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VISTA DEL VERDE LANDSCAPE 1 - 2006
AGREEMENT TERMINATION City of Santa Ana Please complete this form when the attached agreement is no longer in effect. AU3 ® 2 2021 Clerk of the Council Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 if you have any questions. The agreement with A c�CJ Y No(p' was completed on and final payment has been made. A' —3M9' n lS Department: Paelw i' %a p� DD (P— (),— � A-a6J©-aLs Revised 8-7-03 Signature: 1ES� CCd.yP-yCLO Date: % aq )�-, City of Santa Ana Clerk of the Council INSURANCE ON FILE A-2006-020 WORK MAY PROCEED UNTIL INSURANCE EXPIRES 7 - f -Oro CLERK OF COUNCIL DATE: 5-a -O (p LANDSCAPE AND MAINTENANCE AGREEMENT 6, peCS f�) THIS AGREEMENT, made and entered into this 64"_ day of�, �e T% 2006 by Vista Del Verde Landscape, Inc. dba Bevill Landscape Management (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of landscape maintenance comparable with "high-level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional "high-level' contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in the Ground/Landscape Maintenance Contract Special Provisions (Exhibit "A" hereto) and all attachments thereto, as well as well as the Bevill Landscape Proposal of Services (Exhibit `B" hereto) attached to this Agreement. hi the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail followed by the provisions of Exhibit A followed by the provisions of Exhibit B. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement, shall not exceed the annual amount of $ 176,836.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City or as otherwise provided in Exhibit A. 3. TERM This Agreement shall commence on the date first written above and terminate on February 29, 2008 unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for up to three (3) additional 1-year terms in an annual amount not to exceed $176,836. Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 5. 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, agents, volunteers, and employees 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. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. 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 provisions of Section 3300 of the Labor Code, Contractor 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 Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 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. 6. INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates in any way to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the terns of or effects arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages 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, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Contractor receives from the City information which, due to the nature of such information, is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor, disclosed in a publicly available source; (c) is in rightful possession of the Contractor 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. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and, Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Bevill Landscape Management Attn: Robert S. Johnson 33011-B Calle Aviador San Juan Capistrano, California 92675 telefacsimile (949) 661-4977 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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 telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor 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. 11. 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. 12. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Contractor upon ninety (90) days written notice. In the event of termination by the City, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. c. Material Breach: If the Director determines the Contractor has failed in the performance of the duties and/or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, or 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability may, at the City's discretion, be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns 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. CITY OF SANTA ANA: ATTEST: DAVID VNRZE6'At-M � PATRICIA E. HE, LY City Manager Clerk of the Council CONTRACTOR: Vista Del Verde Landscape, Inc. dba Bevill Landscape Management Y N E) �tlSUw TITLE) ys� Employer ID # or Individual SS # xt>J=#d4-16�.z36J RECOMMENDED Gerardo Moue Executive Dire for of the APPROVAL: Parks Recreation and Community Services Agency APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: oseph Straka Assistant City Attorney EXHIBIT A GROUNDS/LANDSCAPE MAINTENANCE CONTRACT SPECIAL PROVISIONS 1. GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. city The Executive Director of Parks Recreation and Community Services ("Director") or his Designee shall accept/reject materials and workmanship, and may make minor changes to the scope of work and specifications as set forth herein which do not involve extra cost to the Contractor. 2. Contractor a) 24-Hour Contact Number The Contractor shall provide the Director with a telephone number at which a contact person for the Contractor may be reached 24 hours a day. The contact person shall be required to respond back to the Director or his representative within 1 hour. The contact person shall have the appropriate knowledge and/or authority to take appropriate action in response to any emergency situation that may arise involving the contractor's responsibilities hereunder. b) Submittals Prior to performing the services as provided herein, Contractor shall submit to the Director for approval: 1) a detailed annual, monthly and weekly work schedule; 2) names and titles of all persons working on the project; and, 3) lists of equipment, materials and/or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as available. The Director shall be immediately notified of any changes to the above information. c) Uniforms and Vehicle Identification The Contractor shall provide to all of its field personnel a standard uniform including, but not limited to, uniform company hats, collared work shirts, pants, and ANSI approved safety shoes. All uniforms will be marked with some form of company logo or other form of identification. All vehicles and equipment on the project site shall be in an operable and working condition, with a clean appearance without visible damage, dirt, graffiti etc. In addition, all vehicles shall have the company's name clearly identified on the right and left side doors. B. SAFETY REQUIREMENTS All work performed under this contract shall be completed per federal, state and local laws and worker safety regulations. In the event that the Contractor's work force is observed by City staff working unsafely the Director may, at his discretion, require the Contractor to stop performing until such time as the unsafe working condition is remedied and pay all costs and or damages resulting from the delay. C. SAFETY NOTIFICATION If Contractor identifies a condition which exists on City property that may be unsafe (unsafe shall mean a condition of park property that has the potential to cause physical harm to a person or persons or damage to a person's personal property) the Contractor shall: Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and A -frame barricades or equal substitute around the condition; 2. Notify the Director of the condition immediately, first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern if possible. Once the Contractor has notified the City and the public of the unsafe condition, as specified above, Contractor shall have no further responsibility to remedy the condition unless the unsafe condition was caused by the Contractor. If the unsafe condition was caused by the Contractor, Contractor should take all steps necessary to protect the public from possible harm or damage from the condition. D. UNDERGROUND ALERT SYSTEMS Underground Alert Systems (telephone number 1-8004224133) shall be notified by Contractor 48- hours in advance of any relevant excavation work by Contractor. E. PROPERTY DAMAGE Any damage to private property (real property or personal property) caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this Agreement. F. ACCESS TO PRIVATE PROPERTY Prior to any work involving access to or upon private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or the private property owner. G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Any such property that is removed or damaged, other than property pre -approved for removal, shall be replaced or repaired at Contractor's expense. H. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets. In situations where it is necessary to restrict traffic flow, the Contractor will contact the appropriate City department and obtain all necessary permits and/or consent from the responsible public agency. MONTHLY REPORTS Within the first 10 days of each month the Contractor shall submit a report to the Director detailing the following items from the preceding month: 1) A pesticide use report as required by the Agricultural Commissioner's Office; 2) An irrigation system failure report listing, by site, system failures and the method used or proposed to correct the system's failures; and, 3) A recycling report, with photocopied or attached receipts, evidencing the amount of green waste recycled by Contractor in performing under this Agreement. J. WATER COST City will pay for water used by Contractor pursuant to this agreement up to a specified amount as detailed in a monthly Estimated Applied Water (EAW) report. Should the amount of water applied exceed the monthly EAW then the Contractor shall pay the cost of the excess water. 2. GROUNDS/LANDSCAPE MAINTENANCE SPECIFICATIONS A. SCOPE OF WORK The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals and all other items and services needed to perform as set forth in this Agreement, including all Exhibits. The Contractor shall provide all grounds/landscape maintenance at the Park locations listed in Attachment 1, including, but not limited to pruning/trimming, shaping and training of trees, shrubs, and ground cover plants, 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; ball diamond maintenance; tot -lot maintenance; and, all other maintenance required to maintain the Park locations in a safe, attractive and useable condition. The Contractor shall maintain all plant material in a condition of horticulturally accepted standards for growth, color, and appearance as determined by the Director. 1. Scheduling of Work a) The Contractor shall provide landscape maintenance between the hours of 6:00 a.m. and 6:00 p.m. only, Monday through Sunday. These hours of operation may be modified only with the Director's consent. Landscape maintenance that generates excess noise cannot begin before 8:00 a.m. b) 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 Director upon execution of this Agreement. Any changes in the schedule shall be reported in writing to the Director. c) The Contractor shall establish a schedule of renovations, pruning/trimming and other infrequent operations. A copy of this schedule shall be provided to the Director upon execution of this Agreement. Any changes in the schedule shall be reported in writing to the Director. 2. Work Force a) Contractor's supervisory personnel ("Supervisors") shall have at least five years experience in Ornamental Horticulture, Landscape Architecture, Irrigation Technology or a related field. Supervisors shall also possess landscape/grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and/or practices. Supervisors may be required to accompany the Director on weekly inspection tours of the contract Park sites. b) The Contractor shall provide Irrigation Specialists who possess, at a minimum, a Certificate in "Landscape Irrigation" equivalent to the specifications for the Fullerton College Certificate of Proficiency in Landscape Irrigation as specified in Attachment 4, hereto, to perform all irrigation checks and to provide direct supervision of repairs and/or, modifications to the irrigation system. c) The Contractor shall insure that all staff has a minimum of two years of landscape maintenance experience. d) The Director may request that the Contractor perform additional work or services to meet the performance standards required by this Agreement. 3. Material Safety Data Sheets a) The Contractor shall submit to the Director a list of all materials and/or chemicals that will or may be used by Contractor in performing the terms of this Agreement. The list shall include Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturers data that may be pertinent The list must be submitted before any materials/chemicals are used pursuant to the this Agreement. b) The materials and chemicals described herein shall comply with the following standards: (1) All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition. (2) All pesticides, including but not limited to, insecticides, fungicides, herbicides, and rodenticides, shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. (3) Tree stakes, tree ties and guy wires shall be of materials matching those already existing at the Park work site or as agreed to by the Director upon inquiry by Contractor if no such apparatus is currently present at the Park or if in Contractor's judgment an alternative material should be used. 4. Recycling All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code ("SAMC") Chapter 16. Except for turf clippings, organic waste cannot be taken to a landfill. Every month the Contractor shall submit a written report, including receipts from licensed compositors/green waste recycling facilities, to the Director listing the quantities of organic waste recycled under this Agreement and the names and addresses of the composting or processing companies used. B. ROUTINE MAINTENANCE Routine maintenance shall include, but not be limited to, the following services performed at the Park Sites listed in Attachment 1, hereto. Turf Care a) Mowing (1) All turf under this Agreement shall be considered "priority turf'. (2) All priority turf shall be mowed once a week. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. The Director may require Contractor to mow the sport/priority turf areas lower than other turf areas to improve aesthetics and/or the playability of the field. Such sport areas would include baseball and softball diamond infields and outfields and soccer and football fields. (3) The Contractor shall maintain mowers so that they to provide a smooth even cut without ridges or depressions and without tearing of the leaf blades (caused by unsharpened mower blades). (4) All turf shall be cut to a height as determined by the Director. b) Edging and Detailing All edging shall be performed with the use of a McClain's edger or a like edger approved by the Director. Contractor shall edge all turf adjacent to all improved surfaces and, where no improved surface exists, turf edges shall be maintained with string trimmers. Edging/detailing shall be performed at the same time mowing occurs. Chemical detailing of turf may occur with the Director's approval. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. c) Fertilization/Soil Amending Contractor shall have the soil in the turf areas tested once per year in January by a soil - testing laboratory approved by the Director. One soil sample shall be taken at each site and for every acre of turf. The test will be comprehensive and provide a written report on the condition of the soil as well as recommendations on how to improve the soil, soil fertility, and overall health of the turf. After review of the soil reports, the Director may ask the Contractor to submit proposal(s) to perform soil improvement work at an extra cost to the City. d) Irrigation (1) Turf areas shall be watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas show a lack of green color or a loss of resilience due to lack of water. If Contractor estimates that additional water above and beyond the monthly Maximum Applied Water Allowance (MAWA) may be needed, he/she shall request approval from the Park Services Utility Coordinator prior to exceeding the monthly irrigation budget as detailed in the monthly Maximum Applied Water Allowance (MAWA) report. (2) When an irrigation system does not adequately provide water to the turf area in which it is installed, due to reasons including, but not limited to, controller failure, valve failure, poor coverage, etc., the Contractor shall provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate turf areas. (3) Should the Contractor not respond to signs of turf stress in a timely manner, the Director may dispatch his own staff to remedy the stress and deduct the cost of said efforts from the monthly invoice submitted by Contractor. (4) Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed not to exceed the MAWA. In the event that Contractor's water consumption exceeds the MAWA City may deduct said overages from the Contractor's monthly invoice. e) Weed Control (1) Contractor shall apply approved pre -emergent herbicides to all turf areas in order to control the germination of noxious weeds such as Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc. (2) Should turf type or broadleaf weeds germinate, the Contractor shall control the weeds immediately upon recognition by way of selective and/or broad-spectrum post emergent herbicides approved by the Director. Replanting The Contractor shall be responsible for the complete removal and replacement of any and all turf lost due to the Contractor's failure to perform under this agreement. The Contractor shall resod and replant turf showing symptoms of severe stress or which expires for any reason during the course of this agreement. The Contractor shall re-establish any turf areas not exhibiting lush healthy growth with Agronotech Ball Diamond Mix 3-A at no extra cost to the City. 2. Ground Cover Care a) Edging and Detailing (1) Ground cover beds shall be maintained within their intended bounds and edged and/or detailed a minimum of every month to keep the beds looking manicured at all times. (2) Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall be cleaned following each edging/detailing, including streets. b) Cultivation All visible bare soil areas shall be cultivated with "3 Prong Cultivators" every two weeks. In lieu of cultivation the Contractor may elect to mulch and plant bare soil areas with plant material approved by the Director. 3. Shrub Care a) Pruning/trimming All shrubs growing in the work areas shall be pruned such that to the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets and view of signs or in any manner deemed objectionable by the Director. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning/trimming shall be done in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on some shrubs, as designated by the Director. Shear hedging or severe pruning/trimming of plants, unless authorized by the Director, is not permitted. Should the Contractor shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible to replace those plants with like kind and size as subject to approval by the Director. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. b) Irrigation All shrubs shall be properly irrigated to maintain a healthy condition. c) Replanting The contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. Tree Care a) Height/Quality of Pruning The Contractor shall routinely maintain all trees up to a height of fifteen (15) feet. All trees within the scope of work shall be maintained to keep the natural integrity and shape of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is Class I pruned as set forth in the City of Santa Ana Tree Pruning/Trimming and Stump Removal Specifications attached hereto as Attachment 2. In addition, the Director may require Contractor to remove, or prevent encroachment of, trees into the public right of way when the tree blocks vision necessary for safety or is otherwise considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning/trimming, training, and/or shaping to develop caliper and a strong structural framework may have low branching laterals and or appropriate sucker growth. b) Staking, Typing and Guying All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director. Rubber hoses and wire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. c) Irrigation All trees shall be properly irrigated to maintain a healthy condition. d) General Requirements In the event the Contractor detects any tree displaying heaving roots or girdling (either by roots or a foreign material), or is leaning, or has broken or hanging limbs, or if Contractor determines that a potential safety hazard may exist, Contractor shall notify the Director of such condition by phone within twenty-four (24) hours. e) Failure to Perform The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes, but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning/trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. Contractor shall have all trees that exhibit signs of disease or any other signs of distress inspected by a Certified Arborist. Should the Certified Arborist determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the Certified Arborist determine that the tree's unhealthy condition or death was caused by Contractor then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or to replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. 5. Annual Color All areas having existing annual color shall be maintained and rotated four (4) times per year as detailed in the Annual Color Planting and Maintenance Specification, Attachment 3 hereto. 6. Weeds, Disease and Pest Control a) Weed Control All landscape and hardscape areas shall be kept free of weeds at all times. Weeds shall be removed by hand and/or approved mechanical or chemical methods. Director may dispatch City staff at Contractor's expense to remove weeds that reach two (2) inches or greater and have not removed within one (1) week of the Director's request to Contractor for removal. b) Disease and Pest Control (1) The Contractor shall inspect on a weekly basis all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of disease, insect or rodent infestation. If any disease, insect or rodent infestation is discovered, and upon notification to the Director, Contractor shall take appropriate control measures to resolve the problem. (2) If any plant material (turf, groundcover, shrubs, trees etc.) dies without the Contractor's Horticulturist and/or Arborist, as appropriate, diagnosing the plant and implementing efforts to save the plant, the City will assume the Contractor caused the plant's death. Contractor will be required to replace the plant with like species and size at no extra cost to the City. Irrigation System Maintenance a) General Responsibilities (1) Contractor shall use automatic or mechanical irrigation systems to water the areas specified in this Agreement. In the event the existing irrigation system fails to provide full and proper coverage, Contractor shall provide alternate irrigation with full and proper coverage to all areas in the work site at no extra cost to the City. (2) Newly planted trees, shrubs, ground cover and turf shall receive adequate water to promote normal healthy growth. Proper berms or basins shall be maintained during the establishment period. b) Operation of Automatic Irrigation Controllers Where the operation of automatic irrigation controllers is required, the Contractor shall: (1) Not duplicate any coded City key furnished by the Parks, Recreation & Community Services Agency to Contractor for access and operation of the controller. (2) Surrender all keys furnished to the Contractor by the Parks, Recreation & Community Services Agency at the end of the contract period, or at any time deemed necessary by the Director to prevent loss to the City of Santa Ana. (3) Protect the security of City property by keeping controller cabinets and building doors locked at all times. (4) Refrain from using locked premises for storage of materials, supplies or tools, except as approved by the Executive Director. (5) Program normal irrigation to occur between the hours of 10:00 p.m. and 4:00 a.m. c) Water Conservation The contractor shall turn off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of the MAWA. d) Inspection and Reporting (1) The Contractor shall physically inspect the operation of all irrigation systems once a month. The Contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capability. Contractor shall ensure that excessive over spray/runoff into street right-of-ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or which is malfunctioning due to attrition, vandalism, etc. (2) Contractor shall perform a visual inspection of all irrigated areas at least once per week. 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 additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. (3) Contractor shall submit an irrigation report to the Director every month. The report shall be of the format required by the Director and shall include, but not be limited to, all system controller locations, the type of controller at each location, the number of stations at each location and the run times for each station. This report is in addition to the monthly report on irrigation system failures as required in section 1(1), above. e) Re airs The Contractor shall be responsible for repairs to all irrigation heads, swing joints and lateral lines as a part of this Agreement. The Director will be responsible for repairs to the irrigation system from the valve to the water meter. When a portion of an irrigation system, meter to valve, fails to properly operate, the Contractor shall notify the Director immediately upon Contractor's discovery of the system's failure. Contractor shall provide supplemental irrigation to the landscape areas affected by the irrigation system failure to assure that plant material in the affected area will continue to thrive. The Director shall, within four (4) days of receiving the above notice from the Contractor, initiate repairs to the system. Within this four day period the Director, at his/her discretion, may decide to request from Contractor proposals to repair the irrigation system, have in-house staff make the repairs, and/or request another business entity to submit bids for the repair work. 8. Hardscape Maintenance a) All paved areas, including but not limited to paved parking lots, pool decks, stamped or other enriched hard surface areas, shall be cleaned at least once a week between Monday and Friday. Vacuums, blowers, sweepers or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. The City must approve any equipment that is to be used for cleaning hardscape. b) Picnic facilities and park benches, including but not limited to picnic tables, barbecues, benches, concrete pads and shelters, shall be maintained in a safe and clean condition. (1) All picnic amenities (picnic tables, barbecues, picnic shelters, concrete picnic pads, etc.) and park benches shall be cleaned every day Monday through Friday to assure that all trash, debris, glass, staples, nails, tape, wire, etc. is removed. (2) All concrete areas beneath picnic amenities, park bench areas, patio areas, adjacent building entrances shall be hosed down once a month using a garden hose and high pressure nozzle. (3) All barbecues shall have ashes, charcoal and any other such materials removed at least once a week. c) All park facilities with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the Contractor, the flag not be in good condition (faded, discolored, torn and/or having holes) Contractor shall immediately request from the Director a new flag. Contractor shall raise the new flag immediately upon receipt from the Director. d) Drinking fountains shall be clean, polished, sanitized and unplugged every day Monday through Friday. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean, polished and free of any stains or mineral build up. 9. Playground/Tot-Lot Areas (If Applicable To Contract Park a) The Contractor shall provide maintenance of all playground/tot-lot sand and rubberized areas once each week. Maintenance shall include, but is not limited to, loosening of compacted areas, re -grading sand areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand to assure that debris and any other foreign objects are removed, and removal of weeds and trash and other undesirable material. Rubberized fall areas shall be cleaned of sand and debris. Any sand that accumulates on the rubberized surface shall be reused. b) The City shall be responsible for all playground equipment and tot -lot area safety inspections. 10. Ball Diamond Maintenance (If Applicable To Contract Parks) The Contractor shall provide the ball diamond facilities as identified in Attachment 5, hereto, with the scheduled maintenance as set forth in Attachment 5. IT IS THE INTENT OF THIS AGREEMENT THAT THE MAINTAINANCE OF THESE FACILITIES ENHANCES PLAYER SAFETY AND QUALITY OF PLAY. a) Baseball Field Maintenance Ball diamond facility maintenance shall include, but is not limited to, trash and debris (especially sunflower seeds) removal from fields, grandstands, dugouts, around concession stands, etc.; graffiti eradication/over painting of bleachers, backboards, fencing, signs, etc.; and the hosing down of stains and spills in paved areas, etc. b) Daily infield maintenance shall include the following: (1) Hand level by use of a landscapers leveling rake infield areas where the brickdust has been displaced by players and/or in normal build up areas. Areas to be leveled daily are home plate, pitchers mound, all three base areas, shortstop and second base areas, skin lines (area where the brickdust meets the sport turf) and areas on the perimeter where the brickdust meets the backstop or fencing bottom railing. (2) Hand compact with an asphalt tamper (or other approved tool) areas such as the batter's box area and the pitchers mound. Contractor shall utilize a hand watering can and extra clay to sufficiently compact these areas. (3) Eliminate build up along the skin lines by brooming, blowing or high pressure hosing any build up of brickdust into the infield. (4) Infield maintenance shall include watering followed by nail dragging, followed by metal mat dragging. The Contractor shall develop a pattern (this refers to the actual pattern of dragging an infield by using a drag mat) of dragging the infields that levels the field and prevents high or low areas in the infield. Contractor will take care not to drag close to the skin line and the backstop/fence lines. (5) Hand drag or broom the skin lines and perimeter backstop/fence areas. (6) Finish by watering down infield. c) Daily outfield maintenance shall include: (1) Irrigation checks and repairs to assure that irrigation heads are at the proper grade and no "slippery" areas exist. (2) Fill in of divots and depressions with #20 white silica sand mixed with Lesco Eagle Blend perennial rye grass seed to re-establish the areas. d) Weekly Maintenance The Contractor shall provide ball diamond maintenance as set forth in Attachment 5. At least once per week the Contractor shall make sure the arc line is correct pursuant to the standard set forth by Director. Contractor will then edge the skin line to achieve a smooth crisp arc where the brickdust meets the sport turf. Fence lines and warning track shall also be edged, using a McClain's edger or approved equal, to create crisp straight lines. e) Non -recurring maintenance: During inclement weather the Contractor shall work to reopen baseball fields as soon as practicable. The Contractor shall use Diamond Dry or an approved equal material to dry the infields. In addition, the Contractor may elect to use hand pumps or any other reasonable method necessary to reopen the fields. 11. Soccer /Football Field Maintenance (If Applicable to Contract Parks) a) All soccer/football fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall backfill any divots and depressions with #20 white silica sand and Lesco "Eagle Blend" perennial rye grass. All debris shall be removed from the fields daily upon discovery. b) Dan Young Soccer Complex Field #4 Synthetic Turf sport turf maintenance and inspection. The field shall be maintained once a month. Maintenance will include "grooming" the field using "grooming" equipment provided by the City. The field shall be inspected every day Monday through Friday. Contractor shall remove debris from the field upon discovery. 12. Sport Court Maintenance (If Applicable to Contract Parks All sport courts shall receive maintenance once per week. This maintenance shall include the collection of debris, the blowing off of courts and the replacement of nets (tennis and basketball) when necessary due to wear, tear, theft etc. The City shall furnish the replacement nets. 13. General Maintenance and Clean-up For All Facilities a) All trash and debris on the ground or in trash receptacles shall be removed from all worksites each day Monday through Sunday before 1:OOPM. b) 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. c) After heavy windstorms all park areas shall be cleaned of litter, fallen branches, etc., which are in excess of normal amounts. d) The Contractor shall keep sidewalks and paved areas in the medians swept and cleaned of any debris, weeds, dirt or soil at all times. e) Drain inlets shall be cleaned on a regular basis at least once per day to avoid flooding of areas during inclement weather. 14. Other Requirements a) Replacement of Plant Material The Contractor shall replace, at Contractor's own expense, any turf, ground cover, shrubs, or other plant material requiring replacement through normal attrition or due to infestation or contractor's failure to provide maintenance in accordance with the provisions of this agreement. These requirements are not to be construed as requiring the Contractor to replace plant materials due to conditions beyond the Contractor's control but are to be considered strictly as a normal maintenance condition within accepted industry practice. IT IS THE INTENTION OF THE CITY TO REQUIRE HIGH- LEVEL LANDSCAPE MAINTENANCE. b) New Construction In the event of new construction within a portion of a work site, the Director may delete a portion of or the entire work site from contractual maintenance during the construction 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 between the City and the Contractor in writing. 15. Special Maintenance Considerations a) McFadden Technology Center & Newhope Libraries (1) Parking lots, entrance to buildings and City sidewalks immediately in front of the property and all other hardscape surfaces shall be cleaned free of debris and hosed down with a garden hose and high-pressure nozzle daily. (2) Trash enclosures shall be cleaned and hosed down with a garden hose and high-pressure nozzle one time per week. (3) Vines shall be trimmed at a height to be determined by the Director to prevent graffiti. b) P.E. Bike Trail (1) Contractor shall plant 1-gallon Parthenocissus tricuspidata (Boston Ivy) vines a long walls/fences at 30' on center the entire bike trail between Chestnut and Warner Ave. The Contractor agrees to establish these vines after planting and shall replace any vine that expires during the course of this agreement at no extra cost to the City. (2) Warner Ave. to Occidental — The unimproved land immediately adjacent (east) of the improved bike trail is a part of this agreement. The Contractor shall maintain all plant material and keep unimproved areas free of weeds, trash and debris. c) Alton To Bristol Bike Trail (1) This bike trail has an unimproved portion of property from Flower St. running west along the bike trail. This property shall be maintained free of weeds, trash and debris. d) Regional Transportation Center (1) Annual Color shall be planted four (4) times annually per Attachment 3 in areas designated by the Director. (2) All planting areas shall have cigarette butts removed daily. (3) All exterior trash receptacles shall be cleaned with a germicidal cleanser daily. e) Logan Park Basketball nets shall be replaced immediately by Contractor when tom. Courts shall be hosed down once per week with a garden hose and high-pressure nozzle. 3. EXTRA WORK A. Damage occurring to plant material, or damage or malfunction occurring to irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, caused by any of the following may be considered outside the scope of this Agreement: (1) Acts of God (2) Civic Disorder (3) Vehicle Collision (4) Vandals (5) Excavation or re -surfacing of the street (6) Power failures (7) Underground wiring damage Should one of the above causes be shown to have caused the damage Contractor will not be responsible for replacement. Contractor must demonstrate to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement ATTACHMENT ROUTINE MAINTENANCE LOCATIONS —18 PARKS Site Location Cost/Mo. Cost/Yr. Deviations 1 Alton Bristol Bike Trail Between Flower St. and Bristol Along Alton (See Attach. 1-A for add. details 2 Alton / Maple Bike Trail Between Flower St. and Maple Along Alton 3 Bear St. Bike Trail Between Segerstrom and MacArthur along Bear St. 4 Central To Adams Bike Between Central and Adams Trail Along Maple St. 5 Col. Wm. Eldridge Park 2933 N. Fallbrook Dr. 6 Flower St. Bike Trail Between Warner Ave. and Segerstrom along Flower St. 7 French Park 901 N. French St. 8 Greenville Bike Trail Between Warner Ave. and Segerstrom along Greenville 9 Logan Park 1009 N. Custer St. 10Orange St. To Flower St. Between Orange St. and Flower St. Bike Trail Along Pacific Electric Railroad EasementfTracks 11 McFadden Technology 2627 W. McFadden Ave. Center 12Newhope Library 122 N. Newhope 13 P.E. Bike Trail Between Chestnut St. and Warner Ave. along Rouselle/ Maple St. (See Attach. 1-A for add. details 14 Raitt St. Bike Trail Between Segerstrom and Alton Along Raitt St. 15 Sandpointe Park Paseos 3 Greenbelts adjacent Sandpointe Park, 3700 S. Birch 16 Santiago Park Bike Trail Between Santiago Park, 2535 N. Main and Memory Lane (See Attach. 1-A for add. details Site Location Cost/Mo. CosWn. Deviations 17 Sarah Mae Downey Herb Garden 2405 N. Flower St. 18Segerstrom Triangle 1101 W. Segerstrom Ave 19St. Gertrude/St. Andrew Bike Trail Xing Imbetween Forest and Rene Adjacent Flood Control Channel 20 Regional Transportation Center (Train Station) 1000 E. Santa Ana Blvd. 21 Warner to Central Bike Trail Between Warner Ave. and Central St. adjacent Monroe Elem. School TOTAL$ $ OPTIONAL ADD -ON PARK LOCATIONS — 3 PARKS Site Location Cost/Mo. Cost/Yr. Deviations 1 McFadden Triangle Park Northwest Property Inter - Section of Santa Ana River & McFadden Ave. 2 Park & Recreation Headquarters 888 W. Santa Ana Blvd. 3 Patricia Lane Park (See Attachment 1-B for details) 4 Total 3 add -on park facilities $ $ 5 6 SPECIALIZED SERVICES A. Labor Hourly Wage 1 Landscape Lead Worker $ 2 Landscape Maintenance Worker $ 3 Lead Tree Trimmer $ Tree Trimmer $ 5 Irrigation Specialist (as specified) $ 6 Irrigation Assistant $ 7 QAC Pesticide Operator $ 8 Pesticide Assistant Operator $ Total (1-8)$ B. Material/Equipment Purchases 1 Contractor's wholesale cost plus C. Dump Fees Per Ton 1 Green Waste $ 2 Normal Trash $ 3 Heavy debris (requiring low boy) $ Total (1-3)$ D. Specialized Maintenance (includes labor, equipment, Per Acre materials 1 Turf fertilization using Best Turf Supreme 16-6-8 @ 1# actual $ nitrogen per 1,000 sf 2 Turf aeration using tractor driven drum aerator $ 3 Turf renovation/over seeding using Agronotech Ball Field Mix 3- $ Abrand seeded Bermuda/perennial rye grass with 95% germination @ 7# per 1,000 sf 4 Soil amendment by applying soil buster @ _# per 1,000 sf $ Total (1-4)$ E. Planting Per Unit 1 24" box multi -trunk tree $ 2 24" box standard trunk tree $ 3 15 gallon tree $ 15 gallon shrub $ 5 5 gallon tree/shrub $ 6 1 gallon tree/shrub $ 7 Flat of groundcover $ 8 4" flat of annual cover $ Total (1-8)$ Attachment 1-A Routine Maintenance Locations -Additional Details As provided at the "walk-through" and in Addendum Number 1 to the Invitation for Bid 05-112 dated December 20, 2005, the following additional details apply to the below stated Routine Maintenance Locations: Alton to Bristol Bike Trail. The unimproved area adjacent to the improved bike trail from Flower St. west approx. 100 yards and the unimproved area from the fence line north to the railroad tracks. See also attached photographs 298-299. 2. P.E. Bike Trail. Between Edinger and Occidental, the unimproved area adjacent to the improved bike trail. See also attached photographs 295-297. 3. Santiago Bike Trail. The slope area from the top of the trail to the bottom of the slope where it meets the WPA retaining wall (both sides of bridge). See also attached photograph 293. 4. Santiago Bike Trail. North of the footbridge, the landscaping on the east and west sides of the trail. See also attached photograph 294. v Y ' t V `t m <. 1 �Kf! i' v„ ii-Jm�' -�i. . �,: `N .:.� i � -.. , 1`,i� y y �� -_ t �- .. _ ja . _ � s.e:r.._ _ � Wiz- �: ' -- �-.. _. rrA Ile n.". lop 00 IF AW jot, _ t- ry Ar J-1 IF M Patricia Lane Park ATTACHMENT TREE PRUNING/TRIMMING & STUMP REMOVAL SPECIFICATION TREE TRIMMING CLASSIFICATIONS Class I — Fine Pruning/trimming Fine pruning/trimming shall consist of the removal of dead, dying, diseased, interfering, objectionable, obstructing and weak branches as well as selective thinning to lessen wind resistance. The removal of such described branches is to include those on the main trunk, as well as those inside the leaf area. Class II — Medium Pruning/trimming Medium pruning/trimming shall consist of the removal of dead, dying, diseased, interfering, objectionable weak branches on the main trunks as well as those within the leaf areas. An occasional branch up to one inch in diameter may remain within the main leaf area where it is not practical to remove it. Additions to the standard specifications: All girdling roots visible to the eye are to be reported to a supervisor and/or the owner. Class III — Coarse Pruning/trimming Coarse pruning/trimming shall consist of the removal of dead, diseased or obviously weak branches, two inches in diameter or greater. Class IV — Cutting Back or Drop Crotch Pruning/trimming Cutting back or drop crotch pruning/trimming shall consist of the reduction of tops, sides, under branches or individual limbs. This practice is to be undertaken in cases of utility line interference or where certain portions of the roots or root systems have been severed or severely damaged, or when it is necessary to reduce the top, sides, or under branches to achieve overall size reduction. GENERAL TREE PRUNING/TRIMMING REQUIREMENT All cuts shall be made sufficiently close to the trunk or parent limb, without cutting into the branch collar or leaving a protruding stub, so that closure can readily start under normal conditions. Clean cuts shall be made at all times. TYPES OF CUTS: Removal of laterals A. Shoulder cuts. The final cut in removing a lateral branch should be immediately beyond the branch bark ridges, preserving the branch collar. Do not make stub cuts (an inch or more beyond the branch collar). Do not make flush cuts (through the branch collar). B. Triple cuts. For any branch too large to be held while being cut, remove by means of the following cuts: Under cut the branch 4 to 10 inches beyond the base (to prevent splitting or peeling). Cut off the branch beyond the undercut where necessary, to prevent property damage. Branches shall be lowered to the ground by ropes and/or proper equipment. Remove the remaining stub via a shoulder cut, as described above. Removal of terminal (tip thinning and drop crotching) C. Thinning, "Lace out' terminal portions of branches by cutting terminals back to laterals. (The basal diameter of the remaining lateral should be 1/3 the diameter of the terminal being removed.) Remove numerous small terminals and laterals rather than take out a few large ones. D. Size reduction. To take out portions of the crown for reducing height, remove terminals back to laterals. Each lateral should be suitably situated to serve as the new terminal, thus establishing the crown at a lower level. The basal diameter of a lateral should be at least 1/3 the basal diameter of the terminal being removed. (Laterals smaller than this cannot function effectively as new terminals, and the effect is then similar to a stub cut.) 2. Branches that pose a threat to the health, safety, and welfare of the general public shall be removed. In addition, branches that disrupt the aesthetic or general integrity of the tree shall be removed. Kinds of branches to be removed: A. Obstructing branches. Clear walks, traffic ways, buildings and other man-made structures. Clear other trees, plants as needed. B. Dead, broken, diseased or weak branches. (Also stubs left by previous pruners). C. Crossing branches. This includes potentially crossing branches, also upright shoots (water sprouts) and vigorous, and interior -directed branches. D. Narrow crotch -angle branches. For most kinds of trees, branches with a crotch angle narrower than 30 degrees should be removed. E. Parallel branches. Branches less than a foot apart, which run parallel for several feet, may eventually damage each other. The less desirable one should be removed. Wind -breakage risks. Crowns that are too high and/or too dense should be thinned, and sometimes lowered to suitable laterals. Reducing wind resistance by thinning out many small branches is safer and better for the tree than taking out several large branches. G. Branches, which disrupt tree form. Excessively vigorous branches, or those which run against the general branching pattern, should be trimmed for better balance and shape. (This does not mean the tree must be made perfectly symmetrical: asymmetry as such can be both attractive and safe.) 3. On trees known to be diseased, tools are to be disinfected with methyl alcohol at 70% (denatured wood alcohol diluted appropriately with water) or Clorox solution after each cut and between trees where there is known to be a danger of transmitting the disease on tools. 4. Old injuries are to be inspected. Those not closing properly and where the callus growth is not already completely established should be traced where appropriate if desired, for cosmetic purposes, the wound may be treated with a thin coat of wound dressing. All girdling roots visible to the eye are to be reported to a City supervisor. 6. The presence of any structural weakness, disease conditions, decayed trunk or branches, split crotches or branches, should be reported in writing to a City supervisor and corrective measures recommended. When pruning/trimming back trees, the contractor shall make all trees shapely and typical of their species. (Under no circumstances shall central leader trees have their central leader removed without written consent from the Superintendent of Parks or his approved representative.) TREE AND STUMP REMOVAL STANDARDS Trees identified for removal are to be cut back and lowered to the ground in sections. Sections shall be no larger than can be safely controlled. Extreme care must be taken to prevent unsafe working or other hazardous conditions to individuals, landscape, structures, or obstacles. 2. Trees shall not be stump cut and felled. 3. Tree stumps not designated for removal shall be cut Flush with the ground. 4. Tree stumps to be removed shall be completely ground to a minimum of twelve inches (12") below soil surface. All surface roots within this zone shall also be removed by grinding. 5. All excavation as a result of this process shall be backfilled exactly level with surrounding soil, completed and fine graded. 6. Excess debris, trimmings, branches and wood shall be removed from the work site and shall follow as closely as possible to the removal operation. All areas shall be left clean and free of debris at the close of each day's operation. Work shall not start before 8:00 a.m. or continue past 6:00 p.m. No work is to be scheduled on weekends or national holidays. 8. All debris shall be properly disposed of off site and at the contractor's expense. TERMINOLOGY BRANCH COLLAR Wood tissue ridges that form around the base of a branch between the main stem and the branch usually as a branch begins to die and the branch collar begins to increase in size. CALLUS New growth made by the cambium layer around all of a wound. CAMBIUM LAYER Growing point between the bark and sapwood. CLOSURE Refers to the roll of the callus growth around the wound area. THE CUT The exposed wood area that remains after the branch has been removed. CUT BACK/PHONE BACK Specified reduction of the overall size of the tree or individual branches, but may include the overall reduction of the sides as well as the top of the tree. DORMANT A condition of non -active growth Deciduous trees is considered to be dormant from the time the leaves fall until new foliage begins to appear. GIRDLING ROOTS Located above or below ground level, whose circular growth around the base of the trunk or over the individual roots applies pressure to the bard area, thereby choking or restricting the flow of sap. LIFTING The removal of lower branches for under clearance. PARENT STEM The main trunk system of the tree PRECUT OR PRECUTTING The removal of the branch at least beyond the finished cut to prevent it from splitting into the parent stem or branch. PRUNING/TRIMMING The removal of dead, dying, diseased live interfering, objectionable and weak branches in a scientific manner. SAP FLOW The definite course assumed by sap in its movement through a tree. SCARS OR INJURIES Natural or man-made lesions of the bark in which wood is exposed. SUCKERS Abnormal growth of small branches usually not following the general pattern of the tree. THINNING OUT The removal of live branches to reduce wind resistance and to create more space. TOPPING Means the same as cut back. TRACING Careful cutting of the bark along the lines of sap flow to encourage closure and to be the outline of the wound area. TRIMMING The same as pruning/trimming. ATTACHMENT ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION Annual Color Planting and Care Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a dept of 8" of the topsoil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants: • Spring/Summer—April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias, Marigolds • Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Renunculus Vandalism Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. ATTACHMENT FULLERTON COLLEGE HORTICULTURE DEPARTMENT CERTIFICATE OF PROFICIENCY INLANDSCAPE IRRIGATION The Landscape Irrigation Certificate requires not less than 30 units. This includes 18 units of required courses, at least 6 units of Restricted Electives A and at least 6 units from either Restricted Electives A or Restricted Electives B. REQUIRED COURSES Course # Course Name Units 153 Landscape Irrigation 3 154 Irrigation Design 3 155 Soils 3 157 Irrigation Principles 3 162 Landscaping for dry Climates 3 218 Landscape Hydraulics 3 RESTRICTED ELECTIVES A Course # Course Name Units A100 Architectural Drafting 3 CO6 Intro to Residential Electrical & Plumbing Systems 2 CG101/ Or 100 Computer Graphics 3 177 Turf grass Management 3 200 Landscape Design 3 219 CAD Application in Horticulture 3 RESTRICTED ELECTIVES B Course # Course Name Units 165 Landscape Management 4 168 Landscape Construction 3 169L Landscape Construction Lab 1 170 Landscape Contracting 3 201 Advanced Landscape Design 3 poadnVmlopez/agreemenUpublic rec facilities agreement exhibit A draft EXHIBIT B Proposal of Services our proposal is based on following the contract specifications and addendum that are outlined in this bid request. Our team execution is based on providing a proactive service that protects and enhances your landscape investment as well as providing opportunities for our employees to develop and grow with our company. We will begin your landscape management service with our foundation program. It is called the New Job Stut-Up program. It establishes a routine nnimensince schedule that will make a noticeable difference in your landscape and make our regular mamteaance operations nm smoothly. This will provide a consistent quality service tint we both expect for your property. The folowing is a brief overview of activities that we will implement on yaw property after we begin our service: Landscape Safety Evalust"n -to ensure that there are no hazards in the landscape for pedcstriaas, employees or your tenards. This is important to mmnmze your liability for the property. Irrigagass Iaspeetlon - to confirm that all watering stations are working properly and to adjust sprinkler heads to ensure that they are watering the landscape and not the ape . • Baste Irrigation CentrroEer Evahudioa and Development of a Simple Irrigation Chart - to help us in monitoring the irrigation system • listablish A Watering Program -that uses the proper amount of water for the landscape plant materhaL Our goal is to use the coned quantity of water so it is not wasted. We will use the MAWA water usage allotment guidelines for irrigation progrmnmm& • Develop A Landscape Improvement Plan — to enhance the landscape of your project. • Job Activities - to establish the landscape for routine maintenance: o Tres • Raise all tree limbs (safety prime) so they are above had level. • I kud turf around tree trunks to protect the tree from mower damage. • hrspect tree stakes and adjust as needed. • Remove unnecessary tree stakes. ■ Review of tree plant health. o Shrubs • Prune and hedge shrubs as needed. • Remove dead shrubs. • Mulch bare areas. o Turf • Detail turf away from objects. • Spray broadleaf weeds as needed. o Ground Cover • Remove weeds from ground cover beds. • Detail ground cover away from objects in the beds. o Seasonal Color Boils • Detail and clean out dead flower heads. ■ Remove weeds. • Check for pests. o Geeneml Duties • Remove trash in the landscape areas. • Spray out weeds in paling lot cracks. • Apply pre -emergent herbicide to prevent weeds as needed. After we complete our start-up program we will then be on a proactive maintenance cycle based on the specifications outlined in the bid proposal. One way we use to ensure that our crews are performing to our quality standards as well as our customers expectations is by our Quarterly Quality Program where we inspect the project based on set criteria of landscape quality standards. We will take our team memlim and do an inspection of the site using our criteria standards as a training guide as well as a motivational tool as they can earn extra money if they meet certain quality standards. Through this program we are able to train our team to keep our quality high, motivating our employees as well as keeping our customers happy with our work Communications is an import function of our work for the City so we will be available to meet with the City's representative on a weekly basis to review the sites. In addition, all reports will be giving to the representative during our meetings and reviewed with them to answer questions or make adjustments as necessary. Safety is a very important factor for not only the public but for our employees too. We Place high importance to following all OSHA regulations as well as the Agricultural Commissioners pesticide safety procedures. We conduct weekly safety tailgate meetings and spot check our crews to ensure that safety rules and regulations are being followed. All Material Safety and Data Sheets for materials and chemicals used on the landscape are kept with our crews and in our office as all times. In addition, we will make we that the City has this information before any materials or chemicals are used on City sites. Waste recycling is an important function for us as we strive to be good stewards for the environment. We utilize green waste disposal sites and try to use recycle mowers as much as possible to reduce green waste materials. We also use recycling sites where they can process the green waste into mulch where we can apply it back into the landscape. Bevill Landscaae Management Key Staff pgalifications Robert S. Johnson — President and Owner H.S., Ornaatental Horticulture, Cslifomia Polytechnic State University. San Luis Obispo Pest Control Advisor License Qualified Applicator's License C-27 State Contractors License 30 yens experience in the Imdscape industry Robert has worked on many Government Agency projects including this specific contract with a funnier employer. He worked with the past Pork Superintendent Gary Olt and with the present Park srrpah*ndent Mike Lopez. Rawl Lopes —OPeratbaa Manager Certified Lndseape Technidm, Amaicsn Lmdsape Contractors Association (PLANET) Qualified Applicator's License 25 years ePaielm in the landscape industry Rod also has past espaience with this contract 0nough his previous ereployer. He was the Account Manager in charge of this project for ova the past 5 years. He is well versed in all opastioml opaat"s for ape narnderrmm i^cl0ding irrigation mmagernaN and repair, plant health ease arborist eras, crew and props pesticide use. Retells, fgWd" — Crew Supervisor 20 years of experience in the landscape industry Irrigation Specialist Rolicuo is experierwed irrigation technician and supervisor of landsape Drew personnel. He has worked on projects in the City of Santa Ana. Marilyn Johnson — office Manager HA., University of Southern California 20 years is Office Administration and Marketing Marilyn will handle all billing and contract administration- W. CONTRACTOR'S REFERENCES This shed must be wmpleted in fuR mad retained with contractor's proposal. our ability to sic contracts performed by your company, which demonstrate y lid and describe frilly nos in Exhibit A. Attach additional Page if Provide services in accordance with the apecirwatr listed for additional information teary. The City reserves the right to contact each of the references regarding Your company's gwh5cattons. 56. OCA "C GO . Reference W ^M, TG , &� a Contact individual: lA' K.E W t two d Customer Name: A u ct + 34lSto DF-t U�cSpo Q441 Z34 - S40Z Ate: pgN� i M- - Qz b Z3 Phone Numb, Contract Amount: `$ -75DZ • CO Year- 1 Ikxxiption of equipment and services Provided: w L.&.I�4 a fA^ �t-rE>`tawtcE sEevr�c Tau�i i ALA N'2s MAsTE2-r S6" MowiE2, 1=�iE2r P� owEfL� Ur tE •-LAC �IEK, NSVAS 5}tEAu29r Gulp TrLLUGKt� G+Nppee- CREW -FIE-LAC gpw�Yzs J.AcSSEUM xn. z op K,A,-rt� q u oa tt urokl - Customer Nam; ri u L'Tli Contact htdividuil: Z tJ• �J141AtsT 114- S-61 - 3/ovb Address tro..4*tIi P6One NmnbW. Contract Amount 1 i sD OZ Year ZOOS Description of equipment sad services provided, Fit LIB r�ciAG+F� MAI>•t'r�1JAl`��»�,�5 Cli1Y ED4Ecc. P.�LOwL=2., U NE-TYLIMMEY�, NA 2 -��lG1L� C�trPPEe.,GREWTLrtACY�/7"K Reference No 3 GEwPTE*t>stAL Fiter'T.4ctE G L1.EEA1 Mc*t3Et- Costonw Name: Nl c.15 a " Contact individual 310� w. NA2v.QBD -tf4 - ZSO - gAS3 Address: ��.� Pwtrn -gzb 13 Phone Number Contract Amount: t,CIDO.Oz Year. zoos Description of equipment and services provided: H W G-r'_. Ft I t t� Lx.rtDSGAY�I= MAc NTE11/�.UC E SErZV jCF �6 � ct4uP EtEe r t3towE�, LcilE T1zuNl►J�E2, NE�IcE SHEr�.2Sr T2t-lGIK fy GHIpPcQ-i C2EW -1�t.aGKI`f'I�ArLCe-. CONTRACTOR'S REFERENCES (PAGE 2) ce No 4 -T-AP_!1E'T 5,9Gr-xA1--W"_ Customer Name: P V-oDucTS Contact Individual: GA�o Ly i l _P IS41s M,&,zQU,•t-VT _SoZ - Z-4 Address: t=E2 sP�INGs- phoneNamber' S�Z gOro-l0 contras Amount: $ 30-b.OD Year. zoc55 Description of equipment and services provided: 1V FLtL,L l Lam+ APE Mpr hT>;T1+41 IGE SEA S}t�t\Q$, �bGl�P'/ Coil -OW bpi LI N7; TitJJ�MEI�� •-�QJLtG� � G K I t� PE2, C >'�^�-ffLt�C �-� T1Z�► n . OLD J..tltl-�bND-1•}�O•H• Customer Name: contact Individual:_��, tt tt>-tee For rr�*�a 4-10 CAu!�E �AI iAu�E one A4ct - GW - -"427 aa: Addre5A*t eL� - gzv-13 Contract Amount $D1 - 0-0— Year. Desorption of egmpmevt and services pwvlded: t�DLl�IZi �-QwEe-i LIrJ6 "(YLIMME -n2t tGL �`y Gt-tt PpE(L, f iZEt�� T1�a� aq jleveAe 5i4Erk2SrC44tP A)�G�IcP WET E2iG S7r2Al.t5S CastomerNaw: rpPAJor--e F-S ContactLrdividual: zIv30Z t�PAZ ztS �I4�i 4Sf5 -S-Shi Address:�l»fort vtkto-a 141?honeNumber: Contract Amount srrm,• JU Year: zob S Description of equipment and services provided: Ut.t- l.-'NN*a A c er - CNtp EoitEe, 12�Low62 , LrI.1G -l-rlMTnc12, N6vgE sltEraeS, YQt.lC1G 46%4tPPCr', CREW-fI?- LACY-/-T-P-AtL.E1?. Pegs 16 of 26 ATTACHMENT1 RmmE.MAKrENANCE LOCATIONS -18 PARKS Page 17 of 26 3 Opr"M ADD-0N PARK LOCATIONS oOARKS Page 18 of 26 V. BID FORM Resioases to this Request for Proposal are due at 2rOOPM on December 209 200S. 'l'u undelsigned or CMUW agrees to provide landscape and grounds maiuoenanoe at City Parirs Pub bons. Me have stated herein the services and fees that Uwe recreational will famish and deliver er as specified. facilities in axadanwith the sped. A and shall be based upon dw evaluation criteria included in Section IL Where there is a discrepancy between words and figures, words shall govern. The (Sty of Santa Ara reserves the right to cancel any agreement in the event that terms of this agreement are violated• VISTA Or L Vr izoe, GAN�SGfriS� i vL. �^ DOA' 13g9il t.t_ 442V—O-' L'slr�l:' lyiANAGti1 'rr Name of ContractorS'Aofp- (Perron, Firm. Corp.) Address Address R�G7s 9y91h6l -y977 TdVhone Number 12 �nr'�L�2 i S • SDI S i Jrdu ►' Now and Tide (Please Print) t-y-o6 Date EXHIBIT C CITY OF SANTA ANA INSURANCE REQUIREMENTS 1. The City of Santa Ana requires a commercial general liability policy with a combined single limit of not less than one million dollars ($1,000,000.00). 2. An "Additional Insured Endorsement" must be attached to the Insurance Certificate naming the City of Santa Ana, its officers, agents, employees and volunteers as additional insured. A copy of the recommended form is hereby attached. The Additional Insured Endorsement shall be primary and non- contributory to insurance or self-insurance carried by the City of Santa Ana. 3. The policy must contain a promise of thirty (30) days written notice of cancellation. A notice of cancellation which is less than thirty (30) days shall only be acceptable if it pertains to a one-time event, the date of which is occurring within that notice period. For example, a certificate of insurance containing a ten (10) day notice of cancellation received on March Sth for an event taking place on March 12th. 4. Clauses in the Certificate of Insurance which are not acceptable and must be crossed out contain the following wording: "endeavor to .. "; and, "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, Its agents or representatives". ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With.respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Signature a ACDRD- CERTIFICATF OF LIABILITY INSURANCE PRODUCER (559)6S0-UED AS 35SS FAX (S;,�o50-3558 ONILY ANDIFICATE CONFEiRISN RIGHTS Landscape Contractors (Li C/0755906) HOLDER. THIS CERTIFICATE DOE Insurance Services, Inc. ALTER THE COVERAGE AFFORDE 183S N. Fine Avenue Fresno„ CA 93727 _ INSURERS AFFORDING COVERAGE 33011-B Calle Aviador San 3uan Capistrano, CA 9267S-4700 OF INFORMATION CERTIFICATE -ND. EXTEND OR NAIC N COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - INSR O TYPE OF INSURANCE POLICY NUMBER POLICY EFFE0WE POLICY EIPIRATION UMITS UELIENISOINEIVIA A UAJMIJv % COMMERCML GENFIUL LMBILRV CLAIMS MADE ❑X OCCUR % XN - Coverage 1700004619-051 07/01/2005 07/01/2006 EACH OCCURRENCE f 1,000,00 DAMAGE TO RENTED NEW E%P(MyPns person) S 10000 f 5,000 PERSONAL S ADV INJURY S 190002000 X 5500 PI) DED OENERM AGGPEGATE S 21000,000 PRODUCTS -COMPMP AGO S 2 Oo0,0O GEN'L AGGREGATE LIMIT APPLIES PER: % POLICY JE�CI' LOC AUTOMOBLE UURU7Y ANY AUTO 1700004619-051 07/01/2005 07/01/2006 COMBINED SINGLE LIMIT (Ea actlaaxJ $ 1,00()00 BODILY INJURY (PM pars.) S ALLOWNEDAUTOS A X % SCHEDULEDAUTOS HIREDAUTOS BODILY INJURY (Per ewd.l) 3 % NON-0WNED ALTOS --- PROPERTY DAMAGE (PM ECCdIWO $ — DAMOE LILUILT, ANY AUTO AUTO ONLY -EA ACCIDENT S OTHER THAN EAACC AUTO ONLY. AGG 7- $ ID(CESSNMBRELLA UAMUTY EACH OCCURRENCE S AGGREGATE S OCCUR El CLAIMS MADE S 3 DEDUCTIBLE TH- % TORY wR-wa Ea s RETENTON f WORNPA6 S` U'AMNSATON AND dKOYERS• LMMITY 3800002999-051 07/O1/2005 07/O1/2006 E.L. EACH ACCIDENT 3 1,000,()0 A OFF�METORFBRIMEMSEE�UDEDi EGUTIVE Y yyueed =RoxSen SPECUL PROVISIONS ONDN E.L. DISEASE -EA EMPLOYE f 1, 000,0 E.L. DISEASE - POLICY LIMIT S 1 000 0 FO OTHER ADDEDMY EN00R3EMFMISPECLLL PROVISIONS DESCRIPTION OF ERNTIONSI LOCATWNSIVENCM IerE 8ti0 Operations e: All Ca�i fornia Landsca a Op See attached ECG20SOZO100 m ECG205011299) NOW A 10 dly nDBce Of Oar"MbOn WIS be gkM fornon-MMOnT Of ps MEE TE or non, City of Santa Ana 20 Civic Center Plaza PO Box 1966 Santa Ana, CA 92702 ACORD 25 (20011Da) - , SHOULD ANY OF THE ABOVE DESCRIBED POLN]E I BE CANCELLED BEFORE THE ExPRATION DATE THEREOF, THE ISSUING INSURER WILL *)SIBNOM MAIL 30 DAYBWRIRENNOTICETOTNECERTBICATEHOLDERNAMEDTOTNELEFT. waMXWMW*NXVMK&W@SWAX&N )IIAWWAOHW1fX1D0(AIifXX AUTHORIZED REPRESENTATIVE IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reveme side of this form does not constitute a rdntract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the pollCles listed thereon. ACORD 25 (2001/08) POLICY NUMBER: 1700004619-051 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABLITY COVERAGE PART WHO Is AN INSURED (Section 11) is amended to include as an insured any person or organization: 1. Required to be named as an additional insured in a written contract or agreement; and 2. Approved by us as an additional insured. However, this amendment is subject to following: 1. This insurance does not apply to any person or organization not specifically approved by us as an additional insured; 2. Any insurance afforded an additional insured under this endorsement shall not begin before 12:01 A.M. on the date that person or organization is approved by us as an additional insured; 3. Regardless of the number of additional insureds, the limits of Insurance under this insurance shall not be increased; 4. Any Coverage that is not afforded under an additional insured's liability insurance for your acts, errors and omissions is also not afforded under this insurance; 5. No Coverage is provided under this insurance for liability based on the goods, products, acts, errors or omissions of an additional insured; 6. To the extent required under written contract, this insurance will apply to an additional insured as primary insurance and other insurance which may be available to such additional insured shall apply on an excess basis; 7. If required by a written contract, we waive our right to recovery against any additional insured because of payments we make for injury or damage arising out of.. a. Your ongoing operations, or b. "Your Work" done under a contract with that additional insured and included in the "products - completed operations hazard". ECG 20 502 0100 Page I of 1 J POLICY NUMBER: 1700004619-051 COMMERCIAL GENERAL LIABILITY Vista del Verde Landscape, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) (CG 20 10 11 85) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. 2/7/06 Name of Person or Organization: The City of Santa Ana, its officers, employees, agents, and representatives as it pertains to All California landscape Operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. ECG 20 501 12 99 Copyright, Everest Reinsurance Company, 1998 Includes copyrighted material of Insurance Services Office, Inc. used with its permission Copyright, Insurance Services Office, Inc., 1984 Page I of I r 9/28/2006 14: 09 LCiS Nanette Wi l lOU hbI 14 _ Z D UIo J U20 AC -RD CERTIFICATE OF LIABILITY INSURANCE 08/ 8%zo PRODUCER (559)650-3555 FAX (559)650-3558 Landscape Contractors (Lick0755906) Insurance Services, Inc. "35 N. Fine Avenue 620-0/ Fresno„ CA 93727 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# IMBUBEO Vista del Verde Landscape, Inc. 33J11-5 Calle Aviador San Juan Capistrano, CA 92675-4700 IwPrRA Everest National Insurance Co. .10120 IWLIRFPP ThLRLP I. IreuuER D INSURER E —� 'OLICIES 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 AHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN Is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO'L MEOf INSURANCE POIGTM1SIMBER PDLIOYEFFECTNE 07/01/2006 POLICY EXPIRATION LIMBS GENERAL LIABILITY X COMMERCIAL G-NERrrY��LIAB(LITP 1700004619061 07/01/2007 EACIIOCCLARLWE 1 1 000,00 DAIAw::E iO kENTEO F 10010 A LjCL Pn3 WCC IR IOCCUF X XCU COVERAGE MCD CHPI MY OIw Fu;w i 5,0 rFas«u.L a nCv w.Aw/ t 1 000 0 X $500 PD DED GEKFRAL AGGPEGATE 1 2, 000, 0 i GENL AGGREGATE L MIT APPLIES PER X POLICY PRC'T -ECT LOr PRKM]T3-JLA1n/OP tCG E 2 ODB AUTOMOBILE LIABILITY �AAYALTO 17000W19061 07/01/2006 07/01/2007 COME-NED SIN'LE LIMIT (Eeaza6:Nl S 1,000,0 E `W INX1RY IPpersan) 1 I PLI. uYVNED AJiCI$ X SChEDULEO ANDS A I X rnPED /urt05 X PkJm DINNED ALITos :? GORILY INNRY (F'P e¢clrlmtl T PP PEcTYrDAMAGE 1 Y GARAGE UABX.RY AUTO 6NLY - CA Ar, IEErC T J HERTFVN Cn Arm Al rtn nN nw E ANI'atITD P, E• A 5-t pR�K C� PgtOCP T - " E"ALIABILRY ..._+ CLAIMS JADE tad i 55Y5 EACH OCCt RENCE i 4G:REGATE F DEOIR:TIBLE R PE-EWION 8 --- WORKERS COMPENSATION AND -------- + W OpySTALIMTI rlTµ EMPLOYERS' LIABILITY FL - u H ACC ITFNT — — $ ANV PROPRIETCFAA4 INEP/E% W I I'./L ;-='. EP:VEWER ECLUDED' If Yec a.:aol» �,wm b`ELIN ruurlsluN; nelm. EL JIsEASE EA EM1P.0YEE a EL -I� PQLiCI LIMI ro OTHER I DESCRIPTION OF OP jRnAONS I LOCATIONS /VHHICES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PRONSIONS ATT Cal iTornia Landscape Operations .—AT' :NSURANCE: See Attached ECG205011299 & ECG205020100 i:y of Santa Ana Parks Recreation & Community Service Agency Attn: Mike Lopez 888 W. Santa Ana Blvd. 2nd Moor Suite #200 Sa^ta Ana, CA 92702 FCORD 25 (2001108) SI ANY OF THE ABOVE DESCRIBED PCII IES RE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL NXtX,X>o-lma MIL 30 DAYS WRITTENNOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, OOACORD CORPORATION 1989 - s/2917006 14:09 LCIS Nanette Wllloughby- Carla 3/5 VLNDER. 1700004619061 COMN ERCIAL GENERAL LIABILITY Vista dcl Vcrdc Landscape, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) (CG 20 10 11 85) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL, LIABILITY COVERAGE PART. 08/28,2006 Name of Person or Organization: Cty of Santa .Ana Parks Recreation & Community Servic Agency As it pertains to All California Landscape Operations :o er;,ry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. ECG 20 50112 99 Copyright, Everest Reinsurance Company, 1998 Includes copyrighted material of Insurance Services Office, Inc. used with its permission Copyright, Insurance Services Office, Inc, 1984 Page t of 1 6/28/2006 14:09 LC 1S Nanette W111oughby- Carla 4/.5 POLICY NUMIdBR. 1700004619061 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABLITY COVERAGE PART WHO IS AN INSURLD (Scction II) is ancnded to include as an insured any person or organization: 1. Required to he named as an additional insured in a written contract or agreement; and 2. Approved by us as an additional insured. However, this amendment is subject to following: --:s 'nsurance does not apply to any person or organization not specifically approved by us as an additional insured; 2. Any insurance afforded an additional insured under this endorsement shall not begin before 12:01 A. M. on the date that person or organization is approved by us as an additional insured; 3. Regardless of the number of additional insureds, the limits of Insurance under this insurance steal I not be increased; 4. Any Coverage that is not afforded under an additional insured's liability insurance for your acts, errors and omissions is also not afforded under this insurance; 5. No Coverage is provided under this insurance for liability based on the goods, products, acts, errors or omissions of an additional insured; 6. To the extent required under written contract, this insurance will apply to an additional insured as primary insurance and other insurance which may be available to such additional insured shall apply on an excess basis; 7. If required by a written contract, we waive our right to recovery against any additional insured because of pavments we make for injury or damage arising out of: a. Your ongoing operations, or b. "Your Work" done under a contract with that additional insured and included in the "products - completed operations hazard H,5 s GY t Atto 1 ssi;tant ECG 20 502 0100 Page 1 of I Rug 24 2006 2215PM LRSERJET FAX 1949)661-2355 p.2 ACM. CERTIFICATE OF LIABILITY INSURANCE of Mo 06 'arJCER (5 9 fi50- 5 S FAX 59)6SO- SS -d .r_ecz Contractors (Liel0755906) Insurance Services, Inc. �} aoo6-o,z0 1835 N. Fine Avenue Fresno„ CA 93727 fi- A006 - "0 - THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIPICATE ALLTERTTHE OVERAGE CERTIFICATE BYTT HEE POtICIN_LOW- INSURERSAFFORDING COVERAGE NAICN Bamao sta M Ve_rJe_r*_nT9_c8Pe, Inc. 33011-B Calla Aviador g-- ?vnr Capistrano, CA 92675-4700 wsJRERA: praetorian Insurance CoVan I ISLIAI R6: rSAILkC L MsncR o: weliER E. T=E. KISS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING . OR CONDITION OF ANY CONTRACTOR OTHER D=MENT WRH RBSPECT TONMICFI THIS CERTIFICATE MAY BE.ISSUED OR -,-'F-::` -1E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HER ION IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANDOON0177ONSOFSUCI -Vf,CGREOATE LIMITS SHONN MAYHAVE BEEN REDUCED BY PAID CLAIMS. —_— TYFl OF WMMNCi FOLICYIAYa6t E F N LIMITS OaKRALL"Urry EACH COMMENCE I / DDMNFACIAL OENEAAL LIABILITY CWAa MADE ❑ OCCUR NEDENP(Nryw.r r7 1 PERSONAL t ACV INJURY 1 I GENEAALMOMMATE 1 OG'L A6ORBOATEFFLRRMyyITAPPLIES PER: P1IPOLCTB-COMWOP AOO E I POLICY ,ECf LOC AUTOMO&LELIAWLTIT AHYAfrO COM INeDSNGLE LIMIT Me AtdOAN) i BODILY INJURY (Pw IFHwn7 i ALLOYMMID ALTOS Scmeo11EDAUTOS � Lil BODILY WARiY lhr iddN) i Fr"=4OIANOJ HIEDAUTCS A1T05 - RiOPERTYIIWADE 1 � I) i ' OARAO6LIASILlfY �. ,. .,�Y ALITOONLY-EAALLOENT i OTNER THAN EAACC i - ANY AUTO i F AUTOCNLY: AGO I UCWWL IELLA LIABILITY EACI OCCURR NCE i AOOREOATE S OCCSIR CLANBMM i i OEd1CTaLE / . QmWtON I NDWMCCUPRMT"MD P00501429-00 07/01/2006 07/01/2007 X rw - EL.EACIACODENT S 1 000 00 aT'LOWRatNEILITY A OMCZRRABIW EERCL.lALD2 El. DISEASE -EA 04ROYEE 6 1 DOD DO ��ccss mrc2.IPAr SPECIA PRDVal01180RNv EA. OSEASE-POLI:Y LIMIT I 1,000 00 OTHER O"mrnoNOP 1N1 IIOCATIgw7f61(G.tJa0NIA00�BYENpCRSBWMJaFECMI MiCVMIOM A71 , I oNlam Landscape perations �Iote: 10 Day notice of cancellation will be given for non-paymnt of premiums or non -reporting of payroll. City of Santa Ana Parks Recreation & Community Service Agency Attn: Mike Lopez BBB N. Santa Ana Blvd. 2nd Floor Suite 200 Santa Ana, CA 92702 ACCRO 25 (2001106) WORLD AM OF TA AROVE tMCRMW POLJCIRS ae CANCELU IV WMIW THE eMPr1�RAnON DITe THEREOF,TW IFRUNGINRURN WILL 6NCHAVOR TO MAIL _1y_ DAYS WNTTEN NOTICE TO THE CERTIFICATE HOLOWA NAMED TO ma LEFT. EMT FAILURE TD MAIL SUCH NOTICE SHALL IMMI E NO OELIGA'n ON CA LI ,61UTY btj, aL LyAA"1AF MACORD CORPORATION 19B8 --� 53�'( AC D. CERTIFICATE OF LIABILITY INSURANCE o7i02/200 PRODUCER ;59)65t'-3555 FAX (559)650-3558 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LandscaF' contractors (Li c#0755906) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Insuram, Services, Inc. A-P2006' W o ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 1835 N fine Avenue Fresno, , CA 93727 INSURERS AFFORDING COVERAGE NAIC # INSURED vista del Verde Landscape, Inc. INSURERk Lincoln General Insurance Comp 33955 0316 Esperanza INSURER B: gancho Santa Margarita, CA INSURER C. 92688 INSURER 0. INSURER E: S OF INSURANCE LIS7ED BELOW HAVE BEEN ISSUED TO THE INSURTHE POLICY PERIOD INDICATED. NOTWITHSTANDING EMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUWHICH THIS CERTIFICATE MAYBE ISSUED SN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH GREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED 8Y PAID CLAITYPE OF INSURANCE POLICY NUMBER POLICY EFECTIE POLICY E%PIRATION LIMITS RAL LIABILITYEACH OCCURRENCE $ OMMERCIAL GENERAL LIABILRVDAMAGE TJECT TO RENTED $ CLAIMS MADE OCCURMEDEXP(AnyonePersan) E PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOP AGO $ POUCV PRO- LOC JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT Ire accident) S BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO S AUTO ONLY: AGG EXCESSNMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE $ S E DEDUCTIBLE $ RETENTION S WORKERS COMPENSATION AND CW000002800 07/01/2007 07/01/2008 X I WCSTATT4 I OTH- A EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECtTnVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ 1,000, 00 EL. DISEASE - EA EMPLOYEE $ 1,000,00 Ii yes, describe under SPECIAL PROVISIONS below EL DISEASE -POLICY LIMIT $ 1,000,000 OTHER AFPROVE,' DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: All California Landscape Operations LauTul u Assistant v) 0-day notice of cancellation applies in the event of non-payment of premiums/non-reporting of payroll CPRTIRCATF 14/11 OFR CANCELLATION City of Santa Ana Parks Recreation & Community Service Agency Attn: Mike Lopez SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 888 W. Santa Ana Blvd. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 2nd Floor Suite 200 OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE y , Debbie Cerkuei ra KIMG bp"}^bLe,. a4,pv Santa Ana, CA 92702 ACORD 25 (2001/08) OACORD CORPORATION 1988 AE�,M CERTIFICATE OF LIABILITY INSURANCE o7ioz'/2007 PRODUCER (559)650-35S5 FAX (SS9)650-3558 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Landscape Contractors (Lic#0755906) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTEXTEND OR Insurance Services, Inc. A^2006-0,20-0 ( ALTER THE COVERAGE AFFORDED BYT EENDPOLICIES BELOW. 1835 N. Fine Avenue 4-x)o(-G26 Fresno,, CA 93727 INSURERS AFFORDING COVERAGE NAIC # INSURED Vista del Verde Landscape, Inc. INSURERA: Everest National Insurance Co. 10120 30316 Esperanza INSURER B: Rnch Snta Margarita, CA 92688 INSURER C. INSURER D: INSURER E: rOVFRAGFS 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADIX TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE MM1100011 POUCYEXPIRATIONDATE DATE NNIMOMW LIMITS GENERAL LIABILITY 1700004619071 07/01/2007 07/01/2008 EACHOccuRRENCE S 1,ON, 0 X COMMERCIAL GENERAL LIABILITY DAMAGE TO -RENTED $ 100,000 CLAIMS MADE [)�] OCCUR MED EXP (Airy one pelsw) $ 5 ' 0 A X XCU Coverage PERSONAL & ADV INJURY $ 1,000,000 X $500 PD DED GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOP AGG $ 2,000,0 POLICV X JEO- LOC AUTOMOBILE LIABILITY ANYAUTO 1700004619071 07/01/2007 07/01/2008 COMBINED SINGLE LIMIT (Ea accident)$ 1,000,000 BODILY INJURY leer person) $ A ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X X BODILY) (Per accide atatleM $ X PROPERTY DAMAGE (Peracadent) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ 11 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSAIMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE § AGGREGATE § $ DEDUCTIBLE i $ RETENTION $ _ $ WORKERS COMPENSATION AND -- WCSTATU- OTH- EMPLOYERS' LIABILITY r~ ' c' E.L. EACH ACCIDENT S ANY PROPRIE70RlPARTNERIE%ECU7IVE �,/ OFFICERIMEMSER EXCLUDED? X yes. des be undo -- E.L. DISEASE -EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT S SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: All California Landscape Operations Not: A10daywftoojCwcgNali0nVAbG RIMARY INSURANCE: See Attached ECGZ05011299 & ECGZ05020100 giwnTorMtnpBymWnfDr0nkMgrn0p- I r6ngdoavrop rFRTIFIrATF RnI nFR rAurcl I ATI^. City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Parks Recreation &Community Service Agency EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL I(<)= MAIL Attn: Mike Lopez 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 888 W. Santa Ana Blvd, ��)idUI�XX 2nd Floor Suite #200 8 04KI NK%)o(d641 VJX)txXmkl06K) 36WUlL1fiRl(XXXXXXXXX Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ` 1),1'~yYe Wu Debbie Cerkueira KIMG ACORD 25 (2001/08) ©ACORD CORPORATION 1988 POLICY NUMBER: 1700004619071 COMMERCIAL GENERAL LIABILITY Vista del Verde Landscape, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) (CG 20 10 1I 85) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. 07/01/2007 Name of Person or Organization: City of Santa Ana Parks Recreation & Community Service Agency As it pertains to All California Landscape Operations (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section H) is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. ECG 20 50112 99 Copyright, Everest Reinsurance Company, 1998 Includes copyrighted material of Insurance Services Office, Inc, used with its permission Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 Landscape Contractors Insurance Services, Inc. LCIS 1835 N. Fine Avenue, Fresno, CA 93727 • License #0755906 (800) 628-8735 • (559)650-3555 • (800) 440-2379 Toll Free Fax • (559)650-3558 Fax e-mail: insurer icisinc.com • www.icisinc.com 7/2/2007 City of Santa Ana Parks Recreation & Community Service Agency Attn: Mike Lopez 888 W Santa Ana Blvd 2nd Floor Suite #200 Santa Ana, CA 92702 RE: Vista del Verde Landscape, Inc. 1700004619071 To Whom It May Concern: This letter is to advise that we can not provide non-contributory wording. The wording available to use is listed under the Blanket Additional Insured endorsement item 6. This section states that as long as a written contract requires it, our insured's coverage is primary and that "other insurance which may be available to such additional insured shall apply on an excess basis". In other words, your insurance will not be asked to pay a portion of/or contribute to the loss, unless 1) our insured's limits and/or 2) the portion of the loss that the insured is legally liable for, are exhausted as it pertains to any claim that is a covered cause of loss in the policy. This letter does not in any way alter the policy. Regards, DeAk Cff ueim Debbie Cerkueira Account Manager i /D_ ADDITIONAL INSURED ENDORSEMENT Insurance Company Everest National Insurance C'ornpany This endorsement modifies such insurance as is afforded by the provisions of Policy #_ 1700004619071 _ relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not af-ect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 07/01/2007 this endorsement form'as a part of Policy # 1700004619071 Issued to Vista del Verde Landscape, Inc Named Insured Countersigned by D. Cerkueira 07/01/2007 Authorized Representative