 00
4/1/2018
4/1/2019
BODILY INJURY(PeraCxiom)
$
Per acrvaen[ A
$
Unnsurod motorist w i ed
$ 1,000,000
X
UMBRELLA LIAR
X
OCCUR
EACH OCCURRENCE
$ 6,000,000
AGGREGATE
$ 5,000,000
H
E%CE$$LIAB
CLAIMS -MADE
DED
I
NEC6005017-00
4/1/2010
4/1/2019
WORKERS COMPENSATION
AND SMPLOYER$'LIABILITY YIN
ANY PROPRI SFREXCLUDED7 CIrIVE ❑
(Mandatory in NH)
NIA
STATUTE ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
Ifes, describe under
DE SCRIPTION OF OPERATIONS below
E.L. DISEASE POLICY LIMIT
$
DESCRIPTION. OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remark, Schedule, may be athched Smars apace to required)
RE: All landscape operations performed by or on behalf of the named insured
AAk�1�•
(See attached CG2010 G CG20010413)
City of Santa Ana, it's officers, employees, agents and representatives (ExcludinG o£e ions1
Liability) are named as additional insured ,'�,;,P.ev� „ ''e,�.00
City of Santa Ana
Attn: Purchasing Department
20 Civic Center Plaza
Santa Ana„ CA 92701
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
Hall, CISR/KSAENZ
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
INS025 (201401)
POLICY NUMBER: WPP1621859 00 COMMERCIAL GENERAL LIABILITY
CG 2010 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modes insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional insured Parsons)
Or Or ankcatio s
Locations Of Covered O erations
Blanket as required by written contract.
Information re aired 90 complete this Schedule if not shown above will be shown in the Declarations.
A. Section it — Who is An Insured Is amended to
include as an additional insured the porson(s) or
organizations) 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.
S. 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:
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 Insureds) 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 `r�
principal as apart of the same project. �`o�?
G`Ne
V
5�J\/�S���d
P{y
CG 2010 0413 4 Insurance Services Office, Inc., 2012 Page 1 of 2
C. With respect to the Insurance afforded to these
additional insureds, the following Is added to
Section III — Limas Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
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.
Page 2 of 2 (0 Insurance Services Office, Inc., 2012 CO 2010 04 13
Policy Number; WPP1621859 00
COMMERCIAL GENERAL LIABILITY
CG 20 010413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
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,
5�JG5P�P
QF'
CG 20 01 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1
CERTIFICATE OF LIABILITY INSURANCE
04/02/2018
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 AI
the terms and conditions of the policy, certain
PRODUCER
Global Risk, LLC
1800 N. Wilshire Blvd., Second Floor
Los Angeles, CA 90017
License #01_60361
INSURED
Mariposa Landscapes, Inc.
6232 Santos Diaz St.
1L INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
may require an endorsement. A statement on this certificate does not confer rights to the
213-550-2253
213-550-2258
Irwindale, CA 91702INSURERF —__._:_------_.__-_---
----.__..-...--------r___ _.....__..._I
I
COVERAGES CERTIFICATE NUMBER: 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.
TNSR,- DD OR, - - LI Y EFF PQLICY E%P
L R'.. TYPE OF INSURANCE POLICY NUMBER MMIOD/YYY MIDDNYYV
LIMITS
COMMERCIAL GENERAL LIABILITY i
EACH-GETORENTE 5
CLAIMS MADE OCCUR
._.� '',. ",.. '
( PREMISESLEa occ__enceL _(-$
____.
� MED EXPSAnY one Person) � $
PERSONALS ADV INJURY $
I
III
11 GENERALAGGREGATE$
GEN'LAGGREGATE LIMIT APPLIES PER
I POLICY: -J JEC ILOC ',,
PRODUCTS-COMPIOPAGG $
_�$
OTHER:—____—
!
AUTOMOBILE
IILE AaIUTY.... !
COMBINED SINGLE LIMIT :$
[Ee scgi!{enJl_— ,..— _.___ ......_.
BODILY INJURY (Per person) $
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per accldanp $
--
% NON OWNED
HIREDAUTOS AUTOS :
PROPERTY I MAGE $
1(Per acci,Eenq_
''. UMBRELLA LIAR OCCUR
EACH OCCURRENCE_".
_'. EXCESS i CLAIMS MADE
AGGREGATE $
DED RETENTIONS
A WORKERS COMPENSATION 90-20720-01 '04/01/201804101/2019
X STATUTE DOER
AND EMPLOYERS' LIABILITY YIN 1
E.L.EACH ACCIDENT $ 1,000,000
ANYPROPRIETORIPARTNER/EXECUTIVE
NIA
E.L.DISEASE EA EMPLOYEE s 1000,000
OFFICERIMEMBER EXCLUDED?
.(Mandatory In NH)
Ifes, describe under
D SCRIP'rION OF OPERATIONS below "'
"-
E.L. DISEASE -POLICY LIMIT $ 11000,000
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mom space Is required)
Re: Operations of the Named Insured.
�ee�e
�
cue
sae
City of Santa Ana
Attn: Purchasing Department
20 Civic Center Plaza
Santa Ana, CA 92701
SHOULD ANY OF THE ABOVAi SCRIB'j=„@�QLI61ES BE CANCELLED BEFORE
THE EXPIRATION DATE'`THEREOF,YNp'tICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Co7GP.7:bDS CAeTK�7:7 aTdIrT:7 rZ�7:Tei i CeTP AIi11 iiRilLTkTTT."f>T A
ACORD 25 (2014I01) The ACORD name and loge are registered marks of ACORD
SENTRY CASUALTY COMPANY
Carrier Code No. 37877
WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
POLICY NUMBER: 90-20720-01 00 181
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for
an injury covered by this polioy. 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.)
This agreement shall not operate directly or indirectly to benefit
any one not named in the Schedule.
Schedule
"ALL WRITTEN CONTRACTS PROVIDED SUCH CONTRACT WAS MADE PRIOR TO LOSS"
WC 00 03 13 (Ed. 04-84)
Copyright 1983 National Council on Compensation Insurance.
MAR 90-20720-01 00 181 MARIPOSA LANDSCAPES INC
03-30-18
PAGE 001