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HomeMy WebLinkAboutSWAYZER CORPORATIONINSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL A-2019-141 DATE; StarP p 4 2019 AGREEMENT TO PROVIDE LANDSCAPE MAINTENANCE SERVICES FOR �,bW S ER FACILITIES AND SANTA ANA REGIONAL TRANSPORTATION CENTER THIS AGREEMENT is made and entered into this 20th day of August, 2019 by and between Swayzer Corporation ("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" ). RECITALS A. On May 16, 2019, the City issued Request for Proposal No. 19-048, by which it sought a contractor to provide landscape maintenance services for water facilities and the Santa Ana Regional Transportation Center. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 19-048 and addendum thereto. 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 contracting 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: I. SCOPE OF SERVICES Contractor shall perform the services that were described in the scope of work that was included in RFP No. 19-048 and that is attached as Exhibit A. Contractor's proposal, including its acknowledgement, by letter dated July 10, 2019, to provide emergency services is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit C. The total annual sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $125,000. This sum is comprised of (1) the base amount of $85,200 and (2) a contingency in the amount of $39,800 for additional services at the City's sole discretion. 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 Page 1 of 8 performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and tenninate on August 19, 2022, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney, 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 `Snamtenance" 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, 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 not 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 docutuents 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 Page 2 of 8 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. 7. 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 ofinsureds 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. C. 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 cancelled Page 3 of 8 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. 8. 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 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 terms 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'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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided, by Contractor to the City pursuant to this Agreement. Page 4 of 8 10. 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, expenditrues, 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. 11. 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 infornation, 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 ofnon-use and nondisclosure shall not apply to ally 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. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under 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) Page 5 of 8 F.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Swayzer Corporation 1665 East Del Amo Blvd Carson, CA 90746 Attn: Samuel Swayzer 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 timefranics, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents t'ue complete and exclusive statement between fne City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other insttunient 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. 1.5. 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. Page 6 of 8 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy, No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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 perfomled 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. 1.8. NON -]DISCRIMINATION Contractor shall'not discrirninatebecauso 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. 19, 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. 20. PRO]FESSIONAL 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 Page 7 of 8 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. 21. 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. o.. DAISY • Cler� of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: �.. >�. Mini M.Funk Assistant City Attorney FOR APPROVAL ti Sw PPLS Executive Dt orr Public WorMWeencv CITY OF SANTA ANA Kiistine Ridge City Manager CONTRACTOR q r�w Name: Samuel Swayzer Title: President 0 Page 8 of 8 EXHIBIT A SCOPE OF WORK INTRODUCTION AND BACKGROUND The City of Santa Ana, Water Resources Division issues this bid document to procure full and complete contract landscape maintenance at designated sites, herein described, and that such sites be kept in a healthy, weed -free, vigorous, and well -kept state at all times. The Contractor shall provide at his own risk and cost all labor, materials, tools, equipment, traffic control and miscellaneous devices, transportation, hauling, dumping, fertilizers, insecticides, rodenticides, chemicals and other items needed to perform landscape maintenance work as directed herein. The Contractor shall provide complete landscape maintenance at all work sites, including, but not limited to pruning, structural shaping of young trees, shrubs, and ground cover plants; trimming overgrowth of all foliage and preventing growth on top of city equipment; removing and controlling weeds; controlling plant diseases and pests; mowing turf; edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; and other maintenance required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in good condition with accepted standards for growth, color, and appearance. DESCRIPTION OF PROJECT Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein including, but no limited to, the following: ❑ Hardscape cleaning ❑ Weeding, cultivating and brush control both mechanically and with chemicals ❑ Fertilizing EJ Shrub and groundcover trimming, pruning, training ❑ Mowing and verticutting ❑ General rodent, pest and disease control on landscape planting and turf ❑ General drainage structure and system maintenance ❑ Reporting for vandalism, graffiti, or any safety concerns ❑ General litter control, refuse removal, and grounds policing ❑ Plant replacement ❑ Access roadway clearance and visibility maintenance ❑ Minor tree pruning and staking of trees under 12 feet in height ❑ Irrigation programming, monitoring, maintenance, and repair ❑ Emergency maintenance/service 1. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed on all work sites listed and shown in ATTACHMENT 3: SITE LOCATIONS AND MAPS. 1.1. TURF CARE City of Santa Ana - RI-P 19-048 Landscape Maintenance Services of Water Facilities and Santa Ana Regional Transportation Center 14 1.1.1 MOWING All turf shall be mowed weekly with mulching mowers. Subject to the approval of the City of Santa Ana, the contractor may reduce the mowing frequency to biweekly during periods of rain or prolonged cold. All grass clippings shall be left in place with the exception of large accumulations, which shall be collected and removed after each mowing, All roadways adjacent to work areas shall be kept clean at all times. All turf shall be out to a height appropriate for the type of grass being mowed. Mowers shall be maintained in optimum condition with sharp blades to provide a smooth, even cut without tearing of the leaf blades. Turf shall only be mowed after two (2) consecutive non -watering days and/or as directed by the City of Santa Ana. Any and all signs found onsite or on trees shall be removed, including but not limited to political, garage sale, lost and found, etc. All litter/debris shall be picked up prior to mowing, All turf and hardscape areas including but not limited to the outside and inside perimeter of the City property including sidewalks and streets shall be free of turf clippings, plant debris and trash at the end of the scheduled mow day. 1.1.2 EDGING AND DETAILING Ali turf shall be edged with blade trimmer adjacent to all improved surfaces and, where no improved surface exists, turf edges shall be maintained as if the turf area abuts a shrub bed or property line. Edging and detailing shall be performed weekly. Following each edging, all edging debris shall be removed, Turf shall be mechanically edged during the mowing of each week, The edging along sidewalks, curbing and other concrete shall be performed with a blade type edger. Sidewalks and other hard surfaces shall be properly cleaned after each edging including grass stains or marks made as a result of the mowing process. Contractor shall flag all irrigation sprinklers prior to commencement of work. All turf growing adjacent to irrigation hardware, tree trunks, or any other landscape amenity shall be neatly detailed by string trimmer and/or chemicals to twelve (12) inches in all directions of said objects. Blade trimmers are prohibited from usage twelve (12) inches around any tree, shrub, or establish plant base. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phototoxicity become recognizable. Any damage, as determined by the City of Santa Ana, caused to irrigation components, sprinklers, valves, etc., or plant material by edging equipment and/or mowers shall be replaced by the Contractor at Contractor's expense. 1.1.3 FERTILIZATION Lawns shall be fertilized four (4) times annually with a "complete fertilizer". Fertilize two (2) times per year during the months of December and February using 22-3-9 at the rate of five pounds (5 lbs.) per 1000 square feet or approved equivalent program. During the months of June and October fertilize with City of Santa Ana - RFP 19-948 Landscape Maintenance Services of Water Facilities and Santa Ana Regional Transportation Center 15 16-6-8 at the rate of six pounds (6 lbs.) per 1000 square feet two (2) times per year, or approved equivalent program. Due to the broad geographical area of the contract, the City may from time to time adjust or change the fertilization specifications contained herein as a result of consultation with Contractor. All fertilization shall be included with the landscape maintenance of each contract area. Contractor shall supply and transport all required fertilizers and include costs in the bid to the City. 1.1.4 WATERING Turf areas shall be deeply watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas be allowed to show a lack of fresh green color or a loss of resilience due to lack of water. Wherever or at any time that an irrigation system is damaged, fails or does not adequately cover the turf area in which it is installed, the Contractor shall furnish and set out hoses and sprinklers, or other portable means, as required to uniformly water the turf area. Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4;00 a.m. and shall be programmed to prevent excessive runoff, pending or over watering. Turf areas shall not be maintained in an over watered and/or saturated condition. Contractor shall respond immediately to signs of turf stress. Turf lost due to stress shall be deemed contractor negligence, as determined by the City of Santa Ana, and replaced at Contractor's expense. Trimming of grass around the trees in the turf area shall be performed during the mowing of each week in such a manner as to avoid damage to the tree trunk. Contractor shall develop and maintain a program to ensure that all turf is maintained free of fungus, insect infestations and/or tun diseases at all times. Damaged and/or bare spots in turf shall be immediately repaired at the time of detection. The tree guards shall be maintained in place around the trunk of each canopy tree at all times to eliminate tree damage by string trimmers, mowers, etc. Trees damaged by Contractor shall be immediately replaced at Contractor's expense. 1.1.5 DETHATCHING Turf areas shall be dethatched once per year between September and October or as directed by the City of Santa Ana. Dethatching shall be accomplished by use of a "vertical type" dethatch machine. Contractor shall flag all irrigation sprinklers prior to commencement of work. All thatch and debris shall be immediately removed upon completion at Contractor's expense. 1.1.6 OVERSEEDING Each year, all turf areas shall be overseeded with Eagle Blend or equivalent perennial rye grass at the minimum rate of seven (7) pounds per 1,000 square feet. Seed shall be uniformly broadcast, with care City of Santa Ana - RFP 1M 48 Landscape Maintenance Services of Water Facilities and Santa Ana Regional Transportation Center 16 taken to not broadcast in non -turf area. Dethatching and/or deep scalping of the turf may be required as directed by the City of Santa Ana. Seeds shall be guaranteed free of disease, pests, or other foreign grasses or weeds. 1.1.7 PRE -EMERGENT The Contractor shall apply an approved pre -emergent herbicide to all turf areas on an as needed basis for control of all types of weeds. At no time shall weeds be allowed to remain in turf areas. 1.1.8 WEED CONTROL OF PAVED/HARD SURFACES Contractor shall control all weeds growing in cracks, expansion joints and other hard surfaces adjacent to the landscape area by the use of chemical weed control to include long narrow median noses, cracks in sidewalks/curbs/gutters, etc. Contractor shall develop and maintain a broadleaf weed control program that will ensure that all turf is maintained in a weed -free condition at all times. 1.1.9 LITTER PICKUP/HARDSCAPE CLEANING Contractor shall provide litter pickup to all landscaped areas weekly. The hardscape areas adjacent to the landscape, i.e. sidewalks and concrete in the medians, shall be cleaned of leaves, paper, dirt, feces, miscellaneous abandoned items, and other debris in conjunction with litter pickup. At no time will this debris be blown into the street, storm drains, and/or onto private property All litter shall be removed from the turf prior to each mowing. 1.1.10 REPLANTING The Contractor shall re -sod all turf lost due to normal attrition or due to Contractor's faulty maintenance or negligence, as determined by the City of Santa Ana, at no additional cost to the City. At no time shall ridges or depressions caused from contractor equipment on over watered and/or saturated ground, as determined by the City of Santa Ana, be permitted in the turf areas. This shall be deemed Contractor negligence. Contractor shall remove and replace with new turf at no additional cost to the City. 1.2. GROUND COVER CARE 1.2.1 EDGING AND DETAILING Ground cover beds shall be maintained within their intended bounds, edged and/or detailed every week. Maintain a 12" clearance between different plant material. City of Santa Ana - RFP 19-048 Landscape Maintenance Services of Water Facilities and Santa Ana Regional Transportation Center 17 Ground covers shall not be permitted to encroach into lawns, shrubs, adjacent desirable bare areas, wall fixtures, furniture, other ground cover areas, etc, All sites shall be cleaned following each edging/detailing, including streets and sidewalks (when applicable). 1.2.2 FERTILIZATION All ground cover beds shall be fertilized using a complete or approved fertilizer (such as 16-6-8 Turf Supreme) four (4) times per year. The rate of application shall be two (2) pounds of actual nitrogen per 1,000 square feet. Proof of application in the form of empty fertilizer bags may be requested at any time by the City of Santa Ana. Advanced notice shall be given to the City of Santa Ana prior to performing this task. 1.2.3 RENOVATION Ground cover beds shall be thinned and pruned, separated and/or relocated for the health of the planting and the appearance of the site, and at such other times when directed by the City of Santa Ana. Infill planting of bare groundcover areas shall be replanted when necessary or upon request with flats of the same species one time per year as part of routine maintenance at no additional cost to the City. 1.24 CULTIVATION AND MULCH All bare soil or open areas shall be either cultivated weekly or covered by a minimum of two (2) inches of mulch. All mulch material shall be of a recycled product free from foreign grasses and weeds and shall be approved by the City. At no time shall weeds be allowed to remain in bare or planted areas. 1.2,5 REPLANTING The Contractor shall be responsible for the complete removal and replacement of ground cover lost due to normal attrition or to Contractor's faulty maintenance or negligence, as determined by the City of Santa Ana, at no additional cost to the City. Contractor shall control weeds by keeping all planters, shrubs and ground cover areas free of visible weeds at all times. Where ground cover grows under pine trees, the Contractor shall use a combination of techniques (raking and blowing) to prevent the build-up of needles from forming on the ground cover. Ground cover plants shall be added, as needed, to ensure a solid mass planting in conformance with the original intent at no cost to the City. 1.3. TREE CARE 1.3.1 GENERAL REQUIREMENTS The Contractor shall bring to the attention of the City of Santa Ana within twenty-four (24) hours any tree -displaying root heaving or girdling (either by roots or a foreign material, leaning, broken or hanging limbs, or any other reason posing a potential safety hazard.) Any safety hazard present now shall be reported immediately. Note: All trees up to 9 inch DBH (Diameter at Breast Height) are included in routine maintenance. City of Santa Ana - RI°P f o-048 Landscape Maintenance Services of Water Faclllties and Santa Ana Rerdional Transportation Center 18 1.3.2 REPORTING An annual report shall be provided by an ISA Certified Arborist, by January 301h of each year, on the overall condition and health of all trees under the scope of this contract. Specific trees in need of additional care or removal shall be identified by species and/or address. The Contractor shall provide an annual report identifying the location, address and species of tree vacancies. 1.3.3 PRUNING All trees within the scope of work shall be maintained to keep the natural integrity and shape of the trees. This work shall be accomplished in a manner, which will ensure that each individual tree is pruned per American National Standards Institute (ANSI) standards, per ANSI A300 Part 1, 2008 pruning standard and the ASNI Z133.1 as outlined in the City of Santa Ana Tree Pruning and Stump Removal Specifications are to be followed, All work shall be of the highest quality as outlined under the City of Santa Ana Tree Pruning and Stump Removal Specifications. In addition, the Contractor shall remove or prevent encroachment where it blocks vision or is considered undesirable by the City of Santa Ana. Low branches overhanging sidewalks shall be removed to a height of seven (7) feet above grade. Young trees needing pruning, training, and shaping to develop and maintain a dominant leader from which smaller primary branches arise that are radially and vertically spaced along the trunk, From time to time, the contractor may be asked to raise the canopy of the trees for security reasons and this shall be considered routine maintenance. 1.3A STAKING _TYING AND GUYING All trees under 4" DBH requiring staking shall be securely staked at all times with approved stakes and rubber VIT ties, Rubber hoses and wire will not be permitted. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the City of Santa Ana. 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. 1.3.5 FERTILIZATION All trees shall be fertilized using a complete or approved fertilizer a minimum of one (1) time per year 1.3.6 WATERING All trees shall be properly irrigated to maintain a healthy condition. Trees shall not be maintained in an over watered and/or saturated condition. 1.3.7 REPLANTING The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's faulty maintenance or negligence, including but not limited to girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning techniques which disfigure City of Santa Ana - RFP 19-048 Landscape Maintenance Services of Water Facilitles and Santa Ana Regional Transportatlon Center 19 or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations as determined by the City of Santa Ana. Replacement shall be made by the Contractor in the kind and size of trees determined by the City of Santa Ana. Where there is a difference in value between the trees lost and the replacement of trees, this difference will be deducted from the contract payment. In all cases, the value of the trees lost will be determined by the City of Santa Ana using the latest American Shade Tree Conference guidelines for value determination. 1.4. SHRUB CARE Contractor shall remove dead shrubs and backfill to existing grade with imported soil as necessary to maintain a consistent finished grade. Sinkholes will not be acceptable as it represents a liability to the City. Replacements of shrubs will be approved by City of Santa Ana. Wall vines adjacent to and coming from City landscapes are a part of the maintenance of this contract. Wall vines shall be kept trimmed approximately four (4) inches from the wall and eight (8) inches below the top of the wall. Where wall vines have been allowed to grow over the top of the wall, the Contractor shall keep wall vines trimmed down to the top of the wall. Wall vines may require trimming two or more times per month during the growing season. 1.4.1 PRUNING All shrubs growing in the work areas shall be pruned as required, to maintain plants in a healthy growing condition and to maintain plant growth within reasonable bounds to prevent encroachment of passage ways, walks, streets, view of signs or in any manner deemed objectionable by the City of Santa Ana. Dead or damaged limbs or branches shall be cleaned out and removed with sharp pruning tools with no projections or stubs remaining. Pruning shall be done in a manner to permit plants to grow naturally in accordance with their normal growth characteristics except box hedging may be required on some shrubs, as designated by the City of Santa Ana. Shear hedging or severe pruning of plants, unless authorized by the City of Santa Ana, shall not be permitted. Should the Contractor shear hedges or severely prune plants and disfigure or damage the plants, the contractor shall be responsible for replacing those plants with like kind and size as determined by the City of Santa Ana. The Contractor may be requested from time to time to raise the bottom or lower the tops of the shrubs for security reasons. This shall be considered routine maintenance and performed at no extra cost to the City. 1.4.2 FERTILIZATION All shrubs shall be fertilized using a complete fertilizer (such as 16-6-8) four (4) times per year. The rate of application shall be two (2) pounds of actual nitrogen per 1,000 square feet. Proof of application in the form of empty fertilizer bags may be requested at any time by the City of Santa Ana. Advanced notice shall be given the City of Santa Ana prior to performing this task. 1.4.3 RENOVATION Shrubs shall be thinned and pruned, separated and/or relocated for the health of the planting and the appearance of the site, and at such othertimes when directed by the City. Infill planting of bare shrub areas shall be replanted when necessary or upon request with plant material of the same species one time per year as part of routine maintenance at no additional cost to the City. Clry of Santa Ana - RFP 19-048 Landscape Maintenance Services of Water Faellities and Santa Ana Regional Transportatlon Center 20 1.4.4 WATERING All shrubs shall be properly irrigated to maintain a healthy condition. Shrub areas shall be deeply watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shrub areas shall be allowed to show a lack of fresh green color or a loss of resilience due to lack of water. Wherever or at any time that an irrigation system is damaged, fails or does not adequately cover the shrub area in which it is installed, the Contractor shall furnish and set out hoses and sprinklers, or other portable means, as required to uniformly water the shrub. Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed to prevent excessive runoff, ponding or over watering. Shrub areas shall not be maintained in an over watered and/or saturated condition. Contractor shall respond immediately to signs of plant stress. Plant material lost due to stress shall be deemed Contractor negligence, as determined by the City of Santa Ana, and replaced at Contractor's expense. 1.4.5 REPLANTING The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's faulty maintenance or negligence, as determined by the City of Santa Ana, at no additional cost to the City. 1.4,6 CULTIVATION AND MULCH All bare soil or open areas shall be either cultivated weekly or covered by a minimum of two (2) inches of mulch. All mulch material shall be of a recycled product free from foreign grasses and weeds and shall be approved by the City. At no time shall weeds be allowed to remain in bare or planted areas. Shrubs shall be pruned as required to ensure clear vehicular and pedestrian visibility and clearance, Remove broken or diseased branches and provide general containment and goad appearance. Plant material encroaching onto or from City property shall be trimmed back to property line at City's discretion depending on circumstance, i.e. plants growing over fences and sidewalks from private property adjacent to contracted areas shall be trimmed back to the property line, Prune shrubs to retain as much of the natural informal appearance as possible, consistent with intended use, i.e. vines not growing into other plants, etc. Coordinate with City of Santa Ana, Continuously remove any spent blossoms or dead flower stocks, as required, to present a neat, clean appearance. Plants growing over curbing and/or sidewalks shall be maintained even with the edge of the sidewalk or curb and be trimmed on a natural taper rather than vertical, so as not to appear to be hedged. City of Santa Ana - RFP 19-048 Landscape Maintenance Services of Water Facllllles and Santa Ana Regional Transporlallon Center 21 Schedule the application of a complete fertilizer with an analysis of 15-15-15 at the rate of six (6) pounds per 1000 square feet as often as required, but no less than three times per year, to promote optimum growth and healthy appearance to all shrubs. Ailing or stunted shrubs shall be removed at time of discovery and replaced in kind within five (5) working days. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients within three (3) working days of discovery. Contractor shall replace shrub failure that is determined to be due to Contractor's neglect or improper treatment at his expense. 1.5. WEEDS, DISEASE, AND PEST CONTROL 1.5.1 WEED CONTROL All landscape and hardscape areas within the specified scope of work (including, but not limited to, turf, shrub and ground cover, planters, tree wells, ornamental bark or rock areas, sidewalk, asphalt or concrete areas) shall be kept free of weeds and foreign grasses at all times. The complete removal of all weed growth shall be accomplished on a continuing basis. Weeds shall be controlled by hand and approved mechanical or chemical methods. The transferring of weeds or disease from one infected turf, plant or tree to another turf, plant or tree through improper or faulty maintenance shall be considered Contractor negligence, as determined by the City of Santa Ana. Such negligence includes but is not limited to, non -cleaning or non -disinfecting of tools or equipment and for not isolating the infected area. All affected turf, plant, or tree shall be replaced by Contractor at no cost to the City. Contractor shall continuously control weeds at all sites with both pre and post -emergent chemical control through mechanical methods and/or by hand. It is intended that all sites will be practically weed - free through this process, Weeds determined by the City of Santa Ana to be objectionable shall result in a penalty assessed against Contractor for each affected site. Contractor shall provide the same weed control in cracks, expansion joints and other small openings in the sidewalk/curb area. 1.5.2 DISEASE AND PEST CONTROL The Contractor shall regularly inspect all landscaped areas for presence of disease, insect or rodent Infestation. The Contractor shall advise the City of Santa Ana within forty eight (48) hours of when disease, insect, or rodent infestation is found, and the action to be taken. Upon approval of the City of Santa Ana, the Contractor shall implement approved control measures, following all Federal, State, County, and municipal laws, regulations and ordinances required for the approved work. Approved control measures shall be continued until the disease, insect or rodent is controlled to the satisfaction of the City of Santa Ana. The Contractor shall utilize all safeguards necessary during disease, insect or rodent control operations to ensure safety of the public and the employees of the Contractor. City of Santa Ana - RFP 10.048 Landscape Maintenance Services of Water Facilities and Santa Ana Regional Transportation Center 22 All pesticide operations, where required, shall be performed by a Qualified Applicator as certified by the State of California Department of Pesticide Regulation. The Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. Contractor shall provide complete and continuous pest control an&or eradication of all pests or diseases in accordance with the specifications contained herein. 1.6. IRRIGATION SYSTEM MAINTENANCE 1.6.1 GENERAL RESPONSIBILITIES Irrigation shall be done by the use of automatic or mechanical sprinkler systems, where available and operable, or manually; however, failure and/or damage of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper coverage to all areas in the contract work site. Newly planted trees, shrubs, ground cover, and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal healthy growth. Proper berms or basins shall be maintained during the establishment period. Any damages to public or private property resulting from excessive irrigation water or irrigation water runoff shall be charged against the contract payment unless immediate repairs are made by the Contractor to the satisfaction of the City of Santa Ana. Contractor shall vacuum all irrigation cabinets and controllers, both inside and outside, and maintain in a thoroughly clean condition at all times. 1.6.2 OPERATION OF AUTOMATIC IRRIGATION CONTROLLERS Where the operation of automatic irrigation controllers is required as part of this contract, the Contractor shall: • Do not duplicate any coded City key furnished by the Public Works Agency for access and operation of the controller. • Surrender all keys furnished by the Public Works Agency at the end of the contract period, or at any time deemed necessary by the City of Santa Ana. • Protect the security of City property by keeping controller cabinets and building doors locked at all times • Refrain from using premises behind locked doors for storage of materials, supplies or tools, except as approved by the City of Santa Ana. • Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. oras required. City of Santa Ana - RFP I M48 Landscape Maintenance Services of Water Pacilitias and Santa Ana Reglonal Transportation Center 23 1.6.3 WATER CONSERVATION The Contractor shall turn off irrigation system during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of horticulturally acceptable maintenance practices as determined by the City of Santa Ana. When the City of Santa Ana acknowledges the necessity to turn on the water once again, all controllers shall be activated within twenty-four (24) hours. After 24 hours, the City of Santa Ana at his discretion may elect to activate the controllers with City forces. 1.6.4 IRRIGATION SYSTEM MONITORING & INSPECTION All irrigation systems shall be inspected and adjusted on a weekly basis or more frequently as required, considering the water requirements of each remote control valve. The Contractor shall physically inspect (by manual or semi -automatically running the Controller) the operation of all systems weekly. The Contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capability, and make whatever adjustments are necessary, including but not limited to, adjustment of heads or inserts, or replacing of inserts, etc., to prevent excessive over spray/runoff into street right-of-ways or other areas not intended to receive irrigation over spray/runoff. Controllers shall be programmed to water during nighttime hours between approximately 10:00 p.m. and 4:00 a.m. or upon request/when required. Contractor shall observe and note deficiencies occurring from the original design of facilities and review these findings with the City of Santa Ana so necessary improvements can be considered. Authorization must be obtained from the City before proceeding with work not covered under normal maintenance work and the malfunctioning sprinkler system area shall be irrigated by a portable irrigation method until all authorized repairs have been completed to the City's satisfaction. All areas receiving marginal coverage shall be irrigated by a portable irrigation method. The Contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this supplementary irrigation. Care shall be exercised to prevent waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. Contractor shall submit a quarterly (or upon request) irrigation report to the City of Santa Ana. The report shall be of the format required by the City of Santa Ana and shall include, but not be limited to, controller location, address, type of controller, number of stations, and schedule for each station, turf, ground cover or shrub irrigation, condition of site, and repairs made for each station. Contractor shall provide irrigation personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustment, and repair. This is to include diagnosis and repair of controllers, valve wires, control valves, lateral lines, gate valves, main lines, strainers, pressure regulators, backflow devices, moisture sensors, master valves, and electric pedestals. Contractor shall maintain an adequate stock of medium and high usage items for repair of all irrigation systems. Automatic controllers and/or enclosures shall be locked while unattended. Contractor shall maintain a log at each controller location. Contractor shall provide efficient use of water at all times. The controllers shall be programmed and monitored to maintain adequate moisture, optimal for growth and appearance, while eliminating City of Santa Ana - RFP 10-048 Landscape Maintenance Services of Water Facilities and Santa Ana Regional Transportation Center 24 excessive runoff. Adequate soil moisture shall be determined by visual observation, plant resiliency, and turgidity, examining cores removed by soil probe, moisture sensing devices, and programming irrigation controllers accordingly. Considerations must be given to soil texture, structure, porosity, water holding capacity, drainage, compaction, precipitation rate, runoff, infiltration rate, percolation rate, evapotranspiration, seasonal temperatures, prevailing wind condition, time of day or night, type of plant and root structure. Compensation for irrigation system monitoring and inspection shall be considered included in other items of work and no additional compensation will be allowed. 1.6.5 IRRIGATION & DRAINAGE SYSTEM MAINTENANCE Once a year during the month of March, Contractor shall wipe down the equipment in the Irrigation controller cabinet to remove all dust and dirt, clean all electrical connections, install bait traps for control of ants, replace batteries as required, clean and remove intruding soil in valve boxes and replace gravel, as originally specified. All hinges and locks shall be regularly oiled to ensure trouble free operation. All controller enclosures must be painted in approved colors, as needed, to prevent rusting and maintain good appearance. Sprinkler heads shall be kept clear of overgrowth that may obstruct maximum operation. Repairs made to the irrigation system must be made in accordance with the system's original design with products equal to or higher quality than currently provided. Workmanship shall be performed in accordance with industry standards. All leaking or defective piping, valves, or other system components shall be repaired within twenty-four (24) hours of detection. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for greatest potential runoff, which can contribute to erosion. Contractor shall turn off controllers when adequate rainfall is anticipated. In the event of irrigation system failure, manual watering required to keep the plant material in a vigorous, healthy condition is to be provided by Contractor and the irrigation system shall be repaired immediately at no additional cost to the City. At no time shall Contractor utilize a fire hydrant for irrigation purposes. Contractor will keep system in operation by valve or head adjustment to keep all systems operating at manufacturer's recommended operating pressure, This shall be accomplished by valve throttling pressure gaging. The valves should be throttled to prevent sprinkler heads from fogging, allowing droplets for effective watering. The City of Santa Ana may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. City of Santa Ana - RFP 19-048 Landscape Maintenance Services of Water Facilities and Santa Ana Regional Transportation Center 25 All valve boxes, controllers, and backflow devices shall be kept clear of plant growth, Contractor shall be responsible for periodic inspection of surface drains located within the landscaped areas. These drains shall be checked to assure proper functioning. Remove any debris or vegetation that might accumulate at the inlet and prevent proper flow of water. Any erosion damage because of Contractor's failure to keep the surface drains clear shall be repaired at Contractor's expense. Irrigation and drainage system repairs shall be compensated on a time and materials basis as agreed to by the Contractor and the City. 1.7. GENERAL MAINTENANCE AND CLEAN-UP The Contractor shall collect all clippings, trimmings, cuttings, rubbish and debris, and posted signs at all work sites and dispose of same in a lawful manner per contract requirements at the Contractor's expense. All trash and debris shall be removed from all worksites a minimum of one (1) time per week. 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, or prevent plants from being smothered by seasonal leaf drop at least weekly or as directed by City of Santa Ana. After heavy windstorms, the entire contract area shall be cleaned of litter, fallen branches, etc. Contractor shall respond to calls from City of Santa Ana immediately. Contractor shall patrol all areas for trees down, fallen branches, hanging branches, debris, and other potential hazards. The Contractor shall keep sidewalks and all paved areas in the medians and under overpasses swept and cleaned of any debris, weeds, dirt, or soil. Tree wells shall be maintained weed free. 1.8, OTHER REQUIREMENTS 1.8.1 NEW CONSTRUCTION Where new construction or redevelopment may involve a significant part of a work site, the City of Santa Ana may delete a portion of or the entire work site from contractual maintenance during the construction and plant establishment period. 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 agreed upon by the City and the Contractor. 1.8.2 INSPECTION The City of Santa Ana shall weekly and/or as needed/upon request inspect the work area to ensure adequacy of maintenance and that methods of performing the work are in compliance with the contract. However, this shall not be construed to relieve the Contractor's supervisor of the duty to provide continuous inspection of the work area. Contractor shall provide a dedicated supervisor to Santa Ana City of Santa Ana - RFP 19.048 Landscape Maintenance Services of Water Facilities and Santa Ana Regional Transportation Center 26 for this contract. Discrepancies and deficiencies in the work shall be corrected by the Contractor Immediately, The City expects a high level of service and maintenance. 1.8.3 NEW MAINTENANCE AREAS Additional routine maintenance may be added to this contract. Payment for add -on maintenance shall be computed based on specified rates provided by the contractor. 1.8.4 DAMAGE REPAIR All damage incurred by the Contractor's operations shall be repaired or replaced in kind and size at the Contractor's expense. Irrigation repairs shall be completed within twenty-four (24) hours using approved materials. Non -irrigation repairs shall be completed within seven (7) working days and shall be repaired using only pre -approved materials. Contractor shall be responsible for repair -related maintenance such as, but not limited to, watering and fertilizing of replaced plant materials until accepted by the City of Santa Ana, 1.8.5 VANDALISM Contractor shall immediately report damaged landscaping caused by vandalism or vehicle accidents to the City of Santa Ana. 1.8.6 ANNUALS Areas designated for annuals planting shall be rotated on a triannual (three times a year) basis. Appearance of designated areas shall be kept fresh and vigorous at all times. PART II: SCHEDULING OF WORK The Contractor shall accomplish all routine landscape maintenance required under this contract between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. The City of Santa Ana may grant, on an individual basis, permission to perform maintenance at other hours, No maintenance functions that generate excess noise, which would cause annoyance to residents of any area, shall be commenced before 8:00 a.m. No Saturday or Sunday work is to be scheduled without permission from the City of Santa Ana, unless it is an emergency situation. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract. A copy of this schedule shall be provided to the City of Santa Ana prior to the performance of any work required by these specifications, and any changes in scheduling shall be reported in writing to the City of Santa Ana immediately. Routine maintenance Locations shall not be interruptedlnot completed as schedule without prior approval of the City of Santa Ana. The Contractor shall conduct the work at all times in a manner which will not interfere with pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets. All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public, to the Contractor, and where applicable, comply with all safety standards required by CAL -OSHA. In City of Santa Ana - RFP 19-048 Landscape Maintenance Services of Water Facilities and Santa Ana Regional Transportation Center 27 addition, a special notification listing exact starting date for renovation, pruning and other infrequent operations, shall be furnished to the City of Santa Ana at least five (5) working days in advance of performing these operations. 1. LEVEL OF MAINTENANCE All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the contractor and the City. Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date, week or month. Payment will be retained for work not performed until such time as the work is performed to City standards. The Contractor is required to correct deficiencies within the time specified by the City, If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. 2. QUALITY OF WORK AND MATERIAL All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. Both materials and workmanship shall be subject to the approval'of the City of Santa Ana. All materials used shall be approved in advance by the City of Santa Ana. The City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises the option to purchase the materials, the following conditions will apply: ❑ Contractor shall conform to all City practices and procedures. ❑ Contractor shall comply to all safety regulations by City and CAL OSHA. ❑ All City purchases will be for the sole expressed use of and for the City. ❑ The Contractor shall secure, store, inventory, distribute and control all materials entrusted to the Contractor's representatives. All materials and inventories shall be made available to the City upon request. 3. SUPERVISION OF CONTRACT All work shall meet with the approval of the City of Santa Ana. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of City of Santa Ana - RFP 19,048 Landscape Maintenance Services of water Facilities and Santa Ana Reglonal Transportation Center 28 the Contractor and if not corrected, payment to the Contractor will not be made until the condition is corrected in a satisfactory manner as set forth in the specifications. 4. WORKMANSHIP AND SUPERVISION Work shall be performed by competent and experienced workers, The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. All personnel shall be neat in appearance and in uniforms. All personnel shall wear identification badges or patches. Those employees working in or adjacent to traffic lanes shall wear safety vests and follow all necessary safety procedures at the facilities. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days' notice from the City. s. SAFETY REQUIREMENT The contractor shall provide a safety data sheet (SDS) for all chemicals including but not limited to pesticides, herbicides, etc, to the City of Santa Ana prior to utilization. All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The City of Santa Ana reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. All contractor vehicles shall have a "W.A.T.C.H." work area traffic control manual at all times. The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City of Santa Ana. The City can cancel or stop work at any time when the safety of the Contractor, the public, etc. is compromised. The contractor shall assure that each employee or subcontractor under the contractor's supervision is trained in the work practices necessary to safely perform his or herjob. The contractor will assure that each employee or subcontractor under the contractor's supervision is instructed in the known potential hazards related to his or her job. The contractor shall assure that each employee or subcontractor under the contractor's supervision follows safety rules and safe work practices. 6. SCHEDULES 6.1. ANNUAL SCHEDULE ❑ The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract. ❑ The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. City of Santa Ana - RFP 19-048 Landscape Maintenance Services of Water Facilities and Santa Ana Regional Transportation Center 20 6.2. WEEKLY SCHEDULE ❑ Changes to the schedule shall be received by the City of Santa Ana at least twenty- four (24) hours prior to the scheduled time for the work. ❑ Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date, week, or month. The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. Maintenance and litter removal shall be scheduled for all holidays and rainy days, unless otherwise indicated by the City. 6.3. DAILY SCHEDULE ❑ Contractor must utilize City of Santa Ana provided cyber key to check in and out of facilities. ❑ Changes to daily schedule can be made verbally or by email to the City of Santa Ana. 7. PERFORMANCE DURING INCLEMENT WEATHER During periods of storms, Contractor will provide supervisory inspection of the project during regular hours to prevent or minimize possible damage from inclement weather. Contractor shall submit a report identifying any storm damage to the City of Santa Ana attached to a site map identifying location of damage and cost estimate to repair/replace. If remedial work is required beyond the scope of this contract, it shall be considered as extraordinary work. During periods of inclement weather, i,e, rain/wind; Contractor's workforce shall accomplish work not affected by such weather, i.e. litter pick up/spent blossom removal, preventative maintenance, etc. Contractor shall stake and re -tie trees as required. Drains shall be checked and cleaned as necessary. Contractor shall remove all branches and debris resulting from inclement weather. Contractor may be required to perform additional clean-up tasks due to inclement weather. s. MATERIAL The Contractor shall submit a list to the City of Santa Ana of all materials that the Contractor proposes to use in the execution of this work. The list shall include the chemical analysis, recommended usage and any other pertinent data by the manufacturer of material. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all Federal, State, County, and local agency laws, guidelines and requirements. The following shall apply to the material indicated: Fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potassium to keep lawns, trees, shrubs, and other plants in a healthy and vigorous growing condition. City of Santa Ana - RFP 19-049 Landscape Maintenance Services of Water Facilities and Santa Ana Regional Transportation Center 30 • Insecticides, fungicides, herbicides, and rodenticides shall be of the best quality obtainable, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. • Tree stakes, tree ties and guy wires shall be of materials matching those existing in the work site or as specified by the City of Santa Ana. • Replacement trees, shrubs, ground cover, and other plants shall be of a size, condition and variety specified by the City of Santa Ana. • Replacement plant materials may be inspected by the City of Santa Ana prior to planting. • The City of Santa Ana shall determine replacement lawn sod. s. RECYCLING/DISPOSAL All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be recycled through composting or processing for use as mulch. Organic waste cannot be taken to the landfill. The names and addresses of the licensed green -waste composting or processing companies, and haulers, along with the tonnages used and receipts, shall be provided to the City of Santa Ana in a monthly written report and an annual written report. A hundred percent (100%) of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. to the City. At no time is the Contractor permitted to use City durnpsters. io. RECORDS The Contractor shall, within fifteen (15) days of the effective date of an executed agreement, prepare and submit a written annual maintenance calendar to the City of Santa Ana. This maintenance calendar shall clearly indicate all of the landscape maintenance tasks required by this agreement and the months of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the City of Santa Ana for approval prior to the date the changes are to take effect. 71. EMERGENCY SERVICES The Contractor shall provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal workforce is not present in the City of Santa Ana. These Contractor representatives shall respond to said emergency within twenty four (24) hours from receiving notification. 12. UNDERGROUND EXCAVATIONS City of Santa Ana - RFP 19-048 Landscape Maintenance Services of Water Facilities and Santa Ana Reglonal Transportation Center 31 Contractors hall be responsible for locating all underground utility lines to insure the safety of his/her work crew and to protect, in place, existing utility equipment before commencing any excavation. Contractor shall contact the City of Santa Ana and Underground Service Alert (811) 48 hours before commencing any excavation, to locate underground service lines. Maintenance Frequency Schedule FUNCTIOP# Turf Maintenance Mowing Once/Week Edging Once/Week Clipping Removal Once/Week String Trimming Once/Week Fertilize Four 4 times a year Pest and Weed Control Continuous/As needed Visual Inspection Weekl heroical Weed Control Continuous As needed Ground Cover Maintenance l-rim Monthly Fertilize Four 4 times a year Pest and WeeU Control I Continuous/As needed Visual Inspection I Weekly Pre -emergent herbicide I Minimum once a year or as needed Shrub, Vine and Tree Maintenance Trim Shrubs Monthltior sooner if needed Vines Six Puna a ear Trees Continuous/As needed Fertilize Four 4 times a year Visual Inspection I Weekly Pre -emergent herbicide Continuous/as needed Hardsca a Maintenance Weekly Grounds Policing/Litter Removal All Areas Weekly ---End of SCOPE OF WORK Section. --- City of Santa Ana - RFP 1 g-048 Landscape Maintenance Services of Water Facilities and Sunta Ana Regional Transportatlon Center 32 Appendix ATTACHMENT 3; SITE LOCATIONS & MAPS SITE LOCATIONS Site Site Name Address Square Feet Turf Maintenance Ground Cover Shrub, Tree, Vine, Hardscape # (approx) (Grass) Maintenance Mafntenance Maintenance 1 Elevated 14th/Poinsetta, Tank Santa Ana, CA 92701 6,000 X X 2 Cambridge 2736 N Cambridge St. Station Santa Ana, CA 90701 31,300 X X X 3 East Station 1730 S. Santa Fe, Santa Ana, CA 92705 66,300 X X X 4 1 Garthe 2401 N Bristol St, Station Santa Ana, CA 92706 100,800 X X X X 5 727 W Alton Ave, anta Ana, CA 92705 7g g00 X X X 6 9'%SMountainew, 4Stat' Santa Ana, CA 36,100 X X 70373 W Walnut St,6,600nta Ana, CA92701 X X X 811 W 6th St, SantaAna 490 CA 92703 X 9 Well 21 4426 W 1st St, Santa 2 900 Ana, CA 92703 X 10 Well24 1800 W 22nd St, Santa 1,270 X Ana CA 92706 X X 11 Well 29 101 S Flower St, Santa 1 90Q Ana CA 92701 X 12 Well 30 4426 W 1st St, Santa 3,900 X Ana CA 92703 X 13 Well 33 917 W Walnut St, Santa Ana CA 92703 5,200 X X X X 14 Well 31 1815 E Chesnut St, $80 X Santa Ana CA 92701 X X 15 Well 35 1718 N Sydney PI, 7,150 X Santa Ana CA 92706 X X 16 Well 37 2007 W. McFadden 2,550 X Santa Ana CA 92704 X X 17 501 '/n W Memory PRV-1 Lane, Santa Ana CA 3,100 X X X 92706 18 Washington 627 E Washington Ave, 31,000 X Santa Ana CA 92701 X 19 Flower 202 S Plower Ave, 4,700 X Santa Ana CA 92703 X 20 1000 E Santa Ana — SARTC Blvd, Santa Ana, CA 90,000 X X X X 92701 City of Santa Ana - RFP 1 M48 Landscape Maintenance Services of Water Facilities and Santa Ana Regional Transportation Center 35 SITE MAPS Clry of Santa Ana - RFh 19-048 Landscape Maintenance Services of Water Facilitles and Santa Ana Regional Transporlatlon Center 36 N v w w a �z I 0 rvv�al y A.,�\yW� •• r� lz. �• as _ W - - m m N » l d 0 3 _1 J _� JI 1 ..A J J _1 J' J l 1 J _ 1 .• or 3 1 1 x . � _r 9�. •1 Q 0/0, } . I la 3t , 0 N 0 c, h A N w N I ■ -t 11 F I A ON a Aff R N V `/ m CD � o m rn� EXHIBIT B Request for Proposal for Landscape Maintenance Services for Water Facilities and Santa Ana Regional Transportation RFP NO.: 19-048 Submitted By Sway er Corporation 1665 East Del Arno Blvd, Carson, CA 90746 Tel: 323-979-7223 • Fax: 310-764-5069 it Swayzer Corporation 1665 East Del Amo Blvd, Carson, CA 90746 w Phone Number: 323-979.7223 S WAYZER Website. swayland.com Landscaper Email: info@laswayland,com Table of Contents Cover Letter Contract Agreement Statement Firm and ream Experience Understanding the Scope of Services Relevant Experience and References Appendix • Attachment 2 * Fee Proposal Appendix - Attachment 6: Certifications • Non -Collusion Affidavit • Non -Lobbying Certiflostlon • Non -Discrimination Certification 1 2 3 7 10 11 13 if Swayzer Corporation VJW 1665 East ©el Arno Blvd, Carson, CA 90746 WAyzcm Phone Number: 323.979-7223 Lendscepss Email: info@swayland.com RE: Request for Proposal (REP) for landscape Maintenance Services for Water Facilities and Santa Ana Regional Transportation (RFP NC.:19.048) Thank you for the opportunity to conduct business with the City of Santa Ana. We look forward to the btdding process and hope to be a successful bidder. We are pleased to submit our proposal for landscape maintenance services for water facilities and yenta Ana Regional Transportation center, We propose to provide our services of pest control, turf maintenance, ground cover and shrub maintenance, hardscape maintenance, tree care, along with iltter and graffiti removal, We also will provide Irrigation system maintenance, Our approach Is to provide the City of Santa Ana and its residents with professionally maintalned landscapes at the highest Industry standards they can be pleased with. Swayzer Corporation Is family owned and operated with over 41 years of experience in commercial and municipal landscaping, We have demonstrated our capacity to maintain municipalities over the years in cities such as Carson, Burbank, and Lynwood. We are tremendously proud of cur experience and knowledge In maintaining landscapes. Our company currently employs over 100 trained and professional employees that can provide landscape maintenanoe and all related services needed by the City of Santa Ana. We have responsibly analyzed the RFP and addendums, in addition to reviewing all sites, This statement Is signed by an officer of Swayzer Corporation who can make legally binding commitments for this entity. Thank you for your consideration, L11W - Samuoi Swayzer, resident &Founder Swayzer Corporation Swayzer Corporation 1665 East Del Amo Blvd. Carson, CA 90746 Phone Number; 323-979.7223 SWAYZER 'Webslte; sweyland.com �andscopes Email: Int'o@swayland.com Contract Agreement Statement Swnyxer Corporation conours with all provisions contained In the agreement attached as Attachment 2, Standard Agreement In the Appendix of RFP NtJ..19-046, Samue Sloire Y SwW.er Corporation ir Swayzer Corporation 1665 East feel Arno Blvd. Carson, CA 90746 Phone Number: 323-979.7223 WAYZER Landscepw Website, swayland.com Email, info@swayland.eom Swayzer Corporation is a family owned and operated company with 41 years of experience in the landscape Industry, bout UA In 1978, Samuel Swayzer founded our company providing commercial street sweeping, landscaping, and janitorial services. Today, Swayzer Corporation specializes in municipal, commercial, and residential landscaping, in addition to janitorial services. We offer a full range of services Including landscape installation, landscape maintenance, tree trimming, irrigation installation and repair, landscape lighting Installation and repair, landscape pest control, and public works, We have a team of experienced professional landscapers ready to meet your property's needs. We believe every landscape has hidden potential. Our goal Is to maximize your landscape's potential by utilizing current horticultural practices and our decades of experience to achieve solutions. We serve Los Angeles, Orange, Inland Empire, Ventura, and San Bernardino Countries QK lulls or -9 tetQW To provide high quality, affordable, and convenient landscape services to our customers Qlj Ct?r— r e Team Samuel Swayzer -- President and Pounder Regina Swayzer — Vice President i ense California Contractor's License # 1003435 Class C27 Expires 05/31/2021 Pest Control License #42652 Expires 12/31/2019 Services Offered • Landscape Maintenance • Landscape Installation • Landscape Design • Irrigation System Design • Irrigation System Installation • Pest Control • Utter Removal • Graffiti Removal • Tree Pruning • Tree Removal • Emergency Tree Services • Hardscape Maintenance �$e « California Department of Motor Vehicles -- Landscape maintenance - 5 locations « City of Ourbank Department of Water and Power - Landscape maintenance - 44 locations « Exposition Park - Landscape maintenance -160 acres « City of Compton Median and Parkway - Landscape maintenance- medians and parkways City of Compton Gateway Town Center Corridor -- Landscape construction -median and parkway renovation Los Angeles County Agriculture Commissioner - Weed abatement « City of Carson Landscape maintenance- medians, parkways, parks, Civic Center, City Mall Tree trimming - medians n Landscape construction and renovation - medians « City of Lynwood - Vacant, property maintenance • California State University, Fullerton -• Street sweeping • California State University, Dominguez Mill .- Street sweeping « University of California, Los Angeles - Janitorial maintenance • Fleet Pride - Landscape maintenance • Tri-Cap International - Landscape maintenance « Greater Zion Church - Landscape maintenance 4 Swavxer Coroaration Magggament We have a team of professional landscapers ready to meet your property's needs, Our company currently employs over 100 employees and all of our staff members have years of experience and several hold various license and certification for the services we provide. • Samuel 5wayzer-Founder/President - 45 years of experience in landscape installation and maintenance • Regina Swayzer-Vice President - 40 years of experience In finance and contract management • Aleces Morris - Employee Relations Manger - 26 years of experience in human resources • Elijah Swayzer III MGanerel Manager - 15 years of experience in landscape maintenance and construction management Ezekiel Swayzer- Operatlons Manager - 12 years of experience in landscape maintenance operations Qualified Applicator License • Luellen Swayzer- Lead Hortioulturalist and Pest Control Advisor 5 yearns of experience in commercial horticultural and Integrated pest management Post Control Advisor License • Gabriel Ramos - Irrigation Systems Specialist - 20 years of experience in irrigation system management and installation » Manuel Santillan -- Landscape Supervisor - 32 years of experience in landscape maintenance and irrigation systems management • Julio Mon chaca Orozco -Landscape Supervisor 30 years of experience in landscape maintenance and irrigation systems management • Glenn Washington - Landscape Supervisor 10 years of experience in landscape maintenance and irrigation systems management • Beachamp Lokenl - Lead Groundskeeper •- 8 years of experience In landscape maintenance Names and qualifications of kov nersonnel Swayzer Corporation has experienced personnel who make up the management and supervisory staff. The following are the qualifications of our management team for this project. The assigned project managers will be the primary contacts for this project. These people will be responsible for coordinating crews and scheduling equipment. They will also be responsible for site Inspections, quality control, and customer satisfactlon, to t Mm 9.WA Czeklel W. Swayzer — Operations Manager • 12 years of experience in landscape operations • Horticulture Studies at Long Beach City Coilega • Qualified Applicator License • Certified Recycled Water Site Supervisor Luellen lr. Swayzer Lead Horticuituraiist • 5 years of experience In commercial horticulture and landscape operations M.S. in Plant Science, University of Georgia • B.B, in Plant Science, Cat Poly Pomona • DNR Pest Control Advisor License With over 100 employees and continuous recruitment we have a pool of qualified candidates for this project. CaUOEN S SO ARo STATE LICEN ACTIVE LICENSE „1003436 w.CORP m „m, SWAYZFR CORPORATION WA aWAYZFR LANDSCAM .:" e„, 027 ro,t,. w 05/31=21 www,aa)b.aa.pov p FMAN7MHNY C7F N6BTIGiU@ppOUI,ATICN „ /° r 4.16kNSINWJC6iCTIFIQAYTIbN NNUAYCAM . �iiil�y�Yyy//JI QAL k DUAL MI) APPLICATOR OCENSE WCEMS1 M14668f1 EXPIRM 12/3112019 Categories:0 issued: 2/2712016 �AIE MLDE 133EST)ABLV CARSON, 0A,90743 'ItV.UwmxmmiM.Nmun W Ynyup.nphYv, Mar,UNmkrnx CemmlYtlM«vom,YpnnF CALIFORNIA DEPART"MEN C OF PESTICIDE_N R�;C";UILAT'IC)N SACRA W NTO, CALFORN1A 9511 4 1.,SSU1i1); Aupst 17, 2018 Malutemallce Gardoner Pest Coot EXPIRi;Sr DocemLer31,2019 LICENSE C,1C",11NSE NO. 42652 Invalid. if insFlraia¢ wullor qunllflad peraell(a718on before eKpirntion dnty, Melling Addresi 8119410ye Localion S WAYUR LANDSCAPES S WAYZQR LANDSCAPES PO BOX4365 1565.E DEL AMX)DLVD CCARSHN1, CA 90746 CA.RSON, CA 90746 it" PROWNWIrLY IN PUDIX VIEW ANY CHAN012, IN 0 WNBIXSIXIP R%QI d8PANTWNT OF Pasty,. ,. °wLA'ilpN LIC6NeINPIGBIY'MINIpgT1LYN AAdWNAMoJpr pci yn' L r AORICUMAUPBSI COWROl AaVIS5ALltlkna.. LICENSE M 147280 EXPIRES: 1$131mv,ro Categories: SE Issued: 713016 LUCLLCN SWAY CR 1666 E DEL AMO BLVD CAISSON, CA,0745 A"" I,�f�niM1xmnrl,y rhmvnbgnYNpxrMrNYxx vi0n04xotary OnmMrytu�MupMf�W+RR Ao S,Vtr ;jR Proposed Scope of Work $wayzer Corporation will provide landscape services to the specifications provided by the scope of work also in accordance with the highest horticultural standards. Landscape Maintenance All planted areas will be cleaned of dead plant materials, as needed, All hedges, ground cover, and vines will be trimmed as scheduled monthly, also as needed for walkway and road clearance. All ground cover shall be maintained with a 12" clearance between different plant material and kept within its Intended bounds. All shrubs will be pruned within reasonable bounds to prevent encroachment of walkways and signage. Turfgross areas will be mowed and edged weekly, Turf maw height shall be determined by the dominant species present at each location, Prior to mowing, all turf areas will be Inspected for debris. Detaching with a vertical mower and core aeration will be performed once a year to promote vigorous turf growth, Overseeding with perennial ryegrass will be performed to ensure there is green turf year around. Fertilizers will be applied to turfgrass, shrubs, and other plant material no less than four times a year to promote healthy growth, We will remove all litter and debris from each scheduled section daily and compete a general safety Inspection. Weed control will be performed daily in accordance to the schedule to a ensure neat appearance. All landscape debris will be disposed of through a green waste recycling center. . r,QLQ&re At Swayzer Corporation, we perform tree care to the standards of International Arborlst Society (iSA) and American National Standards institute (ANSI). All trees within the scope of work shall be maintained to keep the natural integrity and shape of the tree and promote tree health, All trees within the locations will be monitored for potential hazards, An application of a complete fertilizer will be applied annually. St,U Our staff model for the landscape sites starts with the area supervisor that is responsible for supervising all sites in an assigned area. Following the area supervisor is the on -site supervisor who reports twice a day to their supervisor. 'rho area supervisor reports daily to project and operation managers concerning work completed and any other Issues. All supervisor and managers are required to have a smart phone capable of sending photos, text messages, and emalls. All on -site crew are trained to constantly inspect and police all sites to avoid discrepancies and deficiencies, All staff are required to wear a high visibility work shirts and safety vests with the company's name and logo, Identiflcation badges are only used when required by the site being servioed, rash I and Disoosal All litter and unwanted natural or environmental materials shall be removed from site and disposed according to applicable laws, codes, and requirements. Workors will Inspect each site for safety hazards as they perform their daily task, kddqt g bwa nca Our Irrigation technician will maintain all Irrigation systems automatic controllers and manual systems throughout the city on a weekly scheduled basis. The technician will survey and adjust watering periods to properly Irrigate planters and turf areas. Technicians and all staff will comply with the City of Santa Ana's water conservation requirements, All irrigation plumbing Including main and lateral lines, valves, sprinkler heads, fitting shall be repaired and replaced as needed. All leaks or other malfunctions shall be corrected with In 24 hours. An emergency number shall be provided for any irrigation emergencies that occur. Our Irrigation technician will keep a log of each controller and will compile a monthly report. Irrigation shall be scheduled between hours specified in the RFP, Wit, Control On -site staff will perform weekly surveys of all landscaped areas for pest problems, if a pest problem arises staff wilt notify supervisory staff and our pest control advisor (POA) will make a recommendation, Our PCA will make recommendations using integrated pest management practices in accordance with the Department of Pesticide Regulation and the City of Santa Ana. If necessary, all pesticide applications will be made or supervised by a qualified applicator (OAL), If awarded and prior to start, a detailed work schedule will be submitted to the City of Santa Ana for approval. Changes to the planned schedule will be submitted to the city at least 24 hours prior to work, Wo k a!5 a, Our staff will conduct weekly safety meetings concerning proper procedures for working, Work site safety is strongly enforced by our supervisors and management staff. We provide all staff with required personal protection equipment required by OSHA. All vehicles are supplied with first aids kits for any incidence that may occur. We will Inspect work sites daily for unsafe conditions and take the necessary actions to fix the issue. Traffic Controls Our lead employees will enforce necessary standards and guidelines for traffic controls In accordance with the Manual on Uniform Traffic Control Devices (MUTCD). We will provide a mounted arrow board for all lane closures, if necessary. 8 V* 5,\V4 aulprrielt and Vehicles All equipment and vehicles used for all spas bear the company name, logo, and telephone number. Additional signage requirements will be employed as desired by each site, We perform quarterly maintenance on all vehicles and equipment to ensure they are mechanically and operationally sound, All vehicles have 360-degree operations traffic notification light bare All vehicles will hove a Work Area Traffic Control Handbook (W.AXL.H.) at all times. Client m and ri e penev g tgat on Frequent communication with the Cityof Santa Ana is Important for customer satisfaction. Our supervisory staff will keep an open line of communication with the city's staff on a regular basis. We will provide two primary contacts and an additional point of contact to ensure expeditious responses to any concerns. We also have a 24-hour emergency line which can be called If anything within the scope of work needs Immediate attention. Appendix ATTACHMENT 4: REFERENCES List and describe fully the contracts performed by your firm which demonstrate your abllity to provide the supplies, equipment or services Included in the scope of the proposal specifications. Att od ' 'onai pagg If f re , The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications, RRftreaco t, Y' ntr �j {'y'i Customor Name i ay1 (�{ Contact Individual.' vry4 t� tqc v �!_'"'L�_ Address: 73 t� r�/ �� Ut(z� Let�yy 1; Phone Number: m " bIi 1- z%`) at I61115 Qrod rr �VIt7 U,�1 Facalmlle Number: Contract Amount: r j 1 + _,,, i, _ — Ywnr: I bf st �4 wnowQ Contact Individual: o v, (— 4j pvf rIG,� Phone Number: �I Q3 w0 �k Vn1' 53, Facsimile Number: yosc Description of supplies, equipmon� or services provide( Robre(rce 1�,I Customer Noma: 4� ° tYQM)�4� u�7 Contact i dividual; Ipt� (� Addreset �t� ) " p� i Phone Number: V V " T~� _._ _ _._.-.-._w V�1 �Lll t\' I \) N I ton _ Facsimile N mbbrt Contract Amount: `7�9V r VVi� Year: ��� Dosorlption of supplies, equipment, or oervioes provided: uTMPMCANLc1 b WIrOSAL= PROPOAthfiTH,0AT ..mmT DO NOT CONTAIN T1418 FORM WILL BE CONSIDERED NONRESPONSIVE. Oily of Sonia Ana. kFlo 10-045 f andswpa Mallnonance Sarviom or Water FaclOdaa and Santa Ana rto&nal Transporlallon Censer 57 MAYOR hflguel A. Pekin MAYOR PRO TEM Juan villogas COUNCILMEMLIERS C0110 Iglesias David Ponoloza vlcel'Ile say(Nont6 Jose solodo CITY OF SANTA ANA PUBLIC WORKS ACCNCY 220 5. [)stay Avenue .Santa Ann, CA 92703 wvrw.eanto-aoa.orn 714,547-0320 July 10, 2019 Swayzer Corporation Attn: Samuel Swayzer 1605 East Del Amo Blvd Carson, CA 90746 CITY MANAGER Kristine Ridge CITY ATTORNEY $onto R. Carvaiho ACTING CLCR9 OF THE COUNCIL Norma Milro-Remlror. SUBJECT; Revision to RFP 19�048 Landscape Maintenance Services for Water Facilities and SARTC in ATTACHMENT 1: SCOPE OF SERVICES: SECTION 11, EMERGENCY SERVICES Pursuant to RFP 19-048 Landscape Mainten€ince Services for Water Fscilitles and Santa Ana Regional' Transportation Center Revise Scope of Work under ATTACHMENT 1; Scope of WORK: SECTION 11. Emergency Services to Include: Contractor must be able to respond to City's request for emergency services on a timely manner, The contactor shall be available on an on -call basis, 24/7, and ready to respond in the event of an emergency. Services calls shall be responded within one hour. Contractor's representative must be able to arrive at Job site within 2-4 hours response time for an emergency call out. All other terms and conditions of RFP 19-048 remain unchanged and in full force and effect. Sincerely, Nabil Saba, P.E. Water Resources Manager CONTRACTOR: Swayzer Coporation 1�— Name: Samuel Swayzer ritla: President SANYA ANA CITY COUNCIL IAA"A f-. & Juun VI0y', vicMd J.SORna Al 4dN,P MµU'ProT i Wad Wanll W tlT 4Yup1 Y/myJ fxvvf�l9�es:n waC ftmukJrcrat&w..F;ttZ is1-'n,d -,L:l'J'.Wdr.AAIitYA:¢fi0u, 4._d2 ..aa�,w<R7"+-+�r _:..'dW:.ap_lw.am-gs a 2a�ea u»;xL wt_ol.Y9 EXHIBIT C Appendix 4 ATTACHMENT 2; FEE PROPOSAL Certification -I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals, I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer Item Price — Pricing shall be based on a unit cost for services described in Scope of Services. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage and fuel. Any special materials will be purchased by the Contractor only after discussed and authorized by City Public Works Agency in writing. fee sch d� date. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment and materials. Specify and estimate any other costs associated with the system. Specify costs for the proposed landscaping work at the various facility locations detailed in ATTACHMENT 3: SITE LOCATIONS AND MAPS In Appendix of this RFP. Indicate a monthly and annual price for each bid Item. Total quotation Is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Note: This contract Is subject to prevailing sages. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Swayzer Corporation I,£ggil Pid item y Sitn1 Mn to hlVJF nn 1. Elevated "tank $—.-j65 1e80.00 - -- 2' Cambridge Station $— 290,00 � $ 3,480,00 _.. 3. East Station3,406- 4. J. Garthe Station $ 706.00 — - $ 9.180.00 —5 South Station $ 290 3,A80.Oh West Station f — �Y $ 1a5.00 $ 1,090.00 7. Walnut $ 227.50 mm $ 2,79U.00 S. Well 10 City of Santa Ann � RFP 19-048 Landscape Mainlana nm Servieos of Water Paellitlas and Uinta Ana Regional Transporlallon Center 33 9, Well21 $_ 90.g0 � 1,080,00 10. Well24 22.50 - $_ 2,73a.oa 11, Well29 90.00 1 1,080.00 12. Well 30 165.oa $ 1,9E 0 p0 13, well31 $ ow'ov $-2,730.aa 14. Well 33 3 89040 mm ,0" 80'00 "" M Well $5 $ 22� i _ z,7 16. Wall37 $ 22750 $ 2,730.00� 17. PRV-1 $ azr so g-0-35766 18. Washington $_ 165.00 $ 1,9' 0 b7 " 19, Flower $ 1eh 70"~ $M 19880.00 20. 9ARTC $ 2Q1sao� $?9�980.00 Grand Total $ 85„200,00 Noie: This contract is subjeat to pmalling wages, W C5L6 NUMBER DIR REGISTRATION NUMBER CI[y 1018anta Ana - RFP 19.048 Landsope Maintenanoo SeNCae of Walar FaallitPea and Banta Ana ftgloual Transparletlon Center 34 SWAYZ-1 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDoi WV11 I 0811412C 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 endorsements). PRODUCER 714-283-1999 COACT Certificate Dept Wright, Finnegan & Carter Insurance Associates PHONE 714-283-1999 FAX 714-283-1997 (AFC. No.sxq; (alc, No); s . e Ica c nsurance.cam 23001 La Palma Ave 4100 Yorba Linda, CA 92887 John Carter, CIC INSURERS) AFFORDING COVERAGE NAIC i INSURERA: Ohio Security Insurance Co 24082 INSURED Swayzer's, Inc. Swayzers Corporation INSURER B: American Fire and Casual Co 24066 INSURER C : Swayaer Landscapes P.O. Box 4365 Carson, CA 90749 WSURERD: INSURER E INSURER F : 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. INSR L TYPE OF INSURANCE ADDL IN D 5USA POLICY NUMBER POLICY EFF IMMIDONYYY! POLICY EXP (MWDD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Xpnw BLS56694138 08/08/2019 08/08/2020 EACH OCCURRENCE $ 1,000,000 _ tAGc rpRErIrEL1 M E rrr. 500,000 $ MED EXP (Any one erson $ 15,000 NEW RESIDENTIAL EXCLUSIO PERSONAL & AOV INJURY $ 1,000,OOD AGGRF ATE LIMIT APPLES PER GENERAL AGGREGATE $ 2,000,000 X POLICY PEST LOC PRODUCTS - COMPIOP AGG $ 2,000,0 t OTH A AUTOMOBILE LIABILITY COM INED INGLELIMIT 1,000,000 X BODILY INJURY Perperson) $ ANY AUTO X 13AS56694138 12/01/2018 12101/2019 OWNED SC}{�OULEO AUTOS ONLY AipJ'}f.�{]p5yy BODILY INJURY_JPer accident AUTO ONLY Al1TdS O NLgI aRd AMAGE $ Comp/Coll $ 500 B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS -MADE USA56694138 08/08/2019 08/08/2020 AGGREGATE 4,000,000 DED I X I RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY MCPRILTtj-,APAR1W-RuEXLCUTIVE {}FFICER ry frl�R EXCLUDED? Wide p h114F NIA H- STATUTE F,I. EACH ACCI E L DISEASE - EA EMPLOYEE. $ If yes, describe under 1QESC21PTI-QUOF0PATIONSbeiQw I E E - P Llr'Y LIMIT A 13us Pers Prop BKS56694138 12/01/2018 12/01/2019 Limit 18,215 A JEquip Rent From OTHERS - BKS56694138 12101/2018 12/01/2019 Limit 25,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) 3y Ris ANACIEMFNT DIVISION THE CITY OF SANTA ANA, IT'S OFFICERS, EMPLOYEES, & AGENTS, & REPRESENTATIVES ARE NSUREDITIONAL INSURED & E ENDORSEMENT ATTACHED IMARY TO HEDING POLICY PLIES PER THE BLANKET AS REQUIRED BY WRITTENDITIONAL 212019 CONTRACT.ADDITIONAL INSURED APPLIES TO AUTO LIABILITY. 30 DAY WRITTEN NOTICE OF CANCELLATION WILL BE PROVIDED TO THE CERTIFICATE HOLDER IN THE EVENT OF KAJ '�AMAkhA M. LAMBERT CITY OF SANTA ANA RISK MANAGEMENT DIVISION, 4TH FLOOR 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HOLDER CODE NOTEPAD: NSURED'S NAME Swayzer's, Inc. POLICY CANCELLATION. SWAYZ-1 PAGE 2 OP ID: LC Date 0811412019 R . POLICY NUMBER: BLS56694138 COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 ^ KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 8 © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Pf 8 191 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. " G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 f 8 / b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. 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 insur- ance 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. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (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. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance r CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4/ 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) 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 "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "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 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. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these 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 on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. 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 Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form " or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. Azf 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 o //�/ f advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is ° effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. �2f �i Page 8 o 8 POLICY NUMBER: BAS56694138 COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT ACCIDENTAL AIRBAG DEPLOYMENT AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS AMENDED FELLOW EMPLOYEE EXCLUSION AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE BROAD FORM INSURED BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (including employee hired auto) EXTENDED CANCELLATION CONDITION EXTRA EXPENSE -BROADENED COVERAGE GLASS REPAIR -WAIVER OF DEDUCTIBLE HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) HIRED AUTO COVERAGE TERRITORY LOAN / LEASE GAP PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) PERSONAL EFFECTS COVERAGE PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE RENTAL REIMBURSEMENT SUPPLEMENTARY PAYMENTS TOWING AND LABOR TWO OR MORE DEDUCTIBLES UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US SECTION II - LIABILITY COVERAGE is amended as follows: PROVISION NUMBER 3 12 19 5 13 1 22 2 23 10 15 6 20 14 16 11 8 9 4 7 17 18 20 SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7�� (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance --,-- provided by this endorsement is excess over any other insurance available to the "employee". a 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. N SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 2 7. 8. b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto'; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", L Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V - DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page o 15. GLASS REPAIR- WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to 'loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any 'loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. ° However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or 'loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Y _ Page 7 of 7 8 POLICY NUMBER: BLS56694138 CU 64 95 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS 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 any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. This endorsement does not change any other provisions of the policy. C U 64 95 12 07 ACC>R J0 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 08/13/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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: Pk p .> a0; Lx Automatic Data Processing Insurance Agency, Inc. E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # 1 Adp Boulevard Roseland NJ 07068 INSURER A: NorGUARD Insurance Company 31470 INSURED INSURER B : INSURER C : SWAYZER CORPORATION INSURER D : 1665 E DEL AMO BLVD INSURER E: INSURERF: Carson CA 90746 COVERAGES CERTIFICATE NUMBER: 1236621 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 SD SCf WVO POLICY NUMBER MMIpDlYYYY WD POLICY lAtNt]D1 Y LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ PA�TA�TQ CLAIMS -MADE u OCCUR PREMISES (Ea occurrence)- $ $ MED EXP (Any one person) $ PERSONAL & ADV INJURY AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ I'L POLICY PROJECT i.00 PRODUCTS -COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY Ea ax)denl $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PRROPERTYDAM E Peraccidenl, $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLYL $ UMBRELLA LIAB . OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A W COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCLUDED9 N (Mandatory in NH) N/A N SWWC005325 05/16/2019 05/16/2020 SPURT ERORKERS -TA E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,I)OD DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) REV ED & APPROVED y R15 NNACEMENT DIVISION T* 212019 GtK I Ir'IL A I t MULUtK '%— Jx■ A K rri r • ■ ■ I ■ ■ ■"r�r I.ANI;tLLA I IUN CITY OF SANTA ANA Attn: RISK MANAGEMENT DIVISION, 4th Floor 20 CIVIC CENTER PLAZA 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. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD