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Item 16 - Landscape Maintenance Services for City Parks and Facilities
Public Works Agency www.santa-ana.org/pw Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Landscape Maintenance Services for City Parks and Facilities AGENDA TITLE First Amendment to the Agreements with DMS Facility Services, Landscape West Management Services, Inc., Mariposa Landscapes, Inc., and Pacific Coast Horticulturists for Landscape Maintenance Services at City Parks and Facilities (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a First Amendment to the agreement with DMS Facility Services, Landscape West Management Services, Inc, Mariposa Landscapes, Inc., and Pacific Coast Horticulturists to amend the scope of service to provide landscape maintenance to parks and facilities citywide for the remaining term expiring January 31, 2027 and renewal options (Core Agreement No. A-2026-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION On January 16, 2024, at the conclusion of a competitive bidding process, the City Council approved agreements with DMS Facility Services (Exhibit 1), Landscape West Management Services, Inc. (Exhibit 2), Mariposa Landscapes, Inc. (Exhibit 3), and PCA Arborists & Consultants, Inc. dba Pacific Coast Horticulturists (Exhibit 4) to provide landscape maintenance for City parks, the Civic Center, the Santa Ana Zoo, the Santa Ana Stadium, and bicycle trails for a total aggregate amount not to exceed $35,737,920 beginning February 1, 2024, through January 31, 2027, with provisions for two, one- year extensions. Landscape maintenance services are organized into four geographic districts, with First Street and Bristol Street serving as the dividing boundaries. District 1 encompasses the northwest quadrant of the City, District 2 the northeast quadrant, District 3 the southeast quadrant, and District 4 the southwest quadrant. Under the terms of the aggregate agreements, each contractor was assigned responsibility for one or more Districts or designated service areas and facilities as outlined in the table below. Landscape Maintenance Services for City Parks and Facilities July 7, 2026 Page 2 Landscape Maintenance Contract Work Assignments DMS Facility Services District 1 & 4 Landscape West Management Services, Inc. Santa Ana Civic Center Mariposa Landscapes, Inc. District 2 & 3 Pacific Coast Horticulturists Santa Ana Zoo Staff has since determined that greater operational efficiency and cost savings could be achieved by allowing landscape maintenance work to be assigned among any of the four contractors citywide, rather than restricting each contractor to their originally assigned service area. This approach would enhance delivery and provide increased flexibility to address changing service demands, contractor availability, and pricing. The proposed amendment is consistent with the scope of the original Request for Proposal, which did not require contractors to be assigned exclusively to specific districts or otherwise restrict the City's ability to allocate work among the awarded contractors. Staff recommends approval of the First Amendment to Agreement No. A-2024-007-01 with DMS Facility Services (Exhibit 5), A-2024-007-02 with Landscape West Management Services, Inc. (Exhibit 6), A-2024-007-03 with Mariposa Landscapes, Inc. (Exhibit 7), and A-2024-007-04 with Pacific Coast Horticulturists (Exhibit 8) which modifies the scope of service to allow all four contractors the ability to provide landscape maintenance services citywide beginning August 1, 2026 through the remainder of the agreement term, including any extensions. The amendments only modifies the scope of service, while the total aggregate contract amount of$35,737,920 remains unchanged. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no quantifiable fiscal impact associated with the proposed amendments. EXHIBIT(S) 1. Agreement A-2024-007-01 with DMS Facility Services 2. Agreement A-2024-007-02 with Landscape West Management Services, Inc. 3. Agreement A-2024-007-03 with Mariposa Landscapes, Inc. 4. Agreement A-2024-007-04 with Pacific Coast Horticulturists 5. First Amendment with DMS Facility Services 6. First Amendment with Landscape West Management Services, Inc. 7. First Amendment with Mariposa Landscapes, Inc. 8. First Amendment with Pacific Coast Horticulturists Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Agency Approved By: Alvaro Nunez, City Manager INSURANCE ON FILE Exhibit 1 WORK MAY PROCEED UNTI1 INSURANCE EXPIRES A-2024-007-01 (TIO,A-x CITY CLFPV DATE: FEB 2 3 ZW D?a P, AGREEMENT WITH DMS FACILITY SERVICES TO PROVIDE GROUND MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between DMS Facility Services, a California corporation, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. On October 20, 2023 the City issued Request for Proposal No. 23-151 ("RFP"), by which it sought Contractors to provide grounds maintenance services to City parks, bike trails, open spaces, and parking lots with assignment of the varied City districts to be assigned to the selected Contractors A. Contractor submitted a responsive proposal that was amongst one of the four(4)vendors selected by the City.Contractor represents that it is able and willing to provide the services described in the scope of work that was included in the RFP. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference for Districts 1 and 4. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. The total aggregate sum for services, provided by all four (4) Contractors selected under RFP 23-151, shall not exceed $35,737,920 for the entire term of this Agreement, including any extension periods exercised by the parties,as detailed below. The annual aggregate amount, available to all the selected Contractors, shall not exceed $7,147,584,which includes a base annual amount of$5,228,320 plus a contingency of $1,919,264 for services to be exercised at the City's sole discretion. Page 1 of 10 b. Payment by City shall be made within forty-five (45)days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on February 1.,2024 for a three(3)year term until January 31,2027, with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney,unless terminated earlier in accordance with Section 16,below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works" and"maintenance"projects. If the services being performed are part of an applicable "public works"or"maintenance"project,as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement;however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services.Contractor shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property Page 2 of 10 i embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time,provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location(ISO CG 25 03 or 25 04)or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code S) and non-owned autos (Code 9), with limit no less than$1,000,000 per accident for bodily injury and property damage. • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and$2,000,000 aggregate per policy period of one year. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Page 3 of 10 Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain,the following provisions: Additional.Insured Status The City, its officers, officials,employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts,or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance(at least as broad as ISO Form CG 20 10 1185 or if notavailable,through the addition of both CG 2010,CG 20 26,CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation,but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall.provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies (note—should be applicable only to professional liability,see below) If any of the required policies provide claims-made coverage: 1. The Retroactive Date must be shown,and must be before the date of the contract or the beginning of contract work. Page 4 of 10 2. Insurance must be maintained and evidence of insurance must be provided for at least five(5)years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date,the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete,certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees,contractors,special counsel,and representatives from liability: (1)for personal injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and(2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify,hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity Page 5 of 10 shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness,or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3)years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and 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. 12. 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. Page 6of10 13. NON-DISCRIMINATION Contractor shall not discriminate because of race,color,creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion,termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof,shall not bind or obligate Contractor or the City.Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party,which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment,the Executive Director may require Contractor to deliver to the City all work product(s) 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. Page 7 of 10 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach,failure,right or remedy.No waiver of any breach, failure or right,or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18, JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California,shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice,tender,demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director,Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) i Page 8 of t0 P.O. Box 1988 Santa Ana, California 92702 To Contractor: DMS Facility Services Attn: Carole Thorsell,EVP/Risk Management 2861 E. Coronado St. Anaheim, CA 92806 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 9 of 10 i IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ennifer L 1 „o. ' Thomas R. Hatch erk Interim City Manager APPROVED AS TO FORM: CONTRACTOR: SONIA R. CARVALHO City Attorney of nathan T.Martinez Loren R Dotts Assistant City Attorney President RECOMMENDED FOR APPROVAL: Nabil Saba,PE Executive Director Public Works Agency Page 10 of 10 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES TABLE OF CONTENTS I. GENERAL MAINTENANCE OPERATIONS A. General Operations 5 B. Specialty/ Sports Areas 6 1. Sand Court Areas 6 2. Hard Surface Areas 7 3. Bicycle Trails/AC Walkways 7 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails 7 5. Parking Lots, Bike Trails, and Roads 7 II. IRRIGATION A. General Information 9 B. Water Management 9 C. Maintenance 11 D. Repair 13 E. Personnel 14 F. Materials 14 III. TURFGRASS A. Maintenance—Overview 16 B. Inspections—Sports/Priority Turf 18 C. Casual Turf 18 D. Sports/Priority Turf 19 E. Renovation Process 21 IV. EDGING AND DETAILING A. General Specifications 23 V. GROUNDCOVER A. General Specifications 24 VI. SHRUBS RFP 23-151 Landscape Maintenance Services Page 21 of 135 (9) CITY OF SANTA ANA A. General Specifications 26 VII. VINES A. General Specifications 28 VIII. TREES A. General Specifications 29 B. Trees Under 15 Feet 30 IX. LAKE MAINTENANCE A. General Specifications 32 X. PEST CONTROL A. General Specifications 33 B. Procedure 33 XI. WEED CONTROL A. General Specifications 36 B. Weed Control of Hard Surfaces 36 C. Weed Abatement of Fallow or Undeveloped Lands 36 XII. LITTER AND DEBRIS MANAGEMENT A. General Specifications 38 B. Schedule 38 C. Pressure Washing 39 XIII. HOMELESS TASKS /CLEANUP A. General Specifications 40 XIV. DRAINAGE APERTURES A. General Specifications 41 XV. PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 42 XVI. GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 43 XVII. REPORTS AND SCHEDULES A. General Specifications 44 B. Reports 44 RFP 23-151 Landscape Maintenance Services Page 22 of 135 (9) CITY OF SANTA ANA C. Schedules 45 XVIII. IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 47 B. Irrigation Schedules 47 XIX. CIVIC CENTER A. General Specifications 48 B. Annual Color Planting and Maintenance Specification at Civic Center 49 C. Vandalism 50 D. Quality of Life Team (QOLT) at Civic Center 50 XX. LAWN BOWLING A. General Specification, Lawn Bowling 53 XXI. CENTENNIAL PARK A. Centennial Park 55 XXII. VACANT LOTS A. Vacant Lots 56 XXIII. SANTA ANA STADIUM A. Santa Ana Stadium 57 XXIV. SANTA ANA ZOO A. Santa Ana Zoo 58 RFP 23-151 Landscape Maintenance Services Page 23 of 135 CITY OF SANTA ANA SECTION I GENERAL MAINTENACE OPERATIONS This section establishes overall daily contract requirements that the Contractor shall perform unless otherwise specified in later sections. Other specifications given per section are to be utilized as unexpected situations arise and clarification of service is required. It is Contractor's obligation to fully understand the grounds' landscape specifications. Additionally, for all mulch and compost needs that are necessary for Landscape Maintenance, the City's Refuse Contractor Republic Services shall provide freee mulch and compost for all City projects. For all other mulch and compost that requires the Contractor to procure, the the Contractor shall: • Use Compost and Senate Bill (SB) 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovations, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). • Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to the City's Solid Waste Enterprise annually upon request. Information to be provided shall include: o General description of how and where the product was used and applied; o Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; o Quantity and type of each product; and o Invoice or other record demonstrating purchase or procurement A. General Operations 1. All areas shall be inspected daily and be maintained in a neat, clean, and safe condition at all times. 2. All drinking fountains shall be checked weekly and kept clean. Clean is defined as free of standing water, disinfected, free of calcium deposits or other encrustations, well-polished, and with drains/collectors cleaned of silt and debris. 3. All sidewalk areas within maintained areas shall be clean and cleared of debris at all times. 4. All leaves, paper, trash, and debris shall be removed from landscape and hardscape areas daily and disposed of offsite. 5. Trash cans provided by the City shall be emptied daily and washed after emptying when necessary, as determined by the City Representative (CR). All tops/lids shall RFP 23-151 Landscape Maintenance Services Page 24 of 135 CITY OF SANTA ANA be wiped clean weekly. All missing lids shall be reported immediately. 6. All concrete drains and other surface drains under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow daily. 7. All other drainage facilities shall be cleaned of all vegetation and debris daily, or as necessary. 8. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be immediately made safe and reported to the CR. 9. All barbecue grills, and hot coal containers, shall be emptied of all ashes twice weekly, once on Thursday and once on Sunday mornings. 10. All park benches, picnic tables, play equipment, and band shells shall be steam cleaned or pressure washed per the pressure washing schedule and specifications. Sanitization may vary with use. 11. Reserved picnic sites are a top priority. These sites shall be cleaned and blown by 8:00 a.m. daily, including weekends, holidays, and other times if deemed necessary. Pressure washing will be on a schedule, refer to the pressure washing section, but may require additional pressure washing as determined by CR. 12. The contractor shall spray monthly in all listed areas to control weed growth. 13. The contractor shall check all dog bag dispensers daily, and restock them as necessary. The contractor shall report missing and/or broken dispensers, on the same day, to the CR. The bags shall be provided by the City. 14. All tree limb failures shall be reported to the CR and collected along with any debris within 72 hours. 15. Six-Month Service: a. On January and July of each year the Contractor shall change out old flags and replace them with fresh, new all-weather flags to be provided by the City. Contractor shall follow all flag etiquette regarding the proper care, storage, delivery, and replacement of our American, City, and any other flags. Contractor shall deliver the old and worn flags to the the Park Services Inspector so flags properly folded and cared for. 16. Contractor shall inspect the basketball courts and tennis nets, and replace if required. The City will provide these materials. B. Specialty/Sports Areas 1. Sand Court Areas These areas include tot lots, play areas, volleyball courts, etc. a. All sand areas, including tot lots, shall be cleaned with a basket sand rake to remove leaves and debris and leveled daily. The use of hand- held or backpack blowers or other devices shall not be substituted for raking. b. Sidewalks adjacent to tot lots must be swept or blown daily. Care should be exercised to avoid any patrons using the tot lots. Contractor shall decide when to schedule maintenance activities around their use. RFP 23-151 Landscape Maintenance Services Page 25 of 135 CITY OF SANTA ANA c. All areas shall be kept free of weeds at all times. d. There shall be no spraying of weeds in sand court areas. e. Areas shall be edged and the turf surrounds maintained. If sand berms accumulate in turf, they must be removed and replaced with sod. f. All sand areas shall be rototilled monthly, at least three (3) weeks apart, to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand (approximately 12"). After rototilling, all areas shall be raked level. g. Sand shall be replenished as necessary to maintain optimum level in each area. Generally, six inches (6") below the top of the concrete curbing is acceptable. However, dependent upon play equipment footing, the final level shall be determined by CR for each area. Sand will be provided by the City but spread and leveled by the Contractor. h. In the event of storms and periods of excessive rainfall, or the sand court areas become flooded resulting in standing water, the Contractor shall remove the water immediately, as directed by the CR. Water shall be discharged to a safe area. 2. Hard Surface Areas These areas include concrete sidewalks, medians, skate parks, tennis courts, handball courts, basketball courts, bicycle trails, asphalt concrete (AC) walkways, and bandshells. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept or blown daily to remove all deposits of silt, sand, glass, and all foreign objects. c. All sports courts, stages, and bandshells shall be power washed per the pressure washing schedule, or as needed. The contractor will work with the CR to determine the schedule. d. Cracks and crevices must be kept free of weeds at all times. e. Sidewalks should be blown daily, reference Section A., General Operations, No.3. 3. Bicycle Trails/AC Walkways Special emphasis shall be placed on chemical edging along these areas to prevent damage to asphalt by vegetation. All such damage shall be repaired at Contractor's sole expense. 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails RFP 23-151 Landscape Maintenance Services Page 26 of 135 CITY 4F SANTA ANA DG walkways and trails require additional attention to be properly maintained. The two(2) most common conditions are an uneven surface and lack of moisture. Both issues can make the material unstable and sand-like, creating an unsafe surface. a. The integrity of the surface must be kept intact at all times. b. The contractor shall perform daily inspections of DG surfaces. c. Borders of DG areas shall be kept in proper repair and well-defined at all times. d. DG areas shall be kept free of weeds at all times. e. Monthly maintenance of DG areas shall be according to industry standards. f. Contractor shall immediately repair any DG areas where holes or ruts are apparent, or where the surface becomes uneven. g. Materials will be supplied by the City to maintain the integrity of the product. 5. Parking Lots, Bike Trails, and Roads These areas include parking lots and roads located within the boundaries of the parks, or areas directly adjacent to parks, and whose primary purpose is to provide vehicle parking for patrons. Street parking areas that are not meant specifically for park users will not be included in this section.Areas in doubt should be clarified with the CR. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept, blown, and/or vacuumed weekly to remove all debris and deposits of silt and/or sand and glass. c. Cracks and crevices shall be kept free of weeds at all times. d. Illegally dumped foreign substances, such as motor oil, shall be properly cleaned immediately. RFP 23-151 Landscape Maintenance Services Page 27 of 135 � CITY OF SANTA ANA SECTION II IRRIGATION The irrigation system consists of all components from the outflow side of the meter. The Contractor shall control the irrigation programming components with the coordination of the CR, while the CR will control those components operated by the central programming software Calsense. All manual control systems shall be directly overseen weekly, and in a manner, which allows the irrigation specification to be completed. Contractor shall employ a certified irrigation specialist per district, Zoo, and Civic Center. A. General Information Water management within the City landscape maintenance areas is guided by the following parameters: 1. Application of water to landscape plants at a rate closely matching the demands of plant material; 2. Minimizing runoff; 3. Water conservation and plant health are given equal consideration; 4. Roadway condition and safety; 5. Safe surfaces for community use; 6. Water budget; and 7. Plant health. B. Water Management Water conservation is a top priority for the City and shall be incorporated into all irrigation programming. The irrigation schedule is dynamic and regularly needs to be altered to meet the needs of the City landscape. CR shall determine the schedule and Contractor shall program the controllers to meet this schedule. Landscape irrigation is currently being switched to Calsense Central Control. It is intended that the City will perform water management responsibilities within the central control system. 1. City of Santa Ana irrigation system includes: a. Battery controllers (Hunter Nodes) in valve boxes b. Non-centrally controlled manual clocks c. Hydraulic valves d. Thermal valves e. Quick coupler systems f. Electric valves g. Solar-powered controllers (Left) RFP 23-151 Landscape Maintenance Services Page 28 of 135 � 1 CITY OF SANTA ANA 2. Controller programs shall incorporate the following: a. Calsense Central Control software shall be exclusively utilized for all controllers with available connections. Field checks shall be required to verify the success of programming as it applies to a specific location. Field checks will be the responsibility of the Contractor, who will report to CR. b. Water must be conserved while meeting the needs of the plant material. c. The City of Santa Ana Water Department (SAWD) management requirements shall be followed unless the CR approves an alternate schedule. d. Contractor shall avoid weekend watering unless approved by CR. e. Contractor shall water deeply and infrequently for all tree and shrub applications. f. Contractor shall utilize cycle/soak principles to encourage deep rooting of all plant material, especially turf. g. Evapotranspiration (ET) rates shall be utilized when considering programming. h. Contractor shall minimize runoff onto streets, sidewalks, and other non-target areas. i. Contractor shall provide sufficient time for the soil to dry out between irrigations. j. Contractor shall maximize community use of City property. k. Contractor will alter the irrigation programming to accommodate the field renovations to promote seed germination and establishment. 3. Irrigation systems shall be programmed to water between 10:00 A.M. and 6:00 P.M. (Monday- Friday) unless otherwise approved by the CR. 4. Contractor shall be responsible for programming all controllers(light energized Irrigation Technology, field controllers, battery-operated controllers, manual systems) not integrated into the central control system. 5. Program changes for the manual (non-centralized) controllers shall be done the same day of notification by the CR and changed per CR specification. 6. Verification of the updated irrigation schedule shall be the responsibility of the CR. The contractor shall work with the CR to ensure all programming changes have been entered and verified on the electronic programming log. 7. Contractor shall set and maintain the programming for the manual irrigation controllers to meet the criteria as stated above. The City reserves the right to inspect and monitor those settings and make recommendations to the Contractor. In case of a dispute, the CR will make the final determination. Any discussion of this type shall be recorded by the Park Inspectors on the work order form and kept on file. 8. In the event that any of the components of the irrigation system fail to provide full and proper coverage, Contractor shall provide alternate irrigation with full and proper coverage to all areas in the worksite at no extra cost to the City. 9. The controller program shall be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with the established Irrigation Association (IA), Metropolitan Water District (MWD), and Santa Ana Water Department (SAWD) guidelines recognized throughout the industry. RFP 23-151 Landscape Maintenance Services Page 29 of 135 CITY OF SANTA ANA 10. Any damage created by improper irrigation practices or neglect shall be the responsibility of the Contractor to correct, at sole cost to the Contractor. 11. No watering shall occur during the daylight hours unless associated with a repair, audit, manual system operation, or an alternate schedule is approved by the CR. 12. The operation of manual irrigation systems shall occur daily, Sunday through Monday, between 6:00 A.M. to 6:00 P.M. 13. All program changes shall be recorded on the electronic Irrigation Controller Program Log by Contractor. 14. City shall compare water meter readings to ensure that there is no excessive water use in any of the Contract areas. Contractor must meet with the CR to review these reports as necessary, or as directed by the CR. 15. Contractor shall turn off programmed irrigation systems immediately during periods when extreme rainfall exists or is predicted, and other times when suspension of irrigation is desirable to conserve water, as directed/approved by the CR. 16. Any time the irrigation system(s) are shut down for any reason, Contractor shall notify the CR immediately. Once CR acknowledges the necessity to turn on the water once again, controller activation shall begin within five (5) working days. 17. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for the greatest potential runoff. C. Maintenance 1. Contractor shall diagnose, maintain, and repair all irrigation components downstream of the remote control valve (RCV). The Contractor SHALL be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no additional cost to the City. Contractor will repair or assist in repairs for components downstream of the meter through Additional Extra Work (AEW). 2. Irrigation maintenance shall include, but not be limited to operation of the system, adjustments, repairs, modifications, improvements, testing, analysis, and other work as required. Some examples of regular maintenance include the function of electrical systems, backflows, controllers, valves, head alignment and spacing, and wiring operation. a. Components include but are not limited to irrigation controller, remote control valves, main and lateral lines, fittings, risers, sprinkler heads, quick couplers, drip systems (subsurface and surface), master valves, flow sensors,valve boxes,fertilizer injector systems, and tree watering systems. 3. All areas shall be irrigated to maintain specified growth and appearance determined by CR. 4. Handsets (Calsense, LEIT) may be required to operate the controllers. These will be supplied at Contractor's expense. 5. Proper alignment (vertical straightness, operational height of nozzle) will require raising/lowering/leveling of the sprinklers and shall be done at Contractor's sole expense. 6. Plants blocking the sprinkler pattern will require the technician to mark the plant material with paint and coordinate the trimming/removal with the CR. RFP 23-151 Landscape Maintenance Services Page 30 of 135 CITY OF SANTA ANA 7. Automatic controllers and/or enclosures shall be locked while unattended. Locks are initially supplied by the City, if lost or reckless the Contractor is responsible to replace with same or higher quality locks at their expense. City will replace worn or deteriorating locks. 8. All enclosures, including valve, controller, booster pump, etc., shall be kept free of all insects, rodents, and rust. Damage caused by insects, rodents, or rusting shall be repaired within five (5) calendar days at Contractor's expense. 9. All drip line valve filters shall be cleaned twice per year in February and November of every year. 10. All subsurface apertures shall have permanent lids affixed at all times and shall be kept free of overgrowth. Apertures include valve boxes, controllers,electrical and cable boxes, manholes, and backflow,devices. 11. Weekly Priority/Sports Turf irrigation audits shall be completed and electronically submitted to CR. 12. Should the CR be called upon to diagnose an irrigation problem that is Contractor's responsibility, the City's labor and material costs incurred will be deducted from the monthly payment to the Contractor. 13. All irrigation evaluation work requires a notification sign to be present for the duration of the work. 14. All sprinkler heads and emitters shall be adjusted to maintain proper coverage to ensure adequate flow. Adjustments shall include, but not be limited to actual adjustments to heads; cleaning and flushing heads, nozzles, lines, and screens; and removal of obstructions. 15. All irrigation systems shall be tested and inspected a minimum of one(1)time per calendar year quarter(Jan-Mar, Apr-Jun, Jul-Sep, Oct-Dec), regardless of controller type, and an electronic audit form shall be used to submit the results to CR quarterly by the 10th day of the month following that period (e.g., April 10th, July 10th, October 10th, and January 10th). Any requested changes shall be submitted for approval before implementation. a. An exception to the aforementioned is any battery-operated valve, which shall be inspected two (2) times per year. D. Repair 1. Contractor shall continually monitor and perform any necessary repairs from the outflow side of the meter. 2. City will provide materials to replace the RCVs and mainlines, see Section 2.6, Materials for the process. 3. The Contractor shall be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no extra cost to the City. Contractor shall make repairs to the satisfaction of the Director's Representative (DR). Contractor shall make repairs within 24 hours of being on notice of deficiencies to the lateral lines and/or rotors/heads. 4. Contractor shall contact the CR regarding structural failures after the meter (e.g. RFP 23-151 Landscape Maintenance Services Page 31 of 135 CITY OF SANTA ANA backflows, main and lateral lines, valves, central control, etc.) within twelve (12) hours of occurrence. Repairs requiring additional funds shall be proposed within 24 hours by contacting the CR. 5. All damage resulting from Contractor's operations shall be repaired or replaced before the end of the workday at the Contractor's sole expense. 6. All third-party damage or other needed repairs shall be completed by the Contractor, as indicated in the Specifications, and paid for by the City on a cost-per-repair basis. Repairs to the irrigation system shall be completed within 24 hours of approval by the CR on any component damage, including, but not limited to, broken irrigation lines and tubing, defective or broken valves, sprinkler heads, emitters, sprinkler head relocations, and other modifications as necessary. 7. If not able to make irrigation repairs in a timely manner, Contractor shall be responsible for watering all areas manually. 8. In addition to quarterly testing, all irrigation systems shall be tested and inspected daily if necessary, when damage or malfunction is suspected, observed or reported. a. Contractor shall repair malfunctioning controllers, quick couplers, manual or automatic valves, and sprinkler heads within twelve(12)hours of receipt of the verbal or written notice unless the field condition does not allow or per the direction of the CIT (City Irrigation Technician). b. Contractor shall correct deficient or irregular irrigation systems and equipment as necessary following verbal notification from the CR. c. Irrigation checks must be done immediately if plants begin to wilt, defoliate or change color. 9. All Sports/Priority Turf irrigation repairs shall be made within four (4) hours of approval by the CR. 10. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment will be made by the City nor billed by Contractor for repairs on equipment covered by the warranty. 11. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in irrigation frequency. Costs will be determined from comparisons of usage with historical usage for the same time period and be presented to the Contractor for review before deduction of payment. E. Personnel Contractor shall provide dedicated irrigation a personnel to the Contract Area, District 1, District 2, District 3, District 4, Civic Center, and the Zoo; whose primary and sole function shall be to properly operate, monitor and maintain the irrigation system within the listed Contract Areas Personnel shall be: 1. Fully trained and knowledgeable in all phases of the landscape irrigation system, including central control, site controllers, component maintenance, repair, and adjustment, and familiarity with all brands and models of irrigation equipment used within the City; 2. Personnell shall be knowledgeable of and proficient in current water management RFP 23-151 Landscape Maintenance Services Page 32 of 135 � concepts; CITY OF SANTA ANA 3. Capable of performing irrigation audits and providing a report; 4. Capable of taking direction from several City personnel, but particularly accountable to the City Irrigation Technician and the area gardener; and 5. Capable of verbal and written communication in a professional level of English. F. Materials The City shall supply irrigaton materials and supplies. However, there will be occasions when a repair is necessary and the City is out of inventory. In these cases, Contractor shall be required to supply the materials. Contractor is responsible for repairs, including but not limited to, irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems' remote-control valves (RCVs) at no extra cost to the City. 1. City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises this option, the following conditions will apply: a. All City purchases will be for the sole use of and for the City. b. Contractor shall secure and store inventory, distribute and control all material entrusted to its representatives. All materials and inventories shall be made available to the City upon request. c. All material given to the Contractor shall be inventoried by location using the electronic work order system. The replaced part shall be returned to the City to remove the replacement part from the outstanding inventory. 2. All replacement materials shall be original types and models unless a CR approves a substitute. 3. Contractor shall maintain, at no additional cost to the City, an adequate inventory of medium-to high-usage stock items to repair the irrigation systems. 4. Contractor shall implement repairs under all warranties. 5. All invoices, AEW, shall state labor and material costs. 6. The actual cost of all materials passed onto the City shall include the following: a. Wholesale cost (retail costs minus Contractor's discount) b. Applicable sales tax c. A markup of 10% maximum for all overhead costs and profits 7. The wholesale cost shall be the actual cost paid by Contractor reflecting the best price, including any discount given to Contractor(written receipt submitted with billing) 8. At no time shall the cost of materials exceed the retail cost from the current price list, minus any discounts. RFP 23-151 Landscape Maintenance Services Page 33 of 135 (9) CITY OF SANTA ANA The City desires to establish and maintain safe, healthy, well-suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.)when determining satisfactory results of landscape maintenance. RFP 23-151 Landscape Maintenance Services Page 34 of 135 CITY OF SANTA ANA SECTION III TURFGRASS The City desires to establish and maintain safe, healthy, well-suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level,with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. A. Maintenance—Overview Turf care shall be differentiated by the two (2) types of turf -"Casual" and "Sports/Priority" Turf. When the word "Turf' is not preceded by the word "General" or the word "Sports/Priority," it applies to both types of turf. 1. Casual Turf Mowing All "casual" turf(non-sport/priority turf) shall be mowed every other week, from October 31 st to February 28th of each year. "Casual" turf shall be mowed each week from March 1 st to November 1 st of each year. Each year the DR will select the dates in mid-November and mid-March when the Contractor shall transition from every other week mowing to once-a-week mowing. The Contractor shall use Kubota L5060 tractors, or approved equal, equipped with turf-type tires and tractor- powered Trimax ProCutS3-237 91" rotary mowers for the large turf areas greater than 69"wide and Trimax ProCutS3-178 69" rotary, or approved equal, detail mowers for areas between trees and other park amenities. The DR shall determine the height of the cut. 2. Sport/Priority Turf Mowing All "priority" turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2"- 3/4" unless approved by CR. To achieve a quality cut at this height and not leave clippings, the Contractor will perform a first cut using a rotary mower with clipping catching capability, followed by using a Kubota L5060 tractor equipped with turf-type tires and tractor- powered Trimax ProCutS3-237 91" rotary mower, an approved fairway or greens mower for medium size areas and a walk behind Jacobsen Eclipse2 reel mower for small areas. Note that the Contractor shall perform quality sports turf mowing and detailing to the DR satisfaction regardless of the equipment and methods the Contractor uses. The DR shall direct the Contractor to mow the priority turf lower than 1/2", if necessary. Note that the Ball Diamond Infield Maintenance Contractor shall be responsible for mowing turf infields, including foul territory turf areas, 36" beyond the skinned infield arc, and other designated ball diamond turf areas. Infield maintenance shall not be a part of this agreement. 1. The contractor shall maintain mowers that provide a smooth,even cut without ridges or depression and without tearing off the leaf blades; including sharp blades on all mowers. 2. All factory safety equipment must be fully operational. 3. The mowing schedule may be altered due to weather and/or other conditions upon approval from the CR. 4. Mowing shall be completed during one (1) single-day operation per given area. 5. The contractor shall not mow areas where the soil is over-saturated. 6. All litter shall be removed from the turf before each mowing. RFP 23-151 Landscape Maintenance Services Page 35 of 135 CITY OF SANTA ANA 7. Mowing shall be performed at the speed the mower's manufacturer specifies to maximize the quality of the cut. The emphasis shall be on quality mowing vs. speed and unprofessional patterns. 8. Mulching mowers shall be used to mow General Turf grass areas. Recycling blades and/or recycling decks shall be used in all areas where grass clippings will not be picked up. 9. Excessive clipping debris, as determined by the CR, shall be removed and disposed of offsite at the Contractor's expense. 10. String trimmers shall not be used for mowing turf. 11. Turf shall be mechanically trimmed with a grounded blade edger at the same time as mowing during the seasonal mowing cycle (twice per month in winter, once per week in summer). 12. The areas requiring edging shall include all hardscapes adjacent to turf, including sidewalks, curbing, planters, grave markers, historical plaques and markers, and other concrete entities, asphalt, concrete, paved areas, and DG. 13. All edging shall be done in a way as to not damage any hardscape entities. 14. Other fixtures such as but not limited to valve boxes, utility boxes, cleanouts, drains, signs posts, poles, benches,tables,and building foundations can be edged with the use of string trimmers, once an edging pattern has been properly established using an edger or sharpened shovel. Should the edged area begin to deform, CR shall direct the Contractor to repeat the detail process. 15. Property damaged by string trimmers or mowers shall be replaced/repaired immediately. 16. Sidewalks and other hard surfaces shall be properly cleaned after each edging, including grass stains or marks from the mowing process. 17. Trimming of grass around trees or planter beds in the turf area (12 to 24-inch distance from the object) shall be performed during the seasonal mowing cycle in such a manner as to avoid damage to the plants. a. Chemical edging and trim pattern establishment using a blade edger shall be completed when grass encroachment is within six (6) inches of the trunk or planter bed. 18. Any mechanical damage to tree trunks which is considered Contractor neglect shall result in a replacement planting, at the discretion of the CR. 19. Refurbishment of damaged turf due to Contractor negligence, including poor irrigation management, irregular turf evaluation intervals, and/or Contractor error shall be completed within seven (7) days of discovery and notation. 20. Turf shall be maintained within 6-12 inches of all appurtenances (e.g. walls, fences, transformers, etc.) 21. Detail lines shall be made straight and shall be maintained straight. 22. The contractor shall fill all divots, depressions, and uneven areas with sand, as directed by the CR. 23. The City reserves the right to require the Contractor to apply plant dye on specified plant material within 24 hours of notification to the landscape that has been stressed due to the Contractor's neglect. The dye will be applied at no additional cost to the City. RFP 23-151 Landscape Maintenance Services Page 36 of 135 (9) CITY OF SANTA ANA B. Inspections—Sports/Priority Turf The contractor shall inspect the sports fields or play areas daily. 1. All sports fields shall be kept at a level grade to provide a uniform height of turfgrass, by topdressing low places with clean sand. a. Depressions over 1" in depth, which lack turfgrass cover, shall be filled with weed-free soil to the existing grade. Rototilling may be prescribed by a CR. 2. The contractor shall inspect the sports fields or play areas for proper water drainage away from the playing surface. If drainage is not evident, irrigation programming in the affected area shall be required to prevent landscape failure. The contractor shall contact the CR for the proper irrigation management strategy, which shall be programmed within 24 hours. 3. The contractor shall inspect the sports fields or play areas for hazardous holes or depressions that may cause a player to trip. Those found shall be filled as directed in Section 3.2.1.an above. 4. The contractor shall remove stones and other debris that may interfere with play or cause injury. 5. The contractor shall inspect the sports fields or play areas to see that the soil absorbs irrigation and rain rapidly enough to provide reasonably good footing on the surface of the area. If improvement is indicated by the CR, Contractor shall contact the CR for direction. 6. The contractor shall inspect the sports fields or play areas to see if the turf surface is being irrigated evenly with a reasonable amount of water. Irrigation programming for Sports/Priority Turf is at the highest tier(Tier One—Turf Irrigation Reduction Priority Key). C. Casual Turf The scope of work for General Turf includes the following: 1. The mowing schedule shall be once per week from March 1 to October 31 and once every other week from November 1 to February 28, Monday through Friday of each week specified. 2. Not more than 1/3rd of the total leaf length shall be removed per mowing. 3. Mowing shall be completed in one (1) operation. 4. Turf shall be aerified a minimum of one (1) time annually in March using a solid tine aerator to a minimum depth of three (3) inches. 5. Casual Turf shall be renovated-overseeded one time per year, April through May. All seed quantities and types specified with either Kikuya or Marathon fescus shall be verified by the DR prior to any applications. The process for renovation-overseeding shall be as follows: 6. The turf shall be flailed down to W. All turf clippings shall be removed. 7. The contractor shall flag/mark all irrigation and site amenities and shall avoid hitting/damaging them with the aeration equipment. Any damage caused to the irrigation or other site amenities shall be repaired/replaced at the Contractors' expense. 8. The contractor shall coordinate with the CR to irrigate the causal turf to allow greater penetration for the aerator. RFP 23-151 Landscape Maintenance Services Page 37 of 135 CITY OF SANTA ANA 9. The turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). Contractor shall make two- passes in different directions per the DRs direction. 10. Contractor shall coordinate with the CR to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. 11. Once the CR verifies that the irrigation system is working efficiently, the Contractor shall overseed the turf using Stover Seed Company's AZ-1 Kikuyugrass or Marathon Fescus at a rate of 30 pounds per acre. During the germination period, the Contractor shall assume responsibility for programming the irrigation controller(s) to assure 100% germination of seed. 12. Immediately after overseeding the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination of seed. 13. The intent of overseeding is to have 100 percent turf coverage, re-seeding in bare spots shall include seed topper. 14. Cutting height shall be 2-2.5 inches, with final determination to be made by the CR. D. Sports/Priority Turf The Sports and Priority fields to be considered for this section are listed in Appendix II.This list is dynamic and will have fields added and removed periodically. The scope of work for Sports and Priority Turf includes the following: 1. Contractor shall mow once per week, all year. a. This may require mowing athletic fields when the rest of the park is not being mowed. 2. Contractor shall vary the height of cut depending upon the season, grass type, and growing conditions. The specific cut will be determined seasonally by the CR, but shall not be altered once the height has been determined for the season. a. Mowing height for warm season turf shall be .5-1.5 inches, with the CR guiding cutting height depending on the machines used. 3. Sports/Priority Turf in this Contract shall be mowed using a power-driven fairway reel mower or fine cut rotary mower. The quality of the cut will be determined by the CR and changes may be required if minimum standards still need to be met. 4. The mowers shall be maintained and sharpened to provide a smooth, even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions. 5. Contractor shall perform alternate mowing patterns to prevent wheel ruts. If ruts are made, the Contractor shall make repairs at its sole expense. a. Repairs for deep ruts may include sod-cutting of damaged areas, leveling of subsurface soil, and replacement of sod. b. Field may be taken out of play due to rutting, and the deductions for lost time shall be subtracted from the monthly payment to the Contractor. 6. Sports Fields Overseeding shall be renovated-overseeded each year per the Sports Annual RFP 23-151 Landscape Maintenance Services Page 38 of 135 CITY OF SANTA ANA Schedule. The DR shall verify all seed quantities and types specified in the contract before any applications. The process for renovation-overseeding shall be as follows: 7. Renovation downtime schedules effectively take the Sports Turf area out of service for several weeks (the schedule to be determined by the CR for a duration of 10 weeks). The goal of this period is to restore worn and damaged turf. This renovation procedure includes core aerification, fertilization, seeding, and grade restoration. These procedures shall be included in the cost proposal. A typical renovation includes: 8. The contractor shall install a 6' high temporary construction fence with stands around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeded in accordance with the park map depicting the sport/priority turf areas. Perimeter fencing shall be placed at the direction of the CR to avoid sprinkler damage and provide 100 percent water coverage. See aerial maps of sports field locations. 9. Turf shall be mowed down to W-1/2 ", or determined by CR. All turf clippings shall be removed. 10. Turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). The contractor shall make two passes in different directions per the DRs direction. 11. Turf shall then be vertical using the Kubota L5060 tractor equipped with turf-type tires and the Trilo VCU 200 Verticut implement. Following verticutting all turf clippings shall be removed. 12. The contractor shall coordinate with the CR to confirm that all irrigation has been tested and restored to original design specifications before overseeding. 13. Immediately after overseeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. 14. Once the CR verifies the irrigation system is working efficiently, the Contractor shall overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 65 pounds per acre; and, b) Stover Seed Company's Pro Sportsfield Supreme in the spring/summer at a rate of 65 pounds per acre. The contractor shall overseed all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser. 15. Immediately after overseeding the Contractor shall apply'/4" minus STA-approved compost topper from R&S Soils to all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser. 16. Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize the germination of seed. Once the renovation process is complete, the Irrigation Consultant shall retake control of the irrigation programming. 17. Plugs/cores shall be removed, or broken up (drag mat, mower) and spread over the Turf area being treated, at the time of aeration, to the satisfaction of the CR. 18. Flags identifying irrigation shall be removed by Contractor immediately after aerification. 19. City-supplied signs indicating a field renovation is in progress shall be posted. 20. The contractor shall secure all the seed materials at the beginning of the season in RFP 23-151 Landscape Maintenance Services Page 39 of 135 (9) CITY OF SANTA ANA advance to avoid shortages or'but of stock" scenarios. E. Renovation Process Shall have the CR, unless approved otherwise, during the rennovation process: 1. Day 1 a. Irrigation audit, ensure coverage and adjust sprinklers heads to 1/2:" below grade. b. Aeration (the Kubota L5060 tractor equipped with turf-type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal)) 2. Day 2 a. Scalping and vertical cutting. b. Following verticutting all turf clippings shall be removed. 3. Day 3 a. Apply seed and drag-in to level surface, coordinate with CR to verify seed type and quanitites b. Immediately after over-seeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. c. Apply light topper dresser(apply '/4' minus STA-approved compost topper from R&S Soils) 4. Day 4 a. Coordinate with CR for the watering program 5. Day 5 -Completion a. Inspect daily and monitor germination. In the last two (2) weeks of the rennovation period, the mowing shall be done in intervals. RFP 23-151 Landscape Maintenance Services Page 40 of 135 SECTION IV EDGING & DETAILING A. General Specifications 1. All edging shall be performed with the use of a gas-powered blade edger or CR-approved substitute. Stick edgers shall not be used. 2. Chemical edging is allowed along edges such as trees, fence lines, curbs, etc., as directed by the CR. The contractor shall not use chemical edging in areas not authorized by the CR. 3. If chemical detailing is performed, the Contractor shall use a string trimmer to remove the treated vegetation within one (1) week after symptoms of phytotoxicity become recognizable. a. Plants (i.e. trees, shrubs, groundcovers, annuals) with noted phytotoxic damage from an herbicide edging treatment shall be removed within one (1) week of observation and replaced with like-sized plants. 4. The contractor shall detail turf no further than 12 inches away from all hard surfaces, including walls,fences, curb lines, roadways, pathways, and landscape surfaces(e.g.trees, shrubs, beds, etc.). a. Detail lines shall be made straight and shall be maintained straight. 5. The contractor shall supply, at Contractor's own expense, replacement plants to reduce any existing bare soil areas along walls and fences that are wider than 12 inches that have been caused by the Contractor's neglect. 6. Edging/detailing shall be performed at the same time mowing occurs. 7. All edging/detailing shall be performed with the use of a McClain's edger or an approved substitute walk-behind or fixed blade stick edger. The contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. 8. The Contractor shall detail around trees, along wallsifences, and other amenities first using a sharpened shovel cut to establish a concentric round circle around trees,poles,etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform, the Park Services Inspector Supervisor shall direct the Contractor to repeat the detail process. Shovel-cut detailing shall be repeated as often as necessary to maintain crisp evenly round/straight lines. In the event that the circle becomes too great, the DR shall direct the Contractor to sod the area around the tree at the Contractor's expense to the size instructed by the Parks Services Inspector Supervisor. RFP 23-151 landscape Maintenance services Page 41 of 135 SECTION V GROUND COVER The City's goal is to encourage the proper care and growth of groundcovers, maintained within the confines of their growing areas, free of weeds and without a prevalence of bare spots or unhealthy plant material. Groundcover beds should create a natural, pleasing appearance in all areas. A. General Specifications 1. Groundcovers shall be pruned and maintained according to accepted industry practices and consistent with the intended use. 2. Groundcovers adjacent to hardscape such as sidewalks, walkways, playgrounds, sport courts and parking lots shall be edged weekly in one (1) operation with the turf edging, 3. In locations where turf is not present(i.e. parks, medians, empty lots), groundcovers shall be edged monthly, or as determined by the CR, to present a clean and neat appearance and to keep the plant material from impeding foot traffic. Care shall be taken not to expose bare soil. 4. Edged ground cover will not be allowed to develop a build-up with a sheared face along the sidewalk or curb edges. Groundcover height shall not exceed six (6) inches without a beveled edge (i.e. leaning edge even with sidewalk with lower edge angled inward). S. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all ground cover beds. 6. Plant material damaged by Contractor-applied herbicides shall be replaced at Contractor's expense. 7. The use of pre-emergent is strongly recommended in areas with overhead irrigation. In some instances, weeds may be removed by mechanical means as approved by the CR. Pre-emergent herbicide cost shall be included in the cost proposal. 8. The contractor shall keep groundcover trimmed back 6-12 inches from all controller units, irrigation heads, valve boxes, quick couplers, up-lighting, or other appurtenances or fixtures. 9. The contractor shall not allow groundcovers to grow up trees, into shrubs, or on structures or walls. The contractor shall keep groundcovers trimmed back approximately 6-12 inches from structures or walls. 10. Any paper or litter that accumulates in ground cover areas shall be picked up daily. 11. Mulch shall be applied to all planting areas two (2)times per year, once in the spring (Apr- Jun), and again in the fall (Sep-Nov). 12. Bare soil areas in ground cover beds shall be replanted or mulched as required. The Contractor shall apply US Composting Council STA-tested approved mulch 3"- 4" minus by 2" thick. a. No bare soil areas are permitted in the ground cover areas. All bare soil areas shall be cultivated to 6" deep weekly while awaiting fresh mulch. 13. Ailing and/or stunted groundcover which fails to meet expected growth shall receive additional nutrient treatments to correct deficiencies or shall be replaced by Contractor at RFP 23-151 Landscape Maintenance Services Page 42 of 135 its expense. If groundcover failure is determined to be due to improper treatment and/or neglect by the Contractor, replacement shall be performed at Contractor's expense within five (5)working days. B. Mulching of Bare Areas 1. In all shrub areas where bare soil is visible, the Contractor shall apply US Composting Council STA tested and approved compost mulch W-4" minus by 2" thick minimum twice per year(third week of January and July) and as necessary to maintain uniform and complete coverage. leaf litter and other organic materials other than mulch shall be removed continuously. a. All bare soil areas shall be cultivated to 6"deep on a weekly basis while awaiting fresh mulch. RFP 23-151 Landscape Maintenance Services Page 43 of 136 SECTION A SHRUBS The primary objective for maintaining shrubs and other plant material within the City's landscape is to create a natural, aesthetically pleasing appearance throughout all areas. Shrubs to include and not limited to cacti and succulents and other plant material shall be pruned only to allow new growth to develop within the confines of planters and beds and should have soft rounded edges in most applications.The use of powered equipment must be approved before use. A. General Specifications 1. Shrubs shall be pruned quarterly, or as required, for safety, removal of broken or diseased branches, general containment, and appearance. 2. Shrubs shall be pruned, as required, to ensure vehicular and pedestrian visibility and clearance. 3. All bare ground shrub areas, not inter-planted with ground cover, shall be cleaned a minimum of one (1) time per month. Cleaning shall be accomplished without removing significant amounts of any present mulch. 4. Plant material encroaching onto or from City property shall be trimmed back to the property line. At City's discretion, depending on circumstance, plants growing over fences and sidewalks from private property adjacent to contracted areas will also be trimmed back to the property line. 5. All gasoline-powered equipment used for pruning shrubs shall be approved by the CR. 6. Ailing, stunted, and/or dead shrubs, as a result of circumstances beyond the Contractor's control, shall require a proposal for replacement within five (5) working days and shall be restored within one (1)week of obtaining a signed proposal for Supplemental Work. 7. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients, at no additional cost to the City, within five (5) working days of discovery. 8. Shrub failure due to Contractor's neglect or improper treatment shall be replaced, at Contractor's sole expense, with like kind and -sized plants, within five (5)working days. 9. The contractor shall prune shrubs according to accepted industry practices and consistent with the intended use, as well as to retain as much of the natural informal appearance as possible. Final standards will be the decision of the CR. a. For accepted industry practices, the Contractor shall refer to the AHS Standards'Pruning and Training' manual, latest edition. b. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance. c. The contractor shall remove any spent blossoms or dead flower stalks as required for a neat, clean appearance. d. Shrubs and mounding shall not exceed two(2)feet in height within areas required for vehicular sight distance, depending on roadway topography. 10. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all shrub beds. The use of pre-emergent is strongly recommended and will be at Contractor's expense. In some instances, weeds may be removed by mechanical means as approved by the CR. 11. Any paper or litter that accumulates in shrub bed areas shall be picked up daily. RFP 23-151 Landscape Maintenance Services Page 44 of 135 12. Mulch shall be applied to all shrub/planter bed areas, including medians, two (2) times per year, once in the spring (Apr-Jun), and again in the fall(Sep-Nov).See mulch specifications Section V, Letter B, Mulching of bare areas. 13. "Box hedging" may be required on some shrubs, as designated by the CR. Shear hedging or severe pruning/trimming of plants, unless authorized by the CR, shall not be permitted. 14. Topping of plants whose natural growth stems from the base of the plant shall not be permitted. 15. The contractor may occasionally be requested to raise the bottom of the shrubs for security reasons. 16. All shrubs without ground cover shall be mulched. No bare ground areas shall be acceptable. RFP 23-151 landscape Maintenance Services Page 45 of 136 SECTION VII VINES Vines shall be encouraged to grow and flourish by continually maintaining proper care in accordance with AHS Standards. A. General Specifications 1. Vines and espalier plants shall be checked and removed as needed to allow for proper growth. The contractor shall secure vines with appropriate ties to promote directional growth on supports. The contractor shall not use nails to secure vines on masonry walls. 2. Pruning of vines shall be in accordance with good horticultural practices, as defined by the AHS Standards 'Pruning and Training' manual, latest edition. 3. Vines shall be pruned only to allow for new growth to develop and to control/direct plant size. 4. No more than 113rd of the vines should be pruned at any given time unless directed by the CR. 5. The contractor shall have deep water vines in pockets not provided with sprinklers, as required to promote optimum growth. 6. Weed control shall be applied monthly to control all emergent weeds. In some instances,weeds may be removed by mechanical means as approved by the CR. a. The use of pre-emergent is strongly recommended to control broadleaf and grassy weeds. 7. Any paper or litter that accumulates in vines and surrounding areas shall be picked up daily. 8. Mulch shall be applied to all planting areas two (2) times per year, as necessary, once in the spring (Apr-Jun), and again in the fall (Sep-Nov). 9. Vines shall not be allowed to grow past the designated area. All areas explored by the vine outside of the planting area shall be removed at the Contractor's expense. Any structural damage done by excessive vine growth shall be restored within one (1) week at Contractor's expense. RFP 23-151 Landscape Maintenance Services Page 46 of 135 SECTION VIII TREES It is essential for the City to continue to develop and maintain an urban forest within its parks and backup areas. The contractor shall prune trees to comply with ISA standards and maintain their characteristic shape, density, and texture. The center of gravity, or location of the mass,per tree,is close to the center and close to the ground, enabling the trees to withstand strong winds. Thus, the Contractor shall not thin or "lace out" dense foliage, except for outside branches. The Contract will include a large number of newly-planted trees and reforested areas. Tree pruning specifications for all trees over 15 feet are covered under a separate tree maintenance contract, except for the requirements to raise trees for clearance. A. General Specifications 1. The contractor shall raise all trees, as required, to allow twelve-foot(12') clearance within park boundaries and fifteen-foot(15') clearance above road surfaces for vehicular traffic. 2. All trees shall be pruned as required to remove broken, crowned, dead, hazardous, and infested portions for safety reasons. 3. The CR shall be informed immediately of any hazardous trees. 4. All pruning shall be done by the use of proper tools, per ISA Standards, and disinfected after each tree is pruned to prevent the spread of disease and pathogens from one tree to another. 5. Topping trees shall not be permitted. Any pruning shall be done by those experienced and skilled in pruning techniques. 6. All cuts shall be done using proper horticultural practices. Dressing wounds is not allowed. 7. Tree stakes,ties, and guys shall be checked and corrected or replaced as needed and removed when no longer needed. 8. Ties shall be adjusted to prevent girdling. 9. Under no circumstances shall stripping of lower branches (raising up) of young trees be permitted. tower branches shall be retained in a"tipped back" or pinched condition with as much foliage as possible to promote caliper-retained growth (tapered trunk). The contractor shall contact the CR with any questions or concerns. 10. Downed tree debris, of all sizes, shall be cut up and removed within 48 hours of discovery. The contractor shall be responsible for chipping and green waste disposal. 11. Newly planted trees, either by the Contractor or the City, shall become the responsibility of the Contractor if they fall within the height specification. B. Trees Under 15 Feet 1. The contractor shall prune out branches extending beyond a tree's shape(foliage perimeter). 2. The contractor shall prune to control size and shape. 3. Cuts shall be inside the perimeter of foliage, almost flush with a parent branch, but not harming the collar area. No butts or stubs shall be permitted. Old stubs with an outgrowth of multiple shoots shall be removed. RFP 23-151 Landscape Maintenance Services Page 47 of 135 4. The contractor shall prune off lower branches high enough for traffic clearance. 5. The contractor shall cut out dead, crossing, rubbing branches, and v-shaped crotches. 6. The contractor shall undercut branches over two (2) inches in diameter before final cut is made close to a scaffold (main) branch. Shredded, torn or ripped branches shall be re-cut cleanly. 7. An exposed wound, as where a branch was removed, shall remain exposed. The contractor shall not paint or apply any substance on wounds. 8. Trees close together shall be separated by the removal of intermingling branches. The exception is a large hedge or windbreak consisting of one (1) species. 9. All newly planted or young trees shall be double-staked by the Contractor and secured properly with CR-approved ties. a. The contractor shall use only City-approved staking materials. b. The contractor shall always remove nursery stakes on young trees and replace them with double staking when trunk strength allows. c. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the CR. d. Tree stakes shall be set a consistent distance(minimum six[6] inches) away from the trunk of the tree to reduce abrasion. e. The tops of tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of the main or lateral branches of the tree. 10. A tree too heavy for support by stakes shall have equally-spaced guy wire ties to stakes and shall be inspected for possible removal. The wire shall be on a 45-degree angle with the tree trunk. a. Locations for the use of guy wires shall be determined by the CR. b. Ties shall always allow for tree movement between stakes and tree trunk. c. The contractor shall loosen or remove tree ties upon discovery that ties are too tight before ties girdle a branch or trunk. d. The contractor shall remove stakes or tensioned cables(guy wires)from a tree trunk that is immovable in wet soil. 11. Any tree stakes or ties that are broken, loose, or damaged shall be removed immediately. If the tree is less than one (1) year old or immature and requires continued support, new ties and stakes will be required. 12. Fertilizers, pre-approved by the CR, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar micronutrient applications. 13. All trees located in Casual, Sports/Priority Turf areas shall have 2" of STA approved Y-4" compost mulch installed around the tree ring continuously. 14. The Contractor shall have an ISA Certified Arborist On-call employee able to provide a risk assessment.The contractor will only charge,AEW,the arborist time to investigate and create a risk assessment. The arborist can be asked to meet with residents, the public, or elected officials to discuss tree conditions. RFP 23-151 Landscape Maintenance Services Page 48 of 135 SECTION IX LAKE MAINTENANCE A. General Specifications The lake water quality, algae, and aquatic weed control are maintained by a separate contractor. The Specifications for this Contract include the management of the trash, leaf, and branch debris, and habitat evaluation. 1. The following lakes are to be serviced as apart of this Contract: a. Centennial Park b. Thornton Park 2. Water, lake and stream bottoms, surrounding embankments, riprap areas, and sidewalks shall be inspected daily and kept free of litter and debris at all times. This shall include but is not limited to trash, litter, dead fish, fishing line, bird droppings and/or deceased waterfowl, and un-anchored plant debris. a. Skimming equipment capable of a 20-foot reach shall be required to remove the aforementioned items from the subject lakes. b. The contractor shall remove any dead wildlife immediately, and report to the CR. 3. Park equipment such as trash cans, decorative boulders, and park benches that are periodically placed in the water shall be immediately returned to their appropriate locations, and the CR shall be notified. 4. Excessive leaf drop and other debris which results in reduced stream flow or surface collection shall be removed weekly. RFP 23-151 Landscape Maintenance Services Page 49 of 135 SECTION X PEST CONTROL A. General Specifications Integrated Pest Management (IPM) principles govern the oversight and management of pest pressures. For this reason, biopesticides have been chosen as a primary control method whenever horticultural management criteria deem the anticipated result to be satisfactory. Combined with a sound IPM program, pest control through prevention, cultural practices, exclusion, natural enemies, and host resistance offers the safest, most effective means of producing high-level plant material. The City is concerned with the safety of wildlife and, therefore, the Contractor shall be expressly prohibited from using anything that may result in direct or secondary poisoning and harming of organisms. Contractor shall employ a certified pesticide applicator to implement the IPM specifications. 1. 1PM, under this agreement, will apply to planters, tree rings, hardscapes, parking lots, sidewalks, sports courts, etc. Agricultural pest control services for casual, sports, and priority turf shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. 2. The contractor shall manage economic thresholds of plant pests including insects,diseases, weeds, and vertebrate damage, as defined in this section. 3. The contractor shall obtain any necessary permits to comply with City, County, State or Federal regulations or laws to perform such control. 4. By submitting a proposal, the Contractor assumes responsibility and liability for the use, storage, containment, and cleanup of all pest control management materials. 5. Any failure on Contractor's part to abide by City, County, State, and Federal laws or regulations, and the Specifications contained in this section, may result in a default of this Contract. 6. Fines levied against the City as a result of the Contractor's failure to abide by regulations shall be Contractor's responsibility to pay. 7. Contractor shall use all materials in strict accordance with the most current Federal EPA and Cal-DPR regulations, applicable sections of the California Food and Agricultural Code, Title 3, and regulations within the Healthy Schools Act(HSA). 8. The contractor shall maintain the appropriate licenses, and categories within the Licenses, including Pest Control Business License (PCB) and Qualified Applicator License (QAL- categories ABCF). 9. The contractor shall use specified pesticides only. B. Procedure This section shall serve as the primary guideline for pest control operations. Weeds represent the majority of work within this Contract. All applications shall be completed in a safe manner utilizing safety procedures outlined in Appendix A, Terms and Conditions. 1. The contractor shall submit a comprehensive treatment schedule to maintain all working intervals (daily, weekly, monthly, quarterly, and yearly). a. This schedule will be entered as work orders into the City database and closed out after the application has been deemed satisfactory. Completed work orders RFP 23-151 Landscape Maintenance Services Page 50 of 135 shall be indicated by control of the specified pest, not completion of the application. 2. Restricted material applications, and HSA applications, require a notice of intent (NOI) posting to the County Agricultural Commissioner, as well as to the City. The contractor must have written confirmation back from the CR before the start of the application. This written confirmation requirement may be waived upon the completion of successive treatment cycles; notification of this nature will be made in writing to the Contractor via email. 3. The contractor or Contractor's representative shall scout the landscape material for harmful pests regularly and thoroughly. The contractor assumes the primary role in this responsibility. 4. The CR shall inspect all areas of the landscape when infestations of harmful or unwanted pests are located by Contractor and will submit a plan of action to the Contractor. a. A written recommendation shall be issued by the CR to indicate the plan of action when a pesticide is required to be used as a control method. 5. A copy of the monthly Pesticide Use Report (PUR) for all pesticides shall be filed with the County Agricultural Commissioner no later than the 10th of every month for the preceding month. a. A copy of the PUR shall be sent and received by the City at the same time the report is filed with the county. 6. Pesticides shall be applied at times that limit the possibility of contamination from climatic or other factors. a. Early morning application shall be used when possible to avoid contamination from drift. b. All applications shall be scheduled after checking the NOAA weather notification system for potential rainfall. All indications shall be for rain-free weather 48 hours post application. 7. Care shall be taken in transferring, mixing, and applying pesticides to prevent contaminating areas outside of the target area. a. Application methods shall be used to ensure that materials are confined to the target area. 8. Treatment includes the application of the pesticide, as well as the re-entry period following the application. The contractor shall be responsible for maintaining the treatment area throughout the re-entry interval. 9. Spray tanks containing leftover materials shall not be drained on-site. Dumping of tank contents is illegal. a. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code, EPAIDPR regulations, NPDES permit requirements, and all other applicable laws, rules, and regulations. 10. Irrigation water applied after treatment shall be reduced to eliminate runoff.When water is required to increase pesticide efficacy, it shall be applied in quantities each area is capable of receiving without a runoff. 11. Pruning is an effective prevention of an epidemic of insects and diseases(e.g. pine tree tip moth,juniper twig girdler, tree borers, fire blight). The contractor shall prune away infected RFP 23-151 Landscape Maintenance Services Page 51 of 135 parts and dispose of them off-site. The contractor shall sterilize pruning equipment before moving to the next plant. 12. Handling requirements may apply during transport to another location (e.g. bagging of tree limbs containing borers). 13. Snails shall be controlled regularly by Contractor before becoming an epidemic. Biopesticides containing iron phosphate or other molluscicides, shall be initiated by Contractor early in the infestation. All reasonable precautions shall be used by Contractor to minimize health risks to non-target organisms. The City will not tolerate epidemics of snails. 14. Cleanup of hazardous material releases, to the extent indicated by the governing agency, is the responsibility of Contractor. RFP 23-151 Landscape Maintenance Services Page 62 of 135 SECTION A WEED CONTROL A. General Specifications A weed is defined as any plant growing in an area where it interferes with the intent and expectation of the landscape. The City expects all areas to have minimum weed populations due to the frequency of management intervals. 1. All weed control material shall be approved by CR prior to using. 2. All weeds shall be addressed, as indicated, in the frequency of management intervals. The Specifications, in general, indicate monthly weed control with a specified herbicide; however, if required to alter the existing intervals for certain areas for higher quality Holi cultural outcomes (e.g. parking lots, planters, sidewalks, etc.) 3. Weed heights of four (4) inches or greater are an indication of improper weed control treatment and/or intervals. Weedy areas will be brought to the attention of Contractor in order to gauge the reason for the deficiency. Remediation of the problem, if deemed a Contract deficiency, shall be within five (5)working days. 4. String trimming, in the absence of chemical treatment, may be used to control a weed population, but satisfactory weed control is measured by both results and the visual aesthetic of the planted area. 5. Manual weed control may be substituted for chemical weed control in some instances to maintain the proper interval (e.g. windy or rainy conditions which prevent chemical treatment). C. Damage to plants caused by weed competition and herbicide application shall result in replacement plantings at Contractor's expense. B. Weed Control of Hard Surfaces Contractor shall apply an approved herbicide, in the prescribed interval, to remove and control weeds growing in cracks, expansion joints, patios, gutters (cementlasphalt interface), interior park roads, hardscapes, and other contiguous City landscape-hardscape interfaces, in order to maintain the landscape aesthetic. 1. Areas adjacent to paved surfaces shall have minimum margins of relief provided by chemical weed control. a. Systemic, non-selective weed control of adjacent roadside lawns shall not have in excess of twelve (12) inches of bare soil between the lawn and roadway edge. b. Overspray or excessively bare margins shall require replacement plants to be installed. C. Weed Abatement of Fallow or Undeveloped Lands Contractor shall periodically mow unwanted weeds in open space areas, wild areas, and undeveloped portions of City landscapes and vacant City lots. 1. Contractor shall perform weed abatement processes, which maintain the weed population below eight(8) inches, when required throughout the year, but not to exceed four(4) times annually. 2. Any additional frequencies or areas will be paid for as Additional Extra Work(AEW). RFP 23-151 landscape Maintenance services Page 63 of 135 3. Mowing these areas shall be accomplished with a flail mower or weed eater type unit and shall be preceded with an herbicide application to maintain a weed-free appearance. Spoils shall be left on top as a mulch at the end of mowing. 4. Additionally, areas shall be maintained monthly for trash and dumped items. RFP 23-151 Landscape Maintenance Services Page 54 of 135 SECTION XII LITTER&DEBRIS MANAGEMENT A. General Specifications Contractor shall provide general cleanup on a daily basis, unless otherwise specified, for the purpose of emptying trash cans and picking up papers, trash, discarded items or debris which may accumulate in the landscape areas; hardscapes within the site(sidewalks, pathways, parking lots, sports surfaces); those City sidewalks that lie directly adjacent to the park or transverse and dissect the median island, vacant lots or backup lots; and all curb and gutter lines that encircle these same sites. This list also includes all other adjacent hardscape elements deemed by the CR to be part of the inventory of the respective Contract landscape areas, lakes, playgrounds, parking lots, internal roadways, and all other park and open space areas. B. Schedule 1. All trash cans shall have full bags removed and replaced with a clean liner by 12:00 p.m. daily. 2. Replacing all plastic trash can liners shall be part of Contractor's routine cleaning process. 3. All litter and debris cleanup shall be performed between the hours of 6:00 a.m. — 12:00 p.m., Monday through Sunday, unless otherwise noted. a. Reserved picnic sites are a priority and shall be cleaned daily by 7:00 a.m., including weekends, holidays, and for special events. Pressure washing may be required as determined by the CR. 4. A route, or order of facilities, that Contractor will follow shall be submitted to the CR and updated as necessary. a. The CR shall be notified immediately if this schedule cannot be met on a particular day. 5. All parking lots and roads shall be swept, blown and/or vacuumed free of debris a minimum of once weekly. This does not replace daily trash and debris clean up. 6. Contractor shall remove all debris resulting from its operations daily and dispose of it off-site at the time of occurrence. a. All debris resulting from any of Contractor's operations shall be removed and disposed of at Contractor's sole expense. No debris shall remain at the end of the workday. 5. All walkways shall be kept cleanlclear of debris and plant growth. Care shall be taken not to create unnecessary hazards to pedestrian, bike, or car traffic. 6. Contractor shall not blow grass cuttings/debris into public streets or g utters that have not been previously swept or vacuumed clean. a. Contractor shall remove debris generated adjacent to landscape areas (i.e. sidewalks, streets, gutters, medians). b. All second notice violations will be immediate deductions. 7. Should illegal dumping occur to any of the Contracted sites, immediate disposal shall be performed at no additional cost to the City. Any such dumping shall be reported immediately to CR. 8. Soil spoils on curb areas, including street medians and gopher soil disturbances, shall be cleaned weekly from all areas. RPP 23-151 landscape Maintenance ServIces Page 55 of 135 C. Pressure Washing The contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation to perform the cleaning services as set forth herein. 1. Pressure Washing: Power washing with the use of hot high-pressure water sprayer (which shall include high pressure hot water washing) for the 100% removal of dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit. 2. Accumulated water remaining after the cleaning shall be removed completely so no puddling exists. 3. During regular cleaning operations, the contractor shall use high pressure, low-volume washers, and steam cleaner as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surfaces. 4. The nozzle pressure of equipment shall not be so great so as the dislodge tile/paver grout or cause damage to hardscape or surfaces. 5. All trash, debris, tar, freestanding oil, grease, liquids, "green waste, "food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substance, and contaminants shall be removed from hardscape and park amenities upon completion of power washing. 6. Contractor shall provide monthly pressure washing schedules. 7. The Contractor shall pressure wash each each designated area with the following recurrence: a. Weekly Basis L Gazebos or Patio Structures ii. Benches, BBQ's, picnic tables, drinking fountains, other park amenities iii. Playgrounds, equipment and surface iv. Exercise Equipment and surfaces V. Restroom perimeter to include the exterior of the building and the hardscape with 25' radius a. Bi-Weekly Basis i. Sports Courts (Tennis, basketball, volleyball, handball to include the court walls, etc.) ii. Trash Receptacles iii. Bleachers to include 25' radius around locations iv. Dugouts and benches V. Doggie Stations vi. Kiosk and Educational Signs RFP 23-151 Landscape Malntenanee Services Page 56 or 135 SECTION XIII UNHOUSED AREA CLEAN UP &TASKS A. General Specifications 1. Contractor shall be responsible for cleaning miscellaneous trash items left by unhoused individuals during Contract hours. 2. Contractor shall remove and properly dispose of abandoned items(trash)daily. 3. Interaction with homeless maintenance contractor, CR, City officials and staff, and/or law enforcement personnel may be necessary as it pertains to securing and restoring the imprint. 4. Contractor shall report to the CR regarding interference in contractual execution (unable to mow, pick up trash, etc.) due to unhoused individuals, within 24 hours. 5. Contractor shall report any threatening individuals to the CR immediately. 6. All personal belongings shall be properly bagged and identified with a tape tag indicating location name, date and time of removal, and truck number. These bags shall be stored at a City location. i i RFP 23-151 Landscape Maintenance services Page 57 of 135 SECTION XIV DRAINAGE APERTURES A. General Specifications 1. Contractor shall inspect surface drains (i.e. catch basins, flow structures) located within the landscaped areas daily. 2. Surface drains, including catch basins where applicable, shall be maintained free of obstruction and debris at all times to ensure proper drainage. 3. Contractor shall remove any debris or vegetation that might accumulate to prevent proper flow of water. 4. During periods of inclement weather, Contractor shall take extra care to ensure all drains and drainage areas are kept clear of debris and that water is draining properly. 5. All costs incurred by the City to repaired damage due to improper drain cleaning will be recovered from Contractor. RFP 23-151 Landscape Maintenance Services Page 58 of 135 I SECTION XV PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 1. Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, groundcover or flowers. 2. Work shall be considered as AEW unless otherwise specified. Exceptions are replacements due to Contractor's negligence, as determined by the CR. 3. Contractor shall replace all damaged plant material due to Contractor's negligence within five(5)working days. RFP 23-151 landscape Maintenance Services Page 69 of 135 SECTION XVI GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 1. Plant Health Care(PHC): The Plant Health Care approach to managing trees and shrubs recognizes that, in most cases, plant health problems are the result of many factors, not just a single agent. PHC takes a holistic approach when making management decisions that focuses on plants and their interactions with the living and nonliving elements of the landscape. 2. PHC attempts to prevent problems before they start. Managing plants health involves proper planning, plant selection and a wide range of cultural practices aimed at improving site and soil conditions. When combined with careful monitoring to identify pests in the initial stages these practices greatly reduce dependence on pesticides. 3. All new plant material and irrigation installations shall be guaranteed for a period of one (1) calendar year, unless damage or death of plant material is due to wind, storm,vandalism, riots, war, fire, flood, earthquakes or other events over which the Contractor has no control. 4. Existing plants shall be replaced by Contractor if it is determined by the CR that they were damaged or destroyed due to Contractor's negligence. RFP 23-151 Landscape Maintenance Services Page 60 of 135 SECTION XVII REPORTS AND SCHEDULES A. General Specifications Contractor shall submit reports and schedules as requested and as outlined below and in Appendix A and Appendix B. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a deduction. All reports and schedules shall be either provided by, or in a format approved by the City. B. Reports 1. The following are required reports and frequency of delivery by email and followed up by phone call to CR: a. Personnel staffing by area, total employees,total hours--as submitted to DIR b. Pesticide application reports—daily, including NOI c. Pesticide Use Reports—monthly d. Incident and Accident Reports— immediately e. Hazard Reports— immediately f. Refuse--shall be kept on file by Contractor and correlated with an invoice g. Fertilizer application (if applicable)--daily, by site, amount, date, material h. Water truck(if applicable)—gallons per week i. Irrigation system malfunction (central control) or shut down—monthly j. Vandalism—weekly, by site k. Homeless encampments—weekly I. Sports field renovation schedule—will be provided by CR. m.Lake problems or challenges—immediately n. Damage to appurtenances—immediately o. Plant replacement, by area—immediately p. Emergency call out log —monthly q. Consumable goods log--monthly r. Irrigation audits—monthly s. Hardscape cleaning--monthly t. Pest control advisor recommendations — as required by California Code of Regulation u. Safety inspection log for Contractor's yard, equipment, performance - monthly v. Additional Extra Work—weekly, as requested w.Vacant lots log contract completion—quarterly x. Tot lot rototilling—monthly y. DG pathways repair/maintenance—monthly z. Bike trails/Asphalt Cement walkways—monthly RFP 23-151 Landscape Maintenance Services Page 01 of 135 aa. Pressure washing amenities and playgrounds— monthly 2. Additional reports may be occasionally required to assist the City. These reports shall be detailed, thorough and may include, but not be limited to, the following: bb. Suggestions for improving problem areas; cc. Proposal needed prior to performing any Supplemental Work; and dd. Large scale projects. C. Schedules 1. Monthly Maintenance Schedule Contractor shall provide a maintenance schedule to the City in calendar format within thirty (30)days of the start of the Contract. Schedules shall show the day of the week the operation is to be performed, or the order of rotation areas will be serviced, such as for debris pickup or pruning operations. These schedules will be entered into the work order system and Contractor performance will be evaluated based on this rotation. 2. Required schedules and frequencies of delivery are: a. Mowing services for each park site--weekly b. Shrub trimming (backup lot, medians, parks, MOU)—quarterly c. Irrigation audit—quarterly d. Irrigation evaluation of athletic fields—weekly e. Divot/low spot filling of sports/priority fields--weekly f. Tree raising—weekly, as needed g. Coal bin cleaning—weekly h. Sand lot rototilling —bi-weekly i. Weed abatement(spray followed one [1] week later by string trim)—quarterly j. Weed abatement (vacant lottwild lot) —quarterly k. Other weed abatement--monthly I. Cleaning of parking lots and park roads—weekly m. Mulching --bi-annually n. Sport court cleaning —weekly o. Groundcover trimming—monthly p. DG surface repair—monthly q. Bike trail chemical edging --monthly r. Special projects and locations—as requested s. Supplemental and locations—as requested t. Irrigation programs—weekly u. Additional Extra Work—as needed v. Lakecleaning—weekly w. Lake debris—daily RFP 23-151 Landscape Maintenance Services Page 62 of 135 x. Other items as requested by the CR—as needed 3. Any other activities that Contractor performs on a regular or semi-regular basis and as determined or requested by the City will require a schedule to be submitted. 4. Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR for review, and if appropriate, approval, within five (5) working days prior to scheduled time for the work. Notification of change in scheduled work due to circumstances beyond the control of Contractor must be received by the City at least 12 hours prior to the scheduled time for work to begin. 5. All schedules shall be of a format either supplied or approved by the City. 6. Contractor shall adjust work schedules within the same week to accommodate all City- observed holidays, during inclement weather, under emergency notification, and for periods of excessive rainfall. RFP 23-151 Landscape Maintenance Services Page 63 of 136 •mow=-- CITY OF SANTA ANA SECTION XVIII IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 1. Written reports of any repairs or modifications to the irrigation system shall be turned monthly to DR. Failure to do so may delay payment of invoices. 2. Examples of other written reports Contractor shall provide are: a. Monthly irrigation system audit sheet b. Irrigation zone narratives, shall keep a plot plan at the controllers (when applicable) c. Irrigation material purchase request (if applicable) d. Create and maintain an inventory log of irrigation equiptment components throughout the city, by District. B. Irrigation Schedules 3. Contractor shall provide an Irrigation Controller Program Log for each manual controller by area within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the Irrigation Controller Program Log. 4. Contractor shall provide to the City a schedule of all manually-watered areas, including those where use of a vehicle is required, within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the schedule. RFP 23-151 Landscape Maintenance Services Page 64 of 136 SECTION XIX CIVIC CENTER A. General Specifications 1. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed. Downtown Civic Center Grounds and Landscape — The Downtown Civic Center Area is the home of federal, state, county, and city government for Orange County. The classification of maintenance required at this site is considered "high-end commercial." 2. All pedestrian hardscape areas, including but not limited to plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc., shall be blown and/or swept clean daily; Monday - Friday. The Contractor is not responsible for blowing parking lots, only for litter removal. Contractor is not responsible for pressure washing. 3. All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear. 4. All trash receptacles shall be emptied daily, seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. Lids shall be completely wiped clean with a germicidal cleanser and polished continuously as stains appear. 5. All cigarette urns shall be sifted daily Monday,Wednesday, and Friday. The sand in the cigarette urns shall be fresh and leveled.Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 6. All drinking fountains shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Monday, Wednesday, and Friday of each week. 7. All trees below 15' shall be pruned four (4) time per year (first week in January, April, July, and October) using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. 8. All shrubs requiring hedging shall be trimmed every two weeks. 9. Replace all 52 state flags in the Plaza of the Flags the first week of January and July of each year. Flags to be provided by City. 10.All turf in the Civic Center area is considered priority turf. 11.Perennial/Annual Color: All perennial/annual color beds shall be maintained and planted/rotated three(3)times per year(first week of January, May, and September)as detailed in Attachment 5. 12.Fertilization: Cyad and Palms shall be fertilized two (2) times per year (first week in March and September) per the City's agronomic plan. 13.The Contractor shall be required to clean trash and large debris in parking lots in the Civic Center. The work shall be performed in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot. 14.All signage, drinking fountains, concrete pads, trash receptacles, site furniture, bollards, concrete or asphalt areas with stains around trash receptacles, security RFP 23-161 Landscape Maintenance Services Page 66 of 1135 lights, park benches, walls, and the pavement beneath them and other Civic Center amenities shall be cleaned daily. 15.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. 16.After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all Civic Center areas within twenty-four hours (24 hrs.) at no additional cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 17.Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 18.The Plaza of the Flags shall have flags displayed at all times. The Contractor shall visually inspect the flags every day to assure they are in good condition. Should, in the opinion of the DR, any flag is not in good condition (faded, discolored, torn and/or having holes) the Contractor shall immediately request a new flag from the DR. Contractor shall raise the new flag immediately upon receipt from the DR. The Contractor shall replace all flags twice a year (January, July) with flags provided by the City. 19.Japanese Garden Pagoda shall be cleaned daily. B. Annual Color Planting and Maintenance Specification at Civic Center 1. 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 depth of 8" of the top soil. 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. 2. 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). 3. 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: a. Spring/Summer—April through October 1 RFP 23-161 Landscape Maintenance Services Page 66 of 135 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias b. Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus C. Vandalism 1. 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. 2. 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. D. Quality of Life Team (QOLT)(Civic Center) 1. Homeless and Transient Encampent Clean Up a. Contractor shall remove transientlhomeless encampments that may include, but is not limited to tents, soiled clothing, blankets, human feces, hypodermic needles, and items listed above. Clean up multiple encampment sites shall be scheduled or on an on-call basis. b. Work will consist of surveying sites, collecting debris, dismantling temporary structures, removing trash, and disposing of all debris at a local facility specified by the City. Jobsites can be in heavy foliage, embankments,train tracks, creeks and other areas requiring alertness to the environment and pre-planning to prevent injury or illness. G. Contractor shall remove unwanted natural or environmental materials including, but not be limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar. 2. Removal and disposal of debris/rubbish, including: a. Trees, cut brush, dead trees, tree limbs, and similar materials, b. Furniture, mattresses,appliances,scrap metals,junk,automobile parts or machinery, tires, televisions and other electronic devices, c. Structure demolition, including wood frame, concrete, asphalt, bricks or other construction debris, d. Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter, e. Hand sweeping (or blowing) of streets, alleys, sidewalks and similar areas. 3. Contractor may be required to occasionally perform confined space clean-up for entry into designated areas. RFP 23-151 Landscape Maintenance Services Page 67 of 135 i 4. Contractor may be assigned to work alongside Santa Ana Police Department and Social Services/Outreach Support Workers when clearing transient/homeless encampments. 5. Immediately contact the City of Santa Ana Police Department in the event that weapons are found. Under most, circumstances, the City's Police Department will have confiscated weapons and illegal contraband prior to the arrival of the Contractor. 6. Contractor may be required to post City provided "Notice to Clean or Remove Property" signs at the work site prior to the commencement of each removal project as established in the work-scope and as directed by City representative. Depending on circumstances, this posting may occur 24-hours from the date of the clean up or as determined by the Projects Manager. Contractor shall photograph posted notices to document time and location of posting as instructed by Projects Manager and City. 7. Contractor may be required to bag and identify personal property left behind at clean-up sites and transport them to a place designated by the Projects Manager or City. Guidelines for property identification will be provided by the City. Such items include but are not limited to items in good repair such as organized backpacks, clean and clearly identified medication, eye glasses in good condition, wallets, handbags, jewelry, operating watches, non-soiled duffel bags, and non-soiled and organized bedrolls. 8. General: a. Furnish all labor,equipment,materials and supplies(including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on City streets, alleys, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance. b. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract. 9. Staffing: a. Mobil Unit: Two (2)full-time employees from Monday—Friday from 7 am- 4 pm to collect, bag, and tag lost and abandoned property with the QOLT team. b. They required a full-size vehicle with an electric dump trailer, or equivalent, to assist with homeless refuse pickup. c. City Yard Storage: One (1) full-time employee from Monday-Friday from 7:30-4:30 managing the storage facility center located at the City Yard. d. No vehicle is required. e. Staff should be trainable by City Staff and SAPD for homeless property pick up and storage. RFP 23-151 Landscape Maintenance Services Page 68 of 135 SECTION XX LAWN BOWLING A. General Specification, Lawn Bowling Mowing, irrigation, and fertilizing are the primary turfgrass practices needed to sustain a turf surface of acceptable quality on a bowling green. Mowing, irrigation, and fertilizing are interrelated to such a degree that a reduction in leaf area by reducing the mowing height or using the vertical mowers too aggressively would require an adjustment in the frequency and intensity of fertilizing and irrigation. Throughout the growing season, the turfgrass grows both vertically and horizontally. When the turfgrass grows, it gets longer, and the matt gets thicker. Correct mowing of the lawn bowls green maintains the smooth and consistent rolling of the bowls, and the grass shall not get longer and thicker to maintain an ideal playing surface. 1. Equipment required for The Santiago Park Lawn Bowling Greens are required: a. Scott Bonner 30" Queen Mower 16-blade reel mower with a Honda 5.5 hp gas engine, OR EQUAL b. Groomer OJLBC-20002-08, OR EQUAL c. Sand Spreader OJLBC-2005-07, OR EQUAL d. GROUNDSMAN AERATOR OJLBC-1998-05Model 460, OR EQUAL B. Mowing 1. Bowling at the Santiago Park greens must be done in a north-south direction. Mowing should be done at a 45-degree angle to the roll of the bowl. Therefore, the mowing directions at the green should be northwest to southeast or northeast to southwest. Contractor must perform mowing as follows: a. These directions should be rotated each time mowing is done. b. During the months of April through November, mow two(2) times per week; set mower height to 118". c. During the months of October through March, mow once per week; set mower height to '/4'. d. Overlap each pass of the mower by 50%. e. The Scott Bonner blade is sharpened at a 90-degree angle, enabling the blade to be removed and reversed. When both sides of the reel are dull, the blade is removed and back lapped. 2. DethatchingNerticutting a. Contractor must remove thatch material to allow proper water and nutrient permeability. Thatch is a buildup of dead and decaying herbaceous material at or slightly below the ground level. If thatch remains,the turf builds up unevenly and is more susceptible to fungus infections. The thatch slows the roll of the bowl and can alter the course of the roll. b. Contractor must remove thatch during the months of April through November Verticut, dethatch, and level green twice a week. Set cutting blades' height to '/4 inch in depth. RFP 23-151 Landscape Maintenance Services Page 69 of 135 3. Grooming: a. Contractor must perform grooming services during the months of April through November every year. b. Contractor must groom grass twice a week as described on page 6 of greens maintenance manual. Schedule work for Tuesdays and Thursdays. Set the cutting blades depth to 1/16 inch. 4. Aeration: a. Contractor must perform aeration during the month of March every year. b. Conractor must plug with 1/2-inch diameter 6-inch long hollow tines. Remove debris from the greens after plugging. Backfill the empty holes with pure washed sand sieve#60, approximately 7 tons. c. After aeration, coordinate fertilization with the IPM contractor(separate contractor) and immediately finish by watering. RFP 23-151 Landscape Maintenance Services Page 70 of 135 SECTION XXI CENTENNIAL PARK A. Centennial Park: The Contractor shall clean and maintain the following areas of Centennial Park: 1. The parking lot south of Rancho Santiago College is a part of the agreement site. 2. The unimproved planting area east of Rancho Santiago College is a part of the agreement site. 3. The irrigated area outside of Dan Young Soccer Complex to the west is a part of the agreement site. 4. The Contractor shall pressure wash off daily from pedestrian hardscape areas bird droppings. SECTION XXII VACANT LOTS A. Vacant Lots The Contractor shall perform daily blowing-off, trash and debris removal, including managing weeds. 1. 1gth and Flower 2. 1st and Mountain View 3. Bristol and Tolliver 4. Bristol and Myrtle i RFP 23-151 Landscape Maintenance Services Page 71 of 135 SECTION XXIII SANTA ANA STADIUM A. Santa Ana Stadium The historic Santa Ana Stadium is a premier youth football and soccer venue. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed: 1. All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, and sidewalks, shall be blown and/or swept clean daily, seven (7) days per week. 2. All parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean once per week, on Thursdays. Trash shall be picked daily. 3. All site amenities, including but not limited to, signage, player benches, hand railing, public telephones, etc., shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Friday of each week. 4. All grandstand bleachers shall be inspected continuously and wiped clean as stains and dirt appear. 5. All turf in the Stadium area is considered priority turf. 6. All surfaces within the Stadium (including tunnels, bleacher areas, all walkways, seats) shall be high pressure washed quarterly (the third Monday of July, October, January, and April) to remove stains, gum, candy, dirt, etc. See pressure washing scope. 7. The contractor shall be able to provide additional staff for special events, before and after, at the stadium to handle the additional trash and debris.These special event services shall be billed per event. RFP 23-151 Landscape Maintenance Services Page 72 of 135 SECTION XXIV SANTA ANA ZOO A. Santa Ana Zoo(Zoo) The Santa Ana Zoo was established in 1952 and is a 20 acre zoological park and botanical garden. Due to the sensitivity of the animals at the zoo and unique plantings, there are some variances from the standard Grounds-Landscape Specification. The following special maintenance shall be performed for the Zoo site only. 1. The Contractor shall use electric-powered equipment in the course of providing service at the Zoo. Gas powered equipment is not allowed unless approval is granted by the CR. 2. All turf at the Zoo is considered casual turf. Casual turf at the Zoo shall be mowed using a Mean Green Mowers EVO or equivalent commercial electric mower as approved by the CR. 3. The interior courtyard adjacent to the cafe and playground sees the highest use levels of all tun`areas at the facility. This location should be overseeded and renovated as needed throughout the year to maintain consistent turf quality, aesthetics, and provide the highest amount of usability for visitors. This should be coordinated with the CR for the Zoo. 4. Tree Edging No-Mow Turf-Trees maintained with natural no-mow lawns (i.e. Carex sp.) shall not have shovel cuts around trees. 5. All mulch at the Zoo shall be 2" minus composted mulch applied to a 2" thickness unless approved by the CR. Mulch shall not cover root flare of trees and the base of shrubs leading to plant health issues. 6. To lessen the impact on daily Zoo operations and provide the best well-being for the animals, tree pruning specifications include trees up to 30' height with DBH less than 18". This is restricted to the interior of the Zoo and immediately adjacent to animal habitats. This specification allows for ornamental pruning of small and moderate sized trees to occur throughout the year along with routine landscape maintenance services. This has the effect of spreading out the burden on the facility and drastically reduces the amount of time areas need to be closed off to the public. Large trees and trees outside the public areas are not included. Please see attached diagram for a map. 7. An ISA TRAQ Certified Hazardous Tree Professional shall evaluate all Zoo trees and provide a written report using the Arbor Access Tree Management Software program (or an approved equal) one time only within six months of the start of the contract. 8. Tree Establishment — "Treegator" Slow Release Watering Bags or similar shall be provided for newly planted trees as determined by the CR, Gator Bags shall be filled weekly for the first two growing seasons. 9. California Natives and Drought Tolerant Shrubs-Selectively prune and trim all native plants during appropriate seasons to ensure pedestrian paths, walkways and sidewalks are not impeded or as necessary based on best horticultural practices. (i.e. Romneya coulters pruned to 6" in late summer or fall, Salvia clevelandii pruned in fall, Zauschenria sp. established plants cut back hard in winter after flowering. 10. Bamboo - Dead, old, small, leaning or misshapen culms shall be removed annually. Cuts shall be made as close to the ground as possible and straight across so there RFP 23-151 Landscape Maintenance Services Page 73 of 135 are no dangerous, sharp points sticking out of the ground. Care shall be taken to avoid damaging newly emerging culms. The CR will provide additional direction on which clumps may be topped to increase the screening effect or "legged-up" for aesthetics. Giant timber bamboo shall be maintained with a minimum of 12"distance from building foundations. 11. Epiphytic Specimen Plants - Epiphytic plants (Platycerium sp., Bromeliads, Anthurium sp., Tillandsia sp., Laelia sp., etc.) require special attention and may not have dedicated irrigation systems. These specimen plants shall be hand-watered at varying intervals depending on the time of the year based on horticultural requirements. Platycerium shall be fully drenched including the fronds. 12. Ornamental Grasses - All Cortaderia selloana (pampas grass) specimens smaller than four feet in diameter shall be removed immediately and disposed to control invasiveness. Warm-season grasses shall be cut to the ground in fall or winter consistent with best horticultural practices. Ornamental grasses shall be cut within 6"with a flat top and not mounded. Large clumps(5+seasons)only exhibiting growth around the edges of the clump shall be dug up, divided, and replanted. Thysanolaena maxima specimens shall be minimally pruned to maintain form and tidiness. 13.Animal Enclosures&Animal and Human Safety-The Contractor's workers must not enter animal enclosures without prior approval from the Zoo Manager or their representative. Workers must not touch or feed any of the Zoo's animals. In the event of an escaped dangerous animal, the workers will be asked to stop work immediately and evacuate the zoo. Annually, the Contractor shall provide their employees working in and around animal exhibits with basic training on zoonotic disease prevention and common-sense sanitary measures. The Contractor shall meet with the Zoo Director or their representative for relevant information before commencing work. 14. Gutter Maintenance-The Contractor shall pay attention to clearance of gutters within the Children's Zoo area to prevent blockage and the growth of weeds. 15. Zoo Closure Days-The Zoo is closed to the public on Thanksgiving Day, Christmas Day (December 25), and New Year's Day (January 1). The Zoo is open all other holidays. The Zoo may be closed to the public during severe inclement weather. Closure days are subject to change by the CR. 16. Rock Mulch Groundcover- Cactus and succulent beds are to be mulched with Dos Rios Pebbles 3/8" by Southwest Boulder and Stone or equivalent type to match existing as approved by DR. Pebble mulch shall be maintained at a 1" depth and kept off adjacent walkways. 17. General Maintenance, Daily Maintenance - All trash and debris (branches, glass, metal, paper, etc.) on the ground or in trash receptacles shall be removed from all worksites, landscaped and paved areas each day Monday through Sunday before 10:00 a.m.,when the Zoo opens to the public. All organic debris (twigs, leaves, fruit, sand, gravel, rock, wood chips) on the pathways shall be removed from paved areas each Monday and Friday before 10:00 a.m., when the Zoo opens to the public. DG pathways shall be maintained through limited blowing and raking to reduce particulate pollution and dust in animal habitats. 18. Washing Landscape Material-To maintain plant health and aesthetics, plant material shall be washed down on a regular basis to remove any accumulated dust and cobwebs. RFP 23-151 Landscape Maintenance Services Page 74 of 135 19. Inspection of Perimeter Fence—Daily, the Contractor shall inspect the integrity of the chain link perimeter fence for breaches and advise the Zoo Director or CR of issues. 20. Trimming and Weed Removal within Exhibits-- a. Quarterly, the Contractor shall blow-off leaf litter accumulating on animal exhibit roofs, netting, cages, etc. including, but not limited to, Colors of the Amazon Bird Aviary. b. Monthly, the Contractor shall inspect plant material in the animal exhibits for damage to the netting and trim plants pushing through animal exhibit roofs, netting, cages, etc.to prevent damage. c. Contractor shall perform weed removal in the Anteater and Amazon's Edge exhibits. 21. Pressure Washing-The Contractor shall perform weekly and as necessary pressure washing of paved areas,site furniture, drinking fountains, etc. in the cafe eating area. 22. Resetting Seating—The Contractor shall, Monday through Sunday, before 10:00 am each morning, reset all tables and chairs in the Zoo. 23. Blowing-Off Exhibits — The Contractor shall blow-off/clean animal exhibit roofs, netting, cages, etc. on a routine basis. Prior to performance, the Contractor shall coordinate with the CR. 24. Storm Drain Maintenance — The Contractor shall continuously maintain the Zoo's storm/area drains, including the filter fiber by keeping them clean and free of debris. The Contractor shall change the storm/area drains filter fiber, which shall be provided by the Zoo, as necessary. 25. Weekly Meeting --The contractor shall plan to have a standing weekly meeting with the CR and involve the IPM representative in the meeting. 26.All IPM and Agricultural pest control services at the Zoo only shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. RFP 23-151 Landscape Maintenance Services Page 75 of 135 APPENDIX TERMINOLOGY A. Interpretation!Terminology The following terms are for convenience and reference only and are not intended to define or limit the scope of any provision hereof. The following words shall be construed to have the following meanings, unless otherwise apparent from the context in which they are used: 1. As Needed: To maintain the grounds in a clean appearance as determined by the City. The intent is to permit the City to receive services beyond the scheduled frequencies on an occasional basis. Should a service be needed on a consistent basis the City shall amend the Contract with Contractor subject to approval by the City Council. 2. Additional Cleaning (or Operation): The completion of all maintenance tasks, in whole or in part, to ensure that the specified conditions resulting from the "Initial Cleaning" or"Initial Operation" sustained or retained. 3. Appurtenances: Objects or features, which are component parts of the areas to be maintained. Appurtenances include, but are not limited to: seat walls, bollards, valve boxes, bike racks, fences, walls, monument pedestals, decorative features, benches, picnic tables, light standards/flag poles, handrails, electrical panels and transformer enclosures, and signage. 4. Sport/Priority Turf: Grass surfaces are maintained for the goal of primarily providing a smooth, safe playing surface for sports. 5. Automated Irrigation System: Valves, sprinklers, etc., that are operated using a controller which functions electrically, hydraulically, or thermally. 6. Biopesticide: Certain types of pesticides are derived from such natural materials as animals, plants, bacteria, and certain minerals. 7. BMP: Best Management Practices are identified by individual industry and must be incorporated into the operational management of the Contract. 8. Centrally Operated Irrigation System: Sprinklers, valves, etc., are turned on remotely from centralized software. 9. Confined Area: An area of turf bordered on three (3) or more sides by shrub beds, planters, hardscapes, walls, fences, play areas, decomposed granite areas, or other like borders. 10. Contiguous Hardscape: Hardscape medians that are on the same street as the landscaped medians and continue through to the next major intersection. 11. CR: City Representative. 12. EIC: Employee in Charge. 13. Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate assistance or relief. 14. AEW:Authorized Extra Work not in the contract to be approved by CR before starting or completing. AEW's will state the hourly rate of each laborer and trade to make the repairs, sample sheet attached. However, in case of a callback for workmanship failures approved through the AEW, the city will deduct a similar rate to make the corrections via a failure to perform (FTP). 15. ET: Evapotranspiration, or the water lost from a plant system due to evaporation from soil or transpiration of water through the plant. 16. Casual Turf: All grass locations which are primarily used for leisure activities and not used for sports. Not sports or priority 17. Green Waste: Any waste from vegetation, including but not limited to: tree trimmings, grass cuttings, dead plants, leaves, branches, wood and dead trees, and similar materials naturally occurring within the subject areas, or generated as a result of services provided by Contractor. "Clean Green Waste" shall not contain more than 10% contaminants. 18. Hardscape(or Hardscapes, Hardscape Areas): Sidewalks, walkways, patios, quads, game courts, bike paths, paved areas, and like surfaces. 19. Hazard: Anything likely to cause a person or animal harm. 20. Homeless imprint: An area defined by belongings, including personal items such as tents, carts, tarps, blankets, furniture, and food, which appears to be a settled area. 21. Initial Cleaning (or Operation): The first cleaning or first maintenance operation of several scheduled for a given day. 22. Interior Roads: Roads that are contained within the boundaries of a given area. 23. Litter: All paper, plastic, cans, bottles, or other material discarded in or on any location within the Contract area other than in a trash container provided for that purpose. 24. Non-emergency: An unplanned service requirement that needs additional attention in a prescribed period. 25. Pesticide: Products that prevent,destroy,repel,or mitigate a pest,orwhich are plant regulators, defoliants, desiccants, or nitrogen stabilizers. A registered chemical is identified using an EPA and/or Cal Registration Number, or both. 26. Recyclable Material: Plastic, glass, or aluminum materials have economic value when separated from trash. 27. Repair or Replace: Equipment or property shall be repaired or replaced as determined by the City with like kind and quality. The intent is to maintain the equipment or property in good condition and consistent with the current model brand or manufacturer. 28. ROC: Rail Operations Center. 29. ROW: Right-of-way. 30. SDS: Safety Data Sheet 31. Spot Cleaning: The cleaning of only those portions of a floor, walkway, wall, fixture, table, furnishing, handrail, bench, or other surface(s)which are soiled (dirty, stained, marked, smudged, etc.), where the entire surface may not be sufficiently soiled to warrant cleaning the entire surface. The contractor shall interpret the term "spot cleaning"to include the complete clean inglwashing of any surface which does not or would not, have a clean, uniform appearance after the cleaning of only portions of that surface. 32. Street Sidewalks(or External Sidewalks): Sidewalks or paved walkways that parallel streets, and which may exist on the perimeter of or adjacent to the areas to be maintained. 33. Trash: All litter, garbage, refuse, rubbish, dead fish and birds, human or animal feces and other materials and substances discarded or rejected as being spent, useless, worthless, or waste. 34. Pressure Washing: Power washing with the use of high-pressure hot water spray to remove dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit. 35. Failure to Perform (FTP): Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. 36. Compost: The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). The eligibility requirements for meeting the Annual Recovered Organic Waste Product Procurement Target require that the Compost must either be i) produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7; or ii) produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State's composting operations regulatory requirements. 37. Direct Service Provider: A person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). 38. Recovered Organic Waste Products. Products made from California, landfill- diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. 39. SB 1383: Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 40. SB 1383 Eligible Mulch: Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7, and which meets the conditions as specified by 14 CCR Section 18993.1(f)(4)for the duration of the applicable procurement compliance year. FOR PROPOSERS' REFERENCE ONLY APPENDIX II ADDITIONAL TERMS AND CONDITIONS TABLE OF CONTENTS SECTION 1. CONTRACT REQUIREMENTS 1.1 Independent Contractor 1.2 Contract Transition 1.2.1 Transition In 1.2.2 Transition Out 1.3 Hours and Days of Maintenance Services 1.3.1 Scheduling of Operations 1.3.2 Service Schedules 1.4 Non-Interference 1.5 Consumable Materials and Supplies— Contractor-Supplied 1.6 Consumable Materials and Supplies— City-Supplied 2. RESPONSIBILITIES OF THE CONTRACTOR 2.1 Inquiries and Complaints 2.2 Safety 2.3 Vehicles and Equipment 2.4 Locks and Keys 2.5 Service Yard and Storage Area(s) 2.6 Utilities 2.7 Traffic Control 2.8 Bloodborne Pathogens and Biohazardous Material 2.9 Accident Reporting and Site Securing 2.10 Vandalism 2.11 Cooperation 1 Collateral Work 2.12 Protection of Existing Facilities and Structures i i 2.13 Protection of Property During Inclement Weather (Emergency Response) 2.14 Emergency Numbers and Emergency Call-Outs 2.15 Contractor's Staff 2.16 Work and Workmanship 2.17 Supervision and Special Skills 2.18 Management and Enforcement 2.19 Contact with Minors 3. EXECUTION OF WORK 3.1 Subcontracting 3.2 Contractor Hiring 3.3 Notice Requirements 3.4 Default by Contractor/Termination 3.5 Temporary Suspension of Work 3.6 Damage Caused by Contractor 3.7 Non-Emergency Call-Outs 3.8 Work Not Included 3.9 Signs/ Improvements 4. ENVIRONMENTAL REQUIREMENTS 4.1 Environmental Requirements 4.2 Refuse Disposal 4.3 Hazardous Materials 4.4 Sound / Noise Control Requirements 5. CHANGES TO THE CONTRACT 5.1 City's Right to do Work 5.2 Changes in Service i 5.2.1 Special Events 5.2.2 Construction Activity and Maintenance Functions 5.3 Special Requests 5.3.1 Soil and Plant Testing 6. CONTRACT ENFORCEMENT AND EVALUATION 6.1 Contract Enforcement 6.2 Performance Evaluation SECTION 1 CONTRACT REQUIREMENTS 2.1 Independent Contractor The Contract between City and Contractor is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership,joint venture or association, as between the City and Contractor. The contractor understands and agrees that all persons furnishing services to the City under this Contract are,for purposes of Workers' Compensation Liability, employees solely of the Contractor and not of the City. The contractor shall bear the sole responsibility and liability for furnishing Workers'Compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder. 2.2 Contract Transition 2.2.1 Transition In Contractor shall provide a written statement of their transition plan to include potential personnel who will be on the transition team and their roles, subject to City approval. Also included shall be sample timelines illustrating when the Contractor will be fully in place and performing all tasks.The anticipated transition period will be three(3)months. A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period: 1) shovel-cut all tree rings; 2) raise all trees; and, 3) mulch all areas; 4) irrigation audits; 5) pressure washing appurtenances; 6) and repair DG paths. The Contractor acknowledges that each site's irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of each site's rotors/heads and lateral irrigation lines. Following the initial agreement for startup repairs, the Contractor shall assume responsibility for future repairs (see Appendix D 2.4 herein). 2.2.2 Transition Out Contractor shall work in good faith with the City to transition out of the service, should a new Contractor be selected. The storage areas used by the Contractor shall be left in an orderly manner. All materials and equipment owned by the Contractor shall be removed from storage areas in a timely manner. Upon Contract completion, all keys, cards and remote controls given to Contractor shall be returned to the City's designed City Representative(CR)with a final walk-through with the Contractor and the CR. 2.3 Hours and Days of Maintenance Services 2.3A Scheduling of Operations a. Normal work hours are from 6:00 a.m, to 6 p.m., Monday through Sunday, unless otherwise specified. The contractor shall perform work at such times as to minimize disturbance or interference to the residence and pedestrian or vehicle circulation (e.g., early morning mowing or irrigation checks, etc.) No routine mowing or pruning shall occur on Saturday or Sunday unless pre-approved by the CR(s). Only those tasks related to cleaning or trash shall become routine on Saturdays and Sundays. b. The contractor shall perform work following the pre-approved schedules during City business or non-business hours, depending on the needs of the facility where work is performed. c. Changes in the schedule by the City may be made with five (5) business days advance written or verbal notice to the Contractor. d. The contractor must notify the CR(s) of any problems or service interruptions within twenty-four (24) hours or the next business day. Unavoidable service disruptions may be completed at a later date at the discretion of the CR(s). e. Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. f. Repeated service interruptions without justification or approval of the CR(s) shall be subject to action provided for herein. g. The contractor shall provide adequate staffing to perform the required services during the prescribed times. h. Any changes in the days and hours of service heretofore prescribed shall be subject to approval by the CR(s). i. The contractor shall be available for on-call services twenty-four(24) hours a day. J. Non-emergency on-call requests shall be responded to within four (4) hours of notification by the City representative or as mutually scheduled and agreed to by Contractor and City representative. k. The contractor shall respond to all requests for on-call emergencies within one (1) hour of notification by the City representative. (Explained further in Section 3.14) I. On-call service rates shall be based on Contractor's hourly rate as quoted in Appendix E for such work. m. Certain maintenance tasks may have time restrictions or extended time requirements. The contractor must observe and respond to these restrictions and requirements. n. The contractor shall adjust schedules to meet the Specifications and compensate for all City observed holidays. i 2.3.2 Service Schedules a. The contractor shall, within 30 calendar days of the effective date of the Contract, submit all work schedules to the CR(s)for review and approval. Said work schedules shall be based on a twelve-month calendar and be in a format approved by the City. b. Any other activities that the Contractor performs on a regular or semi-regular basis, as determined by the City, will require a schedule to be submitted upon request by the City. c. The contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR(s) for review and if appropriate, approval within five (5) working days before the scheduled time for the work. d. At the discretion of the City, monthly meetings (or at an increased frequency if deemed necessary by the City) between the Contractor and the CR(s) may be scheduled to determine progress and address any changes in schedules, problem areas, etc. e. Changes or variations in scheduling may be necessitated by City special events, recreation classes, reservations, etc. The contractor shall adapt any or all schedules to the City's requests. 2.4 Non-Interference The Contractor shall not interfere with the public use of the sites and shall conduct its operations as to offer the least possible obstruction and inconvenience to City employees and the public or disruption to the peace and quiet of the area within which the services are performed. In the event of recreation programming issues, special events, etc., the Contractor may be required to alter the schedule to avoid interfering and may be required to return at a later time to meet the task and frequency. 2.5 Consumable Materials and Supplies—Contractor-Supplied The contractor, as a component of the cost proposal, shall provide all of the following items: a. Trash can liners (except at the zoo facility) b. Cleaning agents, spotting agents, polishes c. Disinfecting cleaning agents d. Cleaning-related supplies e. Chemicals (as specified) f. Pest/weed control chemicals (as specified) g. Annual plant materials or any plants that die due to delayed irrigation repairs h. Mulch/topdressing per the contract specifications i. Brick dust j. Grass seed (as specified) k. Fertilizer (as specified) I. Tree stakes and ties m. Dog bags for Doggie Dispenser No additional payment will be made for these materials. All Contractor provided chemicals, cleaning agents, and materials are subject to review and approval by the City. 2.6 Consumable Materials and Supplies—City-Supplied The City will supply, at no cost to the Contractor, the following items: a. All replacement plant material (not including annuals), except those damaged by the Contractor. b. Irrigation replacement parts (as specified) c. Trash cans d. Playground sand and bark e. Signs—water conservation for medians, water audit, field renovation f. City will be provide DG as needed per the specifications. g. Trash can liners (at the Zoo facility only) The contractor shall request these materials from the CR(s), and shall ensure proper and secure storage of these materials in an area specified by the CR(s). The contractor shall also ensure proper distribution and monitoring of these materials/supplies to prevent waste, theft, or other abuse. The contractor shall provide a log specifying where and when supplies have been used,and this log shall be made immediately available to the City upon request. SECTION 2 RESPONSIBILITIES OF THE CONTRACTOR 3.1 Inquiries and Complaints 3.1.1 The contractor shall maintain a telephone at their facilities, listed in the telephone directory in its name or in the firm name by which it is most commonly known. At this location, during the daily hours of maintenance operation, the Contractor shall have some responsible person(s),who is proficient in English, employed to take the necessary action regarding all inquiries and complaints that may be received from the City. An answering service shall be considered an acceptable substitute to full-time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. 3.1.2 During regular working hours, the Contractor's Foreman, or an employee responsible for providing maintenance services, shall be available for notification and able to respond through electronic communications within 30 minutes. 3.1.3 During regular days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage, the City may, after a reasonable attempt to notify the Contractor, cause such action to be taken by the City workforce and charge the cost thereof as determined by the City to Contractor or may deduct such cost from an amount due to Contractor from the City. 3.1.4 The Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken thereto or the reason for non-action. The complaints log shall be open to inspection by the City at all reasonable times. The City will maintain work order and email files. 3.1.5 All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or the Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City. Such cost shall include all City staff time required to resolve the problem and appropriate overhead charges. 3.2 Safe 3.2.1 Contractor shall provide a safe workplace and comply with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) laws and regulations and any other applicable law, rule, regulation, ordinance and risk management standards. The contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. All hazardous substances shall be listed per site, and Safety Data Sheets (SDSs) available at all times. 3.2.2 The Contractor shall be responsible for inspecting, identifying, and securing any condition(s) that renders any portion of a site unsafe and any unsafe practices occurring thereon. The CR(s) shall be notified immediately of any unsafe or undesirable condition(s) via email, phone, or instant messaging ensuring that it was received. This includes, but is not limited, to the following: a. Damaged/inoperable fixtures, hose bibs, or irrigation components b. Running water, irrigation breaks, weeping valves, etc. c. Evidence of arson, vandalism, or other crimes d. Damaged signs or drinking fountains e. Damaged benches or tables f. Graffiti g. Hypodermic needles or condoms h. Large amounts of blood or feces i. Hazardous or suspicious materialslitems j. Insect, rodent, or bird infestations k. Homeless persons or their possessions 1. Items lost by patrons m. Poor turf conditions (i.e., holes, tripping hazards, uneven surfaces, gopher holes) n. Damaged fencing (i.e., holes, loose posts, missing fasteners) o. Standing water, saturated turf, dry spots p. Lake conditions including dead or sick wildlife, water quality issues q. Downed tree limbs r. Unsafe walkways s. Unstable trees t. Improperly supported trees (i.e. stakes, trees) u. Other hazards, as applicable 3.2.3 The contractor shall be responsible for making minor corrections including, but not limited to: using barricades or traffic cones to alert the public to the existence of hazards, replacing Contractor-damaged valve box covers, and securing any damaged apparatus to protect members of the public or others from injury. 3.2A If needed, the Contractor shall assist the public by summoning emergency assistance at the site. The contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site, beginning with immediate notification, and then a complete written report of the nature of the issue to the City within five (5) days following the occurrence. 3.2.5 The contractor shall also ensure that: a. Vehicles, equipment, and hand or power tools are not left unattended or laying on walkways, grounds, or appurtenances where patrons may be put in jeopardy. b. Operator and machine safety equipment shall be in place and operational. c. Machine speed and operational characteristics shall match manufacturer's recommendations. d. Transport and operation speeds shall be within the maximum limits established for the site. e. After the protection of public safety, the preservation of site equipment, appurtenances, infrastructure, and public activities shall be paramount. f. Debris from operations shall not be allowed to compound existing conditions on hard surfaces and public access areas. All debris deposited on these areas as a result of the Contractor's work shall be cleared from hard surfaces and public access areas before leaving the site that day. g. The contractor shall remedy hazardous materials on site which result from Contractor's work and shall properly dispose of the materials off-site. The contractor shall notify all appropriate agencies. h. Malfunctioning equipment shall only be left on site with barricading, tagging, and reasonably supervising it until repairs are affected. In no case shall the equipment be left on site overnight. i. During all operations, the Contractor shall be subject to local ordinances regarding noise levels (see NOISE in Santa Ana Municipal Code). Any scheduling of the Contractor's operations may be modified by the City at no additional compensation to the Contractor to ensure that the public is not unduly impacted by the noise of equipment or operations. j. Fuels and additives shall not be left exposed or accessible to patrons. k. Fueling and repair operations shall be performed off of turf areas and away from patron activity. I. All pesticides shall be handled appropriately and safely. 3.3 Vehicles and Equipment 3.3.1 The contractor shall take necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment. 3.3.2 The contractor shall immediately repair or replace all equipment deemed by the CR(s) to be unsafe, irreparable, or in unsatisfactory condition. 3.3.3 The contractor shall provide and properly maintain all necessary vehicles and equipment including, but not limited to: vehicles, mowers, edgers, saws, blowers, water hoses and nozzles, squeegees, and high-pressure/low-volume sprayers. 3.3.4 All vehicles shall display Contractor's name with an approved City service statement visible, such as: X.Y.Z. Contracting, [nc. Serving the City of Santa Ana A prototype of the magnetic placard shall be submitted to the City for approval within 30 days of the award of the Contract,with the placement of the placards on all vehicles operating within the City limits to take place within 60 days following the recognition of the Contract. 3.3.5 All equipment shall receive scheduled preventive maintenance to promote equipment reliability and ensure optimum performance at all times. 3.3.6 All equipment is subject to CR's approval. 3.3.7 Equipment failures that happen more than three (3) times in one (1) month will be subject to deductions and a directive to replace the unreliable piece of equipment. 3.3.8 In preparing the proposal, the Contractor shall consider the following conditions pertaining to the vehicles and equipment utilized in the completion of the specified maintenance tasks: a. The City Council of Santa Ana is considering banning all fuel-powered (e.g., gasoline, methanol) leaf blowers, The contractor will not receive additional compensation should such a ban be implemented before or after the award of the Contract. b. Mowers utilized for the hybrid Bermuda athletic turf must be dedicated solely to that hybrid Bermuda grass to prevent contamination. c. A self-contained power scrubber unit shall be required to perform washing and steam-cleaning operations. The contractor shall meet all specified criteria as outlined in Section 22.2 of the Specifications in Appendix B. All wastewater recaptured by such a unit must be disposed of in a sanitary sewer approved by the City. 3.3.9 The contractor's vehicles may be permitted to drive on turf when conditions allow following specific routes designated by the CR(s). Areas designated as "unavailable for vehicle travel," such as natural habitat areas, shall be serviced by other means. 3.3.10 The City shall provide, if possible, a storage area(s)at those sites that are not immediately accessible to Contractor's vehicles. (If a storage yard is unavailable the contractor shall have a storage facility close to the City of Santa Ana to impact the maintenance). 3.3.11 Larger vehicles may be allowed in the performance of non-regular maintenance tasks, with the approval of the City. 3.4 Locks and Keys 3.4.1 Access to City facilities shall be in accordance with instructions, keys, and/or security cards issued or provided by the CR(s). Access may include special instructions about security systems installed at facilities. The contractor shall take all reasonable precautions to ensure that the security of the facilities and internal equipment, furnishings, and other items are always maintained. 3.4.2 The City may develop an initial chain and lock system with a specific number of replacement locks for trash containers, restrooms, gates, valve/pump cover boxes, and controllers. The contractor shall be responsible for purchasing similar locks upon the loss of any City-owned locks initially provided to the Contractor. The City shall exchange, one- for-one, locks that have been vandalized or are inoperable. 3.4.3 Contractor may provide a chain and lock system, at Contractor's expense, for trash containers located throughout the site to secure and limit the removal or tipping of the containers. 3.4.4 The Contractor shall be responsible for the series of keys assigned to it and assign these keys to its personnel to maintain the facilities. The contractor shall be responsible for the proper use and safekeeping of all keys issued by the City to the Contractor. 3.4.5 Contractor shall report all lost or stolen keys to the City representative(s) within twenty- four(24) hours of discovering the loss. The contractor shall reimburse the City for the total cost of re-keying the facility or duplicating additional keys, as determined by the City. 3.4.6 Upon termination or cancellation of the Contract, Contractor shall immediately return all keys, cards, remote controls, etc., to the City. 3.4.7 California law stipulates that it is unlawful for a person to duplicate any keys without the owner's permission. The penalty for violation of this law is either six (6) months imprisonment or a fine of$500.00, or both. 3.5 Service Yard and Storage Area(s) 3.5.1 The City, at its discretion, may provide storage and office facilities for Contractor's use. In such cases, the Contractor is prohibited from using said facilities to conduct any of its business outside the scope of the Contract. Further, said facility shall not be used for human habitation, other than a night watchman or patrol service as specifically approved by the City. 3.5.2 CR(s) shall identify and authorize Contractor to use a designated area, if available, exclusively or shared with City, for onsite storage as needed. If the designated area is shared with the City, Contractor shall identify equipment, materials, and supplies belonging to Contractor. if the City provides an area, the Contractor is responsible for securing and providing the CR access. The contractor shall safely store all supplies and compliance with all laws and regulations. 3.5.2.1 The contractor may not store any trash, litter, or recyclable material at the facility or in any vehicle for a period of over 24 hours. Notwithstanding the foregoing, the Contractor must conduct all operations at the facility in compliance with all applicable laws and regulations so as not to create a nuisance. 3.5.2.2 The contractor shall not "stockpile" hazardous materials in any quantities at the facility and shall not maintain any amount of such material at the facility greater than that which Contractor plans to use within the following 30 days. Notwithstanding the foregoing, the Contractor shall sometimes store all hazardous materials in compliance with all applicable state and federal laws and regulations. 3.5.2.3 The contractor shall not dispose of hazardous material on the site. All such hazardous materials collected on the site shall be appropriately stored temporarily, after that to be disposed of by Contractor at an approved disposal site, per California statutes. 3.5.3 Contractor, at its own risk, may store equipment and materials required for maintenance in said facility, providing the City has agreed to provide such facility. However, the Contractor must always use safety standards and handling procedures as applied to such equipment and materials. This contract assumes minimal facilities for the Contractors' vehicles and equipment. 3.5.3.1 City shall not be liable for damage or loss to Contractor's equipment, materials, and/or personal property. The contractor shall hold City harmless and waive any claims for damage for loss of use of any equipment, materials and/or property that may occur at City facilities. 3.5.4 Contractor shall maintain the service yard and/or storage area(s) in a clean, weed-free, well-organized manner in keeping with the highly visible nature of the surrounding area. Failure to do so may result in the Contractor's loss of the use of the storage area(s). 3.5.4.1 The service yard and/or storage area(s) occupied by Contractor shall be cleaned and swept once per week and the sweepings disposed of in a lawful manner. 3.5.4.2 Contractor shall remove all undesirable material including, but not limited to, trash, accumulated debris, and equipment that is no longer usable for the purpose it was intended for, from the service yard and/or storage area(s). 3.5.5 The City may inspect service yard and/or storage area(s)for compliance anytime at City's discretion. 3.5.6 Upon expiration or termination of Contract, Contractor shall restore service yard and/or storage area(s) to its original condition. Nothing contained herein which permits Contractor to use designated space shall be deemed or construed as a lease of space, but shall be a mere right to use. 3.6 Utilities The City shall pay for the installation and use of all utilities at these sites,with the exception of the Contractor's telephone hookup and service. 3.7 Traffic Control 3.7.1 When working in road rights-of-way, Contractor shall comply with all procedures and requirements specified in the State of California (CALTRANS) Manual of Traffic Controls for Construction and Maintenance Work Zones and within the confines of applicable OSHA requirements. 3.7.2 Contractor shall cooperate with the Santa Ana Police Department (SAPD) relative to handling traffic through the area and shall make its own arrangements relative to keeping h the working area clear of vehicles. If required, the contractor shall obtain an encroachment permit for any partial or complete lane closure. All work that requires traffic controls will need to comply with the current WATCH manual. 3.7.3 When entering or leaving roadways carrying public traffic, Contractor's equipment, whether empty or loaded, shall in all cases, yield to public traffic. 3.7.4 Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or WATCH Book). Lighted signs or arrow boards are required as needed. 3.8 Bloodborne Pathogens and Biohazardous Material The contractor's staff shall be aware of potential exposure to bloodborne pathogens through hypodermic needles, blood and feces, and shall wear personal protective equipment. Contractor shall treat hypodermic needles, large quantities of feces, and any rags, paper towels, or other materials containing blood as biohazardous material. Only individuals trained in the removal and disposal of such material shall do so. Contractor shall immediately notify the appropriate authority upon the discovery of such occurrences Contractor shall secure the affected site until such time that the appropriate authority can respond. See California statutes and guidelines for process. 3.9 Accident Reporting and Site Securing Contractor shall immediately notify the designated CR(s) of any accident, regardless of whether or not injury or damage is evident, involving park patrons, City staff and equipment, and Contractor's staff, vehicles, and/or equipment shall secure the site until rendered safe. Contractor shall provide all written reports and/or documentation requested by the City. 3.10 Vandalism The contractor shall report any damage to City property, including but not limited to vandalism,Acts of God, and third-party negligence to the CR.Via email, phone call, or message as determined by CR. 3.11 Cooperation /Collateral Work The City and other contractors will conduct on-going activities and operations during Contractor's work. These activities will include but are not limited to landscape refurbishment, irrigation system modification or repair, construction and storm-related operations. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by the Contractor as a result of the City's work. Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the CR(s)to cooperate. 3.12 Protection of Existing Facilities and Structures The contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities, both above surface and underground, on the City's property. 3.12.1 Any damage to City property deemed to be caused by Contractor's negligence or failure to use due care shall be corrected or paid for by Contractor at no additional cost to the City. 3.12.2 If the City requests or directs Contractor to perform work in a given area, Contractor shall verify and locate any underground utilities. This does not release Contractor's duty to take reasonable precautions when working in these areas. Any damage or problems shall be reported immediately to the City. 3.13 Protection of Property During Inclement Weather(Emergency Res onse During storms and periods of excessive rainfall, and in conjunction with Emergency Call-Outs(below), Contractor shall provide supervisory inspection of the work during regular working hours to prevent or minimize possible damage from such adverse weather. The prime factors in assigning work shall be the safety of the workforce and damage to landscaping. 3.13.1 Contractor shall submit a report identifying any storm damage to the CR(s) and attach a site map identifying location of damage and cost estimate to repair/replace within 48 hours. 3.13.1.1 Report shall contain photos with captions. 3.13.1.2 If remedial work is required beyond the scope of this Contract, it shall be paid for as AEW. 3.13.2 Contractor shall remove debris accumulated by high winds or other typical or non-typical environmental conditions. The contractor shall remove minor silt and debris from athletic fields, V- ditches, adjacent inverts, storm drains, etc. 3.13.3 During the periods that excessive rainfall hinders normal operations, the Contractor shall adjust its activities to perform functions such as litter and debris pick-up, remove downed limbs, clear drains and other duties as deemed necessary by the CR(s). 3,13.3.1 During periods of excessive rainfall,the Contractor shall keep all area drains and draining facilities clear and operating and remove water from all tot- lot areas, if directed. 3.13.4 Failure to adjust the workforce to show satisfactory progress, as determined by Contractor and CR(s)jointly, on the work may result in a deduction of payments. 3.14 Emergency Numbers and Emergency Call-Outs 3,14.1 Contractor shall supply the City with name(s) and phone number(s) of person(s) representing the Contractor for 24-hour emergency response, seven (7) days per week. 3.14.1.1 The City will, in turn, provide Contractor its emergency contact information so that in the event Contractor must contact the CR(s), this information can be utilized. 3.14.2 Contractor shall have the capability to receive and to immediately respond to calls of an emergency nature during normal working hours and during hours outside of normal working hours (See Section 2.3.1.k). Contractor shall be available via voicemail, text, phone, or answering service. The aforementioned information shall remain current at all times. 3.14.2.1 Contractor shall respond by phone within 30 minutes of a call from the CR(s), and shall be on site within 30 minutes of the call back. Any changes to contact information shall be forwarded to the City in writing within 12 hours of any such change. 3.14.2.2 In situations involving emergencies after normal work hours, Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour. 3.14.2.3 Calls of an emergency nature received by the City shall be referred to Contractor for immediate disposition. 3.14.3 If emergency work is required, the Contractor shall notify the CR(s) by telephone before any emergency work is commenced. 3.14.4 Contractor's vehicle shall carry sufficient equipment to control traffic (barricades, delineators, cones, etc.). 3.14.5 When the Contractor arrives at the site, Contractor shall set up traffic warning and control devices and any other safety devices, if deemed necessary, and proceed with remedial action after contacting the CR(s). 3.14.7 Public health/safety matters requiring an emergency response include but are not limited to: any portion of the irrigation system functioning in a non-operational manner, broken water mains, stuck valves, the threat to private property resulting from Contractor's operations,fallen trees,down or hanging limbs, natural disasters, etc. 3.15 Contractor's Staff The contractor shall provide sufficient personnel to perform all work by the Specifications set forth herein and in Appendix A, B, C, and D. This is a performance-based Contract. 3.15.1 In its proposal, the Contractor shall define the minimum staffing. It is up to the Contractor to complete all tasks as defined, regardless of staffing, but they shall maintain at least the minimum staffing, as stated in their proposal, at all times. 3.15.2 In its proposal, the Contractor shall list the names of all employees, titles, hours and which location/area each employee is assigned. DIR reporting sheets will be used to verify staffing levels by area. 3.15.2.1 Each crew of Contractor's employees shall include at least one (1) individual who speaks and comprehends the English language at a professional level. 3.15.3 The City may, at any time, give Contractor notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of the City or public. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter, and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employee(s)will not be detrimental to the interest of the City or public. Examples of employee conduct or action that prove detrimental to the interest of the City of public include, but are not limited to: • Unprofessional behavior • Misleading or false statements • Misrepresentation of work accomplishments • Illegal activities I i i I 3.15.4 Contract-designated staff employees shall not work on supplemental tasks (AEW) during regular work hours. If worked during regular hours, additional staff will be required, contracted work shall not experience any reduction in frequencies or quality. 3.15.5 Contractor shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and the public the name of the Contractor. The identification system shall be furnished at Contractor's expense and may include appropriate attire and name badges as specified by the City. 3.15.6 Contractor shall require each of its employees to adhere to basic standards of working attire, including full uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. 3.15.6.1 Employee pants, shirts, jackets, and sweatshirts must be uniform. Shirts, jackets, and caps used as uniforms shall bear Contractor's identification logo. 3.15.6.2 Shirts shall be worn at all times, and shall be buttoned and tucked-in. 3.15.6.3 No caps with insignias or designs other than Contractor's logo may be worn, and no caps shall be worn backwards. 3.15.6A The City shall approve Contractor's uniform prior to the start of the Contract. 3.15.7 The City expects Contractor's staff to turn into CR(s) all items that have been lost or misplaced by the general public, regardless of perceived value. Contractor shall communicate this expectation to all employees. All items must be returned to the Tree Farm (7600 E. Spring Street, 9081 5) and have an accompanying landscape area ID and date. 3.16 Work and Workmanship Contractor shall thoroughly complete each task in a professional and workmanlike manner, and shall use quality equipment and materials that comply with all current regulations to complete the scope of work at the proper standards. The safety of workers, passersby, and the public shall be paramount. Contractor shall not work or perform any operations, particularly during periods of inclement weather,which may destroy or damage ground cover, sports, or turf areas. During the periods when inclement weather hinders normal operations,Contractor shall adjust its work force and schedule. Contractor shall immediately notify the City when the work force has been removed from the job site due to inclement weather or other reasons. Summon and Special Skills The contractor shall assign a supervisor for the north,south, Civic Center, and Zoo districts, as proposed in the labor summary,who will be authorized to act on behalf of the Contractor and who will work regular working hours for the duration of this Contract. He/she shall have at least five(5)years of experience in landscape maintenance supervision. The contractor,and Contractor's staff, must have horticultural expertise and a broad range of experience in plant care and maintenance, including California native and southwest-adapted plants, turf management, entomology, pest control, soils, fertilizers, plant identification, and irrigation system maintenance. The contractor's supervisor shall be capable of communicating effectively both in written and spoken English and have experience in park maintenance projects of the type found in the City of Santa Ana. All supervisors and acting supervisors shall be outfitted by Contractor with a portable personal communication device capable of transmitting and receiving phone calls from anywhere. The crew leader and/or supervisor needs to be available during working hours to meet the CR on any given issue at any service location. Should this individual change, the CR(s) must be notified in writing within five (5) days of the change. 3.17 Managernent and Enforcement 3.17.1 The contractor has the responsibility of providing fully trained and qualified personnel. The CR(s) at each site shall closely monitor the staff activity to detect operational irregularities and non-compliance with contractual requirements. 3,17.1.1 Enforcement is the responsibility of the Contractor, not the City. 3.17.1.2 All specifications shall be managed by the Contractor to ensure the standards are being met. 3.17.2 It is Contractor's responsibility to see that the organization oversees all activities. Furthermore, the Contractor must ensure that standards are met and do not delay, ignore, or otherwise limit its contractual obligations. 3.17.3 Before initiating any task, each site shall be inspected by a knowledgeable and responsible employee of the Contractor, who shall determine the practicality of initiating the operation. Upon the Contractor's determination of the impracticality of initiating the operation, the City shall be consulted. The City's decision shall be final. 3.18 Contact with Minors The contractor providing services at any City location shall provide the City with a list of all persons over the age of eighteen (18)who will be working at such locations. State law provides that the Contractor shall fingerprint all such persons referred to herein and shall obtain criminal history information pursuant to California Penal Code 11105 or 13100 for each individual. Prior to the award of the Contract,Contractor shall provide written verification that all persons, as referred to herein, have not been convicted of any offense involving moral turpitude, nor any offense as specified in Penal Code 11105.3(g), nor any offense relating to the type of services to be performed as determined by the City. Contractor shall pay the costs incurred with the fingerprinting and obtaining the criminal history information. Any misrepresentations with respect to Contractor's obligations under this section or failure to comply with the requirements as stated herein shall constitute a breach of the contract thereby giving City the right to terminate the Contract immediately. Contractor shall indemnify the City for any such breach of this section. SECTION 3 EXECUTION OF WORK 4.1 Subcontracting No performance of this Contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this Contract without said consent shall be null and void and shall constitute a default under this Contract. In the event of such a default, the City may immediately terminate this Contract. In the event the City should consent to assignment or subcontracting, each term and condition of this Contract shall extend to and be binding upon and inure to the benefit of the assigns, successors or administrators of the respective parties. In the event that the City should consent to subcontracting,the Contractor shall include in all subcontracts the following provision:"This Contract is a subcontract under the terms of a prime Contract with the City of Santa Ana. All provisions of that prime Contract shall apply to this subcontract." The Contractor shall indemnify, defend, and hold harmless the City and its employees from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees. 4.2 Contractor Hiring The City encourages Contractor to create new jobs for low or moderate-income persons and Santa Ana youth for its operations under this Contract. Contractor agrees that it shall use good faith efforts to create such new jobs. All qualification and hiring decisions will be made by Contractor. The contractor agrees that it will reasonably cooperate with the City through the City of Santa Ana's Training and Employment Development Officer and staff with respect to recruitment, screening and tracking of employees. In implementing these efforts, such Officer and staff will provide to Contractor, at no cost, pre-screening and pre- qualification of all potential job applicants. Such services include assisting with community outreach to recruit qualified job applicants and conducting pre-screening of all potential job applicants and conducting pre-screening sessions to determine the most qualified applicants for jobs. 4.3 Notice Requirements (for purposes of non-performance or otherwise) Notice shall be in writing,as a work order,and submitted via email to the Contractor and Director of PRM. Notice shall be given on the date shown on the email. Change of email address shall be given in the same manner as other notices. 4.4 Default by Contractor/Terminatio_n Notwithstanding and in addition to payment deductions for Contractor's deficient performance described within Section 2.3.1 (e) of the RFP, the City may terminate this Contract without liability for damages when, in the City's sole opinion, the Contractor is not diligently performing or otherwise not complying in good faith with the Contract, has become insolvent, has assigned or subcontracted any part of the work without the consent of the City, or has otherwise defaulted in the performance of the Contract, and has not otherwise cured such default after a period of ten (10) days' notice given by the City to do so. Suppose a default situation occurs as a result of the Contractor's non-performance and/or non-compliance to the specifications and requirements herein or any other work applicable under this Contract. In that case, Contractor agrees that the City may withhold payment or partial payment of any and all invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. If the City terminates the Contract,the City will give notice to that effect to the Surety and Surety shall, within five (5) business days of delivery of the notice, assume control and perform the work as successor to the Contractor, and shall be paid by the City for all work performed. If the Surety does not comply with such notice within said five(5)day period or, after starting to comply, fails to continue, the City may exclude the Surety and the Contractor from all City facilities and have the work completed by City employees, by another Contractor, or by a combination of such methods. All costs incidental to the default of the Contractor shall be charged to the Contractor and the Surety, and may be deducted from any monies due the Contractor. Surety shall pay,within fifteen(15) calendar days of receipt of an invoice, all such incidental costs less any amount deducted from monies due. 4.5 Temporary Suspension of Work The City Representative(s) (CR)shall have the authority to suspend work by the Contractor,wholly or in part for such period as necessary due to unsuitable work conditions,failure of Contractor to carry out directions, unsafe or hazardous conditions, or failure to perform in accordance with these provisions. The Contractor shall request permission of the CR(s), during City business hours, to temporarily suspend work wholly or in part for such period as necessary due to unsuitable, unsafe, or hazardous work conditions or failure of the City to notify the Contractor of changes in locks, security codes or access to facilities being cleaned. 4.5 Damage Caused by Contractor All damage to existing facilities caused by Contractor shall be repaired or replaced at Contractor's sole expense. All such repairs or replacements shall be completed within the time limits specified by the City below: a. Irrigation damage shall be repaired or replaced within one (1) watering cycle or 24 hours. b. All damage to shrubs, trees, turf or ground cover shall be repaired or replaced within five (5) working days. c. All damage to appurtenances shall be replaced within a period of 30 days. All repairs or replacements shall be completed in accordance with the following maintenance practices: a. Trees: All damage, including minor damage, such as bark lost from impact of mowing equipment or string trimmers, shall be subject to replacement with a tree comparable in species and size, as approved by the City, within 30 days. b. Shrubs/Ground Covers: All damage shall be subject to replacement with a shrub or plant comparable in species and size, as approved by the City, within 30 days. c. Appurtenances: All damage caused by Contractor to components of the facilities or grounds, including but not limited to benches, picnic tables, permanent chairs, irrigation heads, valves, valve boxes, controller boxes, concrete walks, railings, fencing, and gardens shall be corrected at Contractor's expense, within 30 days. 4.7 Non-Emergency Call-Outs Time and materials shall be charged for payment on a separate invoice and pre-approved by the City, (i.e. trash pickup generated by special functions)for those items outside of the normal scope of work. The time and material charges shall be in accordance with the submitted cost proposal. 4.8 Work Not Included Water and electrical billings, except in instances where excessive costs are incurred by the City due to water waste or negligence by Contractor, are not included in this Contract. If the Director of PRM, based upon all of the facts that may be gathered, determines that excessive water and/or utility costs have occurred due to Contractor's work,the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs. 4.9 Signs/ Improvements Contractor shall not post signs or advertising matter on City property unless prior written approval therefore is obtained from the City. SECTION 4 ENVIRONMENTAL REQUIREMENTS 5.1 Environmental Requirements 5.1.1 Contractor shall ensure that all personnel whose responsibilities involve cleaning, waste disposal, or landscaping are trained in Best Management Practices, as set forth in the City's NPDES permit and Storm Water Management Plan. 5.1.2 In preparing its proposal, Contractor shall consider the following conditions pertaining to the completion of the specified maintenance tasks: a. Contractor must conduct all operations in accordance with the City's Storm Water Management Plan and State NPDES. b. Appurtenances must be cleaned by a method(s)which does not result in runoff going into any water body, gutter or storm drains. Only potable water may flow into any water body, gutter or storm drains. c. All wash water must be disposed of in a sanitary sewer. d, No litter, debris, oil, grease, green waste, or other materials and substances may be washed, swept, or blown into the street or storm drains. e. All liquids, including but not limited to, rinse water and cleaning agents, must be properly disposed of in compliance with all laws and regulations. No liquid or product of any kind may be discharged to a gutter, storm drain or paved surface where it could be carried to the storm drain system or to a water body. f. For washing operations, Contractor shall use (1) a high-pressure/low-volume sprayer using only potable water and no cleaning agents at an average use of .006 gallon of water per square feet of surface; or (2) a self-contained power scrubber, which recaptures all wastewater, cleansers, and debris. All wastewater recaptured by a self-contained power scrubber must be disposed of in a sanitary sewer approved by the City. 5.1.3 Contractor shall comply with the City's recycling efforts and program. a. Contractor is required to recycle green waste, keeping it separate from trash and other debris. 5.1A Contractor shall have an Integrated Pest Management policy/program in effect. 5.2 Refuse Disposal 5.2.1 Unless directed otherwise, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service 5.2.2 The City will provide the refuse bins and pay the costs of the disposal, however, the contractor shall dispose of all trash, litter, and debris collected (i.e. refuse) by Contractor in the performance of the daily maintenance tasks including refuse collection, greenwaste, debris, litter, trash, emptying of trash cans, and litter control. The refuse collected by the Contractor in the performance of these tasks shall be transported to a proper disposal site by the Contractor. 5.2.3 No trash, litter, debris, or green waste shall be permitted to be dumped from sites not on this contract, If the contractor is found to abuse the refuse bins, the contractor will assume the responsibility to dispose of and pay for all refuse costs for the remaining terms of the contract. 5.2.4 The contractor shall maintain logs or invoices showing Santa Ana address identifying its refuse collection and disposal activities and make those logs or invoices available to the City for inspection on reasonable notice. 5.2.5 The contractor will not be required to sort recyclable materials from trash and other refuse collected by the Contractor. Recyclable `materials are the property of the City. 5.3 Hazardous Materials Use of any chemicals or hazardous materials by the Contractor in performing services shall be subject to approval of the City and shall be used in accordance with the manufacturer's directions and specifications. Contractor shall store and dispose of chemicals or hazardous materials in accordance with all laws, rules and regulations on the subject. Contractor shall defend, indemnify and hold harmless the City and its officials and its employees for all claims,demands,damage,causes of action,loss,liability,cost or expense relating to the Contractor's failure to comply with this section. 5.4 Sound 1 Noise Control Requirements Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, specifically Santa Ana Municipal Code 8.80 NOISE, that apply to any work performed pursuant to the Contract. 5.4.1 Each internal combustion engine used for any purpose for the work or related to the work shall be equipped with the type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated without such muffler. 5.4.2 The Santa Ana City Council is considering a ban on all fuel-powered leaf blowers. Contractor will not receive additional compensation should such a ban be implemented prior to or after the award of the Contract. 5.4.3 Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be paid. SECTION 5 CHANCES TO THE CONTRACT 6.1 Ci 's Right to do Work The City reserves the right to do work as required within the Contract Areas. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by Contractor as a result of the City's work. 6.2 Changes in Service 6.2.1 Special Events a. The areas contained in this Contract are frequently utilized for special events. Some of these special events (e.g., filming, carnivals, concerts, parades, etc.) will affect regular grounds maintenance operations for extended periods of time. In these instances, the City may request an alternative means of, or alternate schedules for, maintaining these areas. For example: mowing operations in some areas may not be possible due to a filming setup. In this instance, the City may request the Contractor to control the growth of weeds around the area in lieu of mowing, at no different or additional cost other than the amount proposed for mowing. b, Certain damage to turf, irrigation, and other landscaped areas may result from large special events. Contractor is not liable for the repair of such damage, but may be asked to perform said repair work as "Additional Work." Prior to each large special event, the Contractor and the CR will jointly assess the conditions of the designated sites to establish a benchmark for any needed "Additional Work." 6.2.2 Construction Activity & Maintenance Functions a. In the event that construction activity prevents, or limits, Contractor from performing certain maintenance operations, the City, at its discretion, may remove, temporarily or permanently, the affected areas, or maintenance functions, from the Contract and the Contract price shall be reduced pro rata. 6.3 Special Requests Contractor may be requested by the City to perform special tasks that are not included in the normally scheduled work(i.e. citizen requests,coordination with utility locations,or special work orders relative to City functions). It is intended that the Specifications are indicative of the work to be anticipated by Contractor and will allow for reasonable additional work which is considered normal maintenance at no additional cost to the City in order to meet the objectives and criteria. 6.3.1 Soil and Plant Testing Upon request, Contractor shall perform soil or plant testing of selected areas for soil fertility, salt build-up, pathological organisms, percolation tests, etc. Contractor may be required to pay costs of tests if negative results are related to incorrect maintenance practices. These tests will be used to determine whether additional treatments are required. Tests will be requested by the CR(s). Payment shall be in accordance with Unit Work Costs in the cost proposal. SECTION 6 CONTRACT ENFORCEMENT AND EVALUATION 7.1 Contract Enforcement 7.1.1 The contractor or its authorized representative shall meet on the site, as needed, at the discretion and convenience of the City, with a CR to do a site inspection as it relates to determining compliance with the Contract Specifications, site challenges, and/or developing a scope of work. All scheduled and periodic maintenance functions shall have a current status and completion date prior to this meeting and be documented on the electronic monitoring and work order system. Contractor's representative must be authorized to sign documents and make changes to the work. 7.1.2 The City reserves the right to perform inspections at any time to monitor performance. The contractor shall cooperate with the City, State, and Federal representative(s) in the review and monitoring of the Contractor's performance, records and procedures (see Section 7.2). 7.1.3 At the request of the City, the Contractor or its appropriate representative shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract, and description of City policies and procedures. 7.1..4 In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action. 7.2 Performance Evaluation 7.2.1 City staff shall perform site inspections each day at undisclosed times and at various service areas to determine if scheduled tasks are performed as specified. 7.2.2 If the CR determines that any required services are deficiently performed, incompletely performed, or not performed at the appropriate time as specified by the City, the City will give notice to the Contractor via work order or email to correct the deficiency, complete the performance, or perform within a time stated in the notice. If Contractor fails to correct deficiencies within that time, the City may: (a) deduct $300 from Contractor's payment a sum attributable to the deficiency; or(b) upon giving five (5) days' notice to the Contractor for failure to correct the deficiencies, City may correct the deficiencies. The costs incurred by completion of the work by an alternate source, whether it be City forces or another contractor, will be deducted from the payment to the Contractor from the City, as determined by the City. 7.2.3 A sum of $300.00 will be deducted from the base payment amount for each deficiency per occurrence. 7.2.4 City staff will perform these site inspections utilizing the City's contract performance management system on-site with portable electronic devices with a data connection. These devices allow for performance deficiencies to be documented immediately while completing, which will send a notification immediately to the Contractor. CITY OF SANTA ANA 7.2.5 The action above shall not be construed as a penalty, but as an adjustment of payment to the Contractor to recover a portion of City costs due to the failure of the Contractor to complete or comply with the provisions of this Contract. EXHIBIT B VARIOUS CITY SITE MAPS hL z Pill, low. 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I: a 'Y R ` LI Vol - •. .-17f. aN� a - �i' rnW Seger.strom Ave W Carriage Dr 7 rD O 0) 3 W Garry Ave Y'Garry A'1e rn W fn _ o r m W Nloore Ave Ana River Bike Trail - !Alton Ave Rarto�rnerr e - Slackhawk Dr = to a a rook Dr N a N id Rd w Mac Arthur Blvd N_ N � � v C ` CD U v o o G. LL T m C 7 U EO a0 Y N y za w U W a p a) a. _ LL LL a a a 000 a RF r iD ij k PU Ls 9. { - - 0INS, .cu CD 11 111 �2 r � Jw .t �1 V S f i .i r � FS tl5!'• z . -1 " r t. c m c a vcu m �� o c c a •� c Cf) cli ~ c o ® T act LL a � O U) v r I mm r 6 lint MS ' s. r ,. I att' _ t xi Ar at's VON" lot �: `A •J Jq►'r � � � 'i< A.1y i '�� e + VMjrner Ave rn Sto CFnIK of Z CD gran<je Coon CL Hall okve " m cn W Ada OL w K-f CIO { W _ V RvA wpm N - 3 N V N N _ -p j 6. 7 of m N Y (Q o W n `6 d m a �, a' u m c7 ii m • o LL = it •�► �d �� �"� >kr yi i .S cis•' t �� � t :„- � � ,�`i .,iR� �I i I •r.`: } to School - •; ��a '` ^p Qt IN Jero�Park"'�'�� f Fadden Av W McFadden Ave a � - .. o ti • r?� - i 3 r _ LS ONOINVIO'S ie c ,. 16 J. kn t Ag.) i" AV 1SAM N301O9 S M c 00 f° Y L O d U N LL L Y L V l4 %., . ; a. Y MW io EL w . i t � fr a ri 4 r rr ti 4 a ` �a d mo Y `O fC t0 a Cn CN v N v LL a m o � r Z � �,1 + we ; � c ;v- .rr� I _ i 44 �. I Santa Ana PAAL Center Wr s .Alp , J� s �I k f I i " "l6e � m = 01 r c Y Cl)Q v U ) O o o - v m o d V c �p a t m _ Y fC n rn O �r o, « E a 0 Y d C N E o ILL U w = Q L �. U UJ �u- m 2 a C7 `O u00 ;-1, 1 0 00 0 lC C lC o �/1 d r G .•, "'o a. --J t yy 1 Y - 71 16 1 i i i I r k f , --- • y '_ A 5 M � r � r mow► . I A M1 L ♦ Art •' a L i° v �_ f6 N 7 ti N LL p p 3 cn O a o+ (n d �+ 0 Y fC o CL o rn d a 3p N a �- «+ Co ca N w `p tL a� U c t!) p LL N d u H p v • LL00a Q00 O JL 'A i EXHIBIT C PRICING PROPOSALS/RATES ADDENDUM 2-EXHIBIT I ATTACHMENT A-2 REVISED PROPOSAL PRICING DISTRICT 1 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Full Time EQUIPMENT MATERIALS TRIP CHARGE DUMPING,ETC. Acreage; Monthly Rate Yearly Rate Equivalents Cesar Chavez/Campesino 7 $ 10,500.00 $ 126,000.00 10 Edna 2 $ 6,750.00 $ 81,000.00 10 El Salvador 9 $ 13,600.00 $ 163,200.00 10 King St.Park' TBD $ 1,900.00 $ 22,800.00 Memory Lane 0.6 $ 1,850.00 $ 22,200.00 10 Riverview 8 $ 10,800.00 $ 129,600.00 10 Rosita 8 $ 12,000.00 $ 144,000.00 10 Other(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS TRIP CHARGE,DUMPING ETC.) Acreage" 17`h St.&Santa Ana River Triangle 0.69 $ 1,450.00 $ 17,400.00 10 Fairview Triangle 0.73 $ 1,450.00 $ 17,400.00 10 Annual Total $ 607300.00 $ 723,600,00 10 'Future Park DISTRICT 1:SANTA ANA LIBRARY Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage" Monthly Rate Yearly Rate Equivalents ETC. New Hope Libray 0.56 $ 1,950.00 $ 23,400.00 3 Annual Total $ 1,950.00 $ 23,400.00 3 DISTRICT 2 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time E UIPMENT MATERIALS TRIP CHARGE DUMPING ETC.) Equivalents loth and Flower Park' 1.7 $ 1,500.00 $ 18,000.00 12 Angels Community 1.7 $ 3,335.00 $ 40,020.00 12 Birch 2.4 $ 2,175.00 $ 26,100.00 12 Cabrillo 7.3 $ 6,420.00 $ 77,040.00 12 Cabrillo Tennis Center 7.6 $ 3,775.00 $ 45,300.00 12 Cheppa's 0.4 $ 675.00 $ 8,100.00 12 Eldridge 1.2 $ 2,000.00 $ 24,000.00 12 Fisher 1.5 $ 2,075.00 $ 24,900.00 12 French 0.2 $ 500.00 $ 6,000.00 12 Garfield 0.1 $ 325.00 $ 3,900.00 12 Mabury 5.5 S 3,560.00 $ 42,000.00 12 Mariposa 0.5 $ 800.00 $ 9,600.00 12 Morrison 5.9 $ 5,675.00 $ 68,100.00 12 Portola 9.1 $ 7,900.00 $ 94,800.00 12 Saddleback View 0.9 $ 1,550.00 $ 18,600.00 12 Santiago(including bike trail) 26 $ 19,825.00 $ 237,900.00 12 Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Acreage 602 N.Garfield Street 0.2 $ 250.00 $ 3,000.00 12 Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage ETC. Garfield Community Center 0.2 $ 250.00 $ 3,000.00 4 Plaza Calle Cuatro 0.2 $ 275.00 $ 3,300.00 4 Sarah Mae Downie Herb Garden 0.1 $ 275.00 $ 3,300.00 4 Santa Ana Stadium 6.9 $ 6,500.00 $ 78,000.00 4 Willard Playground 0.2 $ 400.00 $ 4,800.00 4 Annual Total r $ 69,980.001 $ 839,760.00 12 *Future Park DISTRICT 2:COMMUNITY DEVELOPMENT AGENCY Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate Full Time ETC.) Equivalents 2nd St from Broadway to Sycamore 0.1 $ 300.00 $ 3,600.00 2 4th St.from Ross to French 0.5 $ 285.00 $ 3,420.00 2 Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC. Acreage Monthly Rate Yearly Rate ) Equivalents NE corner of 3rd St.and Bush St. 0.8 $ 400.00 $ 4,800.00 2 312 N.Bush Street 0.1 $ 285.00 $ 3,420.00 2 Annual Total $ 1,270.00 $ 15,240.00 2 DISTRICT 3 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage* Monthly Rate Yearly Rate Full Time EQUIPMENT MATERIALS TRIP CHARGE DUMPING ETC. Equivalents Bristol/Tolliver Park* 1.1 $ 1,300.00 $ 15,600.00 3 Bomo Koral 11 $ 9,250.00 $ 111,000.00 12 Delhi 10.4 $ 9,250.00 $ 111,000.00 12 Lillie King 9.6 $ 9,000.00 $ 108,000.00 12 Madison 6 $ 6,785.00 $ 81,420.00 12 Memorial 15.5 $ 13,340.00 $ 160,080.00 12 Maple Occidental Exercise Park 0.43 $ 825.00 $ 9,900.00 3 Pacific Electric 1.4 $ 1,250.00 $ 15,000.00 5 Sandpointe(including paseos) 7.7 $ 6,925.00 $ 83,100.00 12 Segerstrom 1.2 $ 1,2S0.00 $ 15,000.00 3 Standard and McFadden Park 0.64 $ 825.00 $ 9,900.00 3 Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate ETC. Flower Trail(Flower/Warner to Flower/Sunflower) 1.5 $ 3,190.00 $ 38,280.00 5 Pacific Electric Trail(Chestnut/Maple to Alton/Bristol) 3.S $ 7,100.00 $ 95,200.00 5 Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Acreage Monthly Rate Yearly Rate 300 S.Main Street 0.4 $ 845.00 $ 10,140.00 3 1022 S.Main Street 0.1 $ 845.00 $ 10,140.00 3 Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate ETC. Roosevelt/Walker Comm.Center 1.3 $ 2,385.00 $ 28,620.00 5 Unused Property(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate ETC. 625 S.Cypress-Cypress Fire Station 0.17 $ 825.00 $ 9,900.00 3 Annual Total $ 75,190.00 $ 902,280.00 12 *Future Park DISTRICT 3:COMMUNITY DEVELOPMENT AGENCY Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate Full Time ETC.) Equivalents Carnagie Homeless Shelter TBD Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Acreage NE corner of 3rd St.and Bush St. 0.8 district 2 312 N.Bush Street 0.1 district 2 Annual Total DISTRICT 4 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Full Time EQUIPMENT MATERIALS,TRIP CHARGE DUMPING ETC. Acreage Monthly Rate Yearly Rate Equivalents 1st/Mountain View Park' 1.7 $ 1,500.00 $ 18,000.00 3 Adams 7 $ 8,2S0.00 $ 99,000.00 13 Centennial 87 $ 22,775.00 $ 273,300.00 15 Ed Caruther's Park` 1.1 $ 1,650.00 $ 19,800.00 3 Friendship 0.1 $ S00.00 $ 6,000.00 3 Heritage 8 $ 8,800.00 $ 105,600.00 13 Jerome 14 $ 10,100.00 $ 121,200,00 13 Santa Anita 5 $ 7,000.00 $ 84,000.00 13 Thornton 35 $ 17,300.00 $ 207,600.00 15 Windsor 12 $ 9,3S0.00 $ 112,200.00 13 Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate Equivalents ETC. Bear Street(Segertrom Ave.to MacArthur Blvd.) 0.49 $ 1,300.00 $ 15,600.00 5 Greenville Street(North of Hall Ave.to 5egerstrom Ave.) 0.38 $ 1,500.00 $ 18,000.00 5 Jerome(Monte Vista Ave to McFadden Ave) 0.25 $ 1,200.00 $ 14,400.00 5 MacArthur Blvd(Santa Ana River Trail to MacArthur Blvd) 0.06 $ 1,100.00 $ 13,200.00 5 St. Andrew Pl./St.Gertrude Pl. 0.18 $ 1,100.00 $ 13,200.00 5 Raitt Street(Segertrom Ave.to Alton Ave.) 0.25 $ 1,2S0.00 $ 15,000.00 5 Other(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC.) McFadden Triangle 0.94 $ 2,000.00 $ 24,000.00 5 Annual Total $ 96,675.00 $ 1,160,100.00 15 "Future Park DISTRICT 4:SANTA ANA POLICE DEPARTMENT Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage' Monthly Rate Yearly Rate Equivalents ETC. Santa Ana PAAL Center 0,52 $ 1,400.00 $ 16,800.00 5 Annual Total $ 1,400.00 $ 16,800.00 S CIVIC CENTER CIVIC CENTER (MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate Equivalents ETC. $ 48,449.00 $ 581,376.00 9 Annual Total $ 48,448.001 $ 581,376.00 9 SANTA ANA 200 ZOO (MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC.) Equivalents 20 $ 4S,120.00 $ 541,440.00 7 Annual Total $ 45,120.00 $ 541,440.00 7 l NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEiMENT TO THE CLERK OF THE COUNCIL Contractor DMS Facility Services, LLC Name: Project TBD (3) Number: Project TBD (3) Name: The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: TYPE OF INSURANCE POLICY EXPIRATION COI DATE FILE NUMBER DATE NAME 23-24 DMS - AUTOMOBILE LIABILITY AS6691458727073 10/01/2024 09/26/2023 City of Santa Ana(5).pdf 23-24 DMS - GENERAL LIABILITY TB2691458727083 10/01/2024 09/26/2023 City of Santa Ana(5).pdf PROFESSIONAL LIABILITY WAVER 02/05/2025 02/05/2024 COI Letter.pdf WORKERS COMPENSATION AND 23-24 DMS - EMPLOYERS'LIABILITY WA769D458727063 10/01/2024 09/26/2023 City of Santa Ana(5).pdf No further action is required at this time. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 2/12/2024 11:23 AM 712/10/2025 E(MM/DD/YYYY) ACORN® CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jenna Gent HUB International Great Plains, LLC PHONE FAX 11516 Miracle Hills Drive A/c No EXt: 402-964-5400 A/c,No: E-MSuite 100 ADDRESS: jenna.gent hubinternational.com Omaha NE 68154 INSURER(S)AFFORDING COVERAGE NAIC# License#:17808 INSURERA: Liberty Insurance Corporation 42404 INSURED DMSFACI-02 INSURERB: Liberty Mutual Fire Insurance Company 23035 DMS Facility Services LLC INSURERC: First Liberty Insurance Corporation 33588 DMS Facility Services, Inc. 1040 Arroyo Drive INSURERD:Travelers Property Casualty Company of America 25674 South Pasadena CA 91030-2908 INSURERE:AIG Specialty Insurance Company 26883 INSURERF: Navigators Specialty Insurance Company 36056 COVERAGES CERTIFICATE NUMBER:227972612 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD B X COMMERCIAL GENERAL LIABILITY TB2-691-458727-085 10/1/2025 10/1/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE REMISES EaS(E. ED P occurrence $100,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fyl POLICY PECOT- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: BI/PD Deductible $100,000 C AUTOMOBILE LIABILITY AS6-691-458727-075 10/1/2025 10/1/2026 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ D X UMBRELLA LAB I X OCCUR CUP-6S829988-25-NF 10/1/2025 10/1/2026 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$1 n nnn $ A WORKERS COMPENSATION WA7-69D458727-065 10/1/2025 10/1/2026 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 E Contractors Pollution CP016083633 10/1/2025 10/1/2026 Each Loss 1,000,000 F Liability CH25EXCZOMMMCIC 10/1/2025 10/1/2026 Aggregate 1,000,000 Excess Umbrella Ea Occ/Aggregate $5M/$5M DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: RFP No 23-151 -Landscape Maintenance.Additional Insured with respects to General Liability, including ongoing&completed operations,as required by written contract: City of Santa Ana, its officers,employees,agents and representatives. Additional Insured on a primary and non-contributory basis with respects to General Liability as required by written contract.30 days' Notice of Cancellation provided with respects to General Liability,Auto&Workers Compensation as required by written contract.Waiver of Subrogation in favor of City of Santa Ana with respects to General Liability,Auto Liability,and Workers' Compensation coverage. Digitally signed Tu Tran byTuTran Nguyen N u enDate:2 APPROVED �/ 15-5922-0800' J 15:59:22-OB'00' By Tu Tran Nguyen at 3:58 pm,Dec 10, 2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attention: PWA-Parks, Fleet& Facilities 20 Civic Center Plaza, M-92 AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 �� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DMS Facility Services,LLC Policy Term 10/1/2025 - 10/1/2026 Business Auto Policy Policy Number: AS6-691-458727-075 Issued By: :he First Liberty :nsurance Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided uncle,the following- BUSINESS AUTO COVEPAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTON10BILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person(s)/ Email Address or mailing Number Organization(s): address: Days Notice: broker will provide iist of 30 organizations and contacts at least 10 days prior to the advanced notification date A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any. before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notifcationi will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 V 2011, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. DMS Facility Services LLC Policy Term 10/1/202�40/1/2026 Business Auto Policy Policy_ No. AS6-691-458727-075 e. Carry-over balances from previous loans or leases. This coverage is limited to a maximum of$1,500 for each covered "auto". XXILLIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY- NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER, IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph B.7.of SECTION IV- BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or"loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV- BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any"insured"who is not a resident of the United States. XXIII.WAIVER OF SUBROGATION Paragraph A.5! in SECTION IV- BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of"accident", to waive rights of recovery against such person or organization. AC 84 07 11 17 ®2017 Liberty Mutual Insurance Includes copyrighted material or Insurance Services Office, Inc.,with its.per_mission. DMS Facility Services,LLC Policy Term 10/1/2025-10/l/2026 Commercial General Liability Policy Number TB2-691-458727-085 Issued by LIBERTY MUTUAL FIRE LtiSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance prcvidec under the following BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY-UMBRELLA COVERAGE FORM Schedule j Name of Other Person{s)/ Email Address or mailing address: Number Days Notice: O�anization(sJ: Brcker will provide list of 30 organizations and contacts at least 10 days prior to the advanced netifieaGon date A. If we cancel this policy for any reason othe, than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or ma:6ng address listed above at least 10 days,or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notfication will not extend the policy cancellation date nor negate cancel ation of the Dol cy. All othe.-terms and conditions of this policy remain unchanged. LIM 99 01 05 11 Oc 2011 Liberty Mutual Group of Companies.All rights reserved. Page 1 of 1 includes copyrighted material of Insurance Services Office, Inc.,with its perm;ssion. DMS Facility Services,LLC Policy Term 10/l/2025-10/l/2026 Commercial General Liability POLICY NUMBER: TB2-691-458727-085 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION r This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only with work, on the project (other than service, respect to liability for "bodily injury', "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury' on behalf of the additional insured(s) at the caused, in whole or in part, by: location of the covered operations has been 1. Your acts or omissions;or completed;or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its in the performance of your ongoing operations for intended use by any person or organization other than another Contractor or subcontractor the additional insured(s) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III—Limits Of Insurance: law; and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured will amount of insurance: not be broader than that which you are required 1. Required by the contract or agreement; or by the contract or agreement to provide for such additional insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury' or applicable Limits of Insurance shown in the "property damage"occurring after: Declarations. SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): As specified in a written agreement which is signed in N/A advance of the"occurrence"or offense for which the additional insured seeks coverage. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. CG 20 10 04 13 0 Insurance Services Office. Inc., 2012 Page 1 of 1 DMS Facility Services,LLC Policy Tenn 10/l/2025-10/l/2026 Commercial General Liability Policy No.TB2-691-458727-085 COfv AERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETEDOPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to tnese include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury' or If coverage provided to the additional insured is "property damage" caused, in whole cr in part, by required by a contract or agreement, the most we your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of 1. The insurance afforded to such additional Insurance shown in the Declarations; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured is Limits of Insurance shown in the Declarations. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As specified in a wrhen agreement which is signed in N/A advance of the "occurrence" or offense for which the additional insured seeks coverage. Information required to complete this Schedule, 0 not shown above. will be shown in the Declarations. CG 20 37 04 13 P Insurance Services Office, Inc.,2012 Page 1 of 1 DMS Facility Services,LLC Policy Term 10/1/2025-10/1/2026 Commercial General Liability Policy No. TB2-691-458727-085 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 ®Insurance Services Office, Inc.,2012 Page 1 of 1 DMS Facility Services Policy Term 10/1/2025-10/1/2026 Commercial General Liability Policy No.TB2-691-458727-085 (5) Punitive or exemplary damages,fines or penalties. C. The following definition is added to Section V—Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. D. Other Insurance The insurance provided by this Item 7. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 8. Newly Formed Or Acquired Entities A. Paragraph 3.of Section II—Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for the organization.or (3) The end of the policy period whichever is earlier; b. Section I—Coverage A—Bodily Injury And Property Damage Liability does not apply to"bodily injury' or "property damage"that occurred before you acquired or formed the organization;and c. Section I -- Coverage B — Personal And Advertising Injury Liability does not apply to "personal and advertising injury'arising out of an offense committed before you acquired or formed the organization. B. The insurance afforded to any organization as a Named Insured under this Item 8. does not apply if a Broad Form Named Insured endorsement attached to this policy applies to that organization. Item 9. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery because of payments we make under this policy for injury or damage arising out of your ongoing operations or "your work" included in the "products-completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury' or "property damage" occurs, or offense giving rise to "personal and advertising injury'is committed subsequent to the execution of the written contract or agreement. Item 10. Knowledge Of Occurrence Or Offense Knowledge of an "occurrence" or offense by your agent, servant or"employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" designated by you to notify us of an "occurrence" or offense has knowledge of the "occurrence"or offense. LC 04 44 01 17 G 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Workers'Compensation Policy No.WA7-69D-458727-065 NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Schedule Name of Other Person(s)! Email Address or mailing address: Number Days Notice: Organization(s): Schedule on file with the Schedule on file with the 30 company company All other terms and conditions of this policy remain unchanged. Issued To Effective Date Premium $ DMS Facility Services,LLC 10/1/2025-10/l/2026 WC 99 20 75 ©2016 Liberty Mutual Insurance Page 1 of 1 Ed. 12/01/2016 Workers'Compensation Policy No.WA7-69D-458727-065 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 20.. of the California workers' compensation premium otherwise due on such remuneration. Schedule Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charge of$250 Person or Organization Job Description Where required by contract or written agreement prior to loss and allowed by law. Issued by Liberty Insurance Corporation 21814 For attachment to Policy Effective Date Premium S Issued to DMS Facility Services,LLC 10/l/2025-10/l/2026 WC 04 03 06 Page 1 of 1 Ed:04/1984 CITY OF SANTA ANA �.. Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR PROFESSIONAL LIABILITY INSURANCE I, Loren IL Dotts ("Representative"),attest that I am an authorized (Name and Title of Vendor Representative) representative of DMS Facility Services ("Company"), and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company, I represent and confirm the following, as relates to the agreement between Company and City of Santa Ana, agreement number 23-151 ("Agreement")to provide DMS Facility Services ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana, Company will not use the services of an expert necessitating professional liability/errors 11 &omissions liability insurance coverage in the performance of Services to,for,or on behalf of City of Santa Ana. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum professional liability insurance coverage as required in the Agreement, it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. _ _ __ __ --�► ____ _December 10,2025 / Sign Date Loren R.Dotts Print Name President Title (626) 831-5040 Loren. Dotts@dmsfacilityservices.com Contact Information,i e,Telephone Number and/or Email Address Affidavit of Exemption for Professional Liability Insurance 11.12.2024 Exhibit 2 INSURANCE ON FILE A-2024-007-02 WORK MAY PROCEED UNIT L INSURANCE EXPIRES CITY CLERK DATE: FEB 2 0 2024 AGREEMENT WITH LANDSCAPE WEST MANAGEMENT SERVICES,INC. D' PWfl L2� TO PROVIDE GROUND MAINTENANCE SERVICES (jACfV"0(0) THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between Landscape West Management Services, Inc.,a California corporation("Contractor"),and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. On October 20, 2023 the City issued Request for Proposal No. 23-151 ("RFP"), by which it sought Contractors to provide grounds maintenance services to City parks, bike trails, open spaces, and parking lots with assignment of the varied City districts to be assigned to the selected Contractors. A. Contractor submitted a responsive proposal that was amongst one of the four(4)vendors selected by the City.Contractor represents that it is able and willing to provide the services described in the scope of work that was included in the RFP. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference for the Santa Ana Civic Center. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. The total aggregate sum for services, provided by all four (4) Contractors selected under RFP 23-151, shall not exceed $35,737,920 for the entire term of this Agreement, including any extension periods exercised by the parties,as detailed below. The annual aggregate amount, available to all the selected Contractors, shall not exceed $7,147,584,which includes a base annual amount of$5,228,320 plus a contingency of $1,919,264 for services to be exercised at the City's sole discretion. Page 1 of 10 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on February 1,2024 for a three(3)year term until January 31, 2027, with the option for the City to grant up to two (2) one (1)year renewals, exercisable by a writing by the City Manager and the City Attorney,unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works"and"maintenance"projects. If the services being performed are part of an applicable "public works" or"maintenance"project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property Page 2 of 10 embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives,employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering COL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $t,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than$1,000,000 per accident for bodily injury and property damage. • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Page 3 of 10 Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials,employees,and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance(at least as broad as ISO Form CG 20 10 11 85 or if notavailable,through the addition of both CG 20 10, CG 20 26,CG 20 33,or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation,but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies(note—should be applicable only to professional liability,see below) If any of the required policies provide claims-made coverage: 1. The Retroactive Date must be shown,and must be before the date of the contract or the beginning of contract work. Page 4 of 10 2. Insurance must be maintained and evidence of insurance must be provided for at least five(5)years after completion of the contract of work 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date,the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause)and a copy of the Declarations and Endorsement Page of the COL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete,certified copies of all required insurance policies, including endorsements required by these specifications, at any time, Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees,contractors,special counsel,and representatives from liability: (1)for personal injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation, restitution,judicial or equitable relief suffered,or alleged to have been suffered,by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify,hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City,regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity Page 5 of 10 shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to,or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement: 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and 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. 12. 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. Page 6 of 10 i 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color,creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion,termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City.Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign,transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) 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. Page 7of10 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy.No waiver of any breach, failure or right,or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County,California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits,approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California,the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice,tender, demand,delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. BOX 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) Page 8 of 10 P.O. Box 1988 Santa Ana,California 92702 To Contractor: Landscape West Management Services, Inc. Attn: Michael Garibay,President 1234 N. Blue Gum St. Anaheim, CA 92806 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state,County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 9 of 10 i IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written ATTEST: CITY OF SANTA ANA enmfer all - Tomas R. I latch erk ,,°"� Interim City Manager APPROVED AS TO FORM CONTRACTOR: SONIA R CARVALHO City Attorney B `'+� Jonathan T Martinez% Michael Garibay Assistant City Attorney President RECOMMENDED FOR APPROVAL �4 Nabil Saba, PE Executive Director Public Works Agency Page 10 of 10 EXHIBIT A SCOPE OF SERVICES i i CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES TABLE OF CONTENTS I. GENERAL MAINTENANCE OPERATIONS A. General Operations 5 B. Specialty/ Sports Areas 6 1. Sand Court Areas 6 2. Hard Surface Areas 7 3. Bicycle Trails/AC Walkways 7 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails 7 5. Parking Lots, Bike Trails, and Roads 7 II. IRRIGATION A. General Information 9 B. Water Management 9 C. Maintenance 11 D. Repair 13 E. Personnel 14 F. Materials 14 III. TURFGRASS A. Maintenance—Overview 16 B. Inspections— Sports/Priority Turf 18 C. Casual Turf 18 D. Sports/Priority Turf 19 E. Renovation Process 21 IV. EDGING AND DETAILING A. General Specifications 23 V. GROUNDCOVER A. General Specifications 24 VI. SHRUBS RFP 23-151 Landscape Maintenance Services Page 21 of 135 (9) CITY OF SANTA ANA A. General Specifications 26 VI I. VINES A. General Specifications 28 VIII. TREES A. General Specifications 29 B. Trees Under 15 Feet 30 IX. LAKE MAINTENANCE A. General Specifications 32 X. PEST CONTROL A. General Specifications 33 B. Procedure 33 XI. WEED CONTROL A. General Specifications 36 B. Weed Control of Hard Surfaces 36 C. Weed Abatement of Fallow or Undeveloped Lands 36 XII. LITTER AND DEBRIS MANAGEMENT A. General Specifications 38 B. Schedule 38 C. Pressure Washing 39 XIII. HOMELESS TASKS /CLEANUP A. General Specifications 40 XIV. DRAINAGE APERTURES A. General Specifications 41 XV. PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 42 XVI. GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 43 XVII. REPORTS AND SCHEDULES A. General Specifications 44 B. Reports 44 RFP 23-151 Landscape Maintenance Services Page 22 of 135 (9), CITY OF SANTA ANA C. Schedules 45 XVIII. IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 47 B. Irrigation Schedules 47 XIX. CIVIC CENTER A. General Specifications 48 B. Annual Color Planting and Maintenance Specification at Civic Center 49 C. Vandalism 50 D. Quality of Life Team (QOLT) at Civic Center 50 XX. LAWN BOWLING A. General Specification, Lawn Bowling 53 XXI. CENTENNIAL PARK A. Centennial Park 55 XXII. VACANT LOTS A. Vacant Lots 56 XXIII. SANTA ANA STADIUM A. Santa Ana Stadium 57 XXIV. SANTA ANA ZOO A. Santa Ana Zoo 58 RFP 23-151 Landscape Maintenance Services Page 23 of 135 w CITY OF SANTA ANA SECTION I GENERAL MAINTENACE OPERATIONS This section establishes overall daily contract requirements that the Contractor shall perform unless otherwise specified in later sections. Other specifications given per section are to be utilized as unexpected situations arise and clarification of service is required. It is Contractor's obligation to fully understand the grounds' landscape specifications. Additionally, for all mulch and compost needs that are necessary for Landscape Maintenance, the City's Refuse Contractor Republic Services shall provide freee mulch and compost for all City projects. For all other mulch and compost that requires the Contractor to procure, the the Contractor shall: • Use Compost and Senate Bill (SB) 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovations, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). • Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to the City's Solid Waste Enterprise annually upon request. Information to be provided shall include: o General description of how and where the product was used and applied; o Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; o Quantity and type of each product; and o Invoice or other record demonstrating purchase or procurement A. General Operations 1. All areas shall be inspected daily and be maintained in a neat, clean, and safe condition at all times. 2. All drinking fountains shall be checked weekly and kept clean. Clean is defined as free of standing water, disinfected, free of calcium deposits or other encrustations, well-polished, and with drains/collectors cleaned of silt and debris. 3. All sidewalk areas within maintained areas shall be clean and cleared of debris at all times. 4. All leaves, paper,trash, and debris shall be removed from landscape and hardscape areas daily and disposed of offsite. 5. Trash cans provided by the City shall be emptied daily and washed after emptying when necessary, as determined by the City Representative (CR). All tops/lids shall RFP 23-151 Landscape Maintenance Services Page 24 of 135 CITY OF SANTA ANA be wiped clean weekly. All missing lids shall be reported immediately. 6. All concrete drains and other surface drains under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow daily. 7. All other drainage facilities shall be cleaned of all vegetation and debris daily, or as necessary. 8. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be immediately made safe and reported to the CR. 9. All barbecue grills, and hot coal containers, shall be emptied of all ashes twice weekly, once on Thursday and once on Sunday mornings. 10. All park benches, picnic tables, play equipment, and band shells shall be steam cleaned or pressure washed per the pressure washing schedule and specifications. Sanitization may vary with use. 11. Reserved picnic sites are a top priority. These sites shall be cleaned and blown by 8:00 a.m. daily, including weekends, holidays, and other times if deemed necessary. Pressure washing will be on a schedule, refer to the pressure washing section, but may require additional pressure washing as determined by CR. 12. The contractor shall spray monthly in all listed areas to control weed growth. 13. The contractor shall check all dog bag dispensers daily, and restock them as necessary. The contractor shall report missing and/or broken dispensers, on the same day, to the CR. The bags shall be provided by the City. 14. All tree limb failures shall be reported to the CR and collected along with any debris within 72 hours. 15. Six-Month Service: a. On January and July of each year the Contractor shall change out old flags and replace them with fresh, new all-weather flags to be provided by the City. Contractor shall follow all flag etiquette regarding the proper care, storage, delivery, and replacement of our American, City, and any other flags. Contractor shall deliver the old and worn flags to the the Park Services Inspector so flags properly folded and cared for. 16. Contractor shall inspect the basketball courts and tennis nets, and replace if required. The City will provide these materials. B. Specialty/ Sports Areas 1. Sand Court Areas These areas include tot lots, play areas, volleyball courts, etc. a. All sand areas, including tot lots, shall be cleaned with a basket sand rake to remove leaves and debris and leveled daily. The use of hand- held or backpack blowers or other devices shall not be substituted for raking. b. Sidewalks adjacent to tot lots must be swept or blown daily. Care should be exercised to avoid any patrons using the tot lots. Contractor shall decide when to schedule maintenance activities around their use. RFP 23-151 Landscape Maintenance Services Page 25 of 136 CITY OF SANTA ANA c. All areas shall be kept free of weeds at all times. d. There shall be no spraying of weeds in sand court areas. e. Areas shall be edged and the turf surrounds maintained. If sand berms accumulate in turf, they must be removed and replaced with sod. f. All sand areas shall be rototilled monthly, at least three (3) weeks apart, to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand (approximately 12"). After rototilling, all areas shall be raked level. g. Sand shall be replenished as necessary to maintain optimum level in each area. Generally, six inches (6") below the top of the concrete curbing is acceptable. However, dependent upon play equipment footing, the final level shall be determined by CR for each area. Sand will be provided by the City but spread and leveled by the Contractor. h. In the event of storms and periods of excessive rainfall, or the sand court areas become flooded resulting in standing water, the Contractor shall remove the water immediately, as directed by the CR. Water shall be discharged to a safe area. 2. Hard Surface Areas These areas include concrete sidewalks, medians, skate parks, tennis courts, handball courts, basketball courts, bicycle trails, asphalt concrete (AC) walkways, and bandshells. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept or blown daily to remove all deposits of silt, sand, glass, and all foreign objects. c. All sports courts, stages, and bandshells shall be power washed per the pressure washing schedule, or as needed. The contractor will work with the CR to determine the schedule. d. Cracks and crevices must be kept free of weeds at all times. e. Sidewalks should be blown daily, reference Section A., General Operations, No.3. 3. Bicycle Trails/AC Walkways Special emphasis shall be placed on chemical edging along these areas to prevent damage to asphalt by vegetation. All such damage shall be repaired at Contractor's sole expense. 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails RFP 23-151 Landscape Maintenance Services Page 26 of 135 CITY OF SANTA ANA DG walkways and trails require additional attention to be properly maintained. The two(2) most common conditions are an uneven surface and lack of moisture. Both issues can make the material unstable and sand-like, creating an unsafe surface. a. The integrity of the surface must be kept intact at all times. b. The contractor shall perform daily inspections of DG surfaces. c. Borders of DG areas shall be kept in proper repair and well-defined at all times. d. DG areas shall be kept free of weeds at all times. e. Monthly maintenance of DG areas shall be according to industry standards. f. Contractor shall immediately repair any DG areas where holes or ruts are apparent, or where the surface becomes uneven. g. Materials will be supplied by the City to maintain the integrity of the product. 5. Parking Lots, Bike Trails, and Roads These areas include parking lots and roads located within the boundaries of the parks, or areas directly adjacent to parks,and whose primary purpose is to provide vehicle parking for patrons. Street parking areas that are not meant specifically for park users will not be included in this section.Areas in doubt should be clarified with the CR. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept, blown, and/or vacuumed weekly to remove all debris and deposits of silt and/or sand and glass. c. Cracks and crevices shall be kept free of weeds at all times. d. Illegally dumped foreign substances, such as motor oil, shall be properly cleaned immediately. RFP 23-151 Landscape Maintenance Services Page 27 of 135 CITY OF SANTA ANA SECTION II IRRIGATION The irrigation system consists of all components from the outflow side of the meter. The Contractor shall control the irrigation programming components with the coordination of the CR, while the CR will control those components operated by the central programming software Calsense. All manual control systems shall be directly overseen weekly, and in a manner, which allows the irrigation specification to be completed. Contractor shall employ a certified irrigation specialist per district, Zoo, and Civic Center. A. General Information Water management within the City landscape maintenance areas is guided by the following parameters: 1. Application of water to landscape plants at a rate closely matching the demands of plant material; 2. Minimizing runoff; 3. Water conservation and plant health are given equal consideration; 4. Roadway condition and safety; 5. Safe surfaces for community use; 6. Water budget; and 7. Plant health. B. Water Management Water conservation is a top priority for the City and shall be incorporated into all irrigation programming. The irrigation schedule is dynamic and regularly needs to be altered to meet the needs of the City landscape. CR shall determine the schedule and Contractor shall program the controllers to meet this schedule. Landscape irrigation is currently being switched to Calsense Central Control. It is intended that the City will perform water management responsibilities within the central control system. 1. City of Santa Ana irrigation system includes: a. Battery controllers (Hunter Nodes) in valve boxes b. Non-centrally controlled manual clocks c. Hydraulic valves d. Thermal valves e. Quick coupler systems f. Electric valves g. Solar-powered controllers (Left) RFP 23-151 Landscape Maintenance Services Page 28 of 135 CITY OF SANTA ANA 2. Controller programs shall incorporate the following: a. Calsense Central Control software shall be exclusively utilized for all controllers with available connections. Field checks shall be required to verify the success of programming as it applies to a specific location. Field checks will be the responsibility of the Contractor, who will report to CR. b. Water must be conserved while meeting the needs of the plant material. c. The City of Santa Ana Water Department (SAWD) management requirements shall be followed unless the CR approves an alternate schedule. d. Contractor shall avoid weekend watering unless approved by CR. e. Contractor shall water deeply and infrequently for all tree and shrub applications. f. Contractor shall utilize cycle/soak principles to encourage deep rooting of all plant material, especially turf. g. Evapotranspiration (ET) rates shall be utilized when considering programming. h. Contractor shall minimize runoff onto streets, sidewalks, and other non-target areas. i. Contractor shall provide sufficient time for the soil to dry out between irrigations. j. Contractor shall maximize community use of City property. k. Contractor will alter the irrigation programming to accommodate the field renovations to promote seed germination and establishment. 3. Irrigation systems shall be programmed to water between 10:00 A.M. and 6:00 P.M. (Monday- Friday) unless otherwise approved by the CR. 4. Contractor shall be responsible for programming all controllers (light energized Irrigation Technology, field controllers, battery-operated controllers, manual systems) not integrated into the central control system. 5. Program changes for the manual (non-centralized) controllers shall be done the same day of notification by the CR and changed per CR specification. 6. Verification of the updated irrigation schedule shall be the responsibility of the CR. The contractor shall work with the CR to ensure all programming changes have been entered and verified on the electronic programming log. 7. Contractor shall set and maintain the programming for the manual irrigation controllers to meet the criteria as stated above. The City reserves the right to inspect and monitor those settings and make recommendations to the Contractor. In case of a dispute, the CR will make the final determination. Any discussion of this type shall be recorded by the Park Inspectors on the work order form and kept on file. 8. In the event that any of the components of the irrigation system fail to provide full and proper coverage, Contractor shall provide alternate irrigation with full and proper coverage to all areas in the worksite at no extra cost to the City. 9. The controller program shall be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with the established Irrigation Association (IA), Metropolitan Water District (MWD), and Santa Ana Water Department (SAWD) guidelines recognized throughout the industry. RFP 23-151 Landscape Maintenance Services Page 29 of 135 w. CITY OF SANTA ANA 10. Any damage created by improper irrigation practices or neglect shall be the responsibility of the Contractor to correct, at sole cost to the Contractor. 11. No watering shall occur during the daylight hours unless associated with a repair, audit, manual system operation, or an alternate schedule is approved by the CR. 12. The operation of manual irrigation systems shall occur daily, Sunday through Monday, between 6:00 A.M. to 6:00 P.M. 13. All program changes shall be recorded on the electronic Irrigation Controller Program Log by Contractor. 14. City shall compare water meter readings to ensure that there is no excessive water use in any of the Contract areas. Contractor must meet with the CR to review these reports as necessary, or as directed by the CR. 15. Contractor shall turn off programmed irrigation systems immediately during periods when extreme rainfall exists or is predicted, and other times when suspension of irrigation is desirable to conserve water, as directed/approved by the CR. 16. Any time the irrigation system(s) are shut down for any reason, Contractor shall notify the CR immediately. Once CR acknowledges the necessity to turn on the water once again, controller activation shall begin within five (5) working days. 17. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for the greatest potential runoff. C. Maintenance 1. Contractor shall diagnose, maintain, and repair all irrigation components downstream of the remote control valve (RCV). The Contractor SHALL be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no additional cost to the City. Contractor will repair or assist in repairs for components downstream of the meter through Additional Extra Work(AEW). 2. Irrigation maintenance shall include, but not be limited to operation of the system, adjustments, repairs, modifications, improvements, testing, analysis, and other work as required. Some examples of regular maintenance include the function of electrical systems, backflows, controllers, valves, head alignment and spacing, and wiring operation. a. Components include but are not limited to irrigation controller, remote control valves, main and lateral lines, fittings, risers, sprinkler heads, quick couplers, drip systems (subsurface and surface), master valves,flow sensors, valve boxes,fertilizer injector systems, and tree watering systems. 3. All areas shall be irrigated to maintain specified growth and appearance determined by CR. 4. Handsets (Calsense, LEIT) may be required to operate the controllers. These will be supplied at Contractor's expense. 5. Proper alignment (vertical straightness, operational height of nozzle) will require raising/lowering/leveling of the sprinklers and shall be done at Contractor's sole expense. 6. Plants blocking the sprinkler pattern will require the technician to mark the plant material with paint and coordinate the trimming/removal with the CR. RFP 23-151 Landscape Maintenance Services Page 30 of 135 CITY OF SANTA ANA 7. Automatic controllers and/or enclosures shall be locked while unattended. Locks are initially supplied by the City, if lost or reckless the Contractor is responsible to replace with same or higher quality locks at their expense. City will replace worn or deteriorating locks. 8. All enclosures, including valve, controller, booster pump, etc., shall be kept free of all insects, rodents, and rust. Damage caused by insects, rodents, or rusting shall be repaired within five (5) calendar days at Contractor's expense. 9. All drip line valve filters shall be cleaned twice per year in February and November of every year. 10. All subsurface apertures shall have permanent lids affixed at all times and shall be kept free of overgrowth. Apertures include valve boxes,controllers, electrical and cable boxes, manholes, and backflow devices. 11. Weekly Priority/Sports Turf irrigation audits shall be completed and electronically submitted to CR. 12. Should the CR be called upon to diagnose an irrigation problem that is Contractor's responsibility, the City's labor and material costs incurred will be deducted from the monthly payment to the Contractor. 13. All irrigation evaluation work requires a notification sign to be present for the duration of the work. 14. All sprinkler heads and emitters shall be adjusted to maintain proper coverage to ensure adequate flow. Adjustments shall include, but not be limited to actual adjustments to heads; cleaning and flushing heads, nozzles, lines, and screens; and removal of obstructions. 15. All irrigation systems shall be tested and inspected a minimum of one(1)time per calendar year quarter(Jan-Mar, Apr-Jun, Jul-Sep, Oct-Dec), regardless of controller type, and an electronic audit form shall be used to submit the results to CR quarterly by the 10th day of the month following that period (e.g., April 10th, July 10th, October 101h, and January 10th). Any requested changes shall be submitted for approval before implementation. a. An exception to the aforementioned is any battery-operated valve, which shall be inspected two (2) times per year. D. Repair 1. Contractor shall continually monitor and perform any necessary repairs from the outflow side of the meter. 2. City will provide materials to replace the RCVs and mainlines, see Section 2.6, Materials for the process. 3. The Contractor shall be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no extra cost to the City. Contractor shall make repairs to the satisfaction of the Director's Representative (DR). Contractor shall make repairs within 24 hours of being on notice of deficiencies to the lateral lines and/or rotors/heads. 4. Contractor shall contact the CR regarding structural failures after the meter (e.g. RFP 23-151 Landscape Maintenance Services Page 31 of 135 �l CITY OF SANTA ANA backflows, main and lateral lines, valves, central control, etc.) within twelve (12) hours of occurrence. Repairs requiring additional funds shall be proposed within 24 hours by contacting the CR. 5. All damage resulting from Contractor's operations shall be repaired or replaced before the end of the workday at the Contractor's sole expense. 6. All third-party damage or other needed repairs shall be completed by the Contractor, as indicated in the Specifications, and paid for by the City on a cost-per-repair basis. Repairs to the irrigation system shall be completed within 24 hours of approval by the CR on any component damage, including, but not limited to, broken irrigation lines and tubing, defective or broken valves, sprinkler heads, emitters, sprinkler head relocations, and other modifications as necessary. 7. If not able to make irrigation repairs in a timely manner, Contractor shall be responsible for watering all areas manually. 8. In addition to quarterly testing, all irrigation systems shall be tested and inspected daily if necessary, when damage or malfunction is suspected, observed or reported. a. Contractor shall repair malfunctioning controllers, quick couplers, manual or automatic valves, and sprinkler heads within twelve(12)hours of receipt of the verbal or written notice unless the field condition does not allow or per the direction of the CIT (City Irrigation Technician). b. Contractor shall correct deficient or irregular irrigation systems and equipment as necessary following verbal notification from the CR. c. Irrigation checks must be done immediately if plants begin to wilt, defoliate or change color. 9. All Sports/Priority Turf irrigation repairs shall be made within four (4) hours of approval by the CR. 10. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment will be made by the City nor billed by Contractor for repairs on equipment covered by the warranty. 11. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in irrigation frequency. Costs will be determined from comparisons of usage with historical usage for the same time period and be presented to the Contractor for review before deduction of payment. E. Personnel Contractor shall provide dedicated irrigation a personnel to the Contract Area, District 1, District 2, District 3, District 4, Civic Center, and the Zoo; whose primary and sole function shall be to properly operate, monitor and maintain the irrigation system within the listed Contract Areas Personnel shall be: 1. Fully trained and knowledgeable in all phases of the landscape irrigation system, including central control, site controllers, component maintenance, repair, and adjustment, and familiarity with all brands and models of irrigation equipment used within the City; 2. Personnell shall be knowledgeable of and proficient in current water management RFP 23-151 Landscape Maintenance Services Page 32 of 135 � concepts; CITY OF SANTA ANA 3. Capable of performing irrigation audits and providing a report; 4. Capable of taking direction from several City personnel, but particularly accountable to the City Irrigation Technician and the area gardener; and 5. Capable of verbal and written communication in a professional level of English. F. Materials The City shall supply irrigaton materials and supplies. However, there will be occasions when a repair is necessary and the City is out of inventory. In these cases, Contractor shall be required to supply the materials. Contractor is responsible for repairs, including but not limited to, irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems' remote-control valves (RCVs) at no extra cost to the City. 1. City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises this option, the following conditions will apply: a. All City purchases will be for the sole use of and for the City. b. Contractor shall secure and store inventory, distribute and control all material entrusted to its representatives. All materials and inventories shall be made available to the City upon request. c. All material given to the Contractor shall be inventoried by location using the electronic work order system. The replaced part shall be returned to the City to remove the replacement part from the outstanding inventory. 2. All replacement materials shall be original types and models unless a CR approves a substitute. 3. Contractor shall maintain, at no additional cost to the City, an adequate inventory of medium-to high-usage stock items to repair the irrigation systems. 4. Contractor shall implement repairs under all warranties. 5. All invoices, AEW, shall state labor and material costs. 6. The actual cost of all materials passed onto the City shall include the following: a. Wholesale cost (retail costs minus Contractor's discount) b. Applicable sales tax c. A markup of 10% maximum for all overhead costs and profits 7. The wholesale cost shall be the actual cost paid by Contractor reflecting the best price, including any discount given to Contractor (written receipt submitted with billing) 8. At no time shall the cost of materials exceed the retail cost from the current price list, minus any discounts. RFP 23-151 Landscape Maintenance Services Page 33 of 135 (9) CITY OF SANTA ANA The City desires to establish and maintain safe, healthy, well-suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. RFP 23-151 Landscape Maintenance Services Page 34 of 135 CITY OF SANTA ANA SECTION III TURFGRASS The City desires to establish and maintain safe, healthy, well-suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. A. Maintenance—Overview Turf care shall be differentiated by the two (2) types of turf- "Casual" and "Sports/Priority" Turf. When the word "Turf' is not preceded by the word "General" or the word "Sports/Priority," it applies to both types of turf. 1. Casual Turf Mowing All "casual" turf(non-sport/priority turf) shall be mowed every other week, from October 31 sl to February 28th of each year. "Casual" turf shall be mowed each week from March 1 st to November 1 st of each year. Each year the DR will select the dates in mid-November and mid-March when the Contractor shall transition from every other week mowing to once-a-week mowing. The Contractor shall use Kubota L5060 tractors, or approved equal, equipped with turf-type tires and tractor- powered Trimax ProCutS3-237 91" rotary mowers for the large turf areas greater than 69" wide and Trimax ProCutS3-178 69" rotary, or approved equal, detail mowers for areas between trees and other park amenities. The DR shall determine the height of the cut. 2. Sport/Priority Turf Mowing All "priority"turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2% 3/4" unless approved by CR. To achieve a quality cut at this height and not leave clippings, the Contractor will perform a first cut using a rotary mower with clipping catching capability, followed by using a Kubota L5060 tractor equipped with turf-type tires and tractor- powered Trimax ProCutS3-237 91" rotary mower, an approved fairway or greens mower for medium size areas and a walk behind Jacobsen Eclipse2 reel mower for small areas. Note that the Contractor shall perform quality sports turf mowing and detailing to the DR satisfaction regardless of the equipment and methods the Contractor uses. The DR shall direct the Contractor to mow the priority turf lower than 1/2", if necessary. Note that the Ball Diamond Infield Maintenance Contractor shall be responsible for mowing turf infields, including foul territory turf areas, 36" beyond the skinned infield arc, and other designated ball diamond turf areas. Infield maintenance shall not be a part of this agreement. 1. The contractor shall maintain mowers that provide a smooth, even cut without ridges or depression and without tearing off the leaf blades; including sharp blades on all mowers. 2. All factory safety equipment must be fully operational. 3. The mowing schedule may be altered due to weather and/or other conditions upon approval from the CR. 4. Mowing shall be completed during one (1) single-day operation per given area. 5. The contractor shall not mow areas where the soil is over-saturated. 6. All litter shall be removed from the turf before each mowing. RFP 23-151 Landscape Maintenance Services Page 35 of 135 CITY OF SANTA ANA 7. Mowing shall be performed at the speed the mower's manufacturer specifies to maximize the quality of the cut. The emphasis shall be on quality mowing vs. speed and unprofessional patterns. 8. Mulching mowers shall be used to mow General Turf grass areas. Recycling blades and/or recycling decks shall be used in all areas where grass clippings will not be picked up. 9. Excessive clipping debris, as determined by the CR, shall be removed and disposed of offsite at the Contractor's expense. 10. String trimmers shall not be used for mowing turf. 11. Turf shall be mechanically trimmed with a grounded blade edger at the same time as mowing during the seasonal mowing cycle (twice per month in winter, once per week in summer). 12. The areas requiring edging shall include all hardscapes adjacent to turf, including sidewalks, curbing, planters, grave markers, historical plaques and markers, and other concrete entities, asphalt, concrete, paved areas, and DG. 13. All edging shall be done in a way as to not damage any hardscape entities. 14. Other fixtures such as but not limited to valve boxes, utility boxes, cleanouts, drains, signs posts,poles, benches,tables, and building foundations can be edged with the use of string trimmers, once an edging pattern has been properly established using an edger or sharpened shovel. Should the edged area begin to deform, CR shall direct the Contractor to repeat the detail process. 15. Property damaged by string trimmers or mowers shall be replaced/repaired immediately. 16. Sidewalks and other hard surfaces shall be properly cleaned after each edging, including grass stains or marks from the mowing process. 17. Trimming of grass around trees or planter beds in the turf area (12 to 24-inch distance from the object) shall be performed during the seasonal mowing cycle in such a manner as to avoid damage to the plants. a. Chemical edging and trim pattern establishment using a blade edger shall be completed when grass encroachment is within six (6) inches of the trunk or planter bed. 18. Any mechanical damage to tree trunks which is considered Contractor neglect shall result in a replacement planting, at the discretion of the CR. 19. Refurbishment of damaged turf due to Contractor negligence, including poor irrigation management, irregular turf evaluation intervals, and/or Contractor error shall be completed within seven (7) days of discovery and notation. 20. Turf shall be maintained within 6-12 inches of all appurtenances (e.g. walls, fences, transformers, etc.) 21. Detail lines shall be made straight and shall be maintained straight. 22. The contractor shall fill all divots, depressions, and uneven areas with sand, as directed by the CR. 23. The City reserves the right to require the Contractor to apply plant dye on specified plant material within 24 hours of notification to the landscape that has been stressed due to the Contractor's neglect. The dye will be applied at no additional cost to the City. RFP 23-151 Landscape Maintenance Services Page 36 of 135 (9) CITY OF SANTA ANA B. Inspections—Sports/Priority Turf The contractor shall inspect the sports fields or play areas daily. 1. All sports fields shall be kept at a level grade to provide a uniform height of turfgrass, by topdressing low places with clean sand. a. Depressions over 1" in depth, which lack turfgrass cover, shall be filled with weed-free soil to the existing grade. Rototilling may be prescribed by a CR. 2. The contractor shall inspect the sports fields or play areas for proper water drainage away from the playing surface. If drainage is not evident, irrigation programming in the affected area shall be required to prevent landscape failure. The contractor shall contact the CR for the proper irrigation management strategy, which shall be programmed within 24 hours. 3. The contractor shall inspect the sports fields or play areas for hazardous holes or depressions that may cause a player to trip. Those found shall be filled as directed in Section 3.2.1.an above. 4. The contractor shall remove stones and other debris that may interfere with play or cause injury. 5. The contractor shall inspect the sports fields or play areas to see that the soil absorbs irrigation and rain rapidly enough to provide reasonably good footing on the surface of the area. If improvement is indicated by the CR, Contractor shall contact the CR for direction. 6. The contractor shall inspect the sports fields or play areas to see if the turf surface is being irrigated evenly with a reasonable amount of water. Irrigation programming for Sports/Priority Turf is at the highest tier (Tier One—Turf Irrigation Reduction Priority Key). C. Casual Turf The scope of work for General Turf includes the following: 1. The mowing schedule shall be once per week from March 1 to October 31 and once every other week from November 1 to February 28, Monday through Friday of each week specified. 2. Not more than 1/3rd of the total leaf length shall be removed per mowing. 3. Mowing shall be completed in one (1) operation. 4. Turf shall be aerified a minimum of one (1) time annually in March using a solid tine aerator to a minimum depth of three (3) inches. 5. Casual Turf shall be renovated-overseeded one time per year, April through May. All seed quantities and types specified with either Kikuya or Marathon fescus shall be verified by the DR prior to any applications. The process for renovation-overseeding shall be as follows: 6. The turf shall be flailed down to W. All turf clippings shall be removed. 7. The contractor shall flag/mark all irrigation and site amenities and shall avoid hitting/damaging them with the aeration equipment. Any damage caused to the irrigation or other site amenities shall be repaired/replaced at the Contractors'expense. 8. The contractor shall coordinate with the CR to irrigate the causal turf to allow greater penetration for the aerator. RFP 23-151 Landscape Maintenance Services Page 37 of 135 �5 CITY OF SANTA ANA 9. The turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). Contractor shall make two- passes in different directions per the DRs direction. 10. Contractor shall coordinate with the CR to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. 11. Once the CR verifies that the irrigation system is working efficiently, the Contractor shall overseed the turf using Stover Seed Company's AZ-1 Kikuyugrass or Marathon Fescus at a rate of 30 pounds per acre. During the germination period, the Contractor shall assume responsibility for programming the irrigation controller(s) to assure 100% germination of seed. 12. Immediately after overseeding the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination of seed. 13. The intent of overseeding is to have 100 percent turf coverage, re-seeding in bare spots shall include seed topper. 14. Cutting height shall be 2-2.5 inches, with final determination to be made by the CR. D. Sports/Priority Turf The Sports and Priority fields to be considered for this section are listed in Appendix II.This list is dynamic and will have fields added and removed periodically. The scope of work for Sports and Priority Turf includes the following: 1. Contractor shall mow once per week, all year. a. This may require mowing athletic fields when the rest of the park is not being mowed. 2. Contractor shall vary the height of cut depending upon the season, grass type, and growing conditions. The specific cut will be determined seasonally by the CR, but shall not be altered once the height has been determined for the season. a. Mowing height for warm season turf shall be .5-1.5 inches,with the CR guiding cutting height depending on the machines used. 3. Sports/Priority Turf in this Contract shall be mowed using a power-driven fairway reel mower or fine cut rotary mower. The quality of the cut will be determined by the CR and changes may be required if minimum standards still need to be met. 4. The mowers shall be maintained and sharpened to provide a smooth, even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions. 5. Contractor shall perform alternate mowing patterns to prevent wheel ruts. If ruts are made, the Contractor shall make repairs at its sole expense. a. Repairs for deep ruts may include sod-cutting of damaged areas, leveling of subsurface soil, and replacement of sod. b. Field may be taken out of play due to rutting, and the deductions for lost time shall be subtracted from the monthly payment to the Contractor. 6. Sports Fields Overseeding shall be renovated-overseeded each year per the Sports Annual RFP 23-151 Landscape Maintenance Services Page 38 of 135 CITY OF SANTA ANA Schedule. The DR shall verify all seed quantities and types specified in the contract before any applications. The process for renovation-overseeding shall be as follows: 7. Renovation downtime schedules effectively take the Sports Turf area out of service for several weeks (the schedule to be determined by the CR for a duration of 10 weeks). The goal of this period is to restore worn and damaged turf. This renovation procedure includes core aerification, fertilization, seeding, and grade restoration. These procedures shall be included in the cost proposal. A typical renovation includes: 8. The contractor shall install a 6' high temporary construction fence with stands around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeded in accordance with the park map depicting the sport/priority turf areas. Perimeter fencing shall be placed at the direction of the CR to avoid sprinkler damage and provide 100 percent water coverage. See aerial maps of sports field locations. 9. Turf shall be mowed down to 1/4"-1/2 ", or determined by CR. All turf clippings shall be removed. 10. Turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). The contractor shall make two passes in different directions per the DRs direction. 11. Turf shall then be vertical using the Kubota L5060 tractor equipped with turf-type tires and the Trilo VCU 200 Verticut implement. Following verticutting all turf clippings shall be removed. 12. The contractor shall coordinate with the CR to confirm that all irrigation has been tested and restored to original design specifications before overseeding. 13. Immediately after overseeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. 14. Once the CR verifies the irrigation system is working efficiently, the Contractor shall overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 65 pounds per acre; and, b) Stover Seed Company's Pro Sportsfield Supreme in the spring/summer at a rate of 65 pounds per acre. The contractor shall overseed all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser. 15. Immediately after overseeding the Contractor shall apply W, minus STA-approved compost topper from R&S Soils to all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser. 16. Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize the germination of seed. Once the renovation process is complete, the Irrigation Consultant shall retake control of the irrigation programming. 17. Plugs/cores shall be removed, or broken up (drag mat, mower) and spread over the Turf area being treated, at the time of aeration, to the satisfaction of the CR. 18. Flags identifying irrigation shall be removed by Contractor immediately after aerification. 19. City-supplied signs indicating a field renovation is in progress shall be posted. 20. The contractor shall secure all the seed materials at the beginning of the season in RFP 23-151 Landscape Maintenance Services Page 39 of 135 (9) CITY OF SANTA ANA advance to avoid shortages or"out of stock" scenarios. E. Renovation Process Shall have the CR, unless approved otherwise, during the rennovation process: 1. Day 1 a. Irrigation audit, ensure coverage and adjust sprinklers heads to 1/2:" below grade. b. Aeration (the Kubota L5060 tractor equipped with turf-type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal)) 2. Day 2 a. Scalping and vertical cutting. b. Following verticutting all turf clippings shall be removed. 3. Day 3 a. Apply seed and drag-in to level surface, coordinate with CR to verify seed type and quanitites b. Immediately after over-seeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. c. Apply light topper dresser(apply '/4" minus STA-approved compost topper from R&S Soils) 4. Day 4 a. Coordinate with CR for the watering program 5. Day 5 -Completion a. Inspect daily and monitor germination. In the last two (2) weeks of the rennovation period, the mowing shall be done in intervals. RFP 23-151 Landscape Maintenance Services Page 40 of 135 SECTION IV EDGING & DETAILING A. General Specifications 1. All edging shall be performed with the use of a gas-powered blade edger or CR-approved substitute. Stick edgers shall not be used. 2. Chemical edging is allowed along edges such as trees, fence lines, curbs, etc., as directed by the CR.The contractor shall not use chemical edging in areas not authorized by the CR. 3. If chemical detailing is performed, the Contractor shall use a string trimmer to remove the treated vegetation within one (1) week after symptoms of phytotoxicity become recognizable. a. Plants (i.e. trees, shrubs, groundcovers, annuals) with noted phytotoxic damage from an herbicide edging treatment shall be removed within one (1) week of observation and replaced with like-sized plants. 4. The contractor shall detail turf no further than 12 inches away from all hard surfaces, including walls,fences, curb lines, roadways, pathways, and landscape surfaces(e.g.trees, shrubs, beds, etc.). a. Detail lines shall be made straight and shall be maintained straight. 5. The contractor shall supply, at Contractor's own expense, replacement plants to reduce any existing bare soil areas along walls and fences that are wider than 12 inches that have been caused by the Contractor's neglect. 6. Edging/detailing shall be performed at the same time mowing occurs. 7. All edging/detailing shall be performed with the use of a McClain's edger or an approved substitute walk-behind or fixed blade stick edger. The contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. 8. The Contractor shall detail around trees, along walls/fences, and other amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles,etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform, the Park Services Inspector Supervisor shall direct the Contractor to repeat the detail process. Shovel-cut detailing shall be repeated as often as necessary to maintain crisp evenly round/straight lines. In the event that the circle becomes too great, the DR shall direct the Contractor to sod the area around the tree at the Contractor's expense to the size instructed by the Parks Services Inspector Supervisor. RFP 23-151 Landscape Maintenance Services Page 41 of 1136 SECTION V GROUND COVER The City's goal is to encourage the proper care and growth of groundcovers, maintained within the confines of their growing areas, free of weeds and without a prevalence of bare spots or unhealthy plant material. Groundcover beds should create a natural, pleasing appearance in all areas. A. General Specifications 1. Groundcovers shall be pruned and maintained according to accepted industry practices and consistent with the intended use. 2. Groundcovers adjacent to hardscape such as sidewalks, walkways, playgrounds, sport courts and parking lots shall be edged weekly in one (1) operation with the turf edging. 3. In locations where turf is not present (i.e. parks, medians, empty lots), groundcovers shall be edged monthly, or as determined by the CR, to present a clean and neat appearance and to keep the plant material from impeding foot traffic. Care shall be taken not to expose bare soil. 4. Edged ground cover will not be allowed to develop a build-up with a sheared face along the sidewalk or curb edges. Groundcover height shall not exceed six (6) inches without a beveled edge (i.e. leaning edge even with sidewalk with lower edge angled inward). 5. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all ground cover beds. 6. Plant material damaged by Contractor-applied herbicides shall be replaced at Contractor's expense. 7. The use of pre-emergent is strongly recommended in areas with overhead irrigation. In some instances, weeds may be removed by mechanical means as approved by the CR. Pre-emergent herbicide cost shall be included in the cost proposal. 8. The contractor shall keep groundcover trimmed back 6-12 inches from all controller units, irrigation heads, valve boxes, quick couplers, up-lighting, or other appurtenances or fixtures. 9. The contractor shall not allow groundcovers to grow up trees, into shrubs, or on structures or walls. The contractor shall keep groundcovers trimmed back approximately 6-12 inches from structures or walls. 10. Any paper or litter that accumulates in ground cover areas shall be picked up daily. 11. Mulch shall be applied to all planting areas two (2) times per year, once in the spring (Apr- Jun), and again in the fall (Sep-Nov). 12. Bare soil areas in ground cover beds shall be replanted or mulched as required. The Contractor shall apply US Composting Council STA-tested approved mulch 3"- 4" minus by 2"thick. a. No bare soil areas are permitted in the ground cover areas.All bare soil areas shall be cultivated to 6" deep weekly while awaiting fresh mulch. 13.Ailing and/or stunted groundcover which fails to meet expected growth shall receive additional nutrient treatments to correct deficiencies or shall be replaced by Contractor at RFP 23-151 Landscape Maintenance Services Page 42 of 135 its expense. If groundcover failure is determined to be due to improper treatment and/or neglect by the Contractor, replacement shall be performed at Contractor's expense within five (5) working days. B. Mulching of Bare Areas 1. In all shrub areas where bare soil is visible, the Contractor shall apply US Composting Council STA tested and approved compost mulch T-4" minus by 2" thick minimum twice per year(third week of January and July) and as necessary to maintain uniform and complete coverage. Leaf litter and other organic materials other than mulch shall be removed continuously. a. All bare soil areas shall be cultivated to 6"deep on a weekly basis while awaiting fresh mulch. RFP 23-151 Landscape Maintenance services Page 43 of 135 SECTION VI SHRUBS The primary objective for maintaining shrubs and other plant material within the City's landscape is to create a natural, aesthetically pleasing appearance throughout all areas. Shrubs to include and not limited to cacti and succulents and other plant material shall be pruned only to allow new growth to develop within the confines of planters and beds and should have soft rounded edges in most applications.The use of powered equipment must be approved before use. A. General Specifications 1. Shrubs shall be pruned quarterly, or as required,for safety, removal of broken or diseased branches, general containment, and appearance. 2. Shrubs shall be pruned, as required, to ensure vehicular and pedestrian visibility and clearance. 3. All bare ground shrub areas, not inter-planted with ground cover, shall be cleaned a minimum of one (1) time per month. Cleaning shall be accomplished without removing significant amounts of any present mulch. 4. Plant material encroaching onto or from City property shall be trimmed back to the property line. At City's discretion, depending on circumstance, plants growing over fences and sidewalks from private property adjacent to contracted areas will also be trimmed back to the property line. 5. All gasoline-powered equipment used for pruning shrubs shall be approved by the CR. 6. Ailing, stunted, and/or dead shrubs, as a result of circumstances beyond the Contractor's control, shall require a proposal for replacement within five (5) working days and shall be restored within one (1)week of obtaining a signed proposal for Supplemental Work. 7. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients, at no additional cost to the City, within five (5)working days of discovery. 8. Shrub failure due to Contractor's neglect or improper treatment shall be replaced, at Contractor's sole expense, with like-kind and -sized plants, within five (5) working days. 9. The contractor shall prune shrubs according to accepted industry practices and consistent with the intended use, as well as to retain as much of the natural informal appearance as possible. Final standards will be the decision of the CR. a. For accepted industry practices, t h e Contractor shall refer to the AHS Standards'Pruning and Training' manual, latest edition. b. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance. c. The contractor shall remove any spent blossoms or dead flower stalks as required for a neat, clean appearance. d. Shrubs and mounding shall not exceed two (2)feet in height within areas required for vehicular sight distance, depending on roadway topography. 10. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all shrub beds. The use of pre-emergent is strongly recommended and will be at Contractor's expense. In some instances, weeds may be removed by mechanical means as approved by the CR. 11. Any paper or litter that accumulates in shrub bed areas shall be picked up daily. RFP 23-151 Landscape Maintenance Services Page 44 of 135 I 12. Mulch shall be applied to all shrub/planter bed areas, including medians, two (2)times per year, once in the spring(Apr-Jun),and again in the fall (Sep-Nov).See mulch specifications Section V, Letter B, Mulching of bare areas. 13. "Box hedging" may be required on some shrubs, as designated by the CR. Shear hedging or severe pruning/trimming of plants, unless authorized by the CR, shall not be permitted. 14. Topping of plants whose natural growth stems from the base of the plant shall not be permitted. 15. The contractor may occasionally be requested to raise the bottom of the shrubs for security reasons. 16. All shrubs without ground cover shall be mulched. No bare ground areas shall be acceptable. RFP 23-151 Landscape Maintenance Services Page 45 of 135 SECTION Vll VINES Vines shall be encouraged to grow and flourish by continually maintaining proper care in accordance with AHS Standards. A. General Specifications 1. Vines and espalier plants shall be checked and removed as needed to allow for proper growth. The contractor shall secure vines with appropriate ties to promote directional growth on supports. The contractor shall not use nails to secure vines on masonry walls. 2. Pruning of vines shall be in accordance with good horticultural practices, as defined by the AHS Standards `Pruning and Training' manual, latest edition. 3. Vines shall be pruned only to allow for new growth to develop and to control/direct plant size. 4. No more than 113rd of the vines should be pruned at any given time unless directed by the CR. 5. The contractor shall have deep water vines in pockets not provided with sprinklers, as required to promote optimum growth. 6. Weed control shall be applied monthly to control all emergentweeds. In some instances,weeds may be removed by mechanical means as approved by the CR. a. The use of pre-emergent is strongly recommended to control broadleaf and grassy weeds. 7. Any paper or litter that accumulates in vines and surrounding areas shall be picked up daily. 8. Mulch shall be applied to all planting areas two (2) times per year, as necessary, once in the spring (Apr-Jun), and again in the fall (Sep-Nov). 9. Vines shall not be allowed to grow past the designated area. All areas explored by the vine outside of the planting area shall be removed at the Contractor's expense. Any structural damage done by excessive vine growth shall be restored within one (1) week at Contractor's expense. i RFP 23-151 Landscape Maintenance Services Page 46 of 135 SECTION VIII TREES It is essential for the City to continue to develop and maintain an urban forest within its parks and backup areas. The contractor shall prune trees to comply with ISA standards and maintain their characteristic shape, density, and texture. The center of gravity,or location ofthemass, pertree,is close to the center and close to the ground, enabling the trees to withstand strong winds. Thus, the Contractor shall not thin or "lace out" dense foliage, except for outside branches. The Contract will include a large number of newly-planted trees and reforested areas. Tree pruning specifications for all trees over 15 feet are covered under a separate tree maintenance contract, except for the requirements to raise trees for clearance. A. General Specifications 1. The contractor shall raise all trees, as required, to allow twelve-foot(12') clearance within park boundaries and fifteen-foot(15') clearance above road surfaces for vehicular traffic. 2. All trees shall be pruned as required to remove broken, crowned, dead, hazardous, and infested portions for safety reasons. 3. The CR shall be informed immediately of any hazardous trees. 4. All pruning shall be done by the use of proper tools, per ISA Standards, and disinfected after each tree is pruned to prevent the spread of disease and pathogens from one tree to another. 5. Topping trees shall not be permitted. Any pruning shall be done by those experienced and skilled in pruning techniques. 6. All cuts shall be done using proper horticultural practices. Dressing wounds is not allowed. 7. -Tree stakes,ties, and guys shall be checked and.corrected or replaced as needed and removed when no longer needed. 8. Ties shall be adjusted to prevent girdling. 9. Under no circumstances shall stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote caliper-retained growth (tapered trunk). The contractor shall contact the CR with any questions or concerns. 10. Downed tree debris, of all sizes, shall be cut up and removed within 48 hours of discovery. The contractor shall be responsible for chipping and green waste disposal. 11. Newly planted trees, either by the Contractor or the City, shall become the responsibility of the Contractor if they fall within the height specification. B. Trees Under 15 Feet 1. The contractor shall prune out branches extending beyond a tree's shape(foliage perimeter). 2. The contractor shall prune to control size and shape. 3. Cuts shall be inside the perimeter of foliage, almost flush with a parent branch, but not harming the collar area. No butts or stubs shall be permitted. Old stubs with an outgrowth of multiple shoots shall be removed. RFP 23-151 Landscape Maintenance Services Page 47 of 136 4. The contractor shall prune off lower branches high enough for traffic clearance. 5. The contractor shall cut out dead, crossing, rubbing branches, and v-shaped crotches. 6. The contractor shall undercut branches over two (2) inches in diameter before final cut is made close to a scaffold (main) branch. Shredded, torn or ripped branches shall be re-cut cleanly. 7. An exposed wound, as where a branch was removed, shall remain exposed. The contractor shall not paint or apply any substance on wounds. 8. Trees close together shall be separated by the removal of intermingling branches. The exception is a large hedge or windbreak consisting of one(1) species. 9. All newly planted or young trees shall be double-staked by the Contractor and secured properly with CR-approved ties. a. The contractor shall use only City-approved staking materials. b. The contractor shall always remove nursery stakes on young trees and replace t hem with double staking when trunk strength allows. c. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the CR. d. Tree stakes shall be set a consistent distance(minimum six[6] inches) away from the trunk of the tree to reduce abrasion. e. The tops of tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of the main or lateral branches of the tree. 10. A tree too heavy for support by stakes shall have equally-spaced guy wire ties to stakes and shall be inspected for possible removal. The wire shall be on a 45-degree angle with the tree trunk. a. Locations for the use of guy wires shall be determined by the CR. b. Ties shall always allow for tree movement between stakes and tree trunk. c. The contractor shall loosen or remove tree ties upon discovery that ties are too tight before ties girdle a branch or trunk. d. The contractor shall remove stakes or tensioned cables (guy wires)from a tree trunk that is immovable in wet soil. 11. Any tree stakes or ties that are broken, loose, or damaged shall be removed immediately. If the tree is less than one (1) year old or immature and requires continued support, new ties and stakes will be required. 12. Fertilizers, pre-approved by the CR, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar micronutrient applications. 13. All trees located in Casual, Sports/Priority Turf areas shall have 2" of STA approved 3"-4" compost mulch installed around the tree ring continuously. 14. The Contractor shall have an ISA Certified Arborist On-call employee able to provide a risk assessment.The contractor will only charge,AEW,the arborist time to investigate and create a risk assessment. The arborist can be asked to meet with residents, the public, or elected officials to discuss tree conditions. RFP 23-151 landscape Maintenance Services Page 48 of 135 i SECTION IX LAKE MAINTENANCE A. General Specifications The lake water quality, algae, and aquatic weed control are maintained by a separate contractor. The Specifications for this Contract include the management of the trash, leaf, and branch debris, and habitat evaluation. 1. The following lakes are to be serviced as a part of this Contract: a. Centennial Park b. Thornton Park 2. Water, lake and stream bottoms, surrounding embankments, riprap areas, and sidewalks shall be inspected daily and kept free of litter and debris at all times. This shall include but is not limited to trash, litter, dead fish, fishing line, bird droppings and/or deceased waterfowl, and un-anchored plant debris. a. Skimming equipment capable of a 20-foot reach shall be required to remove the aforementioned items from the subject lakes. b. The contractor shall remove any dead wildlife immediately, and report to the CR. 3. Park equipment such as trash cans, decorative boulders, and park benches that are periodically placed in the water shall be immediately returned to their appropriate locations, and the CR shall be notified. 4. Excessive leaf drop and other debris which results in reduced stream flow or surface collection shall be removed weekly. RFP 23-151 Landscape Maintenance Services Page 49 of 136 SECTION X PEST CONTROL A. General Specifications Integrated Pest Management (IPM) principles govern the oversight and management of pest pressures. For this reason, biopesticides have been chosen as a primary control method whenever horticultural management criteria deem the anticipated result to be satisfactory. Combined with a sound IPM program, pest control through prevention, cultural practices, exclusion, natural enemies, and host resistance offers the safest, most effective means of producing high-level plant material. The City is concerned with the safety of wildlife and, therefore, the Contractor shall be expressly prohibited from using anything that may result in direct or secondary poisoning and harming of organisms. Contractor shall employ a certified pesticide applicator to implement the IPM specifications. 1. IPM, under this agreement, will apply to planters, tree rings, hardscapes, parking lots, sidewalks, sports courts, etc. Agricultural pest control services for casual, sports, and priority turf shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. 2. The contractor shall manage economic thresholds of plant pests including insects, diseases, weeds, and vertebrate damage, as defined in this section. 3. The contractor shall obtain any necessary permits to comply with City, County, State or Federal regulations or laws to perform such control. 4. By submitting a proposal, the Contractor assumes responsibility and liability for the use, storage, containment, and cleanup of all pest control management materials. 5. Any failure on Contractor's part to abide by City, County, State, and Federal laws or regulations, and the Specifications contained in this section, may result in a default of this Contract. 6. Fines levied against the City as a result of the Contractor's failure to abide by regulations shall be Contractor's responsibility to pay. 7. Contractor shall use all materials in strict accordance with the most current Federal EPA and Cal-DPR regulations, applicable sections of the California Food and Agricultural Code, Title 3, and regulations within the Healthy Schools Act(HSA). 8. The contractor shall maintain the appropriate licenses, and categories within the Licenses, including Pest Control Business License (PCB) and Qualified Applicator License (QAL- categories ABCF). 9. The contractor shall use specified pesticides only. B. Procedure This section shall serve as the primary guideline for pest control operations. Weeds represent the majority of work within this Contract. All applications shall be completed in a safe manner utilizing safety procedures outlined in Appendix A, Terms and Conditions. 1. The contractor shall submit a comprehensive treatment schedule to maintain all working intervals (daily, weekly, monthly, quarterly, and yearly). a. This schedule will be entered as work orders into the City database and closed out after the application has been deemed satisfactory. Completed work orders RFP 23-151 Landscape Maintenance Services Page 50 of 135 i shall be indicated by control of the specified pest, not completion of the application. 2. Restricted material applications, and MSA applications, require a notice of intent (NOI) posting to the County Agricultural Commissioner,as well as to the City. The contractor must have written confirmation back from the CR before the start of the application. This written confirmation requirement may be waived upon the completion of successive treatment cycles; notification of this nature will be made in writing to the Contractor via email. 3. The contractor or Contractor's representative shall scout the landscape material for harmful pests regularly and thoroughly. The contractor assumes the primary role in this responsibility. 4. The CR shall inspect all areas of the landscape when infestations of harmful or unwanted pests are located by Contractor and will submit a plan of action to the Contractor. a. A written recommendation shall be issued by the CR to indicate the plan of action when a pesticide is required to be used as a control method. 5. A copy of the monthly Pesticide Use Report (PUR)for all pesticides shall be filed with the County Agricultural Commissioner no later than the 10th of every month for the preceding month. a. A copy of the PUR shall be sent and received by the City at the same time the report is filed with the county. 6. Pesticides shall be applied at times that limit the possibility of contamination from climatic or other factors. a. Early morning application shall be used when possible to avoid contamination from drift. b. All applications shall be scheduled after checking the NOAA weather notification system for potential rainfall. All indications shall be for rain-free weather 48 hours post application. 7. Care shall be taken in transferring, mixing, and applying pesticides to prevent contaminating areas outside of the target area. a. Application methods shall be used to ensure that materials are confined to the target area. 8. Treatment includes the application of the pesticide, as well as the re-entry period following the application. The contractor shall be responsible for maintaining the treatment area throughout the re-entry interval. 9. Spray tanks containing leftover materials shall not be drained on-site. Dumping of tank contents is illegal. a. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code, EPAIDPR regulations, NPDES permit requirements, and all other applicable laws, rules, and regulations. 10. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficacy, it shall be applied in quantities each area is capable of receiving without a runoff. 11. Pruning is an effective prevention of an epidemic of insects and diseases(e.g. pine tree tip moth,juniper twig girdler, tree borers, fire blight). The contractor shall prune away infected RFP 23-151 Landscape Maintenance Services Page 51 of 135 parts and dispose of them off-site. The contractor shall sterilize pruning equipment before moving to the next plant. 12. Handling requirements may apply during transport to another location (e.g. bagging of tree limbs containing borers). 13. Snails shall be controlled regularly by Contractor before becoming an epidemic. Biopesticides containing iron phosphate or other molluscicides, shall be initiated by Contractor early in the infestation. All reasonable precautions shall be used by Contractor to minimize health risks to non-target organisms. The City will not tolerate epidemics of snails. 14. Cleanup of hazardous material releases, to the extent indicated by the governing agency, is the responsibility of Contractor. RFP 23-161 Landscape Maintenance Services Page 52 of 135 i SECTION XI WEED CONTROL A. General Specifications A weed is defined as any plant growing in an area where it interferes with the intent and expectation of the landscape. The City expects all areas to have minimum weed populations due to the frequency of management intervals. 1. All weed control material shall be approved by CR prior to using. 2. All weeds shall be addressed, as indicated, in the frequency of management intervals. The Specifications, in general, indicate monthly weed control with a specified herbicide; however, if required to alter the existing intervals for certain areas for higher quality Holi cultural outcomes (e.g. parking lots, planters, sidewalks, etc.) 3. Weed heights of four (4) inches or greater are an indication of improper weed control treatment and/or intervals. Weedy areas will be brought to the attention of Contractor in order to gauge the reason for the deficiency. Remediation of the problem, if deemed a Contract deficiency, shall be within five (5)working days. 4. String trimming, in the absence of chemical treatment, may be used to control a weed population, but satisfactory weed control is measured by both results and the visual aesthetic of the planted area. 5. Manual weed control may be substituted for chemical weed control in some instances to maintain the proper interval (e.g. windy or rainy conditions which prevent chemical treatment). 6. Damage to plants caused by weed competition and herbicide application shall result in replacement plantings at Contractor's expense. G. Weed Control of Hard Surfaces Contractor shall apply an approved herbicide, in the prescribed interval,to remove and control weeds growing in cracks, expansion joints, patios, gutters (cementlasphalt interface), interior park roads, hardscapes, and other contiguous City landscape-h ardscape interfaces, in order to maintain the landscape aesthetic. 1. Areas adjacent to paved surfaces shall have minimum margins of relief provided by chemical weed control. a. Systemic, non-selective weed control of adjacent roadside lawns shall not have in excess of twelve (12) inches of bare soil between the lawn and roadway edge. b. Overspray or excessively bare margins shall require replacement plants to be installed. C. Weed Abatement of Fallow or Undeveloped Lands Contractor shall periodically mow unwanted weeds in open space areas, wild areas, and undeveloped portions of City landscapes and vacant City lots. 1. Contractor shall perform weed abatement processes, which maintain the weed population below eight(8) inches, when required throughout the year, but not to exceed four(4) times annually. 2. Any additional frequencies or areas will be paid for as Additional Extra Work(AEW). RFP 23-151 Landscape Maintenance Services Page 63 of 135 3. Mowing these areas shall be accomplished with a flail mower or weed eater type unit and shall be preceded with an herbicide application to maintain a weed-free appearance. Spoils shall be left on top as a mulch at the end of mowing. 4. Additionally, areas shall be maintained monthly for trash and dumped items. i RFP 23.151 Landscape Maintenance Services Page 54 of 135 SECTION XII LITTER&DEBRIS MANAGEMENT A. General Specifications Contractor shall provide general cleanup on a daily basis, unless otherwise specified, for the purpose of emptying trash cans and picking up papers,trash, discarded items or debris which may accumulate in the landscape areas; hardscapes within the site(sidewalks, pathways, parking lots,sports surfaces); those City sidewalks that lie directly adjacent to the park or transverse and dissect the median island, vacant lots or backup lots; and all curb and gutter lines that encircle these same sites. This list also includes all other adjacent hardscape elements deemed by the CR to be part of the inventory of the respective Contract landscape areas, lakes, playgrounds, parking lots, internal roadways, and all other park and open space areas. B. Schedule 1. All trash cans shall have full bags removed and replaced with a clean liner by 12:00 p.m. daily. 2. Replacing all plastic trash can liners shall be part of Contractor's routine cleaning process. 3. All litter and debris cleanup shall be performed between the hours of 6:00 a.m. — 12:00 p.m., Monday through Sunday, unless otherwise noted. a. Reserved picnic sites are a priority and shall be cleaned daily by 7:00 a.m., including weekends, holidays, and for special events. Pressure washing may be required as determined by the CR. 4. A route, or order of facilities, that Contractor will follow shall be submitted to the CR and updated as necessary. a. The CR shall be notified immediately if this schedule cannot be met on a particular day. 5. All parking lots and roads shall be swept, blown and/or vacuumed free of debris a minimum of once weekly. This does not replace daily trash and debris clean up.. 6. Contractor shall remove all debris resulting from its operations daily and dispose of it off-site at the time of occurrence. a. All debris resulting from any of Contractor's operations shall be removed and disposed of at Contractor's sole expense. No debris shall remain at the end of the workday. 5. All walkways shall be kept cleantclear of debris and plant growth. Care shall be taken not to create unnecessary hazards to pedestrian, bike, or car traffic. 6. Contractor shall not blow grass cuttings/debris into public streets or gutters that have not been previously swept or vacuumed clean. a. Contractor shall remove debris generated adjacent to landscape areas (i.e. sidewalks, streets, gutters, medians). b. All second notice violations will be immediate deductions. 7. Should illegal dumping occur to any of the Contracted sites, immediate disposal shall be performed at no additional cost to the City. Any such dumping shall be reported immediately to CR. 8. Soil spoils on curb areas, including street medians and gopher soil disturbances, shall be cleaned weekly from all areas. RFP 23-151 Landscape Maintenance Services Page 65 of 135 C. Pressure Washing The contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation to perform the cleaning services as set forth herein. 1. Pressure Washing: Power washing with the use of hot high-pressure water sprayer (which shall include high pressure hot water washing) for the 100% removal of dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit. 2. Accumulated water remaining after the cleaning shall be removed completely so no puddling exists. 3. During regular cleaning operations, the contractor shall use high pressure, low-volume washers, and steam cleaner as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surfaces. 4. The nozzle pressure of equipment shall not be so great so as the dislodge tile/paver grout or cause damage to hardscape or surfaces. 5. All trash, debris, tar, freestanding oil, grease, liquids, "green waste, "food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substance, and contaminants shall be removed from hardscape and park amenities upon completion of power washing. 6. Contractor shall provide monthly pressure washing schedules. 7. The Contractor shall pressure wash each each designated area with the following recurrence: a. Weekly Basis i. Gazebos or Patio Structures ii. Benches, BBQ's, picnic tables, drinking fountains, other park amenities iii. Playgrounds, equipment and surface iv. Exercise Equipment and surfaces V. Restroom perimeter to include the exterior of the building and the hardscape with 25' radius a. Bi-Weekly Basis i. Sports Courts (Tennis, basketball, volleyball, handball to include the court walls, etc.) ii. Trash Receptacles iii. Bleachers to include 25' radius around locations iv. Dugouts and benches V. Doggie Stations vi. Kiosk and Educational Signs RFP 23-151 landscape Maintenance Services Page 56 of 135 SECTION All UNHOUSED AREA CLEAN UP & TASKS A. General Specifications 1. Contractor shall be responsible for cleaning miscellaneous trash items left by unhoused individuals during Contract hours. 2. Contractor shall remove and properly dispose of abandoned items (trash) daily. 3. Interaction with homeless maintenance contractor, OR, City officials and staff, and/or law enforcement personnel may be necessary as it pertains to securing and restoring the imprint. 4. Contractor shall report to the OR regarding interference in contractual execution (unable to mow, pick up trash, etc.) due to unhoused individuals, within 24 hours. 5. Contractor shall report any threatening individuals to the OR immediately. 6. All personal belongings shall be properly bagged and identified with a tape tag indicating location name, date and time of removal, and truck number. These bags shall be stored at a City location. Page 57 of 135 RFP 23-151 Landscape Maintenance Services SECTION XIV DRAINAGE APERTURES A. General Specifications 1. Contractor shall inspect surface drains(i.e. catch basins, flow structures) located within the landscaped areas daily. 2. Surface drains, including catch basins where applicable, shall be maintained free of obstruction and debris at all times to ensure proper drainage. 3. Contractor shall remove any debris or vegetation that might accumulate to prevent proper flow of water. 4. During periods of inclement weather, Contractor shall take extra care to ensure all drains and drainage areas are kept clear of debris and that water is draining properly. 5. All costs incurred by the City to repaired damage due to improper drain cleaning will be recovered from Contractor. RFP 23-151 Landscape Maintenance Services Page 58 of 135 i SECTION XV PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 1. Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, groundcover or flowers. 2. Work shall be considered as AEW unless otherwise specified. Exceptions are replacements due to Contractor's negligence, as determined by the CR. 3. Contractor shall replace all damaged plant material due to Contractor's negligence within five(5) working days. RFP 23-151 Landscape Maintenance Services Page 59 of 135 SECTION XVI GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 1. Plant Health Care (PHC): The Plant Health Care approach to managing trees and shrubs recognizes that, in most cases, plant health problems are the result of many factors, not just a single agent. PHC takes a holistic approach when making management decisions that focuses on plants and their interactions with the living and nonliving elements of the landscape. 2. PHC attempts to prevent problems before they start. Managing plants health involves proper planning, plant selection and a wide range of cultural practices aimed at improving site and soil conditions. When combined with careful monitoring to identify pests in the initial stages these practices greatly reduce dependence on pesticides. 3. All new plant material and irrigation installations shall be guaranteed for a period of one (1) calendar year, unless damage or death of plant material is due to wind, storm,vandalism, riots, war, fire, flood, earthquakes or other events over which the Contractor has no control. 4. Existing plants shall be replaced by Contractor if it is determined by the CR that they were damaged or destroyed due to Contractor's negligence. RFP 23-151 Landscape Maintenance Services Page 60 of 135 SECTION XVII REPORTS AND SCHEDULES A. General Specifications Contractor shall submit reports and schedules as requested and as outlined below and in Appendix A and Appendix B. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a deduction. All reports and schedules shall be either provided by, or in a format approved by the City. S. Reports 1. The following are required reports and frequency of delivery by email and followed up by phone call to CR: a. Personnel staffing by area, total employees, total hours—as submitted to DIR b. Pesticide application reports—daily, including NOI c. Pesticide Use Reports--monthly d. incident and Accident Reports— immediately e. Hazard Reports— immediately f. Refuse—shall be kept on file by Contractor and correlated with an invoice g. Fertilizer application (if applicable)—daily, by site, amount, date, material h. Water truck(if applicable)—gallons per week i. Irrigation system malfunction (central control) or shut down— monthly j. Vandalism —weekly, by site k. Homeless encampments—weekly I. Sports field renovation schedule—will be provided by CR. m.Lake problems or challenges—immediately n. Damage to appurtenances—immediately o. Plant replacement, by area—immediately p. Emergency call out log— monthly q. Consumable goods log— monthly r. Irrigation audits—monthly s. Hardscape cleaning —monthly t. Pest control advisor recommendations — as required by California Code of Regulation u. Safety inspection log for Contractor's yard, equipment, performance - monthly v. Additional Extra Work—weekly, as requested w.Vacant lots log contract completion—quarterly x. Tot lot rototilling —monthly y. DG pathways repair/maintenance—monthly z. Bike trails/Asphalt Cement walkways—monthly RFP 23-151 Landscape Maintenance Services Page 61 of 135 aa. Pressure washing amenities and playgrounds— monthly 2. Additional reports may be occasionally required to assist the City. These reports shall be detailed, thorough and may include, but not be limited to, the following: bb. Suggestions for improving problem areas; cc. Proposal needed prior to performing any Supplemental Work; and dd. Large scale projects. C. Schedules 1. Monthly Maintenance Schedule Contractor shall provide a maintenance schedule to the City in calendar format within thirty (30)days of the start of the Contract. Schedules shall showthe day of the week the operation is to be performed, or the order of rotation areas will be serviced, such as for debris pickup or pruning operations. These schedules will be entered into the work order system and Contractor performance will be evaluated based on this rotation. 2. Required schedules and frequencies of delivery are: a. Mowing services for each park site—weekly b. Shrub trimming (backup lot, medians, parks, MOU)—quarterly c. Irrigation audit—quarterly d. Irrigation evaluation of athletic fields—weekly e. Divot/low spot filling of sports/priority fields—weekly f. Tree raising--weekly, as needed g. Coal bin cleaning—weekly h. Sand lot rototilling—bi-weekly i. Weed abatement(spray followed one [1]week later by string trim)—quarterly j. Weed abatement(vacant lot/wild lot) --quarterly k. Other weed abatement—monthly I. Cleaning of parking lots and park roads—weekly m. Mulching —bi-annually n. Sport court cleaning —weekly o. Groundcover trimming—monthly p. DG surface repair—monthly q. Bike trail chemical edging—monthly r. Special projects and locations—as requested s. Supplemental and locations—as requested t. Irrigation programs--weekly u. Additional Extra Work—as needed v. Lake cleaning—weekly w. Lake debris—daily RFP 23-151 Landscape Maintenance Services Page 62 of 135 x. Other items as requested by the CR—as needed 3. Any other activities that Contractor performs on a regular or semi-regular basis and as determined or requested by the City will require a schedule to be submitted. 4. Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR for review, and if appropriate, approval, within five (5) working days prior to scheduled time for the work. Notification of change in scheduled work due to circumstances beyond the control of Contractor must be received by the City at least 12 hours prior to the scheduled time for work to begin. 5. All schedules shall be of a format either supplied or approved by the City. 6. Contractor shall adjust work schedules within the same week to accommodate all City- observed holidays, during inclement weather, under emergency notification, and for periods of excessive rainfall. RFP 23-151 Landscape Maintenance Services Page 63 of 135 CITY OF SANTA ANA SECTION XVIII IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 1. Written reports of any repairs or modifications to the irrigation system shall be turned monthly to DR. Failure to do so may delay payment of invoices. 2. Examples of other written reports Contractor shall provide are: a. Monthly irrigation system audit sheet b. Irrigation zone narratives, shall keep a plot plan at the controllers (when applicable) c. Irrigation material purchase request (if applicable) d. Create and maintain an inventory log of irrigation equiptment components throughout the city, by District. B. Irrigation Schedules 3. Contractor shall provide an Irrigation Controller Program Log for each manual controller by area within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the Irrigation Controller Program Log. 4. Contractor shall provide to the City a schedule of all manually-watered areas, including those where use of a vehicle is required, within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the schedule. RFP 23-151 Landscape Maintenance Services Page 64 of 135 SECTION AX CIVIC CENTER A. General Specifications 1. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed. Downtown Civic Center Grounds and Landscape — The Downtown Civic Center Area is the home of federal, state, county, and city government for Orange County. The classification of maintenance required at this site is considered "high-end commercial." 2. All pedestrian hardscape areas, including but not limited to plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc., shall be blown and/or swept clean daily; Monday - Friday. The Contractor is not responsible for blowing parking lots, only for litter removal. Contractor is not responsible for pressure washing. 3. All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear. 4. All trash receptacles shall be emptied daily, seven(7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. Lids shall be completely wiped clean with a germicidal cleanser and polished continuously as stains appear. 5. All cigarette urns shall be sifted daily Monday,Wednesday, and Friday. The sand in the cigarette urns shall be fresh and leveled.Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 6. All drinking fountains shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Monday, Wednesday, and Friday of each week. 7. All trees below 15' shall be pruned four (4) time per year (first week in January, April, July, and October) using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. 8. All shrubs requiring hedging shall be trimmed every two weeks. 9. Replace all 52 state flags in the Plaza of the Flags the first week of January and July of each year. Flags to be provided by City. 1 O) All turf in the Civic Center area is considered priority turf. 11.Perennial/Annual Color: All perennial/annual color beds shall be maintained and planted/rotated three(3)times per year(first week of January, May, and September)as detailed in Attachment 5. 12.Fertilization: Cyad and Palms shall be fertilized two (2) times per year (first week in March and September) per the City's agronomic plan. 13.The Contractor shall be required to clean trash and large debris in parking lots in the Civic Center. The work shall be performed in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot. 14.AII signage, drinking fountains, concrete pads, trash receptacles, site furniture, bollards, concrete or asphalt areas with stains around trash receptacles, security RFP 23-151 Landscape Maintenance Services Page 66 of 135 lights, park benches, walls, and the pavement beneath them and other Civic Center amenities shall be cleaned daily. 15.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. 16.After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all Civic Center areas within twenty-four hours (24 hrs.) at no additional cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 17.Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 18.The Plaza of the Flags shall have flags displayed at all times. The Contractor shall visually inspect the flags every day to assure they are in good condition. Should, in the opinion of the DR, any flag is not in good condition (faded, discolored, torn and/or having holes) the Contractor shall immediately request a new flag from the DR. Contractor shall raise the new flag immediately upon receipt from the DR. The Contractor shall replace all flags twice a year (January, July) with flags provided by the City. 19.Japanese Garden Pagoda shall be cleaned daily. B. Annual Color Planting and Maintenance Specification at Civic Center 1. 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 depth of 8" of the top soil. 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. 2. 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). 3. 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: a. Spring/Summer—April through October 1 RFP 23-151 Landscape Maintenance Services Page 66 of 1135 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca roses (periwinkle) Zinnias b. Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus C. Vandalism 1. 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 replanttreplace missing/damaged plants within 48 hours. 2. 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. D. Quality of Life Team (QOLT) (Civic Center) 1. Homeless and Transient Encampent Clean Up a. Contractor shall remove transientthomeless encampments that may include, but is not limited to tents,soiled clothing, blankets, human feces, hypodermic needles, and items listed above. Clean up multiple encampment sites shall be scheduled or on an on-call basis, b. Work will consist of surveying sites, collecting debris, dismantling temporary structures, removing trash, and disposing of all debris at a local facility specified by the City. Jobsites can be in heavy foliage, embankments,train tracks, creeks and other areas requiring alertness to the environment and pre-planning to prevent injury or illness. C. Contractor shall remove unwanted natural or environmental materials including, but not be limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar. 2. Removal and disposal of debris/rubbish, including: a. Trees, cut brush, dead trees, tree limbs, and similar materials, b. Furniture, mattresses, appliances, scrap metals,junk, automobile parts or machinery, tires, televisions and other electronic devices, c. Structure demolition, including wood frame, concrete, asphalt, bricks or other construction debris, d. Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter, e. Hand sweeping (or blowing) of streets, alleys, sidewalks and similar areas. 3. Contractor may be required to occasionally perform confined space clean-up for entry into designated areas. RFP 23-151 Landscape Maintenance Services Page 67 of 135 4. Contractor may be assigned to work alongside Santa Ana Police Department and Social Services/Outreach Support Workers when clearing transientthomeless encampments. 5. Immediately contact the City of Santa Ana Police Department in the event that weapons are found. Under most, circumstances, the City's Police Department will have confiscated weapons and illegal contraband prior to the arrival of the Contractor. 6. Contractor may be required to post City provided "Notice to Clean or Remove Property" signs at the work site prior to the commencement of each removal project as established in the work-scope and as directed by City representative. Depending on circumstances, this posting may occur 24-hours from the date of the clean up or as determined by the Projects Manager. Contractor shall photograph posted notices to document time and location of posting as instructed by Projects Manager and City. 7. Contractor may be required to bag and identify personal property left behind at clean-up sites and transport them to a place designated by the Projects Manager or City. Guidelines for property identification will be provided by the City.Such items include but are not limited to items in good repair such as organized backpacks, clean and clearly identified medication, eye glasses in good condition, wallets, handbags, jewelry, operating watches, non-soiled duffel bags, and non-soiled and organized bedrolls. 8. General: a. Furnish all labor,equipment, materials and supplies(including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on City streets, alleys, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance. b. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract. 9. Staffing: a. Mobil Unit: Two (2)full-time employees from Monday—Friday from 7 am- 4 pm to collect, bag, and tag lost and abandoned property with the QOLT team. b. They required a full-size vehicle with an electric dump trailer, or equivalent, to assist with homeless refuse pickup. c. City Yard Storage: One (1) full-time employee from Monday-Friday from 7:30-4:30 managing the storage facility center located at the City Yard. d. No vehicle is required. e. Staff should be trainable by City Staff and SAPD for homeless property pick up and storage. RFP 23-151 Landscape Maintenance Services Page 68 of 135 SECTION XX LAWN BOWLING A. General Specification, Lawn Bowling Mowing, irrigation, and fertilizing are the primary turfgrass practices needed to sustain a turf surface of acceptable quality on a bowling green. Mowing, irrigation, and fertilizing are interrelated to such a degree that a reduction in leaf area by reducing the mowing height or using the vertical mowers too aggressively would require an adjustment in the frequency and intensity of fertilizing and irrigation. Throughout the growing season, the turfgrass grows both vertically and horizontally. When the turfgrass grows, it gets longer, and the matt gets thicker. Correct mowing of the lawn bowls green maintains the smooth and consistent rolling of the bowls, and the grass shall not get longer and thicker to maintain an ideal playing surface. 1. Equipment required for The Santiago Park Lawn Bowling Greens are required: a. Scott Bonner 30" Queen Mower 16-blade reel mower with a Honda 5.5 hp gas engine, OR EQUAL b. Groomer OJLBC-20002-08, OR EQUAL c. Sand Spreader OJLBC-2005-07, OR EQUAL d. GROUNDSMAN AERATOR OJLBC-1998-05Model 460, OR EQUAL B. Mowing 1. Bowling at the Santiago Park greens must be done in a north-south direction. Mowing should be done at a 45-degree angle to the roll of the bowl. Therefore, the mowing directions at the green should be northwest to southeast or northeast to southwest. Contractor must perform mowing as follows: a. These directions should be rotated each time mowing is done. b. During the months of April through November, mow two (2) times per week; set mower height to 118". c. During the months of October through March, mow once per week; set mower height to %". d. Overlap each pass of the mower by 50%. e. The Scott Bonner blade is sharpened at a 90-degree angle, enabling the blade to be removed and reversed. When both sides of the reel are dull, the blade is removed and back lapped, 2. DethatchingNerticutting : a. Contractor must remove thatch material to allow proper water and nutrient permeability. Thatch is a buildup of dead and decaying herbaceous material at or slightly below the ground level. If thatch remains, the turf builds up unevenly and is more susceptible to fungus infections. The thatch slows the roll of the bowl and can after the course of the roll. b. Contractor must remove thatch during the months of April through November Verticut, dethatch, and level green twice a week. Set cutting blades' height to % inch in depth. I RFP 23-161 Landscape Maintenance Services Page 69 of 135 3. Grooming: a. Contractor must perform grooming services during the months of April through November every year. b. Contractor must groom grass twice a week as described on page 6 of greens maintenance manual. Schedule work for Tuesdays and Thursdays. Set the cutting blades depth to 1116 inch. 4. Aeration: a. Contractor must perform aeration during the month of March every year. b. Conractor must plug with '/-inch diameter 6-inch long hollow tines. Remove debris from the greens after plugging. Backfill the empty holes with pure washed sand sieve##60, approximately 7 tons. c. After aeration, coordinate fertilization with the IPM contractor(separate contractor) and immediately finish by watering. RFP 23-151 Landscape Maintenance Services Page 70 of 136 SECTION XXI CENTENNIAL PARK A. Centennial Park: The Contractor shall clean and maintain the following areas of Centennial Park: 1. The parking lot south of Rancho Santiago College is a part of the agreement site. 2. The unimproved planting area east of Rancho Santiago College is a part of the agreement site. 3. The irrigated area outside of Dan Young Soccer Complex to the west is a part of the agreement site. 4. The Contractor shall pressure wash off daily from pedestrian hardscape areas bird droppings. SECTION XXII VACANT LOTS A. Vacant Lots The Contractor shall perform daily blowing-off, trash and debris removal, including managing weeds. 1. 10t" and Flower 2. 1 It and Mountain View 3. Bristol and Tolliver 4. Bristol and Myrtle RFP 23-151 Landscape Malnlenance Services Page 71 of 135 SECTION XXIII SANTA ANA STADIUM A. Santa Ana Stadium The historic Santa Ana Stadium is a premier youth football and soccer venue. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed: 1. All pedestrian handscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, and sidewalks, shall be blown and/or swept clean daily, seven (7) days per week. 2. All parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean once per week, on Thursdays. Trash shall be picked daily. 3. All site amenities, including but not limited to, signage, player benches, hand railing, public telephones, etc., shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Friday of each week. 4. All grandstand bleachers shall be inspected continuously and wiped clean as stains and dirt appear. 5. All turf in the Stadium area is considered priority turf. 6. All surfaces within the Stadium (including tunnels, bleacher areas, all walkways, seats) shall be high pressure washed quarterly (the third Monday of July, October, January, and April) to remove stains, gum, candy, dirt, etc. See pressure washing scope. 7. The contractor shall be able to provide additional staff for special events, before and after, at the stadium to handle the additional trash and debris.These special event services shall be billed per event. RFP 23-151 Landscape Maintenance Services Page 72 of 135 SECTION XXIV SANTA ANA ZOO A. Santa Ana Zoo(Zoo) The Santa Ana Zoo was established in 1952 and is a 20 acre zoological park and botanical garden. Due to the sensitivity of the animals at the zoo and unique plantings, there are some variances from the standard Grounds-Landscape Specification. The following special maintenance shall be performed for the Zoo site only. 1. The Contractor shall use electric-powered equipment in the course of providing service at the Zoo. Gas powered equipment is not allowed unless approval is granted by the CR. 2. All turf at the Zoo is considered casual turf. Casual turf at the Zoo shall be mowed using a Mean Green Mowers BVG or equivalent commercial electric mower as approved by the CR. 3. The interior courtyard adjacent to the caf6 and playground sees the highest use levels of all turf areas at the facility. This location should be overseeded and renovated as needed throughout the year to maintain consistent turf quality, aesthetics, and provide the highest amount of usability for visitors. This should be coordinated with the CR for the Zoo. 4. Tree Edging No-Mow Turf- Trees maintained with natural no-mow lawns (i.e. Carex sp.) shall not have shovel cuts around trees. 5. All mulch at the Zoo shall be 2" minus composted mulch applied to a 2" thickness unless approved by the CR. Mulch shall not cover root flare of trees and the base of shrubs leading to plant health issues. 6. To lessen the impact on daily Zoo operations and provide the best well-being for the animals, tree pruning specifications include trees up to 30' height with DBH less than 18". This is restricted to the interior of the Zoo and immediately adjacent to animal habitats. This specification allows for ornamental pruning of small and moderate sized trees to occur throughout the year along with routine landscape maintenance services. This has the effect of spreading out the burden on the facility and drastically reduces the amount of time areas need to be closed off to the public. Large trees and trees outside the public areas are not included. Please see attached diagram for a map. 7. An ISA TRAQ Certified Hazardous Tree Professional shall evaluate all Zoo trees and provide a written report using the Arbor Access Tree Management Software program (or an approved equal) one time only within six months of the start of the contract. 8. Tree Establishment — "Treegator" Slow Release Watering Bags or similar shall be provided for newly planted trees as determined by the CR, Gator Bags shall be filled weekly for the first two growing seasons. 9. California Natives and Drought Tolerant Shrubs-Selectively prune and trim all native plants during appropriate seasons to ensure pedestrian paths, walkways and sidewalks are not impeded or as necessary based on best horticultural practices. (i.e. Romneya coulteri pruned to 6" in late summer or fall, Salvia clevelandii pruned in fall, Zauschenria sp. established plants cut back hard in winter after flowering. 10. Bamboo- Dead, old, small, leaning or misshapen culms shall be removed annually. Cuts shall be made as close to the ground as possible and straight across so there i RFP 23-151 Landscape Maintenance Services Page 73 of 135 are no dangerous, sharp points sticking out of the ground. Care shall be taken to avoid damaging newly emerging culms. The CR will provide additional direction on which clumps may be topped to increase the screening effect or "legged-up" for aesthetics. Giant timber bamboo shall be maintained with a minimum of 12"distance from building foundations. 11. Epiphytic Specimen Plants - Epiphytic plants (Platycerium sp., Bromeliads, Anthurium sp., Tillandsia sp., Laelia sp., etc.) require special attention and may not have dedicated irrigation systems. These specimen plants shall be hand-watered at varying intervals depending on the time of the year based on horticultural requirements. Platycerium shall be fully drenched including the fronds. 12. Ornamental Grasses - All Cortaderia selloana (pampas grass) specimens smaller than four feet in diameter shall be removed immediately and disposed to control invasiveness. Warm-season grasses shall be cut to the ground in fall or winter consistent with best horticultural practices. Ornamental grasses shall be cut within 6"with a flat top and not mounded. Large clumps(5+seasons) only exhibiting growth around the edges of the clump shall be dug up, divided, and replanted. Thysanolaena maxima specimens shall be minimally pruned to maintain form and tidiness. 13. Animal Enclosures&Animal and Human Safety-The Contractor's workers must not enter animal enclosures without prior approval from the Zoo Manager or their representative. Workers must not touch or feed any of the Zoo's animals. In the event of an escaped dangerous animal, the workers will be asked to stop work immediately and evacuate the zoo. Annually, the Contractor shall provide their employees working in and around animal exhibits with basic training on zoonotic disease prevention and common-sense sanitary measures. The Contractor shall meet with the Zoo Director or their representative for relevant information before commencing work. 14. Gutter Maintenance-The Contractor shall pay attention to clearance of gutters within the Children's Zoo area to prevent blockage and the growth of weeds. 15. Zoo Closure Days-The Zoo is closed to the public on Thanksgiving Day, Christmas Day (December 25), and New Year's Day (January 1). The Zoo is open all other holidays. The Zoo may be closed to the public during severe inclement weather. Closure days are subject to change by the CR. 16. Rock Mulch Groundcover- Cactus and succulent beds are to be mulched with Dos Rios Pebbles 3/8" by Southwest Boulder and Stone or equivalent type to match existing as approved by DR. Pebble mulch shall be maintained at a 1" depth and kept off adjacent walkways. 17. General Maintenance, Daily Maintenance - All trash and debris (branches, glass, metal, paper, etc.) on the ground or in trash receptacles shall be removed from all worksites, landscaped and paved areas each day Monday through Sunday before 10:00 a.m., when the Zoo opens to the public. All organic debris (twigs, leaves, fruit, sand, gravel, rock, wood chips) on the pathways shall be removed from paved areas each Monday and Friday before 10.00 a.m., when the Zoo opens to the public. DG pathways shall be maintained through limited blowing and raking to reduce particulate pollution and dust in animal habitats. 18. Washing Landscape Material-To maintain plant health and aesthetics, plant material shall be washed down on a regular basis to remove any accumulated dust and cobwebs. RFP 23-151 landscape Maintenance Services Page 74 of 135 19. Inspection of Perimeter Fence—Daily, the Contractor shall inspect the integrity of the chain link perimeter fence for breaches and advise the Zoo Director or CR of issues. 20.Trimming and Weed Removal within Exhibits— a. Quarterly, the Contractor shall blow-off leaf litter accumulating on animal exhibit roofs, netting, cages, etc. including, but not limited to, Colors of the Amazon Bird Aviary. b. Monthly, the Contractor shall inspect plant material in the animal exhibits for damage to the netting and trim plants pushing through animal exhibit roofs, netting, cages, etc. to prevent damage. c. Contractor shall perform weed removal in the Anteater and Amazon's Edge exhibits. 21. Pressure Washing-The Contractor shall perform weekly and as necessary pressure washing of paved areas, site furniture, drinking fountains, etc. in the cafe eating area. 22. Resetting Seating—The Contractor shall, Monday through Sunday, before 10:00 am each morning, reset all tables and chairs in the Zoo. 23. Blowing-Off Exhibits — The Contractor shall blow-off/clean animal exhibit roofs, netting, cages, etc. on a routine basis. Prior to performance, the Contractor shall coordinate with the CR. 24. Storm Drain Maintenance — The Contractor shall continuously maintain the Zoo's storm/area drains, including the filter fiber by keeping them clean and free of debris. The Contractor shall change the storm/area drains filter fiber,which shall be provided by the Zoo, as necessary. 25.Weekly Meeting —The contractor shall plan to have a standing weekly meeting with the CR and involve the IPM representative in the meeting. 26.All IPM and Agricultural pest control services at the Zoo only shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. RFP 23-151 Landscape Maintenance Services Page 75 of 135 APPENDIX I TERMINOLOGY A. Interpretation!Terminology The following terms are for convenience and reference only and are not intended to define or limit the scope of any provision hereof. The following words shall be construed to have the following meanings, unless otherwise apparent from the context in which they are used: 1. As Needed: To maintain the grounds in a clean appearance as determined by the City. The intent is to permit the City to receive services beyond the scheduled frequencies on an occasional basis. Should a service be needed on a consistent basis the City shall amend the Contract with Contractor subject to approval by the City Council. 2. Additional Cleaning (or Operation): The completion of all maintenance tasks, in whole or in part, to ensure that the specified conditions resulting from the "Initial Cleaning" or"Initial Operation" sustained or retained. 3. Appurtenances: Objects or features, which are component parts of the areas to be maintained. Appurtenances include, but are not limited to: seat walls, bollards, valve boxes, bike racks, fences, walls, monument pedestals, decorative features, benches, picnic tables, light standards/flag poles, handrails, electrical panels and transformer enclosures, and signage. 4. Sport/Priority Turf: Grass surfaces are maintained for the goal of primarily providing a smooth, safe playing surface for sports. 5. Automated Irrigation System: Valves, sprinklers, etc.,that are operated using a controller which functions electrically, hydraulically, or thermally. 6. Biopesticide: Certain types of pesticides are derived from such natural materials as animals, plants, bacteria, and certain minerals. 7. BMP: Best Management Practices are identified by individual industry and must be incorporated into the operational management of the Contract. 8. Centrally Operated Irrigation System: Sprinklers, valves, etc., are turned on remotely from centralized software. 9. Confined Area: An area of turf bordered on three (3) or more sides by shrub beds, planters, hardscapes, walls, fences, play areas, decomposed granite areas, or other like borders. 10. Contiguous Hardscape: Hardscape medians that are on the same street as the landscaped medians and continue through to the next major intersection. 11. CR: City Representative. 12. EIC: Employee in Charge. 13. Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate assistance or relief. 14.AEW:Authorized Extra Work not in the contract to be approved by CR before starting or completing. AEW's will state the hourly rate of each laborer and trade to make the repairs, sample sheet attached. However, in case of a callback for workmanship failures approved through the AEW, the city will deduct a similar rate to make the corrections via a failure to perform (FTP). 15. ET: Evapotranspiration, or the water lost from a plant system due to evaporation from soil or transpiration of water through the plant. 16. Casual Turf: All grass locations which are primarily used for leisure activities and not used for sports. Not sports or priority 17. Green Waste: Any waste from vegetation, including but not limited to: tree trimmings, grass cuttings, dead plants, leaves, branches, wood and dead trees, and similar materials naturally occurring within the subject areas, or generated as a result of services provided by Contractor. "Clean Green Waste"shall not contain more than 10% contaminants. 18. Hardscape(or Hardscapes, Hardscape Areas): Sidewalks,walkways, patios, quads, game courts, bike paths, paved areas, and like surfaces. 19. Hazard:Anything likely to cause a person or animal harm. 20. Homeless imprint: An area defined by belongings, including personal items such as tents, carts, tarps, blankets, furniture, and food, which appears to be a settled area. 21. Initial Cleaning (or Operation): The first cleaning or first maintenance operation of several scheduled for a given day. 22. Interior Roads: Roads that are contained within the boundaries of a given area. 23. Litter: All paper, plastic, cans, bottles, or other material discarded in or on any location within the Contract area other than in a trash container provided for that purpose. 24. Non-emergency: An unplanned service requirement that needs additional attention in a prescribed period. 25. Pesticide: Products that prevent,destroy,repel,or mitigate a pest, orwhich are plant regulators, defoliants, desiccants, or nitrogen stabilizers. A registered chemical is identified using an EPA and/or Cal Registration Number, or both. 26. Recyclable Material: Plastic, glass, or aluminum materials have economic value when separated from trash. 27. Repair or Replace: Equipment or property shall be repaired or replaced as determined by the City with like kind and quality. The intent is to maintain the equipment or property in good condition and consistent with the current model brand or manufacturer. 28. ROC: Rail Operations Center. 29. ROW: Right-of-way. 30. SDS: Safety Data Sheet 31. Spot Cleaning: The cleaning of only those portions of a floor, walkway, wall, fixture, table, furnishing, handrail, bench, or other surface(s)which are soiled (dirty, stained, marked, smudged, etc.), where the entire surface may not be sufficiently soiled to warrant cleaning the entire surface. The contractor shall interpret the term "spot cleaning"to include the complete cleaning/washing of any surface which does not or would not, have a clean, uniform appearance after the cleaning of only portions of that surface. 32. Street Sidewalks (or External Sidewalks): Sidewalks or paved walkways that parallel streets, and which may exist on the perimeter of or adjacent to the areas to be maintained. 33. Trash: All litter, garbage, refuse, rubbish, dead fish and birds, human or animal feces and other materials and substances discarded or rejected as being spent, useless, worthless, or waste. 34. Pressure Washing: Power washing with the use of high-pressure hot water spray to remove dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit. 35. Failure to Perform (FTP): Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of$300 per site per item per day not corrected or the cost to have an outside contractor perform the service. 36. Compost: The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). The eligibility requirements for meeting the Annual Recovered Organic Waste Product Procurement Target require that the Compost must either be i) produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7; or ii) produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State's composting operations regulatory requirements. 37. Direct Service Provider: A person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). 38. Recovered Organic Waste Products: Products made from California, landfill- diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. 39. SB 1383: Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 40. SB 1383 Eligible Mulch: Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7, and which meets the conditions as specified by 14 CCR Section I i i i 18993.1(f)(4) for the duration of the applicable procurement compliance year. FOR PROPOSERS' REFERENCE ONLY APPENDIX I1 ADDITIONAL TERMS AND CONDITIONS TABLE OF CONTENTS SECTION 1. CONTRACT REQUIREMENTS 1.1 Independent Contractor 1.2 Contract Transition 1.2.1 Transition In 1.2.2 Transition Out 1.3 Hours and Days of Maintenance Services 1.3.1 Scheduling of Operations 1.3.2 Service Schedules 1.4 Non-Interference 1.5 Consumable Materials and Supplies— Contractor-Supplied 1.6 Consumable Materials and Supplies— City-Supplied 2. RESPONSIBILITIES OF THE CONTRACTOR 2.1 Inquiries and Complaints 2.2 Safety 2.3 Vehicles and Equipment 2.4 Locks and Keys 2.5 Service Yard and Storage Area(s) 2.6 Utilities 2.7 Traffic Control 2.8 Bloodborne Pathogens and Biohazardous Material 2.9 Accident Reporting and Site Securing 2.10 Vandalism 2.11 Cooperation 1 Collateral Work 2.12 Protection of Existing Facilities and Structures 2.13 Protection of Property During Inclement Weather (Emergency Response) 2.14 Emergency Numbers and Emergency Call-Outs 2.15 Contractor's Staff 2.16 Work and Workmanship 2.17 Supervision and Special Skills 2.18 Management and Enforcement 2.19 Contact with Minors 3. EXECUTION OF WORK 3.1 Subcontracting 3.2 Contractor Hiring 3.3 Notice Requirements 3.4 Default by Contractor/Termination 3.5 Temporary Suspension of Work 3.6 Damage Caused by Contractor 3.7 Non-Emergency Call-Outs 3.8 Work Not Included 3.9 Signs / Improvements 4. ENVIRONMENTAL REQUIREMENTS 4.1 Environmental Requirements 4.2 Refuse Disposal 4.3 Hazardous Materials 4.4 Sound 1 Noise Control Requirements 5. CHANGES TO THE CONTRACT 5.1 City's Right to do Work 5.2 Changes in Service 5.2.1 Special Events 5.2.2 Construction Activity and Maintenance Functions 5.3 Special Requests 5.3.1 Soil and Plant Testing 6. CONTRACT ENFORCEMENT AND EVALUATION 6.1 Contract Enforcement 6.2 Performance Evaluation SECTION 1 CONTRACT REQUIREMENTS 2.1 Independent Contractor The Contract between City and Contractor is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership,joint venture or association, as between the City and Contractor. The contractor understands and agrees that all persons furnishing services to the City under this Contract are,for purposes of Workers'Compensation Liability, employees solely of the Contractor and not of the City. The contractor shall bear the sole responsibility and liability for furnishing Workers'Compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder. 2.2 Contract Transition 2.2.1. Transition In Contractor shall provide a written statement of their transition plan to include potential personnel who will be on the transition team and their roles, subject to City approval. Also included shall be sample timelines illustrating when the Contractor will be fully in place and performing all tasks. The anticipated transition period will be three(3) months. A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period: 1) shovel-cut all tree rings; 2) raise all trees; and, 3) mulch all areas; 4) irrigation audits; S) pressure washing appurtenances; 6) and repair DG paths. The Contractor acknowledges that each site's irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of each site's rotors/heads and lateral irrigation lines. Following the initial agreement for start-up repairs, the Contractor shall assume responsibility for future repairs (see Appendix D 2.4 herein). 2.2.2 Transition Out Contractor shall work in good faith with the City to transition out of the service, should a new Contractor be selected. The storage areas used by the Contractor shall be left in an orderly manner. All materials and equipment owned by the Contractor shall be removed from storage areas in a timely manner. Upon Contract completion,all keys, cards and remote controls given to Contractor shall be returned to the City's designed City Representative (CR)with a final walk-through with the Contractor and the CR. 2.3 Hours and Days of Maintenance Services 2.3.1 Scheduling of Operations a. Normal work hours are from 6:00 a.m. to 6 p.m., Monday through Sunday, unless otherwise specified. The contractor shall perform work at such times as to minimize disturbance or interference to the residence and pedestrian or vehicle circulation (e.g., early morning mowing or irrigation checks, etc.) No routine mowing or pruning shall occur on Saturday or Sunday unless pre-approved by the CR(s). Only those tasks related to cleaning or trash shall become routine on Saturdays and Sundays. b. The contractor shall perform work following the pre-approved schedules during City business or non-business hours, depending on the needs of the facility where work is performed. c. Changes in the schedule by the City may be made with five (5) business days advance written or verbal notice to the Contractor. d. The contractor must notify the CR(s) of any problems or service interruptions within twenty-four (24) hours or the next business day. Unavoidable service disruptions may be completed at a later date at the discretion of the CR(s). e. Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. f. Repeated service interruptions without justification or approval of the CR(s) shall be subject to action provided for herein. g. The contractor shall provide adequate staffing to perform the required services during the prescribed times. h. Any changes in the days and hours of service heretofore prescribed shall be subject to approval by the CR(s). i. The contractor shall be available for on-call services twenty-four (24) hours a day. j. Non-emergency on-call requests shall be responded to within four (4) hours of notification by the City representative or as mutually scheduled and agreed to by Contractor and City representative. k. The contractor shall respond to all requests for on-call emergencies within one (1) hour of notification by the City representative. (Explained further in Section 3.14) I. On-call service rates shall be based on Contractor's hourly rate as quoted in Appendix E for such work. m. Certain maintenance tasks may have time restrictions or extended time requirements. The contractor must observe and respond to these restrictions and requirements. n. The contractor shall adjust schedules to meet the Specifications and compensate for all City observed holidays. 2.3.2 Service Schedules a. The contractor shall, within 30 calendar days of the effective date of the Contract, submit all work schedules to the CR(s)for review and approval. Said work schedules shall be based on a twelve-month calendar and be in a format approved by the City. b. Any other activities that the Contractor performs on a regular or semi-regular basis, as determined by the City, will require a schedule to be submitted upon request by the City. c. The contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR(s) for review and if appropriate, approval within five (5) working days before the scheduled time for the work. d. At the discretion of the City, monthly meetings (or at an increased frequency if deemed necessary by the City) between the Contractor and the CR(s) may be scheduled to determine progress and address any changes in schedules, problem areas, etc. e. Changes or variations in scheduling may be necessitated by City special events, recreation classes, reservations, etc. The contractor shall adapt any or all schedules to the City's requests. 2.4 Non-Interference The Contractor shall not interfere with the public use of the sites and shall conduct its operations as to offer the least possible obstruction and inconvenience to City employees and the public or disruption to the peace and quiet of the area within which the services are performed. In the event of recreation programming issues, special events, etc., the Contractor may be required to alter the schedule to avoid interfering and may be required to return at a later time to meet the task and frequency. 2.5 Consumable Materials and Supplies—Contractor-Supplied The contractor, as a component of the cost proposal,shall provide all of the following items: a. Trash can liners (except at the zoo facility) b. Cleaning agents, spotting agents, polishes c. Disinfecting cleaning agents d. Cleaning-related supplies e. Chemicals (as specified) f. Pest/weed control chemicals (as specified) g. Annual plant materials or any plants that die due to delayed irrigation repairs h. Mulch/topdressing per the contract specifications L Brick dust j. Grass seed (as specified) k. Fertilizer (as specified) ]. Tree stakes and ties rn. Dog bags for Doggie Dispenser No additional payment will be made for these materials. All Contractor provided chemicals, cleaning agents, and materials are subject to review and approval by the City. 2.6 Consumable Materials and Supplies—City-Supplied The City will supply, at no cost to the Contractor,the following items: a. All replacement plant material (not including annuals), except those damaged by the Contractor. b. Irrigation replacement parts (as specified) c. Trash cans d. Playground sand and bark e. Signs —water conservation for medians, wafter audit, field renovation f. City will be provide DG as needed per the specifications. g. Trash can liners (at the Zoo facility only) The contractor shall request these materials from the CR(s), and shall ensure proper and secure storage of these materials in an area specified by the CR(s). The contractor shall also ensure proper distribution and monitoring of these materials/supplies to prevent waste, theft, or other abuse. The contractor shall provide a log specifying where and when supplies have been used,and this log shall be made immediately available to the City upon request. SECTION 2 RESPONSIBILITIES OF THE CONTRACTOR 3.1 Inquiries and Complaints 3.1.1 The contractor shall maintain a telephone at their facilities, listed in the telephone directory in its name or in the firm name by which it is most commonly known. At this location, during the daily hours of maintenance operation, the Contractor shall have some responsible person(s), who is proficient in English, employed to take the necessary action regarding all inquiries and complaints that may be received from the City. An answering service shall be considered an acceptable substitute to full-time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. 3.1.2 During regular working hours, the Contractor's Foreman, or an employee responsible for providing maintenance services, shall be available for notification and able to respond through electronic communications within 30 minutes. 3.1.3 During regular days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage, the City may, after a reasonable attempt to notify the Contractor, cause such action to be taken by the City workforce and charge the cost thereof as determined by the City to Contractor or may deduct such cost from an amount due to Contractor from the City. 3.1.4 The Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken thereto or the reason for non-action. The complaints log shall be open to inspection by the City at all reasonable times. The City will maintain work order and email files. 3.1.5 All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or the Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Director's Representative within five (a) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City. Such cost shall include all City staff time required to resolve the problem and appropriate overhead charges. 3.2 Safety 3.2.1 Contractor shall provide a safe workplace and comply with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) laws and regulations and any other applicable law, rule, regulation, ordinance and risk management standards. The contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. All hazardous substances shall be listed per site, and Safety Data Sheets (SDSs) available at all times. 3.2.2 The Contractor shall be responsible for inspecting, identifying, and securing any condition(s) that renders any portion of a site unsafe and any unsafe practices occurring thereon. The CR(s) shall be notified immediately of any unsafe or undesirable condition(s) via email, phone, or instant messaging ensuring that it was received. This includes, but is not limited, to the following: a. Damaged/inoperable fixtures, hose bibs, or irrigation components b. Running water, irrigation breaks, weeping valves, etc. c. Evidence of arson, vandalism, or other crimes d. Damaged signs or drinking fountains e. Damaged benches or tables f. Graffiti g. Hypodermic needles or condoms h. Large amounts of blood or feces i. Hazardous or suspicious materials/items j. Insect, rodent, or bird infestations k. Homeless persons or their possessions I. Items lost by patrons m. Poor turf conditions (i.e., holes, tripping hazards, uneven surfaces, gopher holes) n. Damaged fencing (i.e., holes, loose posts, missing fasteners) o. Standing water, saturated turf, dry spots p. Lake conditions including dead or sick wildlife,water quality issues q. Downed tree limbs r. Unsafe walkways s. Unstable trees t. Improperly supported trees (i.e. stakes, trees) u. Other hazards, as applicable 3.2.3 The contractor shall be responsible for making minor corrections including, but not limited to: using barricades or traffic cones to alert the public to the existence of hazards, replacing Contractor-damaged valve box covers, and securing any damaged apparatus to protect members of the public or others from injury. 3.2.4 If needed, the Contractor shall assist the public by summoning emergency assistance at the site. The contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site, beginning with immediate notification, and then a complete written report of the nature of the issue to the City within five (5) days following the occurrence. 3.2.5 The contractor shall also ensure that: a. Vehicles, equipment, and hand or power tools are not left unattended or laying on walkways, grounds, or appurtenances where patrons may be put in jeopardy. b. Operator and machine safety equipment shall be in place and operational. c. Machine speed and operational characteristics shall match manufacturer's recommendations. d. Transport and operation speeds shall be within the maximum limits established for the site. e. After the protection of public safety, the preservation of site equipment, appurtenances, infrastructure, and public activities shall be paramount. f. Debris from operations shall not be allowed to compound existing conditions on hard surfaces and public access areas. All debris deposited on these areas as a result of the Contractor's work shall be cleared from hard surfaces and public access areas before leaving the site that day. g. The contractor shall remedy hazardous materials on site which result from Contractor's work and shall properly dispose of the materials off site. The contractor shall notify all appropriate agencies. h. Malfunctioning equipment shall only be left on site with barricading, tagging, and reasonably supervising it until repairs are affected. In no case shall the equipment be left on site overnight. i. During all operations, the Contractor shall be subject to local ordinances regarding noise levels (see NOISE in Santa Ana Municipal Code). Any scheduling of the Contractor's operations may be modified by the City at no additional compensation to the Contractor to ensure that the public is not unduly impacted by the noise of equipment or operations. j. Fuels and additives shall not be left exposed or accessible to patrons. k. Fueling and repair operations shall be performed off of turf areas and away from patron activity. I. All pesticides shall be handled appropriately and safely. 3.3 Vehicles and Equipment 3.3.1 The contractor shall take necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment. 3.3.2 The contractor shall immediately repair or replace all equipment deemed by the CR(s) to be unsafe, irreparable, or in unsatisfactory condition. 3.3.3 The contractor shall provide and properly maintain all necessary vehicles and equipment including, but not limited to: vehicles, mowers, edgers, saws, blowers, water hoses and nozzles, squeegees, and high-pressure/low-volume sprayers. 3.3.4 All vehicles shall display Contractor's name with an approved City service statement visible, such as: X.Y.Z. Contracting, Inc. Serving the City of Santa Ana A prototype of the magnetic placard shall be submitted to the City for approval within 30 days of the award of the Contract, with the placement of the placards on all vehicles operating within the City limits to take place within 60 days following the recognition of the Contract. 3.3.5 All equipment shall receive scheduled preventive maintenance to promote equipment reliability and ensure optimum performance at all times. 3.3.6 All equipment is subject to CR's approval. 3.3.7 Equipment failures that happen more than three (3) times in one (1) month will be subject to deductions and a directive to replace the unreliable piece of equipment. 3.3.8 In preparing the proposal, the Contractor shall consider the following conditions pertaining to the vehicles and equipment utilized in the completion of the specified maintenance tasks: a. The City Council of Santa Ana is considering banning all fuel-powered (e.g., gasoline, methanol) leaf blowers. The contractor will not receive additional compensation should such a ban be implemented before or after the award of the Contract. b. Mowers utilized for the hybrid Bermuda athletic turf must be dedicated solely to that hybrid Bermuda grass to prevent contamination. c. A self-contained power scrubber unit shall be required to perform washing and steam-cleaning operations. The contractor shall meet all specified criteria as outlined in Section 22.2 of the Specifications in Appendix B. All wastewater recaptured by such a unit must be disposed of in a sanitary sewer approved by the City. 3.3.9 The contractor's vehicles may be permitted to drive on turf when conditions allow following specific routes designated by the CR(s). Areas designated as "unavailable for vehicle travel," such as natural habitat areas, shall be serviced by other means. 3.3.10 The City shall provide, if possible, a storage area(s) at those sites that are not immediately accessible to Contractor's vehicles. (If a storage yard is unavailable the contractor shall have a storage facility close to the City of Santa Ana to impact the maintenance). 3.3.11 Larger vehicles may be allowed in the performance of non-regular maintenance tasks, with the approval of the City. 3.4 Locks and Keys 3.4.1 Access to City facilities shall be in accordance with instructions, keys, and/or security cards issued or provided by the CR(s). Access may include special instructions about security systems installed atfacilities. The contractorshall take all reasonable precautions to ensure that the security of the facilities and internal equipment, furnishings, and other items are always maintained. 3.4.2 The City may develop an initial chain and lock system with a specific number of replacement locks for trash containers, restrooms, gates, valve/pump cover boxes, and controllers. The contractor shall be responsible for purchasing similar locks upon the loss of any City-owned locks initially provided to the Contractor. The City shall exchange, one- for-one, locks that have been vandalized or are inoperable. 3.4.3 Contractor may provide a chain and lock system, at Contractor's expense, for trash containers located throughout the site to secure and limit the removal or tipping of the containers. 3.4.4 The Contractor shall be responsible for the series of keys assigned to it and assign these keys to its personnel to maintain the facilities. The contractor shall be responsible for the proper use and safekeeping of all keys issued by the City to the Contractor. 3.4.5 Contractor shall report all lost or stolen keys to the City representative(s) within twenty- four (24) hours of discovering the loss. The contractor shall reimburse the City for the total cost of re-keying the facility or duplicating additional keys, as determined by the City. 3.4.6 Upon termination or cancellation of the Contract, Contractor shall immediately return all keys, cards, remote controls, etc., to the City. 3.4.7 California law stipulates that it is unlawful for a person to duplicate any keys without the owner's permission. The penalty for violation of this law is either six (6) months imprisonment or a fine of$500.00, or both. 3.5 Service Yard and Storage Area(s) 15.1 The City, at its discretion, may provide storage and office facilities for Contractor's use. In such cases, the Contractor is prohibited from using said facilities to conduct any of its business outside the scope of the Contract. Further, said facility shall not be used for human habitation, other than a night watchman or patrol service as specifically approved by the City. 3.5.2 CR(s) shall identify and authorize Contractor to use a designated area, if available, exclusively or shared with City, for onsite storage as needed. If the designated area is shared with the City, Contractor shall identify equipment, materials, and supplies belonging to Contractor. If the City provides an area, the Contractor is responsible for securing and providing the CR access. The contractor shall safely store all supplies and compliance with all laws and regulations. 3.5.2.1 The contractor may not store any trash, litter, or recyclable material at the facility or in any vehicle for a period of over 24 hours. Notwithstanding the foregoing, the Contractor must conduct all operations at the facility in compliance with all applicable laws and regulations so as not to create a nuisance. 3.5.2.2 The contractor shall not"stockpile" hazardous materials in any quantities at the facility and shall not maintain any amount of such material at the facility greater than that which Contractor plans to use within the following 30 days. Notwithstanding the foregoing, the Contractor shall sometimes store all hazardous materials in compliance with all applicable state and federal laws and regulations. 3.5.2.3 The contractor shall not dispose of hazardous material on the site. All such hazardous materials collected on the site shall be appropriately stored temporarily, after that to be disposed of by Contractor at an approved disposal site, per California statutes. 3.5.3 Contractor, at its own risk, may store equipment and materials required for maintenance in said facility, providing the City has agreed to provide such facility. However, the Contractor must always use safety standards and handling procedures as applied to such equipment and materials. This contract assumes minimal facilities for the Contractors' vehicles and equipment. 3.5.3.1 City shall not be liable for damage or loss to Contractor's equipment, materials, and/or personal property. The contractor shall hold City harmless and waive any claims for damage for loss of use of any equipment, materials and/or property that may occur at City facilities. 3.5.4 Contractor shall maintain the service yard and/or storage area(s) in a clean, weed-free, well-organized manner in keeping with the highly visible nature of the surrounding area. Failure to do so may result in the Contractor's loss of the use of the storage area(s). 3.5.4.1 The service yard and/or storage area(s) occupied by Contractor shall be cleaned and swept once per week and the sweepings disposed of in a lawful manner. 3.5.4.2 Contractor shall remove all undesirable material including, but not limited to, trash, accumulated debris, and equipment that is no longer usable for the purpose it was intended for, from the service yard and/or storage area(s). 3.5.5 The City may inspect service yard and/or storage area(s) for compliance anytime at City's discretion. 3.5.6 Upon expiration. or termination of Contract, Contractor shall restore service yard and/or storage area(s) to its original condition. Nothing contained herein which permits Contractor to use designated space shall be deemed or construed as a lease of space, but shall be a mere right to use. 3.6 Utilities The City shall pay for the installation and use of all utilities at these sites,with the exception of the Contractor's telephone hookup and service. 3.7 Traffic Control 3.7.1 When working in road rights-of-way, Contractor shall comply with all procedures and requirements specified in the State of California (CALTRANS) Manual of Traffic Controls for Construction and Maintenance Work Zones and within the confines of applicable OSHA requirements. 3.7.2 Contractor shall cooperate with the Santa Ana Police Department (SAPD) relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of vehicles. If required, the contractor shall obtain an encroachment permit for any partial or complete lane closure. All work that requires traffic controls will need to comply with the current WATCH manual. 3.7.3 When entering or leaving roadways carrying public traffic, Contractor's equipment, whether empty or loaded, shall in all cases, yield to public traffic. 3.7.4 Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or WATCH Book). Lighted signs or arrow boards are required as needed. 3.8 Bloodborne Pathogens and Biohazardous Material The contractor's staff shall be aware of potential exposure to bloodborne pathogens through hypodermic needles, blood and feces, and shall wear personal protective equipment. Contractor shall treat hypodermic needles, large quantities of feces, and any rags, paper towels, or other materials containing blood as biohazardous material. Only individuals trained in the removal and disposal of such material shall do so. Contractor shall immediately notify the appropriate authority upon the discovery of such occurrences. Contractor shall secure the affected site until such time that the appropriate authority can respond. See California statutes and guidelines for process. 3.9 Accident Reporting and Site Securing Contractor shall immediately notify the designated CR(s)of any accident, regardless of whether or not injury or damage is evident, involving park patrons, City staff and equipment, and Contractor's staff, vehicles, and/or equipment shall secure the site until rendered safe. Contractor shall provide all written reports and/or documentation requested by the City. 3.10 Vandalism The contractor shall report any damage to City property, including but not limited to vandalism,Acts of God, and third-party negligence to the CR.Via email, phone call, or message as determined by CR. 3.11 Cooperation 1 Collateral Work The City and other contractors will conduct on-going activities and operations during Contractor's work. These activities will include but are not limited to landscape refurbishment, irrigation system modification or repair, construction and storm-related operations. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by the Contractor as a result of the City's work. Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the CR(s)to cooperate. 3.12 Protection of Existing Facilities and Structures The contractor shall exercise due care in protecting from damage all existing facilities,structures and utilities, both above surface and underground, on the City's property. 3.12.1 Any damage to City property deemed to be caused by Contractor's negligence or failure to use due care shall be corrected or paid for by Contractor at no additional cost to the City. 3.12.2 If the City requests or directs Contractor to perform work in a given area, Contractor shall verify and locate any underground utilities. This does not release Contractor's duty to take reasonable precautions when working in these areas. Any damage or problems shall be reported immediately to the City. 3.13 Protection of Property During Inclement Weather(Emergency Response) During storms and periods of excessive rainfall, and in conjunction with Emergency Call-Outs (below), Contractor shall provide supervisory inspection of the work during regular working hours to prevent or minimize possible damage from such adverse weather. The prime factors in assigning work shall be the safety of the workforce and damage to landscaping. 3.13.1 Contractor shall submit a report identifying any storm damage to the CR(s) and attach a site map identifying location of damage and cost estimate to repair/replace within 48 hours. 3.13.1.1 Report shall contain photos with captions. 3.13.1.2 If remedial work is required beyond the scope of this Contract, it shall be paid for as AEW. 3.13.2 Contractor shall remove debris accumulated by high winds or other typical or non-typical environmental conditions. The contractor shall remove minor silt and debris from athletic fields, V- ditches, adjacent inverts, storm drains, etc. 3.13.3 During the periods that excessive rainfall hinders normal operations, the Contractor shall adjust its activities to perform functions such as litter and debris pick-up, remove downed limbs, clear drains and other duties as deemed necessary by the CR(s). 3.13.3.1 During periods of excessive rainfall, the Contractor shall keep all area drains and draining facilities clear and operating and remove water from all tot- lot areas, if directed. 3.13.4 Failure to adjust the workforce to show satisfactory progress, as determined by Contractor and CR(s)jointly, on the work may result in a deduction of payments. 3.14 Emergency Emergengy Numbers and Emergency Call-Outs 3.14.1 Contractor shall supply the City with name(s) and phone number(s) of person(s) representing the Contractor for 24-hour emergency response, seven (7) days per week. 3.14.1.1 The City will, in turn, provide Contractor its emergency contact information so that in the event Contractor must contact the CR(s), this information can be utilized. 3.14.2 Contractor shall have the capability to receive and to immediately respond to calls of an emergency nature during normal working hours and during hours outside of normal working hours (See Section 2.3.1.k). Contractor shall be available via voicemail, text, phone, or answering service. The aforementioned information shall remain current at all times. 3.14.2.1 Contractor shall respond by phone within 30 minutes of a call from the CR(s), and shall be on site within 30 minutes of the call back. Any changes to contact information shall be forwarded to the City in writing within 12 hours of any such change. 3.14.2.2 In situations involving emergencies after normal work hours, Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour. 3.14.2.3 Calls of an emergency nature received by the City shall be referred to Contractor for immediate disposition. 3.14.3 If emergency work is required, the Contractor shall notify the CR(s) by telephone before any emergency work is commenced. 3.14.4 Contractor's vehicle shall carry sufficient equipment to control traffic (barricades, delineators, cones, etc.). 3.14.5 When the Contractor arrives at the site, Contractor shall set up traffic warning and control devices and any other safety devices, if deemed necessary, and proceed with remedial action after contacting the CR(s). 3.14.7 Public health/safety matters requiring an emergency response include but are not limited to: any portion of the irrigation system functioning in a non-operational manner, broken water mains, stuck valves,the threat to private property resulting from Contractor's operations, fallen trees, down or hanging limbs, natural disasters, etc. 3.15 Contractor's Staff The contractor shall provide sufficient personnel to perform all work by the Specifications set forth herein and in Appendix A, B, C, and D. This is a performance-based Contract. 3.15.1 In its proposal, the Contractor shall define the minimum staffing. It is up to the Contractor to complete all tasks as defined, regardless of staffing, but they shall maintain at least the minimum staffing, as stated in their proposal, at all times. 3.15.2 In its proposal, the Contractor shall list the names of all employees, titles, hours and which location/area each employee is assigned. DIR reporting sheets will be used to verify staffing levels by area. 3.15.2.1 Each crew of Contractor's employees shall include at least one(1) individual who speaks and comprehends the English language at a professional level. 3.15.3 The City may, at any time, give Contractor notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of the City or public. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter, and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employee(s)will not be detrimental to the interest of the City or public. Examples of employee conduct or action that prove detrimental to the interest of the City of public include, but are not limited to: • Unprofessional behavior • Misleading or false statements • Misrepresentation of work accomplishments • Illegal activities 3.15.4 Contract-designated staff employees shall not work on supplemental tasks (AEW) during regular work hours. If worked during regular hours, additional staff will be required, contracted work shall not experience any reduction in frequencies or quality. 3.15.5 Contractor shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and the public the name of the Contractor. The identification system shall be furnished at Contractor's expense and may include appropriate attire and name badges as specified by the City. 3.15.6 Contractor shall require each of its employees to adhere to basic standards of working attire, including full uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. 3.15.6.1 Employee pants, shirts, jackets, and sweatshirts must be uniform. Shirts, jackets, and caps used as uniforms shall bear Contractor's identification logo; 3.1.5.6.2 Shirts shall be worn at all times, and shall be buttoned and tucked-in, 3.15.6.3 No caps with insignias or designs other than Contractor's logo may be worn, and no caps shall be worn backwards. 3,15.6.4 The City shall approve Contractor's uniform prior to the start of the Contract. 3.15.7 The City expects Contractor's staff to turn into CR(s) all items that have been lost or misplaced by the general public, regardless of perceived value. Contractor shall communicate this expectation to all employees. All items must be returned to the Tree Farm (7600 E. Spring Street, 90815) and have an accompanying landscape area ID and date. 3.16 Work and Workmanship Contractor shall thoroughly complete each task in a professional and workmanlike manner, and shall use quality equipment and materials that comply with all current regulations to complete the scope of work at the proper standards. The safety of workers, passersby, and the public shall be paramount. Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage ground cover, sports, or turf areas. During the periods when inclement weather hinders normal operations, Contractor shall adjust its work force and schedule. Contractor shall immediately notify the City when the work force has been removed from the job site due to inclement weather or other reasons..Supervision and Special Skills The contractor shall assign a supervisor for the north, south, Civic Center, and Zoo districts, as proposed in the labor summary, who will be authorized to act on behalf of the Contractor and who will work regularworking hours for the duration of this Contract. He/she shall have at least five(5)years of experience in landscape maintenance supervision. The contractor,and Contractor's staff, must have horticultural expertise and a broad range of experience in plant care and maintenance, including California native and southwest-adapted plants,turf management, entomology, pest control, soils,fertilizers, plant identification, and irrigation system maintenance. The contractor's supervisor shall be capable of communicating effectively both in written and spoken English and have experience in park maintenance projects of the type found in the City of Santa Ana. All supervisors and acting supervisors shall be outfitted by Contractor with a portable personal communication device capable of transmitting and receiving phone calls from anywhere. The crew leader and/or supervisor needs to be available during working hours to meet the CR on any given issue at any service location. Should this individual change, the CR(s)must be notified in writing within five (5)days of the change. 3.17 Management and Enforcement 3.17.1 The contractor has the responsibility of providing fully trained and qualified personnel. The CR(s) at each site shall closely monitor the staff activity to detect operational irregularities and non-compliance with contractual requirements. 3.17.1.1 Enforcement is the responsibility of the Contractor, not the City. 3.17.1.2 All specifications shall be managed by the Contractorto ensure the standards are being met. 3.17.2 It is Contractor's responsibility to see that the organization oversees all activities. Furthermore, the Contractor must ensure that standards are met and do not delay, ignore, or otherwise limit its contractual obligations. 3.17.3 Before initiating any task, each site shall be inspected by a knowledgeable and responsible employee of the Contractor, who shall determine the practicality of initiating the operation. Upon the Contractor's determination of the impracticality of initiating the operation, the City shall be consulted. The City's decision shall be final. 3.18 Contact with Minors The contractor providing services at any City location shall provide the City with a list of all persons over the age of eighteen (18)who will be working at such locations. State law provides that the Contractor shall fingerprint all such persons referred to herein and shall obtain criminal history information pursuant to California Penal Code 11105 or 13100 foreach individual. Prior to the award of the Contract,Contractor shall provide written verification that all persons, as referred to herein, have not been convicted of any offense involving moral turpitude,nor any offense as specified in Penal Code 11105.3(g), nor any offense relating to the type of services to be performed as determined by the City. Contractor shall pay the costs incurred with the fingerprinting and obtaining the criminal history information. Any misrepresentations with respect to Contractor's obligations under this section or failure to comply with the requirements as stated herein shall constitute a breach of the contract thereby giving City the right to terminate the Contract immediately. Contractor shall indemnify the City for any such breach of this section. SECTION 3 EXECUTION OF WORK 4.1 Subcontracting No performance of this Contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this Contract without said consent shall be null and void and shall constitute a default under this Contract. In the event of such a default, the City may immediately terminate this Contract. In the event the City should consent to assignment or subcontracting, each term and condition of this Contract shall extend to and be binding upon and inure to the benefit of the assigns, successors or administrators of the respective parties. In the event that the City should consent to subcontracting,the Contractor shall include in all subcontracts the following provision;"This Contract is a subcontract under the terms of a prime Contract with the City of Santa Ana. All provisions of that prime Contract shall apply to this subcontract." The Contractor shall indemnify, defend, and hold harmless the City and its employees from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees. 4.2 Contractor Hiring The City encourages Contractor to create newjobs for low or moderate-income persons and Santa Ana youth for its operations under this Contract. Contractor agrees that it shall use good faith efforts to create such new jobs. All qualification and hiring decisions will be made by Contractor. The contractor agrees that it will reasonably cooperate with the City through the City of Santa Ana's Training and Employment Development Officer and staff with respect to recruitment, screening and tracking of employees. In implementing these efforts, such Officer and staff will provide to Contractor, at no cost, pre-screening and pre- qualification of all potential job applicants. Such services include assisting with community outreach to recruit qualified job applicants and conducting pre-screening of all potential job applicants and conducting pre-screening sessions to determine the most qualified applicants for jobs. 4.3 Notice Requirements for purposes of non-performance or otherwise Notice shall be in writing,as a work order,and submitted via email to the Contractor and Director of PRM. Notice shall be given on the date shown on the email. Change of email address shall be given in the same manner as other notices. 4.4 Default by Contractor/Termination Notwithstanding and in addition to payment deductions for Contractor's deficient performance described within Section 2.3.1 (e) of the RFP, the City may terminate this Contract without liability for damages when, in the City's sole opinion, the Contractor is not diligently performing or otherwise not complying in good faith with the Contract, has become insolvent,has assigned or subcontracted any part of the work without the consent of the City, or has otherwise defaulted in the performance of the Contract, and has not otherwise cured such default after a period of ten (10)days' notice given by the City to do so. Suppose a default situation occurs as a result of the Contractor's non-performance and/or non-compliance to the specifications and requirements herein or any other work applicable under this Contract. In that case, Contractor i agrees that the City may withhold payment or partial payment of any and all invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. If the City terminates the Contract,the City will give notice to that effect to the Surety and Surety shall,within five (5) business days of delivery of the notice, assume control and perform the work as successor to the Contractor, and shall be paid by the City for all work performed. If the Surety does not comply with such notice within said five(5)day period or, after starting to comply, fails to continue,the City may exclude the Surety and the Contractor from all City facilities and have the work completed by City employees, by another Contractor, or by a combination of such methods. All costs incidental to the default of the Contractor shall be charged to the Contractor and the Surety, and may be deducted from any monies due the Contractor. Surety shall pay,within fifteen(15) calendar days of receipt of an invoice, all such incidental costs less any amount deducted from monies due. 4.5 Temporary Suspension of Work The City Representative(s) (CR) shall have the authority to suspend work by the Contractor, wholly or in part for such period as necessary due to unsuitable work conditions, failure of Contractor to carry out directions, unsafe or hazardous conditions, or failure to perform in accordance with these provisions. The Contractor shall request permission of the CR(s), during City business hours, to temporarily suspend work wholly or in part for such period as necessary due to unsuitable, unsafe, or hazardous work conditions or failure of the City to notify the Contractor of changes in locks, security codes or access to facilities being cleaned. 4.6 Damage Caused by Contractor All damage to existing facilities caused by Contractor shall be repaired or replaced at Contractor's sole expense. All such repairs or replacements shall be completed within the time limits specified by the City below: a. Irrigation damage shall be repaired or replaced within one (1) watering cycle or 24 hours. b. All damage to shrubs, trees, turf or ground cover shall be repaired or replaced within five (5) working days. c. All damage to appurtenances shall be replaced within a period of 30 days. All repairs or replacements shall be completed in accordance with the following maintenance practices: a. Trees: All damage, including minor damage, such as bark lost from impact of mowing equipment or string trimmer's, shall be subject to replacement with a tree comparable in species and size, as approved by the City, within 30 days. b. Shrubs/Ground Covers: All damage shall be subject to replacement with a shrub or plant comparable in species and size, as approved by the City, within 30 days. c. Appurtenances: All damage caused by Contractor to components of the facilities or grounds, including but not limited to benches, picnic tables, permanent chairs, irrigation heads, valves, valve boxes, controller boxes, concrete walks, railings, fencing, and gardens shall be corrected at Contractor's expense, within 30 days. 4.7 Non-Emergency Call-Outs Time and materials shall be charged for payment on a separate invoice and pre-approved by the City,(i.e.trash pickup generated by special functions)for those items outside of the normal scope of work. The time and material charges shall be in accordance with the submitted cost proposal. 4.8 Work Not Included Water and electrical billings,except in instances where excessive costs are incurred by the City due to water waste or negligence by Contractor,are not included in this Contract. If the Director of PRM, based upon all of the facts that may be gathered, determines that excessive water and/or utility costs have occurred due to Contractor's work, the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs. 4.9 Signs/ Improvements Contractor shall not post signs or advertising matter on City property unless prior written approval therefore is obtained from the City. i SECTION 4 ENVIRONMENTAL REQUIREMENTS 5.1 Environmental Re uirements 5.1.1 Contractor shall ensure that all personnel whose responsibilities involve cleaning, waste disposal, or landscaping are trained in Best Management Practices, as set forth in the City's NPDES permit and Storm Water Management Plan. 5.1.2 In preparing its proposal, Contractor shall consider the following conditions pertaining to the completion of the specified maintenance tasks: a. Contractor must conduct all operations in accordance with the City's Storm Water Management Plan and State NPDES. b. Appurtenances must be cleaned by a method(s)which does not result in runoff going into any water body, gutter or storm drains. Only potable water may flow into any water body, gutter or storm drains. c. All wash water must be disposed of in a sanitary sewer. d. No litter, debris, oil, grease, green waste, or other materials and substances may be washed, swept, or blown into the street or storm drains. e. All liquids, including but not limited to, rinse water and cleaning agents, must be properly disposed of in compliance with all laws and regulations. No liquid or product of any kind may be discharged to a gutter, storm drain or paved surface where it could be carried to the storm drain system or to a water body. f. For washing operations, Contractor shall use (1) a high-pressure/low-volume sprayer using only potable wafter and no cleaning agents at an average use of .006 gallon of water per square feet of surface; or (2) a self-contained power scrubber, which recaptures all wastewater, cleansers, and debris. All wastewater recaptured by a self-contained power scrubber must be disposed of in a sanitary sewer approved by the City. 5.1.3 Contractor shall comply with the City's recycling efforts and program. a. Contractor is required to recycle green waste, keeping it separate from trash and other debris. 5.1.4 Contractor shall have an Integrated Pest Management policylprogram in effect. 5.2 Refuse Disposal 5.2.1 Unless directed otherwise, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service 5.2.2 The City will provide the refuse bins and pay the costs of the disposal, however, the contractor shall dispose of all trash, litter, and debris collected (i.e. refuse) by Contractor in the performance of the daily maintenance tasks including refuse collection, green waste, debris, litter, trash, emptying of trash cans, and litter control. The refuse collected by the Contractor in the performance of these tasks shall be transported to a proper disposal site by the Contractor. 5.2.3 No trash, litter, debris, or green waste shall be permitted to be dumped from sites not on this contract, If the contractor is found to abuse the refuse bins, the contractor will assume the responsibility to dispose of and pay for all refuse costs for the remaining terms of the contract. 5.2.4 The contractor shall maintain logs or invoices showing Santa Ana address identifying its refuse collection and disposal activities and make those logs or invoices available to the City for inspection on reasonable notice. 5.2.5 The contractor will not be required to sort recyclable materials from trash and other refuse collected by the Contractor. Recyclable 'materials are the property of the City. 5.3 Hazardous Materials Use of any chemicals or hazardous materials by the Contractor in performing services shall be subject to approval of the City and shall be used in accordance with the manufacturer's directions and specifications. Contractor shall store and dispose of chemicals or hazardous materials in accordance with all laws, rules and regulations on the subject. Contractor shall defend, indemnify and hold harmless the City and its officials and its employees for all claims,demands,damage,causes of action, loss, liability,cost or expense relating to the Contractor's failure to comply with this section. 5.4 Sound/Noise Control Requirements Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, specifically Santa Ana Municipal Code 8.84 NOISE, that apply to any work performed pursuant to the Contract. 5.4.1 Each internal combustion engine used for any purpose for the work or related to the work shall be equipped with the type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated without such muffler. 5.4.2 The Santa Ana City Council is considering a ban on all fuel-powered leaf blowers. Contractor will not receive additional compensation should such a ban be implemented prior to or after the award of the Contract. 5.4.3 Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be paid. SECTION 5 CHANGES TO THE CONTRACT 6.1 City's Right to do Work The City reserves the right to do work as required within the Contract Areas. If such work affects Contractor's work,the City will ask Contractor to submit costs incurred by Contractor as a result of the City's work. 6.2 Changes in Service 6.2.1 Special Events a. The areas contained in this Contract are frequently utilized for special events. Some of these special events (e.g., filming, carnivals, concerts, parades, etc.) will affect regular grounds maintenance operations for extended periods of time. In these instances, the City may request an alternative means of, or alternate schedules for, maintaining these areas. For example: mowing operations in some areas may not be possible due to a filming setup. In this instance, the City may request the Contractor to control the growth of weeds around the area in lieu of mowing, at no different or additional cost other than the amount proposed for mowing. b. Certain damage to turf, irrigation, and other landscaped areas may result from large special events. Contractor is not liable for the repair of such damage, but may be asked to perform said repair work as "Additional Work." Prior to each large special event, the Contractor and the CR will jointly assess the conditions of the designated sites to establish a benchmark for any needed "Additional Work." 6.2.2 Construction Activity& Maintenance Functions a. In the event that construction activity prevents, or limits, Contractor from performing certain maintenance operations, the City, at its discretion, may remove, temporarily or permanently, the affected areas, or maintenance functions, from the Contract and the Contract price shall be reduced pro rata. 6.3 Special Requests Contractor may be requested by the City to perform special tasks that are not included in the normally scheduled work(i.e.citizen requests,coordination with utility locations, or special work orders relative to City functions). It is intended that the Specifications are indicative of the work to be anticipated by Contractor and will allow for reasonable additional work which is considered normal maintenance at no additional cost to the City in order to meet the objectives and criteria. 6.3.1 Soil and Plant Testing Upon request, Contractor shall perform soil or plant testing of selected areas for soil fertility, salt build-up, pathological organisms, percolation tests, etc. Contractor may be required to pay costs of tests if negative results are related to incorrect maintenance practices. These tests will be used to determine whether additional treatments are required. Tests will be requested by the CR(s). Payment shall be in accordance with Unit Work Costs in the cost proposal. SECTION 6 CONTRACT ENFORCEMENT AND EVALUATION 7.1 Contract Enforcement 7.1.1 The contractor or its authorized representative shall meet on the site, as needed, at the discretion and convenience of the City, with a CR to do a site inspection as it relates to determining compliance with the Contract Specifications, site challenges, and/or developing a scope of work. All scheduled and periodic maintenance functions shall have a current status and completion date prior to this meeting and be documented on the electronic monitoring and work order system. Contractor's representative must be authorized to sign documents and make changes to the work. 7.1.2 The City reserves the right to perform inspections at any time to monitor performance. The contractor shall cooperate with the City, State, and Federal representative(s) in the review and monitoring of the Contractor's performance, records and procedures (see Section 7.2). 7.1.3 At the request of the City, the Contractor or its appropriate representative shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract, and description of City policies and procedures. 7.1.4 In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action. 7.2 Performance Evaluation 7.2.1 City staff shall perform site inspections each day at undisclosed times and at various service areas to determine if scheduled tasks are performed as specified. 7.2.2 If the CR determines that any required services are deficiently performed, incompletely performed, or not performed at the appropriate time as specified by the City, the City will give notice to the Contractor via work order or email to correct the deficiency, complete the performance, or perform within a time stated in the notice. If Contractor fails to correct deficiencies within that time, the City may: (a) deduct $300 from Contractor's payment a sum attributable to the deficiency; or(b) upon giving five (5) days' notice to the Contractor for failure to correct the deficiencies, City may correct the deficiencies. The costs incurred by completion of the work by an alternate source, whether it be City forces or another contractor, will be deducted from the payment to the Contractor from the City, as determined by the City. 7.2.3 A sum of $300.00 will be deducted from the base payment amount for each deficiency per occurrence. 7.2.4 City staff will perform these site inspections utilizing the City's contract performance management system on-site with portable electronic devices with a data connection. These devices allow for performance deficiencies to be documented immediately while completing, which will send a notification immediately to the Contractor. CITY OF SANTA ANA r 7.2.5 The action above shall not be construed as a penalty, but as an adjustment of payment to the Contractor to recover a portion of City costs due to the failure of the Contractor to complete or comply with the provisions of this Contract. EXHIBIT B VARIOUS CITY SITE MAPS �S anno'�� N "ORM-0 ,+ d ti .I - V - a AIL L F71ml Ln V 4p • EHlaw - - i '� i� i r0l Q �1 u NO n - _ ... c. ZOhI• 'CV N N O1 c7 o _ Ls-- —^ 4S-uv11d45 N Zlll � ';� : •' 1 v o R 0 0 U a N L O z MEi11 ��-mo��t�-.•���urit o.,.r•r•s..-.rY-� . «et • IS SSOH do -_ >` r I 40 El Rl ,« c� ! r . � I 1 1 1 • � / � lid�t}I' 1 • T ,� ^ — ►� It = 3 = o o ,i v � a. _ •_ - •` YY WAS It s - � 1 r �` • � � � y'} Sul.: ( �. MOP n - � . COW. } Rj \k p. EXHIBIT C PRICING PROPOSALS/RATES Page 52 LANDSCAPE WEST .\tanagcmcnts(,Fic(•s in( Attachment A -2 (District 1) ADDENDUM 2 - EXHIBIT 1 ATTACHMENT A-2 REVISED PROPOSAL PRICING DISTRICT 1 *Total of 9 Full Time Employees*** PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage* Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents Cesar Chavez/Campesino 7 $13,000.00 $156,000.00 9 Edna 2 $8,000.00 $96,000.00 9 El Salvador 9 $17,000.00 $204,000.00 9 King St. Park* TBD $0.00 $0.00 9 Memory Lane 0.6 $2,500.00 $30,000.00 9 Riverview 8 $11,000.00 $132,000.00 9 Rosita 8 $15,000.00 $180,000.00 9 Other(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage* EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) 171h St.&Santa Ana River Triangle 0.69 $1,600.00 $19,200.00 9 Fairview Triangle 0.73 $1,600.00 $19,200.00 9 Annual Total $69,700.00 $836,400.00 9 *Future Park DISTRICT 1:SANTA ANA LIBRARY Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage* Monthly Rate Yearly Rate Equivalents ETC.) New Hope Libray 0.56 $2,000.00 $24,000.00 9 Annual Total $24,000.00 9 1234 North Blue Gum St.Anaheim,CA 92806-P: (714) 8604702 F: (714) 860-4705 Page 53 Ll� LANDSCAPE WEST ManageiTient Services.Ills. Attachment A -2 (District 2) DISTRICT 2 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents 10th and Flower Park' 1.7 N/A N/A N/A Angels Community 1.7 N/A N/A N/A Birch 2.4 N/A N/A N/A Cabrillo 7.3 N/A N/A N/A Cabrillo Tennis Center 7.6 N/A N/A N/A Cheppa's 0.4 N/A N/A N/A Eldridge 1.2 N/A N/A N/A Fisher 1.5 N/A N/A N/A French 0.2 N/A N/A N/A Garfield 0.1 N/A N/A N/A Mabury S.5 N/A N/A N/A Mariposa 0.5 N/A N/A N/A Morrison 5.9 N/A N/A N/A Portola 9.1 N/A N/A N/A Saddleback View 0.9 N/A N/A N/A Santiago(including bike trail) 26 N/A N/A N/A Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) 602 N.Garfield Street 0.2 N/A N/A N/A Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage ETC.) Garfield Community Center 0.2 N/A N/A N/A Plaza Calle Cuatro 0.2 N/A N/A N/A Sarah Mae Downie Herb Garden 0.1 N/A N/A N/A Santa Ana Stadium 6.9 N/A N/A N/A Willard Playground 0.2 N/A N/A N/A Annual Total N/A N/A N/A 'Future Park DISTRICT 2:COMMUNITY DEVELOPMENT AGENCY Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate Equivalents ETC) 2nd St From Broadway to Sycamore 0.1 N/A N/A N/A 4th St.from Ross to French 0.5 N/A N/A N/A Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents NE corner of 3rd St.and Bush St. 0.8 N/A N/A N/A 312 N.Bush Street 0.1 N/A N/A N/A Annual Total IN/A N/A N/A 1234 North Blue Gum St.Anaheim, CA 92806-P: (714) 860-4702 F: (714) 8604705 Page 54 LA*t LANDSCAPE WEST Ntanagoncnt Services,Inc. Attachment A -2 (District 3) DISTRICT 3 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Full Time Acreage' Monthly Rate Yearly Rate Equivalents EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC-) q Bristol/Tol liver Park' 1.1 N/A N/A N/A Bomo Koral 11 N/A N/A N/A Delhi 10.4 N/A N/A N/A Lillie King 9.6 N/A N/A N/A Madison 6 N/A N/A N/A Memorial 15.5 N/A N/A N/A Maple Occidental Exercise Park 0.43 N/A N/A N/A Pacific Electric 1.4 N/A N/A N/A Sandpointe(including paseos) 7.7 N/A N/A N/A Segerstrom 1.2 N/A N/A N/A Standard and McFadden Park 0.64 N/A N/A N/A Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate ETC.) Flower Trail(Flower/Warner to Flower/Sunflower) 1.5 N/A N/A N/A Pacific Electric Trail(Chestnut/Maple to Alton/Bristol) 3.5 N/A N/A N/A Parking Lots(MUST BE FUMY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) 300 S.Main Street 0.4 N/A N/A N/A 1022 S.Main Street 0.1 N/A N/A N/A Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate ETC.) _ Roosevelt/Walker Comm.Center 1.3 N/A N/A N/A Unused Property(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate ETC.) 625 S.Cypress-Cypress Fire Station 0.17 N/A N/A N/A Annual Total N/A N/A N/A *Future Park DISTRICT 3:COMMUNITY DEVELOPMENT AGENCY Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate Equivalents ETC.) Carnagie Homeless Shelter TBD N/A N/A N/A Parking tots(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) NE corner of 3rd St.and Bush St. 0.8 N/A N/A N/A 312 N.Bush Street 0.1 N/A N/A N/A Annual Total N/A N/A N/A 1234 North Blue Gum St.Anaheim,CA 92806-P: (714)8604702 F: (714)8604705 Page 55 Z4 LANDSCAPE WEST Managernt;n[Services,Inc'. Attachment A -2 (District 4) DISTRICT 4 ***Total of 14 Full Time Employees`** PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents 1st/Mountain View Park* 1.7 $3,000.00 $36,000.00 14 Adams 7 $8,000.00 $96,000.00 14 Centennial 87 $20,000.00 $240,000.00 14 Ed Caruther's Park* 1.1 $3,000.00 $36,000.00 14 Friendship 0.1 $1,200.00 $14,400.00 14 Heritage 8 $8,000.00 $96,000.00 14 Jerome 14 $10,000.00 $120,000.00 14 Santa Anita 5 $8,000.00 $96,000.00 14 Thornton 35 $16,000.00 $192,000.00 14 Windsor 12 $9,300.00 $111,600.00 14 Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate Full Time Equivalents ETC) Bear Street(Segertrom Ave.to MacArthur Blvd.) 0.49 $1,300.00 $1S,600.00 14 Greenville Street(North of Hall Ave.to Segerstrom Ave.) 0.38 $1,300.00 $15,600.00 14 Jerome(Monte Vista Ave to McFadden Ave) 0.2S $1,300.00 $15,600.00 14 MacArthur Blvd(Santa Ana River Trail to MacArthur Blvd) 0.06 $1,000.00 $12,000.00 14 St. Andrew PI./St.Gertrude PI. 0.18 $1,000.00 $12,000.00 14 Raitt Street(5egertrom Ave.to Alton Ave.) 0.25 $1,000.00 $12,000.00 14 Other(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) McFadden Triangle 0.94 $1,200.00 $14,400.00 14 Annual Total $1,135,200.00 14 *Future Park DISTRICT 4:SANTA ANA POLICE DEPARTMENT Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage* Monthly Rate Yearly Rate Full Time Equivalents ETC) Santa Ana PAAL Center 0.52 $1,200.00 514,400.00 14 Annual Total i i 114 1234 North Slue Gum St.Anaheim, CA 92806-P: (714) 860-4702 F: (714) 8604705 Page 56 LA*t LANDSCAPE WEST xianagcmcnt SCrviCL`S,Inc:. Attachment A -2 (Civic Center) CIVIC CENTER **Total Full Time 6 for Civic Center and 3 Full Time for QOLT** CIVIC CENTER (MUST BE FULLY LOADED AND INCLUDE LABOR, Full Time Acreage Monthly Rate Yearly Rate Equivalents EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) *555,000 for Civic Center&$213,000 for QOLT $64,000.00 $768,000.00 9 Annual Total $768,000.00 9 Attachment A -2 (Sant Ana Zoo) SANTA ANA ZOO `**Total Full Time 6 Employees for Zoo*** ZOO (MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents 20 $43,500.00 $522,000.00 6 Annual Total _ $522,000.00 6 1234 North Blue Gum St.Anaheim, CA 92806-P: (714)860-4702 F: (714)860-4705 II n 1 f!� NOTICE OF COMPLIANCE CITY STAFF:PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Landscape West Mgmt Svcs, Inc. Name: Project TBD (2) Number: Project TBD (2) Name: The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: TYPE OF INSURANCE POLICY NUMBER EXPIRATION COI DATE FILE NAME DATE 23-24 WC CI City of Santa Ana- AUTOMOBILE LIABILITY 72UENOL9302 04/01/2024 10/05/2023 Median+Right- Of-Way LAN D800- 0199.p df 23-24 WC CI City of Santa Ana- GENERAL LIABILITY 72UUNOK7437 04/01/2024 10/05/2023 Median+Right- Of-Way LAN D800- 0199.pdf 23 PKG CI City of PROFESSIONAL LIABILITY 72UUNOK7437 04/01/2024 03/27/2023 Santa Ana LAN D800- 0299.pdf 23-24 WC CI City WORKERS COMPENSATION AND EMPLOYERS' of Santa Ana- LIABILITY WSD507365500 10/11/2024 10/10/2023 weed and debrisLAND800- 0199.p df No further action is required at this time. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 2/5/2024 4:23 PM Exhibit 3 INSURANCE ON FILE WORK MAY PROCEED A-2024-007-03 UNTIL INSURANCE EXPIRES C TI2 AX CITY CLERK DATE. FEB 2 3 2024 AGREEMENT WITH MARIPOSA LANDSCAPES,INC. TO PROVIDE GROUND MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between Mariposa Landscapes, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. On October 20,2023 the City issued Request for Proposal No. 23-151 ("RFP"),by which it sought Contractors to provide grounds maintenance services to City parks, bike trails, open spaces, and parking lots with assignment of the varied City districts to be assigned to the selected Contractors. A. Contractor submitted a responsive proposal that was amongst one of the four(4)vendors selected by the City.Contractor represents that it is able and willing to provide the set-vices described in the scope of work that was included in the RFP. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor tinder this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference for Districts 2 and 3. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed tinder this Agreement at the rates and charges identified in Exhibit C. The total aggregate stun for services, provided by all four (4) Contractors selected under RFP 23-151. shall not exceed $35,737,920 for the entire term of this Agreement, including any extension periods exercised by the parties,as detailed below. The annual aggregate amount, available to all the selected Contractors, shall not exceed $7,147,584,which includes a base annual amount of$5,228,320 plus a contingency of $1,919,264 for services to be exercised at the City's sole discretion. Page I of 10 b. Payment by City shall be made within forty-five (45)days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to.meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on February 1.,2024 for a three(3)year term until January 31, 2027,with the option for the City to grant up to two (2) one(1) year renewals,exercisable by a writing by the City Manager and the City Attorney,unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1.720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et sect., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works"and"maintenance"projects, If the services being;performed are part of an applicable"public works"or"maintenance" project,as defined by the Prevailing Waive Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indernnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Haws. S. INDEPENDENT CONTRACTOR Contractor shall, during the entire torn of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intencled 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 per orms 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 quell services. Contractor shall pay all salaries and wages, employer's social security taxes, Lill enlp.loyrllelit insurance and similar taxes relating to employees kind shall be responsible for all applicable withholding taxes. C. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual License for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property Page 2of10 embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise wcorded on Computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license :For any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor males no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in. any way in its use of the Doct►ments and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7, INSURANCE Contractor shall procure and maintain for the duration of(lie contract insurance against claims f0rinjurieS to persons or damages to property which may arise fron7 or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (C:[ L): Insurance Services Office Form CO 00 01 covering COL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising ill with limits no less than $1,000,000 per occurrence, It'a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CO 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence lintiit. • Automobile Liability: ISO Forn7 Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8)and non-owned autos(Code 9), with limit no less than$1,000,000 per accident:for bodily injury and property da►nago, • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no loss than $1,000,000 per accident for bodily injury or disease. • Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and$2,000,000 aggregate per policy period of one year. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum li.mits of insurance and coverage shall be available to the City. Page 3 of 10 Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the Following provisions: Adrfillonaf Insured Status The City, its officers,officials,employees,and volunteers are to be covered a additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts, or equipment furnished in conneetionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance(at least as broad as ISO Form CG 2010 1185 or if notavailable,through the addition of both CO 20 10,CG 20 26, CC 20 33, or CO 20 38;Lind CG 2037 if a later edition is used). Primmy Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute With it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City, il'aiver of'Stibr ogalion Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss wider such insurance. Contractor agrees to obtain any endorsement that may be necessary to Affect this waiver of subrogation, but this provision applies regardless ol'whether or not the;City has received a waiver Of subrogation endorsement from the insurcr. &J(4nnvaretf Retentions Self insured retentions must be declared to and approved by the City.The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be, satisfied by either the named insured or City. Acceplabilittr of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a cu.rrunt A.M. Best's rating of no less than A:Vll, unless otherwise acceptable to the City. Claims Hade Politics (note—should be applicable only to prq fesslonal llablMy,see below) IF any of the required policies provide claims-made coverage; 1. The Retroactive bate must be shown,and must be before the date ofthe contract or the beginning of contract wort{. Page 4 of I0 2, IrlSurance must be maintained and evidence of insurance must be provided for at least five(.5)years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-Horde policy forrrr with a Retroactive Date prior to the contract effective date,the Contractor must purchase "extended reporting" coverage for a minimum of.ive (S) years after completion of wort,. Verifleotion of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language offecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CCL policy listing all .policy endorsements to City before work begins. however, failure to obtain the required docurizentS prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete,certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City .is an additional insured on insurance required from subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer,coverage, or other special circumstances, 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees,contractors,special counsel,and representatives from liability: (i).for personal injury, darnages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise rrom the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting; on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is dale by reason of the terms of of,effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,jLlst cornI)ensation,restitution,judicial or equitable relief suffered,or alleged to have been suffered,by reason of tite 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 pity fill costs Bor tile defense of the City,including fees and Costs for special Counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting; that personal in damages, just compensation, restitution,judicial or equitable relief clue to personal or property rights arises by reason of the terms of, or effects arising frorn this Agreement, City may make all reasonable decisions with respect to its representation in any legal procceding.Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782,8, the above indemnity Page 5 of 10 shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9, INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark,or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement, 10. RECORDS Contractor shall keel) records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period require([ by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data,documents,proceedings, and activities related to this Agreement for a period of three (3) years:From the date of final payment to Contractor under this Agreement. 11, CONFIDENTIALITY if Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the perfor.rnance 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 inctude 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 tiny information that:(a)has been disclosed in publicly available sources;(b)is,through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests,direct or indirect, which would conflict in any manner with performance of'services specified under this Agreement. Page 6 of 10 13. NON-DISCRIMINATION Contractor shall not discriminate because of race,color,creed,religion,sex,marital status, sexual orientation, gender identity, gender expression, gentler, medical conditions, genetic information,or military and veteran status, ago, national origin,ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion,termination or other employment related activities or any services provided under this Agreement, Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal,state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor,and supersedes any and all other agreements, oral or written,between the parties. In the event of conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shal I prevail. "Phis Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. 'fhe parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof,shall not bind or obligate Contractor or the City.Each .party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party,which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered ihuli 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. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment,the Executive Director may require Contractor to deliver to the City all work prodUct(S) completed as of such (late, and in SLleh 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 mode for work which foils to meet the standard of performance specified in the Recitals of this Agreement. Page 7of10 17. WAIVER No waiver of breech, failure of any condition, or any right or reruedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy.No waiver of any breach,.failure or right,or remedy shall be deemed a waiver of any ether breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing;so specifies. 18, JURISDICTION- VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California,shall be the venue for any action or proceedings' that may be brought or arise out or,in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits,approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California,the City of Santa Ana and till other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. 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 llrst class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section,to the followings persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa.Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director,Public Works Agency City of Santa Ana 20 Civic Center.Plaza (M-21} Page 8 of 10 P.O. Box 1988 Santa Ana,California 92702 To Contractor; Mariposa Landscapes, Inc. Attn: Terry Noriega,President 6232 Santos Diaz St, Irwindale, CA 91702 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address, If sent by rilail, COMIALinication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax., communication shall be effective or deemed to have been given twenty-four(24) hours after the time set forth on the transanission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these tinge frames,weekends, federal,state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bins their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, b. All Exhibits referenced herein and attaches) hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to:follow] Page 9 of 10 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ennifer L. 11 „o.*' omas R. Hat i Ci Interim City Manager APPROVED AS TO FORM: CONTRACTOR: SONIA R. CARVALHO City Attorney l =-;t-h- T.Martinez Terry Noriega Assistant City Attorney President RECOMMENDED FOR APPROVAL: a Nabil Saba, PF. Executive Director Public Works Agency Page 10 of 10 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES TABLE OF CONTENTS I. GENERAL MAINTENANCE OPERATIONS A. General Operations 5 B. Specialty/ Sports Areas 6 1. Sand Court Areas 6 2. Hard Surface Areas 7 3. Bicycle Trails/AC Walkways 7 4. Decomposed Granite(DG) Surfaces, Walkways, and Trails 7 5. Parking Lots, Bike Trails, and Roads 7 II. IRRIGATION A. General Information 9 B. Water Management 9 C. Maintenance 11 D. Repair 13 E. Personnel 14 F. Materials 14 III. TURFGRASS A. Maintenance—Overview 16 B. Inspections—Sports/Priority Turf 18 C. Casual Turf 18 D. Sports/Priority Turf 19 E. Renovation Process 21 IV. EDGING AND DETAILING A. General Specifications 23 V. GROUNDCOVER A. General Specifications 24 VI. SHRUBS RFP 23-151 Landscape Maintenance Services Page 21 of 135 (9) CITY OF SANTA ANA A. General Specifications 26 VII. VINES A. General Specifications 28 VIII. TREES A. General Specifications 29 B. Trees Under 15 Feet 30 IX. LAKE MAINTENANCE A. General Specifications 32 X. PEST CONTROL A. General Specifications 33 B. Procedure 33 XI. WEED CONTROL A. General Specifications 36 B. Weed Control of Hard Surfaces 36 C. Weed Abatement of Fallow or Undeveloped Lands 36 XII. LITTER AND DEBRIS MANAGEMENT A. General Specifications 38 B. Schedule 38 C. Pressure Washing 39 XIII. HOMELESS TASKS /CLEANUP A. General Specifications 40 XIV. DRAINAGE APERTURES A. General Specifications 41 XV. PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 42 XVI. GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 43 XVII. REPORTS AND SCHEDULES A. General Specifications 44 B. Reports 44 RFP 23-151 Landscape Maintenance Services Page 22 of 135 (2) CITY OF SANTA ANA C. Schedules 45 XVIII. IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 47 B. Irrigation Schedules 47 XIX. CIVIC CENTER A. General Specifications 48 B. Annual Color Planting and Maintenance Specification at Civic Center 49 C. Vandalism 50 D. Quality of Life Team (QOLT) at Civic Center 50 XX. LAWN BOWLING A. General Specification, Lawn Bowling 53 XXI. CENTENNIAL PARK A. Centennial Park 55 XXII. VACANT LOTS A. Vacant Lots 56 XXIII. SANTA ANA STADIUM A. Santa Ana Stadium 57 XXIV. SANTA ANA ZOO A. Santa Ana Zoo 58 RFP 23-151 Landscape Maintenance Services Page 23 of 135 CITY OF SANTA ANA SECTION I GENERAL MAINTENACE OPERATIONS This section establishes overall daily contract requirements that the Contractor shall perform unless otherwise specified in later sections. Other specifications given per section are to be utilized as unexpected situations arise and clarification of service is required. It is Contractor's obligation to fully understand the grounds' landscape specifications. Additionally, for all mulch and compost needs that are necessary for Landscape Maintenance, the City's Refuse Contractor Republic Services shall provide freee mulch and compost for all City projects. For all other mulch and compost that requires the Contractor to procure, the the Contractor shall: • Use Compost and Senate Bill (SB) 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovations, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). • Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to the City's Solid Waste Enterprise annually upon request. Information to be provided shall include: o General description of how and where the product was used and applied; o Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; o Quantity and type of each product; and o Invoice or other record demonstrating purchase or procurement A. General Operations 1. All areas shall be inspected daily and be maintained in a neat, clean, and safe condition at all times. 2. All drinking fountains shall be checked weekly and kept clean. Clean is defined as free of standing water, disinfected, free of calcium deposits or other encrustations, well-polished, and with drains/collectors cleaned of silt and debris. 3. All sidewalk areas within maintained areas shall be clean and cleared of debris at all times. 4. All leaves, paper, trash, and debris shall be removed from landscape and hardscape areas daily and disposed of offsite. 5. Trash cans provided by the City shall be emptied daily and washed after emptying when necessary, as determined by the City Representative (CR). All tops/lids shall RFP 23-151 Landscape Maintenance Services Page 24 of 135 CITY OF SANTA ANA be wiped clean weekly. All missing lids shall be reported immediately. 6. All concrete drains and other surface drains under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow daily. 7. All other drainage facilities shall be cleaned of all vegetation and debris daily, or as necessary. 8. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be immediately made safe and reported to the CR. 9. All barbecue grills, and hot coal containers, shall be emptied of all ashes twice weekly, once on Thursday and once on Sunday mornings. 10. All park benches, picnic tables, play equipment, and band shells shall be steam cleaned or pressure washed per the pressure washing schedule and specifications. Sanitization may vary with use. 11. Reserved picnic sites are a top priority. These sites shall be cleaned and blown by 8:00 a.m. daily, including weekends, holidays, and other times if deemed necessary. Pressure washing will be on a schedule, refer to the pressure washing section, but may require additional pressure washing as determined by CR. 12. The contractor shall spray monthly in all listed areas to control weed growth. 13. The contractor shall check all dog bag dispensers daily, and restock them as necessary. The contractor shall report missing and/or broken dispensers, on the same day, to the CR. The bags shall be provided by the City. 14. All tree limb failures shall be reported to the CR and collected along with any debris within 72 hours. 15. Six-Month Service: a. On January and July of each year the Contractor shall change out old flags and replace them with fresh, new all-weather flags to be provided by the City. Contractor shall follow all flag etiquette regarding the proper care, storage, delivery, and replacement of our American, City, and any other flags. Contractor shall deliver the old and worn flags to the the Park Services Inspector so flags properly folded and cared for. 16. Contractor shall inspect the basketball courts and tennis nets, and replace if required. The City will provide these materials. B. Specialty I Sports Areas 1. Sand Court Areas These areas include tot lots, play areas, volleyball courts, etc. a. All sand areas, including tot lots, shall be cleaned with a basket sand rake to remove leaves and debris and leveled daily. The use of hand- held or backpack blowers or other devices shall not be substituted for raking. b. Sidewalks adjacent to tot lots must be swept or blown daily. Care should be exercised to avoid any patrons using the tot lots. Contractor shall decide when to schedule maintenance activities around their use. RFP 23-151 Landscape Maintenance Services Page 25 of 135 � CITY OF SANTA ANA c. All areas shall be kept free of weeds at all times. d. There shall be no spraying of weeds in sand court areas. e. Areas shall be edged and the turf surrounds maintained. If sand berms accumulate in turf, they must be removed and replaced with sod. f. All sand areas shall be rototilled monthly, at least three (3) weeks apart, to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand (approximately 12"). After rototilling, all areas shall be raked level. g. Sand shall be replenished as necessary to maintain optimum level in each area. Generally, six inches (6") below the top of the concrete curbing is acceptable. However, dependent upon play equipment footing, the final level shall be determined by CR for each area. Sand will be provided by the City but spread and leveled by the Contractor. h. In the event of storms and periods of excessive rainfall, or the sand court areas become flooded resulting in standing water, the Contractor shall remove the water immediately, as directed by the CR. Water shall be discharged to a safe area. 2. Hard Surface Areas These areas include concrete sidewalks, medians, skate parks, tennis courts, handball courts, basketball courts, bicycle trails, asphalt concrete (AC) walkways, and bandshells. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept or blown daily to remove all deposits of silt, sand, glass, and all foreign objects. c. All sports courts, stages, and bandshells shall be power washed per the pressure washing schedule, or as needed. The contractor will work with the CR to determine the schedule. d. Cracks and crevices must be kept free of weeds at all times. e. Sidewalks should be blown daily, reference Section A., General Operations, No.3. 3. Bicycle Trails/AC Walkways Special emphasis shall be placed on chemical edging along these areas to prevent damage to asphalt by vegetation. All such damage shall be repaired at Contractor's sole expense. 4. Decomposed Granite(DG) Surfaces,Walkways, and Trails RFP 23-151 Landscape Maintenance Services Page 26 of 135 CITY OF SANTA ANA DG walkways and trails require additional attention to be properly maintained. The two(2) most common conditions are an uneven surface and lack of moisture. Both issues can make the material unstable and sand-like, creating an unsafe surface. a. The integrity of the surface must be kept intact at all times. b. The contractor shall perform daily inspections of DG surfaces. c. Borders of DG areas shall be kept in proper repair and well-defined at all times. d. DG areas shall be kept free of weeds at all times. e. Monthly maintenance of DG areas shall be according to industry standards. f. Contractor shall immediately repair any DG areas where holes or ruts are apparent, or where the surface becomes uneven. g. Materials will be supplied by the City to maintain the integrity of the product. 5. Parking Lots, Bike Trails, and Roads These areas include parking lots and roads located within the boundaries of the parks, or areas directly adjacent to parks, and whose primary purpose is to provide vehicle parking for patrons. Street parking areas that are not meant specifically for park users will not be included in this section. Areas in doubt should be clarified with the CR. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept, blown, and/or vacuumed weekly to remove all debris and deposits of silt and/or sand and glass. c. Cracks and crevices shall be kept free of weeds at all times. d. Illegally dumped foreign substances, such as motor oil, shall be properly cleaned immediately. RFP 23-151 Landscape Maintenance Services Page 27 of 135 �) CITY OF SANTA ANA SECTION 11 IRRIGATION The irrigation system consists of all components from the outflow side of the meter. The Contractor shall control the irrigation programming components with the coordination of the CR, while the CR will control those components operated by the central programming software Calsense. All manual control systems shall be directly overseen weekly, and in a manner, which allows the irrigation specification to be completed. Contractor shall employ a certified irrigation specialist per district, Zoo, and Civic Center. A. General Information Water management within the City landscape maintenance areas is guided by the following parameters: 1. Application of water to landscape plants at a rate closely matching the demands of plant material; 2. Minimizing runoff; 3. Water conservation and plant health are given equal consideration; 4. Roadway condition and safety; 5. Safe surfaces for community use; 6. Water budget; and 7. Plant health. B. Water Management Water conservation is a top priority for the City and shall be incorporated into all irrigation programming. The irrigation schedule is dynamic and regularly needs to be altered to meet the needs of the City landscape. CR shall determine the schedule and Contractor shall program the controllers to meet this schedule. Landscape irrigation is currently being switched to Calsense Central Control. It is intended that the City will perform water management responsibilities within the central control system. 1. City of Santa Ana irrigation system includes: a. Battery controllers (Hunter Nodes) in valve boxes b. Non-centrally controlled manual clocks c. Hydraulic valves d. Thermal valves e. Quick coupler systems f. Electric valves g. Solar-powered controllers (Leit) RFP 23-151 Landscape Maintenance Services Page 28 of 135 � CITY OF SANTA ANA 2. Controller programs shall incorporate the following: a. Calsense Central Control software shall be exclusively utilized for all controllers with available connections. Field checks shall be required to verify the success of programming as it applies to a specific location. Field checks will be the responsibility of the Contractor, who will report to CR. b. Water must be conserved while meeting the needs of the plant material. c. The City of Santa Ana Water Department (SAWD) management requirements shall be followed unless the CR approves an alternate schedule. d. Contractor shall avoid weekend watering unless approved by CR. e. Contractor shall water deeply and infrequently for all tree and shrub applications. f. Contractor shall utilize cycle/soak principles to encourage deep rooting of all plant material, especially turf. g. Evapotranspiration (ET) rates shall be utilized when considering programming. h. Contractor shall minimize runoff onto streets, sidewalks, and other non-target areas. i. Contractor shall provide sufficient time for the soil to dry out between irrigations. j. Contractor shall maximize community use of City property. k. Contractor will alter the irrigation programming to accommodate the field renovations to promote seed germination and establishment. 3. Irrigation systems shall be programmed to water between 10:00 A.M. and 6:00 P.M. (Monday- Friday) unless otherwise approved by the CR. 4. Contractor shall be responsible for programming all controllers(light energized Irrigation Technology, field controllers, battery-operated controllers, manual systems) not integrated into the central control system. 5. Program changes for the manual (non-centralized) controllers shall be done the same day of notification by the CR and changed per CR specification. 6. Verification of the updated irrigation schedule shall be the responsibility of the CR. The contractor shall work with the CR to ensure all programming changes have been entered and verified on the electronic programming log. 7. Contractor shall set and maintain the programming for the manual irrigation controllers to meet the criteria as stated above. The City reserves the right to inspect and monitor those settings and make recommendations to the Contractor. In case of a dispute, the CR will make the final determination. Any discussion of this type shall be recorded by the Park Inspectors on the work order form and kept on file. 8. In the event that any of the components of the irrigation system fail to provide full and proper coverage, Contractor shall provide alternate irrigation with full and proper coverage to all areas in the worksite at no extra cost to the City. 9. The controller program shall be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with the established Irrigation Association (IA), Metropolitan Water District (MWD), and Santa Ana Water Department (SAWD) guidelines recognized throughout the industry. RFP 23-151 Landscape Maintenance Services Page 29 of 135 CITY OF SANTA ANA 10. Any damage created by improper irrigation practices or neglect shall be the responsibility of the Contractor to correct, at sole cost to the Contractor. 11. No watering shall occur during the daylight hours unless associated with a repair, audit, manual system operation, or an alternate schedule is approved by the CR. 12. The operation of manual irrigation systems shall occur daily, Sunday through Monday, between 6:00 A.M. to 6:00 P.M. 13. All program changes shall be recorded on the electronic Irrigation Controller Program Log by Contractor. 14. City shall compare water meter readings to ensure that there is no excessive water use in any of the Contract areas. Contractor must meet with the CR to review these reports as necessary, or as directed by the CR. 15. Contractor shall turn off programmed irrigation systems immediately during periods when extreme rainfall exists or is predicted, and other times when suspension of irrigation is desirable to conserve water, as directed/approved by the CR. 16. Any time the irrigation system(s) are shut down for any reason, Contractor shall notify the CR immediately. Once CR acknowledges the necessity to turn on the water once again, controller activation shall begin within five (5)working days. 17. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for the greatest potential runoff. C. Maintenance 1. Contractor shall diagnose, maintain, and repair all irrigation components downstream of the remote control valve (RCV). The Contractor SHALL be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no additional cost to the City. Contractor will repair or assist in repairs for components downstream of the meter through Additional Extra Work (AEW). 2. Irrigation maintenance shall include, but not be limited to operation of the system, adjustments, repairs, modifications, improvements, testing, analysis, and other work as required. Some examples of regular maintenance include the function of electrical systems, backflows, controllers, valves, head alignment and spacing, and wiring operation. a. Components include but are not limited to irrigation controller, remote control valves, main and lateral lines, fittings, risers, sprinkler heads, quick couplers, drip systems (subsurface and surface), master valves,flow sensors, valve boxes,fertilizer injector systems, and tree watering systems. 3. All areas shall be irrigated to maintain specified growth and appearance determined by CR. 4. Handsets (Calsense, LEIT) may be required to operate the controllers. These will be supplied at Contractor's expense. 5. Proper alignment (vertical straightness, operational height of nozzle) will require raising/lowering/leveling of the sprinklers and shall be done at Contractor's sole expense. 6. Plants blocking the sprinkler pattern will require the technician to mark the plant material with paint and coordinate the trimming/removal with the CR. RFP 23-151 Landscape Maintenance Services Page 30 of 135 CITY OF SANTA ANA .l 7. Automatic controllers and/or enclosures shall be locked while unattended. Locks are initially supplied by the City, if lost or reckless the Contractor is responsible to replace with same or higher quality locks at their expense. City will replace worn or deteriorating locks. 8. All enclosures, including valve, controller, booster pump, etc., shall be kept free of all insects, rodents, and rust. Damage caused by insects, rodents, or rusting shall be repaired within five (5) calendar days at Contractor's expense. 9. All drip line valve filters shall be cleaned twice per year in February and November of every year. 10. All subsurface apertures shall have permanent lids affixed at all times and shall be kept free of overgrowth. Apertures include valve boxes, controllers, electrical and cable boxes, manholes, and backflow devices. 11. Weekly Priority/Sports Turf irrigation audits shall be completed and electronically submitted to CR. 12. Should the CR be called upon to diagnose an irrigation problem that is Contractor's responsibility, the City's labor and material costs incurred will be deducted from the monthly payment to the Contractor. 13. All irrigation evaluation work requires a notification sign to be present for the duration of the work. 14. All sprinkler heads and emitters shall be adjusted to maintain proper coverage to ensure adequate flow. Adjustments shall include, but not be limited to actual adjustments to heads; cleaning and flushing heads, nozzles, lines, and screens; and removal of obstructions. 15. All irrigation systems shall be tested and inspected a minimum of one(1)time per calendar year quarter (Jan-Mar, Apr-Jun, Jul-Sep, Oct-Dec), regardless of controller type, and an electronic audit form shall be used to submit the results to CR quarterly by the 10th day of the month following that period (e.g., April 10th, July 10th, October 10th, and January 10t1). Any requested changes shall be submitted for approval before implementation. a. An exception to the aforementioned is any battery-operated valve, which shall be inspected two (2) times per year. D. Repair 1. Contractor shall continually monitor and perform any necessary repairs from the outflow side of the meter. 2. City will provide materials to replace the RCVs and mainlines, see Section 2.6, Materials for the process. 3. The Contractor shall be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no extra cost to the City. Contractor shall make repairs to the satisfaction of the Director's Representative (DR). Contractor shall make repairs within 24 hours of being on notice of deficiencies to the lateral lines and/or rotors/heads. 4. Contractor shall contact the CR regarding structural failures after the meter (e.g. RFP 23-151 Landscape Maintenance services Page 31 of 135 CITY OF SANTA ANA backflows, main and lateral lines, valves, central control, etc.) within twelve (12) hours of occurrence. Repairs requiring additional funds shall be proposed within 24 hours by contacting the CR. 5. All damage resulting from Contractor's operations shall be repaired or replaced before the end of the workday at the Contractor's sole expense. 6. All third-party damage or other needed repairs shall be completed by the Contractor, as indicated in the Specifications, and paid for by the City on a cost-per-repair basis. Repairs to the irrigation system shall be completed within 24 hours of approval by the CR on any component damage, including, but not limited to, broken irrigation lines and tubing, defective or broken valves, sprinkler heads, emitters, sprinkler head relocations, and other modifications as necessary. 7. If not able to make irrigation repairs in a timely manner, Contractor shall be responsible for watering all areas manually. 8. In addition to quarterly testing, all irrigation systems shall be tested and inspected daily if necessary, when damage or malfunction is suspected, observed or reported. a. Contractor shall repair malfunctioning controllers, quick couplers, manual or automatic valves, and sprinkler heads within twelve(12)hours of receipt of the verbal or written notice unless the field condition does not allow or per the direction of the CIT (City Irrigation Technician). b. Contractor shall correct deficient or irregular irrigation systems and equipment as necessary following verbal notification from the CR. c. Irrigation checks must be done immediately if plants begin to wilt, defoliate or change color. 9. All Sports/Priority Turf irrigation repairs shall be made within four (4) hours of approval by the CR. 10. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment will be made by the City nor billed by Contractor for repairs on equipment covered by the warranty. 11. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in irrigation frequency. Costs will be determined from comparisons of usage with historical usage for the same time period and be presented to the Contractor for review before deduction of payment. E. Personnel Contractor shall provide dedicated irrigation a personnel to the Contract Area, District 1, District 2, District 3, District 4, Civic Center, and the Zoo; whose primary and sole function shall be to properly operate, monitor and maintain the irrigation system within the listed Contract Areas Personnel shall be: 1. Fully trained and knowledgeable in all phases of the landscape irrigation system, including central control, site controllers, component maintenance, repair, and adjustment, and familiarity with all brands and models of irrigation equipment used within the City; 2. Personnell shall be knowledgeable of and proficient in current water management RFP 23-151 Landscape Maintenance Services Page 32 of 135 i CITY OF SANTA ANA concepts; 3. Capable of performing irrigation audits and providing a report; 4. Capable of taking direction from several City personnel, but particularly accountable to the City Irrigation Technician and the area gardener; and 5. Capable of verbal and written communication in a professional level of English. F. Materials The City shall supply irrigaton materials and supplies. However, there will be occasions when a repair is necessary and the City is out of inventory. In these cases, Contractor shall be required to supply the materials. Contractor is responsible for repairs, including but not limited to, irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems' remote-control valves (RCVs) at no extra cost to the City. 1. City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises this option, the following conditions will apply: a. All City purchases will be for the sole use of and for the City. b. Contractor shall secure and store inventory, distribute and control all material entrusted to its representatives. All materials and inventories shall be made available to the City upon request. c. All material given to the Contractor shall be inventoried by location using the electronic work order system. The replaced part shall be returned to the City to remove the replacement part from the outstanding inventory. 2. All replacement materials shall be original types and models unless a CR approves a substitute. 3. Contractor shall maintain, at no additional cost to the City, an adequate inventory of medium-to high-usage stock items to repair the irrigation systems. 4. Contractor shall implement repairs under all warranties. 5. All invoices, AEW, shall state labor and material costs. 6. The actual cost of all materials passed onto the City shall include the following: a. Wholesale cost(retail costs minus Contractor's discount) b. Applicable sales tax c. A markup of 10% maximum for all overhead costs and profits 7. The wholesale cost shall be the actual cost paid by Contractor reflecting the best price, including any discount given to Contractor (written receipt submitted with billing) 8. At no time shall the cost of materials exceed the retail cost from the current price list, minus any discounts. RFP 23-151 Landscape Maintenance Services Page 33 of 135 (9) CITY OF SANTA ANA The City desires to establish and maintain safe, healthy, well-suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. RFP 23-151 Landscape Maintenance Services Page 34 of 135 CITY OF SANTA ANA SECTION III TURFGRASS The City desires to establish and maintain safe, healthy, well-suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level,with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. A. Maintenance—Overview Turf care shall be differentiated by the two (2) types of turf- "Casual" and "Sports/Priority" Turf. When the word "Turf' is not preceded by the word "General" or the word "Sports/Priority," it applies to both types of turf. 1. Casual Turf Mowing All "casual" turf(non-sport/priority turf) shall be mowed every other week, from October 31 st to February 28th of each year. "Casual" turf shall be mowed each week from March 1 st to November 1 st of each year. Each year the DR will select the dates in mid-November and mid-March when the Contractor shall transition from every other week mowing to once-a-week mowing. The Contractor shall use Kubota L5060 tractors, or approved equal, equipped with turf-type tires and tractor- powered Trimax ProCutS3-237 91" rotary mowers for the large turf areas greater than 69" wide and Trimax ProCutS3-178 69" rotary, or approved equal, detail mowers for areas between trees and other park amenities. The DR shall determine the height of the cut. 2. Sport/Priority Turf Mowinq All "priority"turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2% 3/4" unless approved by CR. To achieve a quality cut at this height and not leave clippings, the Contractor will perform a first cut using a rotary mower with clipping catching capability, followed by using a Kubota L5060 tractor equipped with turf-type tires and tractor- powered Trimax ProCutS3-237 91" rotary mower, an approved fairway or greens mower for medium size areas and a walk behind Jacobsen Eclipse2 reel mower for small areas. Note that the Contractor shall perform quality sports turf mowing and detailing to the DR satisfaction regardless of the equipment and methods the Contractor uses. The DR shall direct the Contractor to mow the priority turf lower than 1/2", if necessary. Note that the Ball Diamond Infield Maintenance Contractor shall be responsible for mowing turf infields, including foul territory turf areas, 36" beyond the skinned infield arc, and other designated ball diamond turf areas. Infield maintenance shall not be a part of this agreement. 1. The contractor shall maintain mowers that provide a smooth, even cut without ridges or depression and without tearing off the leaf blades; including sharp blades on all mowers. 2. All factory safety equipment must be fully operational. 3. The mowing schedule may be altered due to weather and/or other conditions upon approval from the CR. 4. Mowing shall be completed during one (1) single-day operation per given area. 5. The contractor shall not mow areas where the soil is over-saturated. 6. All litter shall be removed from the turf before each mowing. RFP 23-151 Landscape Maintenance Services Page 35 of 135 4 CITY OF SANTA ANA 7. Mowing shall be performed at the speed the mower's manufacturer specifies to maximize the quality of the cut. The emphasis shall be on quality mowing vs. speed and unprofessional patterns. 8. Mulching mowers shall be used to mow General Turf grass areas. Recycling blades and/or recycling decks shall be used in all areas where grass clippings will not be picked up. 9. Excessive clipping debris, as determined by the CR, shall be removed and disposed of offsite at the Contractor's expense. 10. String trimmers shall not be used for mowing turf. 11. Turf shall be mechanically trimmed with a grounded blade edger at the same time as mowing during the seasonal mowing cycle (twice per month in winter, once per week in summer). 12. The areas requiring edging shall include all hardscapes adjacent to turf, including sidewalks, curbing, planters, grave markers, historical plaques and markers, and other concrete entities, asphalt, concrete, paved areas, and DG. 13. All edging shall be done in a way as to not damage any hardscape entities. 14. Other fixtures such as but not limited to valve boxes, utility boxes, cleanouts, drains, signs posts,poles, benches,tables, and building foundations can be edged with the use of string trimmers, once an edging pattern has been properly established using an edger or sharpened shovel. Should the edged area begin to deform, CR shall direct the Contractor to repeat the detail process. 15. Property damaged by string trimmers or mowers shall be replaced/repaired immediately. 16. Sidewalks and other hard surfaces shall be properly cleaned after each edging, including grass stains or marks from the mowing process. 17. Trimming of grass around trees or planter beds in the turf area (12 to 24-inch distance from the object) shall be performed during the seasonal mowing cycle in such a manner as to avoid damage to the plants. a. Chemical edging and trim pattern establishment using a blade edger shall be completed when grass encroachment is within six (6) inches of the trunk or planter bed. 18. Any mechanical damage to tree trunks which is considered Contractor neglect shall result in a replacement planting, at the discretion of the CR. 19. Refurbishment of damaged turf due to Contractor negligence, including poor irrigation management, irregular turf evaluation intervals, and/or Contractor error shall be completed within seven (7) days of discovery and notation. 20. Turf shall be maintained within 6-12 inches of all appurtenances (e.g. walls, fences, transformers, etc.) 21. Detail lines shall be made straight and shall be maintained straight. 22. The contractor shall fill all divots, depressions, and uneven areas with sand, as directed by the CR. 23. The City reserves the right to require the Contractor to apply plant dye on specified plant material within 24 hours of notification to the landscape that has been stressed due to the Contractor's neglect. The dye will be applied at no additional cost to the City. RFP 23-151 Landscape Maintenance Services Page 36 of 135 (2) CITY OF SANTA ANA B. Inspections—Sports/Priority Turf The contractor shall inspect the sports fields or play areas daily. 1. All sports fields shall be kept at a level grade to provide a uniform height of turfgrass, by topdressing low places with clean sand. a. Depressions over 1" in depth, which lack turfgrass cover, shall be filled with weed-free soil to the existing grade. Rototilling may be prescribed by a CR. 2. The contractor shall inspect the sports fields or play areas for proper water drainage away from the playing surface. If drainage is not evident, irrigation programming in the affected area shall be required to prevent landscape failure. The contractor shall contact the CR for the proper irrigation management strategy, which shall be programmed within 24 hours. 3. The contractor shall inspect the sports fields or play areas for hazardous holes or depressions that may cause a player to trip. Those found shall be filled as directed in Section 3.2.1.an above. 4. The contractor shall remove stones and other debris that may interfere with play or cause injury. 5. The contractor shall inspect the sports fields or play areas to see that the soil absorbs irrigation and rain rapidly enough to provide reasonably good footing on the surface of the area. If improvement is indicated by the CR, Contractor shall contact the CR for direction. 6. The contractor shall inspect the sports fields or play areas to see if the turf surface is being irrigated evenly with a reasonable amount of water. Irrigation programming for Sports/Priority Turf is at the highest tier (Tier One—Turf Irrigation Reduction Priority Key). C. Casual Turf The scope of work for General Turf includes the following: 1. The mowing schedule shall be once per week from March 1 to October 31 and once every other week from November 1 to February 28, Monday through Friday of each week specified. 2. Not more than 1/3rd of the total leaf length shall be removed per mowing. 3. Mowing shall be completed in one (1) operation. 4. Turf shall be aerified a minimum of one (1)time annually in March using a solid tine aerator to a minimum depth of three (3) inches. 5. Casual Turf shall be renovated-overseeded one time per year, April through May. All seed quantities and types specified with either Kikuya or Marathon fescus shall be verified by the DR prior to any applications. The process for ren ovation-overseed i ng shall be as follows: 6. The turf shall be flailed down to W. All turf clippings shall be removed. 7. The contractor shall flag/mark all irrigation and site amenities and shall avoid hitting/damaging them with the aeration equipment. Any damage caused to the irrigation or other site amenities shall be repaired/replaced at the Contractors' expense. 8. The contractor shall coordinate with the CR to irrigate the causal turf to allow greater penetration for the aerator. RFP 23-151 Landscape Maintenance Services Page 37 of 135 �) CITY OF SANTA ANA 9. The turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). Contractor shall make two- passes in different directions per the DRs direction. 10. Contractor shall coordinate with the CR to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. 11. Once the CR verifies that the irrigation system is working efficiently, the Contractor shall overseed the turf using Stover Seed Company's AZ-1 Kikuyugrass or Marathon Fescus at a rate of 30 pounds per acre. During the germination period, the Contractor shall assume responsibility for programming the irrigation controller(s) to assure 100% germination of seed. 12. Immediately after overseeding the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination of seed. 13. The intent of overseeding is to have 100 percent turf coverage, re-seeding in bare spots shall include seed topper. 14. Cutting height shall be 2-2.5 inches, with final determination to be made by the CR. D. Sports/Priority Turf The Sports and Priority fields to be considered for this section are listed in Appendix II.This list is dynamic and will have fields added and removed periodically. The scope of work for Sports and Priority Turf includes the following: 1. Contractor shall mow once per week, all year. a. This may require mowing athletic fields when the rest of the park is not being mowed. 2. Contractor shall vary the height of cut depending upon the season, grass type, and growing conditions. The specific cut will be determined seasonally by the CR, but shall not be altered once the height has been determined for the season. a. Mowing height for warm season turf shall be .5-1.5 inches,with the CR guiding cutting height depending on the machines used. 3. Sports/Priority Turf in this Contract shall be mowed using a power-driven fairway reel mower or fine cut rotary mower. The quality of the cut will be determined by the CR and changes may be required if minimum standards still need to be met. 4. The mowers shall be maintained and sharpened to provide a smooth, even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions. 5. Contractor shall perform alternate mowing patterns to prevent wheel ruts. If ruts are made, the Contractor shall make repairs at its sole expense. a. Repairs for deep ruts may include sod-cutting of damaged areas, leveling of subsurface soil, and replacement of sod. b. Field may be taken out of play due to rutting, and the deductions for lost time shall be subtracted from the monthly payment to the Contractor. 6. Sports Fields Overseeding shall be renovated-overseeded each year per the Sports Annual RFP 23-151 Landscape Maintenance Services Page 38 of 135 CITY OF SANTA ANA Schedule. The DR shall verify all seed quantities and types specified in the contract before any applications. The process for renovation-overseeding shall be as follows: 7. Renovation downtime schedules effectively take the Sports Turf area out of service for several weeks (the schedule to be determined by the CR for a duration of 10 weeks). The goal of this period is to restore worn and damaged turf. This renovation procedure includes core aerification, fertilization, seeding, and grade restoration. These procedures shall be included in the cost proposal. A typical renovation includes: 8. The contractor shall install a 6' high temporary construction fence with stands around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeded in accordance with the park map depicting the sport/priority turf areas. Perimeter fencing shall be placed at the direction of the CR to avoid sprinkler damage and provide 100 percent water coverage. See aerial maps of sports field locations. 9. Turf shall be mowed down to W-1/2 ", or determined by CR. All turf clippings shall be removed. 10. Turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). The contractor shall make two passes in different directions per the DRs direction. 11. Turf shall then be vertical using the Kubota L5060 tractor equipped with turf-type tires and the Trilo VCU 200 Verticut implement. Following verticutting all turf clippings shall be removed. 12. The contractor shall coordinate with the CR to confirm that all irrigation has been tested and restored to original design specifications before overseeding. 13. Immediately after overseeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. 14. Once the CR verifies the irrigation system is working efficiently, the Contractor shall overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 65 pounds per acre; and, b) Stover Seed Company's Pro Sportsfield Supreme in the spring/summer at a rate of 65 pounds per acre. The contractor shall overseed all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser. 15. Immediately after overseeding the Contractor shall apply W,minus STA-approved compost topper from R&S Soils to all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser. 16. Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize the germination of seed. Once the renovation process is complete, the Irrigation Consultant shall retake control of the irrigation programming. 17. Plugs/cores shall be removed, or broken up (drag mat, mower) and spread over the Turf area being treated, at the time of aeration, to the satisfaction of the CR. 18. Flags identifying irrigation shall be removed by Contractor immediately after aerification. 19. City-supplied signs indicating a field renovation is in progress shall be posted. 20. The contractor shall secure all the seed materials at the beginning of the season in RFP 23-151 Landscape Maintenance Services Page 39 of 135 (9) CITY OF SANTA ANA advance to avoid shortages or"out of stock" scenarios. E. Renovation Process Shall have the CR, unless approved otherwise, during the rennovation process: 1. Day 1 a. Irrigation audit, ensure coverage and adjust sprinklers heads to 1/2:" below grade. b. Aeration (the Kubota L5060 tractor equipped with turf-type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal)) 2. Day 2 a. Scalping and vertical cutting. b. Following verticutting all turf clippings shall be removed. 3. Day 3 a. Apply seed and drag-in to level surface, coordinate with CR to verify seed type and quanitites b. Immediately after over-seeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. c. Apply light topper dresser(apply '/4' minus STA-approved compost topper from R&S Soils) 4. Day 4 a. Coordinate with CR for the watering program 5. Day 5 - Completion a. Inspect daily and monitor germination. In the last two (2) weeks of the rennovation period, the mowing shall be done in intervals. RFP 23-151 Landscape Maintenance Services Page 40 of 135 SECTION IV EDGING & DETAILING A. General Specifications 1. All edging shall be performed with the use of a gas-powered blade edger or CR-approved substitute. Stick edgers shall not be used. 2. Chemical edging is allowed along edges such as trees, fence lines, curbs, etc., as directed by the CR. The contractor shall not use chemical edging in areas not authorized by the CR. 3. If chemical detailing is performed, the Contractor shall use a string trimmer to remove the treated vegetation within one (1) week after symptoms of phytotoxicity become recognizable. a. Plants (i.e. trees, shrubs, groundcovers, annuals) with noted phytotoxic damage from an herbicide edging treatment shall be removed within one (1) week of observation and replaced with like-sized plants. 4. The contractor shall detail turf no further than 12 inches away from all hard surfaces, including walls,fences, curb lines, roadways, pathways, and landscape surfaces(e.g.trees, shrubs, beds, etc.). a. Detail lines shall be made straight and shall be maintained straight. 5. The contractor shall supply, at Contractor's own expense, replacement plants to reduce any existing bare soil areas along walls and fences that are wider than 12 inches that have been caused by the Contractor's neglect. B. Edging/detailing shall be performed at the same time mowing occurs. 7. All edging/detailing shall be performed with the use of a McClain's edger or an approved substitute walk-behind or fixed blade stick edger. The contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. 8. The Contractor shall detail around trees, along walls/fences, and other amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform, the Park Services Inspector Supervisor shall direct the Contractor to repeat the detail process. Shovel-cut detailing shall be repeated as often as necessary to maintain crisp evenly round/straight lines. In the event that the circle becomes too great, the DR shall direct the Contractor to sod the area around the tree at the Contractor's expense to the size instructed by the Parks Services Inspector Supervisor. RFP 23-151 Landscape Maintenance Services Page 41 of 135 SECTION V GROUND COVER The City's goal is to encourage the proper care and growth of groundcovers, maintained within the confines of their growing areas, free of weeds and without a prevalence of bare spots or unhealthy plant material. Groundcover beds should create a natural, pleasing appearance in all areas. A. General Specifications 1. Groundcovers shall be pruned and maintained according to accepted industry practices and consistent with the intended use. 2. Groundcovers adjacent to hardscape such as sidewalks, walkways, playgrounds, sport courts and parking lots shall be edged weekly in one (1)operation with the turf edging. 3. In locations where turf is not present (i.e. parks, medians, empty lots), groundcovers shall be edged monthly, or as determined by the CR, to present a clean and neat appearance and to keep the plant material from impeding foot traffic. Care shall be taken not to expose bare soil. 4. Edged ground cover will not be allowed to develop a build-up with a sheared face along the sidewalk or curb edges. Groundcover height shall not exceed six (6) inches without a beveled edge (i.e. leaning edge even with sidewalk with lower edge angled inward). 5. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all ground cover beds. 6. Plant material damaged by Contractor-applied herbicides shall be replaced at Contractor's expense. 7. The use of pre-emergent is strongly recommended in areas with overhead irrigation. In some instances, weeds may be removed by mechanical means as approved by the CR. Pre-emergent herbicide cost shall be included in the cost proposal. 8. The contractor shall keep groundcover trimmed back 6-12 inches from all controller units, irrigation heads, valve boxes, quick couplers, up-lighting, or other appurtenances or fixtures. S. The contractor shall not allow groundcovers to grow up trees, into shrubs, or on structures or walls. The contractor shall keep groundcovers trimmed back approximately 6-12 inches from structures or walls. 10. Any paper or litter that accumulates in ground cover areas shall be picked up daily. 11. Mulch shall be applied to all planting areas two (2)times per year, once in the spring (Apr- ,tun), and again in the fall (Sep-Nov), 12. Bare soil areas in ground cover beds shall be replanted or mulched as required. The Contractor shall apply US Composting Council STA-tested approved mulch 3"- 4" minus by 2"thick. a. No bare soil areas are permitted in the ground cover areas.All bare soil areas shall be cultivated to 6" deep weekly while awaiting fresh mulch. 13.Ailing and/or stunted groundcover which fails to meet expected growth shall receive additional nutrient treatments to correct deficiencies or shall be replaced by Contractor at RFP 23-151 Landscape Maintenance Services Page 42 of 135 i i its expense. If groundcover failure is determined to be due to improper treatment and/or neglect by the Contractor, replacement shall be performed at Contractor's expense within five (5)working days. B. Mulching of Bare Areas 1. In all shrub areas where bare soil is visible, the Contractor shall apply US Composting Council STA tested and approved compost mulch W-4" minus by 2"thick minimum twice per year(third week of January and July) and as necessary to maintain uniform and complete coverage. Leaf litter and other organic materials other than mulch shall be removed continuously. a. All bare soil areas shall be cultivated to 6"deep on a weekly basis while awaiting fresh mulch. RFP 23-151 Landscape Maintenance Services Page 43 of 136 SECTION A SHRUBS The primary objective for maintaining shrubs and other plant material within the City's landscape is to create a natural, aesthetically pleasing appearance throughout all areas. Shrubs to include and not limited to cacti and succulents and other plant material shall be pruned only to allow new growth to develop within the confines of planters and beds and should have soft rounded edges in most applications.The use of powered equipment must be approved before use. A. General Specifications 1. Shrubs shall be pruned quarterly, or as required, for safety, removal of broken or diseased branches, general containment, and appearance. 2. Shrubs shall be pruned, as required, to ensure vehicular and pedestrian visibility and clearance. 3. All bare ground shrub areas, not inter-planted with ground cover, shall be cleaned a minimum of one (1) time per month. Cleaning shall be accomplished without removing significant amounts of any present mulch. 4. Plant material encroaching onto or from City property shall be trimmed back to the property line. At City's discretion, depending on circumstance, plants growing over fences and sidewalks from private property adjacent to contracted areas will also be trimmed back to the property line. 5. All gasoline-powered equipment used for pruning shrubs shall be approved by the CR. 6. Ailing, stunted, and/or dead shrubs, as a result of circumstances beyond the Contractor's control, shall require a proposal for replacement within five (5) working days and shall be restored within one (1)week of obtaining a signed proposal for Supplemental Work. 7. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients, at no additional cost to the City, within five (5)working days of discovery. 8. Shrub failure due to Contractor's neglect or improper treatment shall be replaced, at Contractor's sole expense, with like-kind and -sized plants, within five (5) working days. 9. The contractor shall prune shrubs according to accepted industry practices and consistent with the intended use, as well as to retain as much of the natural informal appearance as possible. Final standards will be the decision of the CR. a. For accepted industry practices, t he Contractor shall refer to the AHS Standards `Pruning and Training' manual, latest edition. b. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance. c. The contractor shall remove any spent blossoms or dead flower stalks as required for a neat, clean appearance. d. Shrubs and mounding shall not exceed two (2)feet in height within areas required for vehicular sight distance, depending on roadway topography. 10. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all shrub beds. The use of pre-emergent is strongly recommended and will be at Contractor's expense. In some instances, weeds may be removed by mechanical means as approved by the CR. 11. Any paper or litter that accumulates in shrub bed areas shall be picked up daily. RFP 23-151 Landscape Maintenance Services Page 44 of 136 12. Mulch shall be applied to all shrub/planter bed areas, including medians, two (2) times per year, once in the spring(Apr-Jun), and again in the fall(Sep-Nov). See mulch specifications Section V, Letter B, Mulching of bare areas. 13. "Box hedging" may be required on some shrubs, as designated by the CR. Shear hedging or severe pruning/trimming of plants, unless authorized by the CR, shall not be permitted. 14. Topping of plants whose natural growth stems from the base of the plant shall not be permitted. 15. The contractor may occasionally be requested to raise the bottom of the shrubs for security reasons. 16. All shrubs without ground cover shall be mulched. No bare ground areas shall be acceptable. RFP 23-151 Landscape Maintenance Services Page 45 of 135 SECTION VII VINES Vines shall be encouraged to grow and flourish by continually maintaining proper care in accordance with AHS Standards. A. General Specifications 1. Vines and espalier plants shall be checked and removed as needed to allow for proper growth. The contractor shall secure vines with appropriate ties to promote directional growth on supports. The contractor shall not use nails to secure vines on masonry walls. 2. Pruning of vines shall be in accordance with good horticultural practices, as defined by the AHS Standards `Pruning and Training' manual, latest edition. 3. Vines shall be pruned only to allow for new growth to develop and to control/direct plant size. 4. No more than 1/3rd of the vines should be pruned at any given time unless directed by the CR. 5. The contractor shall have deep water vines in pockets not provided with sprinklers, as required to promote optimum growth. 6. Weed control shall be applied monthly to control all emergent weeds. I n some instances,weeds may be removed by mechanical means as approved by the CR. a. The use of pre-emergent is strongly recommended to control broadleaf and grassy weeds. 7. Any paper or litter that accumulates in vines and surrounding areas shall be picked up daily. 8. Mulch shall be applied to all planting areas two (2) times per year, as necessary, once in the spring (Apr-Jun), and again in the fall (Sep-Nov). 9. Vines shall not be allowed to grow past the designated area. All areas explored by the vine outside of the planting area shall be removed at the Contractor's expense. Any structural damage done by excessive vine growth shall be restored within one (1) week at Contractor's expense. RFP 23-151 Landscape Maintenance Services Page 46 of 135 SECTION VIII TREES It is essential for the City to continue to develop and maintain an urban forest within its parks and backup areas. The contractor shall prune trees to comply with ISA standards and maintain their characteristic shape, density, and texture. The center of gravity, or location of the mass,per tree, is close to the center and close to the ground, enabling the trees to withstand strong winds. Thus, the Contractor shall not thin or "lace out" dense foliage, except for outside branches. The Contract will include a large number of newly planted trees and reforested areas. Tree pruning specifications for all trees over 15 feet are covered under a separate tree maintenance contract, except for the requirements to raise trees for clearance. A. General Specifications 1. The contractor shall raise all trees, as required, to allow twelve-foot (12') clearance within park boundaries and fifteen-foot(15') clearance above road surfaces for vehicular traffic. 2. All trees shall be pruned as required to remove broken, crowned, dead, hazardous, and infested portions for safety reasons. 3. The CR shall be informed immediately of any hazardous trees. 4. All pruning shall be done by the use of proper tools, per ISA Standards, and disinfected after each tree is pruned to prevent the spread of disease and pathogens from one tree to another. 5. Topping trees shall not be permitted. Any pruning shall be done by those experienced and skilled in pruning techniques. 6. All cuts shall be done using proper horticultural practices. Dressing wounds is not allowed. 7. Tree stakes,ties, and guys shall be checked and corrected or replaced as needed and removed when no longer needed. 8. Ties shall be adjusted to prevent girdling. 0. Under no circumstances shall stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote caliper-retained growth (tapered trunk). The contractor shall contact the CR with any questions or concerns. 10. Downed tree debris, of all sizes, shall be cut up and removed within 48 hours of discovery. The contractor shall be responsible for chipping and green waste disposal 11. Newly planted trees, either by the Contractor or the City, shall become the responsibility of the Contractor if they fall within the height specification. B. Trees Under 15 Feet 1. The contractor shall prune out branches extending beyond a tree's shape(foliage perimeter). 2. The contractor shall prune to control size and shape. 3. Cuts shall be inside the perimeter of foliage, almost flush with a parent branch, but not harming the collar area. No butts or stubs shall be permitted. Old stubs with an outgrowth of multiple shoots shall be removed. RFP 23-151 Landscape Maintenance services Page 47 of 135 4. The contractor shall prune off lower branches high enough for traffic clearance. 5. The contractor shall cut out dead, crossing, rubbing branches, and v-shaped crotches. 6. The contractor shall undercut branches over two (2) inches in diameter before final cut is made close to a scaffold (main) branch. Shredded, torn or ripped branches shall be re-cut cleanly. 7. An exposed wound, as where a branch was removed, shall remain exposed. The contractor shall not paint or apply any substance on wounds. 8. Trees close together shall be separated by the removal of intermingling branches. The exception is a large hedge or windbreak consisting of one (1) species. 9. All newly planted or young trees shall be double-staked by the Contractor and secured properly with CR-approved ties. a. The contractor shall use only City-approved staking materials. b. The contractor shall always remove nursery stakes on young trees and replace them with double staking when trunk strength allows_ c. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the CR. d. Tree stakes shall be set a consistent distance (minimum six[6) inches) away from the trunk of the tree to reduce abrasion, e. The tops of tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of the main or lateral branches of the tree. 10. A tree too heavy for support by stakes shall have equally-spaced guy wire ties to stakes and shall be inspected for possible removal. The wire shall be on a 45-degree angle with the tree trunk. a. Locations for the use of guy wires shall be determined by the CR. b. Ties shall always allow for tree movement between stakes and tree trunk. c. The contractor shall loosen or remove tree ties upon discovery that ties are too tight before ties girdle a branch or trunk. d. The contractor shall remove stakes or tensioned cables (guy wires)from a tree trunk that is immovable in wet soil. 11. Any tree stakes or ties that are broken, loose, or damaged shall be removed immediately. If the tree is less than one (1) year old or immature and requires continued support, new ties and stakes will be required. 12. Fertilizers, pre-approved by the CR, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar micronutrient applications. 13. All trees located in Casual, Sports/Priority Turf areas shall have 2" of STA approved X-4" compost mulch installed around the tree ring continuously. 14. The Contractor shall have an 1SA Certified Arborist On-call employee able to provide a risk assessment.The contractor will only charge,AEW,the arborist time to investigate and create a risk assessment. The arborist can be asked to meet with residents, the public, or elected officials to discuss tree conditions. RFP 23-151 Landscape Maintenance Services Page 48 of 135 SECTION IX LAKE MAINTENANCE A. General Specifications The lake water quality, algae, and aquatic weed control are maintained by a separate contractor. The Specifications for this Contract include the management of the trash, leaf, and branch debris, and habitat evaluation. 1. The following lakes are to be serviced as a part of this Contract: a. Centennial Park b. Thornton Park 2. Water, lake and stream bottoms, surrounding embankments, riprap areas, and sidewalks shall be inspected daily and kept free of litter and debris at all times. This shall include but is not limited to trash, litter, dead fish, fishing line, bird droppings and/or deceased waterfowl, and un-anchored plant debris. a. Skimming equipment capable of a 20-foot reach shall be required to remove the aforementioned items from the subject lakes. b. The contractor shall remove any dead wildlife immediately, and report to the CR. 3. Park equipment such as trash cans, decorative boulders, and park benches that are periodically placed in the water shall be immediately returned to their appropriate locations, and the CR shall be notified. 4. Excessive leaf drop and other debris which results in reduced stream flow or surface collection shall be removed weekly. RF'P 23-151 Landscape Malnlenance Services Page 49 of 135 SECTION X PEST CONTROL A. General Specifications Integrated Pest Management (IPM) principles govern the oversight and management of pest pressures. For this reason, biopesticides have been chosen as a primary control method whenever horticultural management criteria deem the anticipated result to be satisfactory. Combined with a sound IPM program, pest control through prevention, cultural practices, exclusion, natural enemies, and host resistance offers the safest, most effective means of producing high-level plant material. The City is concerned with the safety of wildlife and, therefore, the Contractor shall be expressly prohibited from using anything that may result in direct or secondary poisoning and harming of organisms. Contractor shall employ a certified pesticide applicator to implement the IPM specifications. 1. IPM, under this agreement, will apply to planters, tree rings, hardscapes, parking lots, sidewalks, sports courts, etc. Agricultural pest control services for casual, sports, and priority turf shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. 2. The contractor shall manage economic thresholds of plant pests including insects,diseases, weeds, and vertebrate damage, as defined in this section. 3. The contractor shall obtain any necessary permits to comply with City, County, State or Federal regulations or laws to perform such control. 4. By submitting a proposal, the Contractor assumes responsibility and liability for the use, storage, containment, and cleanup of all pest control management materials. 5. Any failure on Contractor's part to abide by City, County, State, and Federal laws or regulations, and the Specifications contained in this section, may result in a default of this Contract. 6. Fines levied against the City as a result of the Contractor's failure to abide by regulations shall be Contractor's responsibility to pay. 7. Contractor shall use all materials in strict accordance with the most current Federal EPA and Cal-DPR regulations, applicable sections of the California Food and Agricultural Code, Title 3, and regulations within the Healthy Schools Act (HSA). 8. The contractor shall maintain the appropriate licenses, and categories within the Licenses, including Pest Control Business License (PCB) and Qualified Applicator License (QAL- categories ABCF). 9. The contractor shall use specified pesticides only. B. Procedure This section shall serve as the primary guideline for pest control operations. Weeds represent the majority of work within this Contract. All applications shall be completed in a safe manner utilizing safety procedures outlined in Appendix A, Terms and Conditions. 1. The contractor shall submit a comprehensive treatment schedule to maintain all working intervals (daily, weekly, monthly, quarterly, and yearly). a. This schedule will be entered as work orders into the City database and closed out after the application has been deemed satisfactory, Completed work orders RFP 23-151 Landscape Maintenance Services Page 50 of 135 I shall be indicated by control of the specified pest, not completion of the application. 2. Restricted material applications, and HSA applications, require a notice of intent (NOI) posting to the County Agricultural Commissioner, as well as to the City. The contractor must have written confirmation back from the CR before the start of the application. This written confirmation requirement may be waived upon the completion of successive treatment cycles; notification of this nature will be made in writing to the Contractor via email. 3. The contractor or Contractor's representative shall scout the landscape material for harmful pests regularly and thoroughly. The contractor assumes the primary role in this responsibility. 4. The CR shall inspect all areas of the landscape when infestations of harmful or unwanted pests are located by Contractor and will submit a plan of action to the Contractor. a. A written recommendation shall be issued by the CR to indicate the plan of action when a pesticide is required to be used as a control method. 5. A copy of the monthly Pesticide Use Report (PUR) for all pesticides shall be filed with the County Agricultural Commissioner no later than the 10th of every month for the preceding month. a. A copy of the PUR shall be sent and received by the City at the same time the report is filed with the county. 6. Pesticides shall be applied at times that limit the possibility of contamination from climatic or other factors. a. Early morning application shall be used when possible to avoid contamination from drift. b. All applications shall be scheduled after checking the NOAA weather notification system for potential rainfall. All indications shall be for rain-free weather 48 hours post application. 7. Care shall be taken in transferring, mixing, and applying pesticides to prevent contaminating areas outside of the target area. a. Application methods shall be used to ensure that materials are confined to the target area. 8. Treatment includes the application of the pesticide, as well as the re-entry period following the application. The contractor shall be responsible for maintaining the treatment area throughout the re-entry interval. 9. Spray tanks containing leftover materials shall not be drained on-site. Dumping of tank contents is illegal. a. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code, EPAIDPR regulations, NPDES permit requirements, and all other applicable laws, rules, and regulations. 10. Irrigation water applied after treatment shall be reduced to eliminate runoff.When water is required to increase pesticide efficacy, it shall be applied in quantities each area is capable of receiving without a runoff. 11. Pruning is an effective prevention of an epidemic of insects and diseases(e.g, pine tree tip moth,juniper twig girdler, tree borers, fire blight). The contractor shall prune away infected RFP 23-151 Landscape Maintenance Services Page 51 of 135 parts and dispose of them off-site. The contractor shall sterilize pruning equipment before moving to the next plant. 12. Handling requirements may apply during transport to another location (e.g. bagging of tree limbs containing borers). 13. Snails shall be controlled regularly by Contractor before becoming an epidemic. Biopesticides containing iron phosphate or other molluscicides, shall be initiated by Contractor early in the infestation. All reasonable precautions shall be used by Contractor to minimize health risks to non-target organisms. The City will not tolerate epidemics of snails. 14. Cleanup of hazardous material releases, to the extent indicated by the governing agency, is the responsibility of Contractor. RFP 23-151 Landscape Maintenance Services Page 52 of 136 SECTION XI WEED CONTROL A. General Specifications A weed is defined as any plant growing in an area where it interferes with the intent and expectation of the landscape. The City expects all areas to have minimum weed populations due to the frequency of management intervals. 1. All weed control material shall be approved by CR prior to using. 2. All weeds shall be addressed, as indicated, in the frequency of management intervals. The Specifications, in general, indicate monthly weed control with a specified herbicide; however, if required to alter the existing intervals for certain areas for higher quality Holi cultural outcomes (e.g. parking lots, planters, sidewalks, etc.) 3. Weed heights of four (4) inches or greater are an indication of improper weed control treatment and/or intervals. Weedy areas will be brought to the attention of Contractor in order to gauge the reason for the deficiency. Remediation of the problem, if deemed a Contract deficiency, shall be within five (5)working days. 4. String trimming, in the absence of chemical treatment, may be used to control a weed population, but satisfactory weed control is measured by both results and the visual aesthetic of the planted area. 5. Manual weed control may be substituted for chemical weed control in some instances to maintain the proper interval (e.g. windy or rainy conditions which prevent chemical treatment). 6. Damage to plants caused by weed competition and herbicide application shall result in replacement plantings at Contractor's expense. B. Weed Control of Hard Surfaces Contractor shall apply an approved herbicide, in the prescribed interval, to remove and control weeds growing in cracks, expansion joints, patios, gutters (cement/asphalt interface), interior park roads, hardscapes, and other contiguous City landscape-hardsca pe interfaces, in order to maintain the landscape aesthetic. 1. Areas adjacent to paved surfaces shall have minimum margins of relief provided by chemical weed control. a. Systemic, non-selective weed control of adjacent roadside lawns shall not have in excess of twelve (12) inches of bare soil between the lawn and roadway edge. b. Overspray or excessively bare margins shall require replacement plants to be installed. C. Weed Abatement of Fallow or Undeveloped Lands Contractor shall periodically mow unwanted weeds in open space areas, wild areas, and undeveloped portions of City landscapes and vacant City lots. 1. Contractor shall perform weed abatement processes, which maintain the weed population below eight(8) inches, when required throughout the year, but not to exceed four(4) times annually. 2. Any additional frequencies or areas will be paid for as Additional Extra Work(AEW). RFP 23-151 Landscape Maintenance Services Page 53 of 136 3, Mowing these areas shall be accomplished with a flail mower or weed eater type unit and shall be preceded with an herbicide application to maintain a weed-free appearance. Spoils shall be left on top as a mulch at the end of mowing. 4. Additionally, areas shall be maintained monthly for trash and dumped items. RFP 23-151 Landscape Maintenance Services Page 54 of 135 SECTION XII LITTER& DEBRIS MANAGEMENT A. General Specifications Contractor shall provide general cleanup on a daily basis, unless otherwise specified, for the purpose of emptying trash cans and picking up papers,trash, discarded items or debris which may accumulate in the landscape areas; hardscapes within the site(sidewalks, pathways, parking lots, sports surfaces); those City sidewalks that lie directly adjacent to the park or transverse and dissect the median island, vacant lots or backup lots; and all curb and gutter lines that encircle these same sites. This list also includes all other adjacent hardscape elements deemed by the CR to be part of the inventory of the respective Contract landscape areas, lakes, playgrounds, parking lots, internal roadways, and all other park and open space areas. B. Schedule 1. All trash cans shall have full bags removed and replaced with a clean liner by 12:00 p.m. daily. 2. Replacing all plastic trash can liners shall be part of Contractor's routine cleaning process. 3. All litter and debris cleanup shall be performed between the hours of 6:00 a.m. — 12:00 p.m., Monday through Sunday, unless otherwise noted. a. Reserved picnic sites are a priority and shall be cleaned daily by 7:00 a.m., including weekends, holidays, and for special events. Pressure washing may be required as determined by the CR. 4. A route, or order of facilities, that Contractor will follow shall be submitted to the CR and updated as necessary. a. The CR shall be notified immediately if this schedule cannot be met on a particular day. 5. All parking lots and roads shall be swept, blown and/or vacuumed free of debris a minimum of once weekly. This does not replace daily trash and debris clean up. 6. Contractor shall remove all debris resulting from its operations daily and dispose of it off-site at the time of occurrence. a. All debris resulting from any of Contractor's operations shall be removed and disposed of at Contractor's sole expense. No debris shall remain at the end of the workday. 5. All walkways shall be kept clean/clear of debris and plant growth. Care shall be taken not to create unnecessary hazards to pedestrian, bike, or car traffic. 6. Contractor shall not blow grass cuttings/debris into public streets or gutters that have not been previously swept or vacuumed clean. a. Contractor shall remove debris generated adjacent to landscape areas (i.e. sidewalks, streets, gutters, medians). b. All second notice violations will be immediate deductions. 7. Should illegal dumping occur to any of the Contracted sites, immediate disposal shall be performed at no additional cost to the City. Any such dumping shall be reported immediately to CR. 8. Soil spoils on curb areas, including street medians and gopher soil disturbances, shall be cleaned weekly from all areas. RFP 23-151 Landscape Maintenance Services Page 65 of 135 C. Pressure Washing The contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation to perform the cleaning services as set forth herein. 1, Pressure Washing: Power washing with the use of hot high-pressure water sprayer (which shall include high pressure hot water washing) for the 140% removal of dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit. 2. Accumulated water remaining after the cleaning shall be removed completely so no puddling exists. 3. During regular cleaning operations, the contractor shall use high pressure, low-volume washers, and steam cleaner as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surfaces. 4. The nozzle pressure of equipment shall not be so great so as the dislodge tile/paver grout or cause damage to hardscape or surfaces. 5. All trash, debris, tar, freestanding oil, grease, liquids, "green waste, "food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substance, and contaminants shall be removed from hardscape and park amenities upon completion of power washing. 6. Contractor shall provide monthly pressure washing schedules. 7. The Contractor shall pressure wash each each designated area with the following recurrence: a. Weekly Basis i. Gazebos or Patio Structures ii. Benches, BBQ's, picnic tables, drinking fountains, other park amenities iii. Playgrounds, equipment and surface iv. Exercise Equipment and surfaces V. Restroom perimeter to include the exterior of the building and the hardscape with 25' radius a. Bi Weekly Basis i. Sports Courts (Tennis, basketball, volleyball, handball to include the court walls, etc.) ii. Trash Receptacles iii. Bleachers to include 25' radius around locations iv. Dugouts and benches V. Doggie Stations vi. Kiosk and Educational Signs RFP 23-151 Landscape Maintenance Services Page 56 of 136 SECTION All UNHOUSED AREA CLEAN UP & TASKS A. General Specifications 1. Contractor shall be responsible for cleaning miscellaneous trash items left by unhoused individuals during Contract hours. 2. Contractor shall remove and properly dispose of abandoned items(trash)daily. 3. Interaction with homeless maintenance contractor, CR, City officials and staff, and/or law enforcement personnel may be necessary as it pertains to securing and restoring the imprint. 4. Contractor shall report to the CR regarding interference in contractual execution (unable to mow, pick up trash, etc.) due to unhoused individuals, within 24 hours. 5. Contractor shall report any threatening individuals to the CR immediately. 6. All personal belongings shall be properly bagged and identified with a tape tag indicating location name, date and time of removal, and truck number. These bags shall be stored at a City location. RFP 23-151 Landscape Maintenance Services Page 57 of 135 SECTION XIV DRAINAGE APERTURES A. General Specifications 1. Contractor shall inspect surface drains (i.e. catch basins, flow structures) located within the landscaped areas daily. 2. Surface drains, including catch basins where applicable, shall be maintained free of obstruction and debris at all times to ensure proper drainage. 3. Contractor shall remove any debris or vegetation that might accumulate to prevent proper flow of water. 4. During periods of inclement weather, Contractor shall take extra care to ensure all drains and drainage areas are kept clear of debris and that water is draining properly. 5. All costs incurred by the City to repaired damage due to improper drain cleaning will be recovered from Contractor. RFP 23-151 Landscape Maintenance Services Page 58 of 135 SECTION XV PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 1. Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, groundcover or flowers. 2. Work shall be considered as AEW unless otherwise specified. Exceptions are replacements due to Contractor's negligence, as determined by the CR. 3. Contractor shall replace all damaged plant material due to Contractor's negligence within five(5)working days. RFP 23-151 Landscape Maintenance Services Page 59 of 135 SECTION XVI GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 1. Plant Health Care (PHC): The Plant Health Care approach to managing trees and shrubs recognizes that, in most cases, plant health problems are the result of many factors, not just a single agent. PHC takes a holistic approach when making management decisions that focuses on plants and their interactions with the living and nonliving elements of the landscape. 2. PHC attempts to prevent problems before they start. Managing plants health involves proper planning, plant selection and a wide range of cultural practices aimed at improving site and soil conditions.When combined with careful monitoring to identify pests in the initial stages these practices greatly reduce dependence on pesticides. 3. All new plant material and irrigation installations shall be guaranteed for a period of one(1) calendar year, unless damage or death of plant material is due to wind,storm,vandalism, riots, war, fire, flood, earthquakes or other events over which the Contractor has no control. 4. Existing plants shall be replaced by Contractor if it is determined by the CR that they were damaged or destroyed due to Contractor's negligence. i i RFP 23-151 Landscape Maintenance services Page 60 of 135 SECTION XVII REPORTS AND SCHEDULES A. General Specifications Contractor shall submit reports and schedules as requested and as outlined below and in Appendix A and Appendix B. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a deduction. All reports and schedules shall be either provided by, or in a format approved by the City. B. Reports 1. The following are required reports and frequency of delivery by email and followed up by phone call to CR: a. Personnel staffing by area, total employees,total hours—as submitted to DIR b. Pesticide application reports—daily, including NOI c. Pesticide Use Reports—monthly d. Incident and Accident Reports—immediately e. Hazard Reports— immediately f. Refuse—shall be kept on file by Contractor and correlated with an invoice g. Fertilizer application (if applicable) —daily, by site, amount, date, material h. Water truck (if applicable)—gallons per week i. Irrigation system malfunction (central control) or shut down—monthly j. Vandalism—weekly, by site k. Homeless encampments—weekly I. Sports field renovation schedule—will be provided by CR. m.Lake problems or challenges—immediately n. Damage to appurtenances—immediately o. Plant replacement, by area—immediately p. Emergency call out log —monthly q. Consumable goods log--monthly r. Irrigation audits—monthly s. Hardscape cleaning—monthly t. Pest control advisor recommendations -- as required by California Code of Regulation u. Safety inspection log for Contractor's yard, equipment, performance - monthly v. Additional Extra Work—weekly, as requested w.Vacant lots log contract completion—quarterly x. Tot lot rototilling — monthly y. DG pathways repair/maintenance—monthly z. Bike trails/Asphalt Cement walkways—monthly RFP 23-151 Landscape Maintenance Services Page 61 of 136 aa. Pressure washing amenities and playgrounds-- monthly 2. Additional reports may be occasionally required to assist the City. These reports shall be detailed, thorough and may include, but not be limited to, the following: bb. Suggestions for improving problem areas; cc. Proposal needed prior to performing any Supplemental Work; and dd. Large scale projects. C. Schedules 1. Monthly Maintenance Schedule Contractor shall provide a maintenance schedule to the City in calendar format within thirty (30)days of the start of the Contract. Schedules shall show the day of the week the operation is to be performed, or the order of rotation areas will be serviced, such as for debris pickup or pruning operations. These schedules will be entered into the work order system and Contractor performance will be evaluated based on this rotation. 2. Required schedules and frequencies of delivery are: a. Mowing services for each park site—weekly b. Shrub trimming (backup lot, medians, parks, MOU)—quarterly c. Irrigation audit—quarterly d. Irrigation evaluation of athletic fields—weekly e. Divottlow spot filling of sports/priority fields—weekly f. Tree raising —weekly, as needed g. Coal bin cleaning —weekly h. Sand lot rototilling —bi-weekly i. Weed abatement(spray followed one [1]week later by string trim)—quarterly J. Weed abatement(vacant lottwild lot) —quarterly k. Other weed abatement—monthly I. Cleaning of parking lots and park roads—weekly m. Mulching —bi-annually n. Sport court cleaning —weekly o. Groundcover trimming—monthly p. DG surface repair—monthly q. Bike trail chemical edging—monthly r. Special projects and locations—as requested s. Supplemental and locations—as requested t. Irrigation programs—weekly u. Additional Extra Work—as needed v. Lake cleaning—weekly w. Lake debris—daily RFP 23-151 Landscape Maintenance Services Page 62 of 135 x. Other items as requested by the CR—as needed 3. Any other activities that Contractor performs on a regular or semi-regular basis and as determined or requested by the City will require a schedule to be submitted. 4. Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR for review, and if appropriate, approval, within five (5) working days prior to scheduled time for the work. Notification of change in scheduled work due to circumstances beyond the control of Contractor must be received by the City at least 12 hours prior to the scheduled time for work to begin. 5. All schedules shall be of a format either supplied or approved by the City. $. Contractor shall adjust work schedules within the same week to accommodate all City- observed holidays, during inclement weather, under emergency notification, and for periods of excessive rainfall. RFP 23-151 landscape Maintenance Services Page 63 of 136 CITY OF SANTA ANA SECTION XVIII IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 1. Written reports of any repairs or modifications to the irrigation system shall be turned monthly to DR. Failure to do so may delay payment of invoices. 2. Examples of other written reports Contractor shall provide are: a. Monthly irrigation system audit sheet b. Irrigation zone narratives, shall keep a plot plan at the controllers (when applicable) c. Irrigation material purchase request (if applicable) d. Create and maintain an inventory log of irrigation equiptment components throughout the city, by District. B. Irrigation Schedules 3. Contractor shall provide an Irrigation Controller Program Log for each manual controller by area within thirty(30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the Irrigation Controller Program Log. 4. Contractor shall provide to the City a schedule of all manually-watered areas, including those where use of a vehicle is required, within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the schedule. RFP 23-151 Landscape Maintenance Services Page 64 of 135 SECTION XIX CIVIC CENTER A. General Specifications 1. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed. Downtown Civic Center Grounds and Landscape — The Downtown Civic Center Area is the home of federal, state, county, and city government for Orange County. The classification of maintenance required at this site is considered "high-end commercial." 2. All pedestrian hardscape areas, including but not limited to plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc., shall be blown and/or swept clean daily; Monday - Friday. The Contractor is not responsible for blowing parking lots, only for litter removal. Contractor is not responsible for pressure washing. 3. All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear. 4. All trash receptacles shall be emptied daily, seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. Lids shall be completely wiped clean with a germicidal cleanser and polished continuously as stains appear. 5. All cigarette urns shall be sifted daily Monday,Wednesday, and Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 6. All drinking fountains shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Monday, Wednesday, and Friday of each week. 7. All trees below 15' shall be pruned four (4) time per year (first week in January, April, July, and October) using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. 8. All shrubs requiring hedging shall be trimmed every two weeks. 9. Replace all 52 state flags in the Plaza of the Flags the first week of January and July of each year. Flags to be provided by City. 10.All turf in the Civic Center area is considered priority turf. 11.Perennial/Annual Color: All perennial/annual color beds shall be maintained and planted/rotated three(3)times per year(first week of January, May, and September) as detailed in Attachment 5. 12.Fertilization: Cyad and Palms shall be fertilized two (2) times per year (first week in March and September) per the City's agronomic plan. 13.The Contractor shall be required to clean trash and large debris in parking lots in the Civic Center. The work shall be performed in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot. 14.AI1 signage, drinking fountains, concrete pads, trash receptacles, site furniture, bollards, concrete or asphalt areas with stains around trash receptacles, security RFP 23-151 Landscape Maintenance Services Page 65 of 135 lights, park benches, walls, and the pavement beneath them and other Civic Center amenities shall be cleaned daily. 15.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. 16.After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all Civic Center areas within twenty-four hours (24 hrs.) at no additional cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 17.Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 18.The Plaza of the Flags shall have flags displayed at all times. The Contractor shall visually inspect the flags every day to assure they are in good condition. Should, in the opinion of the DR, any flag is not in good condition (faded, discolored, torn and/or having holes) the Contractor shall immediately request a new flag from the DR. Contractor shall raise the new flag immediately upon receipt from the DR. The Contractor shall replace all flags twice a year (January, July) with flags provided by the City. 19.Japanese Garden Pagoda shall be cleaned daily. B. Annual Color Planting and Maintenance Specification at Civic Center 1. 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 depth of 8" of the top soil. 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. 2. 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). 3. 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: a. Spring/Summer—April through October 1 RFP 23-161 Landscape Maintenance Services Page 66 of 135 Alyssum, Lobelia, Salvia, Marigold, Glorlosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias b. FaIINVinter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus C. Vandalism 1. 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. 2. 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. D. Quality of Life Team (QOLT) (Civic Center) 1. Homeless and Transient Encampent Clean Up a. Contractor shall remove transient/homeless encampments that may include, but is not limited to tents,soiled clothing, blankets, human feces, hypodermic needles, and items listed above. Clean up multiple encampment sites shall be scheduled or on an on-call basis. b. Work will consist of surveying sites, collecting debris, dismantling temporary structures, removing trash, and disposing of all debris at a local facility specified by the City. Jobsites can be in heavy foliage, embankments,train tracks, creeks and other areas requiring alertness to the environment and pre-planning to prevent injury or illness. C. Contractor shall remove unwanted natural or environmental materials including, but not be limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar. 2. Removal and disposal of debris/rubbish, including: a. Trees, cut brush, dead trees, tree limbs, and similar materials, b. Furniture, mattresses, appliances, scrap metals,junk, automobile parts or machinery, tires, televisions and other electronic devices, c. Structure demolition, including wood frame, concrete, asphalt, bricks or other construction debris, d. Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter, e. Hand sweeping (or blowing) of streets, alleys, sidewalks and similar areas. 3. Contractor may be required to occasionally perform confined space clean-up for entry into designated areas. RFP 23-151 Landscape Maintenance Services Page 67 of 135 I 4. Contractor may be assigned to work alongside Santa Ana Police Department and Social Services/Outreach Support Workers when clearing transient/homeless encampments. 5. Immediately contact the City of Santa Ana Police Department in the event that weapons are found. Under most, circumstances, the City's Police Department will have confiscated weapons and illegal contraband prior to the arrival of the Contractor. 6. Contractor may be required to post City provided "Notice to Clean or Remove Property" signs at the work site prior to the commencement of each removal project as established in the work-scope and as directed by City representative. Depending on circumstances, this posting may occur 24-hours from the date of the clean up or as determined by the Projects Manager. Contractor shall photograph posted notices to document time and location of posting as instructed by Projects Manager and City. 7. Contractor may be required to bag and identify personal property left behind at clean-up sites and transport them to a place designated by the Projects Manager or City. Guidelines for property identification will be provided by the City. Such items include but are not limited to items in good repair such as organized backpacks, clean and clearly identified medication, eye glasses in good condition, wallets, handbags, jewelry, operating watches, non-soiled duffel bags, and non-soiled and organized bedrolls. 8. General: a. Furnish all labor,equipment, materials and supplies(including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on City streets, alleys, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance. b. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract. 9. Staffing: a. Mobil Unit: Two (2)full-time employees from Monday—Friday from 7 am- 4 pm to collect, bag, and tag lost and abandoned property with the QOLT team. b. They required a full-size vehicle with an electric dump trailer, or equivalent, to assist with homeless refuse pickup. c. City Yard Storage: One (1)full-time employee from Monday-Friday from 7:30-4:30 managing the storage facility center located at the City Yard. d. No vehicle is required. e. Staff should be trainable by City Staff and SAPD for homeless property pick up and storage. i RFP 23-151 Landscape Maintenance Services Page 68 of 135 SECTION XX LAWN BOWLING A. General Specification, Lawn Bowling Mowing, irrigation, and fertilizing are the primary turfgrass practices needed to sustain a turf surface of acceptable quality on a bowling green. Mowing, irrigation, and fertilizing are interrelated to such a degree that a reduction in leaf area by reducing the mowing height or using the vertical mowers too aggressively would require an adjustment in the frequency and intensity of fertilizing and irrigation. Throughout the growing season, the turfgrass grows both vertically and horizontally. When the turfgrass grows, it gets longer, and the matt gets thicker. Correct mowing of the lawn bowls green maintains the smooth and consistent rolling of the bowls, and the grass shall not get longer and thicker to maintain an ideal playing surface. 1. Equipment required for The Santiago Park Lawn Bowling Greens are required: a. Scott Bonner 30" Queen Mower 16-blade reef mower with a Honda 5.5 hp gas engine, OR EQUAL b. Groomer OJLBC-20002-08, OR EQUAL c. Sand Spreader OJLBC-2005-07, OR EQUAL d. GROUNDSMAN AERATOR OJLBC-1998-05Model 460, OR EQUAL B. Mowing 1. Bowling at the Santiago Park greens must be done in a north-south direction. Mowing should be done at a 45-degree angle to the roll of the bowl. Therefore, the mowing directions at the green should be northwest to southeast or northeast to southwest. Contractor must perform mowing as follows: a. These directions should be rotated each time mowing is done. b. During the months of April through November, mow two (2) times per week; set mower height to 1/8". c. During the months of October through March, mow once per week; set mower height to '/". d. Overlap each pass of the mower by 50%. e. The Scott Bonner blade is sharpened at a 90-degree angle, enabling the blade to be removed and reversed. When both sides of the reel are dull, the blade is removed and back lapped. 2. DethatchingNerticutting : a. Contractor must remove thatch material to allow proper water and nutrient permeability. Thatch is a buildup of dead and decaying herbaceous material at or slightly below the ground level. If thatch remains, the turf builds up unevenly and is more susceptible to fungus infections. The thatch slows the roll of the bowl and can alter the course of the roll. b. Contractor must remove thatch during the months of April through November Verticut, dethatch, and level green twice a week. Set cutting blades' height to % inch in depth. RFP 23-151 Landscape Maintenance Services Page 69 of 136 3. Grooming: a. Contractor must perform grooming services during the months of April through November every year. b. Contractor must groom grass twice a week as described on page 6 of greens maintenance manual. Schedule work for Tuesdays and Thursdays. Set the cutting blades depth to 1116 inch. 4. Aeration: a. Contractor must perform aeration during the month of March every year. b. Conractor must plug with '/-inch diameter 6-inch long hollow tines. Remove debris from the greens after plugging. Backfill the empty holes with pure washed sand sieve#60, approximately 7 tons. c. After aeration, coordinate fertilization with the IPM contractor(separate contractor) and immediately finish by watering. RFP 23-161 Landscape Maintenance services Page 70 of 136 SECTION XXI CENTENNIAL PARK A. Centennial Park: The Contractor shall clean and maintain the following areas of Centennial Park: 1. The parking lot south of Rancho Santiago College is a part of the agreement site. 2. The unimproved planting area east of Rancho Santiago College is a part of the agreement site. 3. The irrigated area outside of Dan Young Soccer Complex to the west is a part of the agreement site. 4. The Contractor shall pressure wash off daily from pedestrian hardscape areas bird droppings. SECTION XXII VACANT LOTS A. Vacant Lots The Contractor shall perform daily blowing off, trash and debris removal, including managing weeds. 1. 1 Qth and Flower 2. 1'and Mountain View 3. Bristol and Tolliver 4. Bristol and Myrtle RFP 23-151 Landscape Maintenance Services Page 71 of 135 SECTION XXIII SANTA ANA STADIUM A. Santa Ana Stadium The historic Santa Ana Stadium is a premier youth football and soccer venue. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed: 1. All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, and sidewalks, shall be blown and/or swept clean daily, seven (7) days per week. 2_ All parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean once per week, on Thursdays. Trash shall be picked daily. 3. All site amenities, including but not limited to, signage, player benches, hand railing, public telephones, etc., shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Friday of each week. 4. All grandstand bleachers shall be inspected continuously and wiped clean as stains and dirt appear. 5. All turf in the Stadium area is considered priority turf. 6. All surfaces within the Stadium (including tunnels, bleacher areas, all walkways, seats) shall be high pressure washed quarterly (the third Monday of July, October, January, and April) to remove stains, gum, candy, dirt, etc. See pressure washing scope. 7. The contractor shall be able to provide additional staff for special events, before and after, at the stadium to handle the additional trash and debris.These special event services shall be billed per event. RFP 23-151 Landscape Maintenance Services Page 72 of 135 SECTION XXIV SANTA ANA ZOO A. Santa Ana zoo(Zoo) The Santa Ana Zoo was established in 1952 and is a 20 acre zoological park and botanical garden. Due to the sensitivity of the animals at the zoo and unique plantings, there are some variances from the standard Grounds-Landscape Specification. The following special maintenance shall be performed for the Zoo site only. 1. The Contractor shall use electric-powered equipment in the course of providing service at the Zoo. Gas powered equipment is not allowed unless approval is granted by the CR, 2. All turf at the Zoo is considered casual turf. Casual turf at the Zoo shall be mowed using a Mean Green Mowers EVO or equivalent commercial electric mower as approved by the CR. 3. The interior courtyard adjacent to the cafe and playground sees the highest use levels of all turf areas at the facility. This location should be overseeded and renovated as needed throughout the year to maintain consistent turf quality, aesthetics, and provide the highest amount of usability for visitors. This should be coordinated with the CR for the Zoo. 4. Tree Edging No-Mow Turf-Trees maintained with natural no-mow lawns (i.e. Carex sp.) shall not have shovel cuts around trees. 5. All mulch at the Zoo shall be 2" minus composted mulch applied to a 2" thickness unless approved by the CR. Mulch shall not cover root flare of trees and the base of shrubs leading to plant health issues. 6. To lessen the impact on daily Zoo operations and provide the best well-being for the animals, tree pruning specifications include trees up to 30' height with DBH less than 18". This is restricted to the interior of the Zoo and immediately adjacent to animal habitats. This specification allows for ornamental pruning of small and moderate sized trees to occur throughout the year along with routine landscape maintenance services. This has the effect of spreading out the burden on the facility and drastically reduces the amount of time areas need to be closed off to the public. Large trees and trees outside the public areas are not included. Please see attached diagram for a map. 7. An ISA TRAQ Certified Hazardous Tree Professional shall evaluate all Zoo trees and provide a written report using the Arbor Access Tree Management Software program (or an approved equal) one time only within six months of the start of the contract. 8. Tree Establishment — "Treegator" Slow Release Watering Bags or similar shall be provided for newly planted trees as determined by the CR, Gator Bags shall be filled weekly for the first two growing seasons. 9. California Natives and Drought Tolerant Shrubs-Selectively prune and trim all native plants during appropriate seasons to ensure pedestrian paths, walkways and sidewalks are not impeded or as necessary based on best horticultural practices. (i.e. Romneya coulteri pruned to 6" in late summer or fall, Salvia Cleveland# pruned in fall, Zauschenria sp. established plants cut back hard in winter after flowering. 10. Bamboo - Dead, old, small, leaning or misshapen culms shall be removed annually. Cuts shall be made as close to the ground as possible and straight across so there RrP 23-151 Landscape Maintenance Services Page 73 of 135 are no dangerous, sharp points sticking out of the ground. Care shall be taken to avoid damaging newly emerging culms. The CR will provide additional direction on which clumps may be topped to increase the screening effect or "legged-up" for aesthetics. Giant timber bamboo shall be maintained with a minimum of 12"distance from building foundations. 11. Epiphytic Specimen Plants - Epiphytic plants (Platycerium sp., Bromeliads, Anthurium sp., Tillandsia sp., Laelia sp., etc.) require special attention and may not have dedicated irrigation systems. These specimen plants shall be hand-watered at varying intervals depending on the time of the year based on horticultural requirements. Platycerium shall be fully drenched including the fronds. 12. Ornamental Grasses - All Cortaaleria selloana (pampas grass) specimens smaller than four feet in diameter shall be removed immediately and disposed to control invasiveness. Warm-season grasses shall be cut to the ground in fall or winter consistent with best horticultural practices. Ornamental grasses shall be cut within 6"with a flat top and not mounded. Large clumps(5+seasons) only exhibiting growth around the edges of the clump shall be dug up, divided, and replanted. Thysanolaena maxima specimens shall be minimally pruned to maintain form and tidiness. 13. Animal Enclosures&Animal and Human Safety- The Contractor's workers must not enter animal enclosures without prior approval from the Zoo Manager or their representative. Workers must not touch or feed any of the Zoo's animals. In the event of an escaped dangerous animal, the workers will be asked to stop work immediately and evacuate the zoo. Annually, the Contractor shall provide their employees working in and around animal exhibits with basic training on zoonotic disease prevention and common-sense sanitary measures. The Contractor shall meet with the Zoo Director or their representative for relevant information before commencing work. 14. Gutter Maintenance-The Contractor shall pay attention to clearance of gutters within the Children's Zoo area to prevent blockage and the growth of weeds. 15.Zoo Closure Days-The Zoo is closed to the public on Thanksgiving Day, Christmas Day (December 25), and New Year's Day (January 1). The Zoo is open all other holidays. The Zoo may be closed to the public during severe inclement weather. Closure days are subject to change by the CR. 16. Rock Mulch Groundcover- Cactus and succulent beds are to be mulched with Dos Rios Pebbles 3/8" by Southwest Boulder and Stone or equivalent type to match existing as approved by DR. Pebble mulch shall be maintained at a 1" depth and kept off adjacent walkways. 17. General Maintenance, Daily Maintenance - All trash and debris (branches, glass, metal, paper, etc.) on the ground or in trash receptacles shall be removed from all worksites, landscaped and paved areas each day Monday through Sunday before 10:00 a.m., when the Zoo opens to the public. All organic debris (twigs, leaves, fruit, sand, gravel, rock, wood chips) on the pathways shall be removed from paved areas each Monday and Friday before 10:00 a.m., when the Zoo opens to the public. DG pathways shall be maintained through limited blowing and raking to reduce particulate pollution and dust in animal habitats. 18. Washing Landscape Material-To maintain plant health and aesthetics, plant material shall be washed down on a regular basis to remove any accumulated dust and cobwebs. RFP 23-151 Landscape Maintenance Services Page 74 of 136 19. Inspection of Perimeter Fence—Daily, the Contractor shall inspect the integrity of the chain link perimeter fence for breaches and advise the Zoo Director or CR of issues. 20. Trimming and Weed Removal within Exhibits— a. Quarterly, the Contractor shall blow-off leaf litter accumulating on animal exhibit roofs, netting, cages, etc. including, but not limited to, Colors of the Amazon Bird Aviary. b. Monthly, the Contractor shall inspect plant material in the animal exhibits for damage to the netting and trim plants pushing through animal exhibit roofs, netting, cages, etc. to prevent damage. c. Contractor shall perform weed removal in the Anteater and Amazon's Edge exhibits. 21. Pressure Washing-The Contractor shall perform weekly and as necessary pressure washing of paved areas, site furniture, drinking fountains, etc. in the caf6 eating area. 22. Resetting Seating—The Contractor shall, Monday through Sunday, before 10:00 am each morning, reset all tables and chairs in the Zoo. 23. Blowing-Off Exhibits — The Contractor shall blow-off/clean animal exhibit roofs, netting, cages, etc. on a routine basis. Prior to performance, the Contractor shall coordinate with the CR. 24. Storm Drain Maintenance — The Contractor shall continuously maintain the Zoo's stormlarea drains, including the filter fiber by keeping them clean and free of debris. The Contractor shall change the storm/area drains filter fiber,which shall be provided by the Zoo, as necessary. 25. Weekly Meeting --The contractor shall plan to have a standing weekly meeting with the CR and involve the IPM representative in the meeting. 26. All IPM and Agricultural pest control services at the Zoo only shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. RFP 23-151 Landscape Maintenance Services Page 75 of 135 APPENDIX TERMINOLOGY A. Interpretation 1 Terminology The following terms are for convenience and reference only and are not intended to define or limit the scope of any provision hereof. The following words shall be construed to have the following meanings, unless otherwise apparent from the context in which they are used: 1. As Needed: To maintain the grounds in a clean appearance as determined by the City. The intent is to permit the City to receive services beyond the scheduled frequencies on an occasional basis. Should a service be needed on a consistent basis the City shall amend the Contractwith Contractor subject to approval by the City Council. 2. Additional Cleaning (or Operation): The completion of all maintenance tasks, in whole or in part, to ensure that the specified conditions resulting from the "Initial Cleaning" or"Initial Operation" sustained or retained. 3. Appurtenances: Objects or features, which are component parts of the areas to be maintained, Appurtenances include, but are not limited to: seat walls, bollards, valve boxes, bike racks, fences, walls, monument pedestals, decorative features, benches, picnic tables, light standards/flag poles, handrails, electrical panels and transformer enclosures, and signage. 4. Sport/Priority Turf: Grass surfaces are maintained for the goal of primarily providing a smooth, safe playing surface for sports. 5. Automated Irrigation System: Valves, sprinklers, etc., that are operated using a controller which functions electrically, hydraulically, or thermally. 6. Biopesticide: Certain types of pesticides are derived from such natural materials as animals, plants, bacteria, and certain minerals. 7. BMP: Best Management Practices are identified by individual industry and must be incorporated into the operational management of the Contract. 8. Centrally Operated Irrigation System: Sprinklers, valves, etc., are turned on remotely from centralized software. 9. Confined Area: An area of turf bordered on three (3) or more sides by shrub beds, planters, hardscapes, walls, fences, play areas, decomposed granite areas, or other like borders. 10. Contiguous Hardscape: Hardscape medians that are on the same street as the landscaped medians and continue through to the next major intersection. 11. CR: City Representative. 12. EIC: Employee in Charge. 13. Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate assistance or relief. 14. AEW:Authorized Extra Work not in the contract to be approved by CR before starting or completing. AEW's will state the hourly rate of each laborer and trade to make the repairs, sample sheet attached. However, in case of a callback for workmanship failures approved through the AEW, the city will deduct a similar rate to make the corrections via a failure to perform (FTP). 15. ET: Evapotranspiration, or the water lost from a plant system due to evaporation from soil or transpiration of water through the plant. 16. Casual Turf: All grass locations which are primarily used for leisure activities and not used for sports. Not sports or priority 17. Green Waste: Any waste from vegetation, including but not limited to: tree trimmings, grass cuttings, dead plants, leaves, branches, wood and dead trees, and similar materials naturally occurring within the subject areas, or generated as a result of services provided by Contractor. "Clean Green Waste"shall not contain more than 10% contaminants. 18. Hardscape(or Hardscapes, Hardscape Areas): Sidewalks,walkways, patios, quads, game courts, bike paths, paved areas, and like surfaces, 19. Hazard: Anything likely to cause a person or animal harm. 20. Homeless imprint: An area defined by belongings, including personal items such as tents, carts, tarps, blankets, furniture, and food, which appears to be a settled area. 21. Initial Cleaning (or Operation): The first cleaning or first maintenance operation of several scheduled for a given day. 22. Interior Roads: Roads that are contained within the boundaries of a given area. 23. Litter: All paper, plastic, cans, bottles, or other material discarded in or on any location within the Contract area other than in a trash container provided for that purpose. 24. Non-emergency: An unplanned service requirement that needs additional attention in a prescribed period. 25. Pesticide: Products that prevent,destroy,repel,or mitigate a pest,orwhich are plant regulators, defoliants, desiccants, or nitrogen stabilizers. A registered chemical is identified using an EPA and/or Cal Registration Number, or both, 26. Recyclable Material: Plastic, glass, or aluminum materials have economic value when separated from trash. 27. Repair or Replace: Equipment or property shall be repaired or replaced as determined by the City with like kind and quality. The intent is to maintain the equipment or property in good condition and consistent with the current model brand or manufacturer. 28. ROC: Rail Operations Center. 29. ROW: Right-of-way. 30. SDS: Safety Data Sheet 31. Spot Cleaning: The cleaning of only those portions of a floor, walkway, wall, fixture, table, furnishing, handrail, bench, or other surface(s)which are soiled (dirty, stained, marked, smudged, etc.), where the entire surface may not be sufficiently soiled to warrant cleaning the entire surface. The contractor shall interpret the term"spot cleaning"to include the complete cleaning/washing of any surface which does not or would not, have a clean, uniform appearance after the cleaning of only portions of that surface. 32. Street Sidewalks (or External Sidewalks): Sidewalks or paved walkways that parallel streets, and which may exist on the perimeter of or adjacent to the areas to be maintained. 33. Trash: All litter, garbage, refuse, rubbish, dead fish and birds, human or animal feces and other materials and substances discarded or rejected as being spent, useless, worthless, or waste. 34. Pressure Washing: Power washing with the use of high-pressure hot water spray to remove dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit. 35. Failure to Perform (FTP): Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected orthe cost to have an outside contractor perform the service. 36. Compost: The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). The eligibility requirements for meeting the Annual Recovered Organic Waste Product Procurement Target require that the Compost must either be i) produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7; or ii) produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State's composting operations regulatory requirements. 37. Direct Service Provider: A person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). 38. Recovered Organic Waste Products: Products made from California, landfill- diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. 39. SB 1383: Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 40. SB 1383 Eligible Mulch: Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7, and which meets the conditions as specified by 14 CCR Section 18993.1(f)(4) for the duration of the applicable procurement compliance year. FOR PROPOSERS' REFERENCE ONLY I APPENDIX II ADDITIONAL TERMS AND CONDITIONS TABLE OF CONTENTS SECTION 1. CONTRACT REQUIREMENTS 1.1 Independent Contractor 1.2 Contract Transition 1.2.1 Transition In 1.2.2 Transition Out 1.3 Hours and Days of Maintenance Services 1.3.1 Scheduling of Operations 1.3.2 Service Schedules 1.4 Non-Interference 1.5 Consumable Materials and Supplies—Contractor-Supplied 1.6 Consumable Materials and Supplies—City-Supplied 2. RESPONSIBILITIES OF THE CONTRACTOR 2.1 Inquiries and Complaints 2.2 Safety 2.3 Vehicles and Equipment 2.4 Locks and Keys 2.5 Service Yard and Storage Area(s) 2.6 Utilities 2.7 Traffic Control 2.8 Bloodborne Pathogens and Biohazardous Material 2.9 Accident Reporting and Site Securing 2.10 Vandalism 2.11 Cooperation I Collateral Work 2.12 Protection of Existing Facilities and Structures 2.13 Protection of Property During Inclement Weather (Emergency Response) 2.14 Emergency Numbers and Emergency Call-Outs 2.15 Contractor's Staff 2.16 Work and Workmanship 2.17 Supervision and Special Skills 2.18 Management and Enforcement 2.19 Contact with Minors 3. EXECUTION OF WORK 3A Subcontracting 3.2 Contractor Hiring 3.3 Notice Requirements 3A Default by Contractor/Termination 3.5 Temporary Suspension of Work 3.6 Damage Caused by Contractor 3.7 Non-Emergency Call-Outs 3.8 Work Not Included 3,9 Signs / Improvements 4. ENVIRONMENTAL REQUIREMENTS 4.1 Environmental Requirements 4.2 Refuse Disposal 4.3 Hazardous Materials 4.4 Sound / Noise Control Requirements 5. CHANGES TO THE CONTRACT 5.1 City's Right to do Work 5.2 Changes in Service 5,2.1 Special Events 5,2.2 Construction Activity and Maintenance Functions 5.3 Special Requests 5.3.1 Soil and Plant Testing 6. CONTRACT ENFORCEMENT AND EVALUATION 6.1 Contract Enforcement 6.2 Performance Evaluation i SECTION 7 CONTRACT REQUIREMENTS 2.1 Independent Contractor The Contract between City and Contractor is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership,joint venture or association, as between the City and Contractor. The contractor understands and agrees that all persons furnishing services to the City under this Contract are, for purposes of Workers'Compensation Liability, employees solely of the Contractor and not of the City. The contractor shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder. 2.2 Contract Transition 2.2.1 Transition In Contractor shall provide a written statement of their transition plan to include potential personnel who will be on the transition team and their roles, subject to City approval. Also included shall be sample timelines illustrating when the Contractor will be fully in place and performing all tasks. The anticipated transition period will be three(3) months. A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period: 1) shovel-cut all tree rings; 2) raise all trees; and, 3) mulch all areas; 4) irrigation audits; 5) pressure washing appurtenances; 6) and repair DG paths. The Contractor acknowledges that each site's irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of each site's rotors/heads and lateral irrigation lines. Following the initial agreement for startup repairs, the Contractor shall assume responsibility for future repairs (see Appendix D 2.4 herein). 2.2.2 Transition Out Contractor shall work in good faith with the City to transition out of the service, should a new Contractor be selected. The storage areas used by the Contractor shall be left in an orderly manner. All materials and equipment owned by the Contractor shall be removed from storage areas in a timely manner. Upon Contract completion,all keys, cards and remote controls given to Contractor shall be returned to the City's designed City Representative(CR)with a final walk-through with the Contractor and the CR. 2.3 Hours and Days of Maintenance Services 2.3.1 Scheduling of Operations a. Normal work hours are from 6:00 a.m. to 6 p.m., Monday through Sunday, unless otherwise specified. The contractor shall perform work at such times as to minimize disturbance or interference to the residence and pedestrian or vehicle circulation (e.g., early morning mowing or irrigation checks, etc,) No routine mowing or pruning shall occur on Saturday or Sunday unless pre-approved by the CR(s). Only those tasks related to cleaning or trash shall become routine on Saturdays and Sundays. b. The contractor shall perform work following the pre-approved schedules during City business or non-business hours, depending on the needs of the facility where work is performed. c. Changes in the schedule by the City may be made with five (5) business days advance written or verbal notice to the Contractor. d. The contractor must notify the CR(s) of any problems or service interruptions within twenty-four (24) hours or the next business day. Unavoidable service disruptions may be completed at a later date at the discretion of the CR(s). e. Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of$300 per site per item per day not corrected or the cost to have an outside contractor perform the service. f. Repeated service interruptions without justification or approval of the CR(s) shall be subject to action provided for herein. g. The contractor shall provide adequate staffing to perform the required services during the prescribed times. h. Any changes in the days and hours of service heretofore prescribed shall be subject to approval by the CR(s). i. The contractor shall be available for on-call services twenty-four (24) hours a day. j. Non-emergency on-call requests shall be responded to within four (4) hours of notification by the City representative or as mutually scheduled and agreed to by Contractor and City representative. k. The contractor shall respond to all requests for on-call emergencies within one (1) hour of notification by the City representative. (Explained further in Section 3,14) I. On-call service rates shall be based on Contractor's hourly rate as quoted in Appendix E for such work. m. Certain maintenance tasks may have time restrictions or extended time requirements. The contractor must observe and respond to these restrictions and requirements. n. The contractor shall adjust schedules to meet the Specifications and compensate for all City observed holidays. 2.3.2 Service Schedules a. The contractor shall, within 30 calendar days of the effective date of the Contract, submit all work schedules to the CR(s)for review and approval. Said work schedules shall be based on a twelve-month calendar and be in a format approved by the City. b. Any other activities that the Contractor performs on a regular or semi-regular basis, as determined by the City, will require a schedule to be submitted upon request by the City. c. The contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR(s) for review and if appropriate, approval within five (5) working days before the scheduled time for the work. d. At the discretion of the City, monthly meetings (or at an increased frequency if deemed necessary by the City) between the Contractor and the CR(s) may be scheduled to determine progress and address any changes in schedules, problem areas, etc. e. Changes or variations in scheduling may be necessitated by City special events, recreation classes, reservations, etc. The contractor shall adapt any or all schedules to the City's requests. 2.4 Non-Interference The Contractor shall not interfere with the public use of the sites and shall conduct its operations as to offer the least possible obstruction and inconvenience to City employees and the public or disruption to the peace and quiet of the area within which the services are performed. In the event of recreation programming issues, special events, etc.,the Contractor may be required to alter the schedule to avoid interfering and may be required to return at a later time to meet the task and frequency. 2.5 Consumable Materials and Supplies —Contractor-Supplied The contractor,as a component of the cost proposal, shall provide all of the following items: a. Trash can liners (except at the zoo facility) b. Cleaning agents, spotting agents, polishes c. Disinfecting cleaning agents d. Cleaning-related supplies e. Chemicals (as specified) f. Pest/weed control chemicals (as specified) g. Annual plant materials or any plants that die due to delayed irrigation repairs h. Mulchltopdressing per the contract specifications i. Brick dust j. Grass seed (as specified) k. Fertilizer (as specified) I. Tree stakes and ties rn. Dog bags for Doggie Dispenser No additional payment will be made for these materials. All Contractor provided chemicals, cleaning agents, and materials are subject to review and approval by the City. 2.6 Consumable Materials and Supplies—City-Supplied The City will supply, at no cost to the Contractor, the following items: a. All replacement plant material (not including annuals), except those damaged by the Contractor. b. Irrigation replacement parts (as specified) c. Trash cans d. Playground sand and bark e. Signs—water conservation for medians, water audit, field renovation f. City will be provide DG as needed per the specifications. g. Trash can liners (at the Zoo facility only) The contractor shall request these materials from the CR(s), and shall ensure proper and secure storage of these materials in an area specified by the CR(s). The contractor shall also ensure proper distribution and monitoring of these materials/supplies to prevent waste, theft, or other abuse. The contractor shall provide a log specifying where and when supplies have been used, and this log shall be made immediately available to the City upon request. SECTION 2 RESPONSIBILITIES OF THE CONTRACTOR 3.1 In uiries and Complaints 3.1.1 The contractor shall maintain a telephone at their facilities, listed in the telephone directory in its name or in the firm name by which it is most commonly known. At this location, during the daily hours of maintenance operation, the Contractor shall have some responsible person(s), who is proficient in English, employed to take the necessary action regarding all inquiries and complaints that may be received from the City. An answering service shall be considered an acceptable substitute to full-time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. 3.1.2 During regular working hours, the Contractor's Foreman, or an employee responsible for providing maintenance services, shall be available for notification and able to respond through electronic communications within 30 minutes. 3.1.3 During regular days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage, the City may, after a reasonable attempt to notify the Contractor, cause such action to be taken by the City workforce and charge the cost thereof as determined by the City to Contractor or may deduct such cost from an amount due to Contractor from the City. 3.1.4 The Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken thereto or the reason for non-action. The complaints log shall be open to inspection by the City at all reasonable times. The City will maintain work order and email files. 3.1.5 All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or the Director's Representative. if any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City. Such cost shall include all City staff time required to resolve the problem and appropriate overhead charges. 3.2 Safet 3.2.1 Contractor shall provide a safe workplace and comply with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) laws and regulations and any other applicable law, rule, regulation, ordinance and risk management standards. The contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. All hazardous substances shall be listed per site, and Safety Data Sheets (SDSs) available at all times. 3.2.2 The Contractor shall be responsible for inspecting, identifying, and securing any condition(s) that renders any portion of a site unsafe and any unsafe practices occurring thereon. The CR(s) shall be notified immediately of any unsafe or undesirable condition(s) via email, phone, or instant messaging ensuring that it was received. This includes, but is not limited, to the following: a. Damagedfinoperable fixtures, hose bibs, or irrigation components b. Running water, irrigation breaks, weeping valves, etc. c. Evidence of arson, vandalism, or other crimes d. Damaged signs or drinking fountains e. Damaged benches or tables f. Graffiti g. Hypodermic needles or condoms h. Large amounts of blood or feces L Hazardous or suspicious materials/items j. Insect, rodent, or bird infestations k. Homeless persons or their possessions I. Items lost by patrons m. Poor turf conditions (i.e., holes, tripping hazards, uneven surfaces, gopher holes) n. Damaged fencing (i.e., holes, loose posts, missing fasteners) o. Standing water, saturated turf, dry spots p. Lake conditions including dead or sick wildlife, water quality issues q. Downed tree limbs r. Unsafe walkways S. Unstable trees t. Improperly supported trees (i.e. stakes, trees) u. Other hazards, as applicable 3.2.3 The contractor shall be responsible for making minor corrections including, but not limited to: using barricades or traffic cones to alert the public to the existence of hazards, replacing Contractor-damaged valve box covers, and securing any damaged apparatus to protect members of the public or others from injury. 3.2.4 If needed, the Contractor shall assist the public by summoning emergency assistance at the site. The contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site, beginning with immediate notification, and then a complete written report of the nature of the issue to the City within five (b) days following the occurrence. 3.2.5 The contractor shall also ensure that: a. Vehicles, equipment, and hand or power tools are not left unattended or laying on walkways, grounds, or appurtenances where patrons may be put in jeopardy. b. Operator and machine safety equipment shall be in place and operational. c. Machine speed and operational characteristics shall match manufacturer's recommendations. d. Transport and operation speeds shall be within the maximum limits established for the site. e. After the protection of public safety, the preservation of site equipment, appurtenances, infrastructure, and public activities shall be paramount. f. Debris from operations shall not be allowed to compound existing conditions on hard surfaces and public access areas. All debris deposited on these areas as a result of the Contractor's work shall be cleared from hard surfaces and public access areas before leaving the site that day. g. The contractor shall remedy hazardous materials on site which result from Contractor's work and shall properly dispose of the materials off-site. The contractor shall notify all appropriate agencies. h. Malfunctioning equipment shall only be left on site with barricading, tagging, and reasonably supervising it until repairs are affected. In no case shall the equipment be left on site overnight. i. During all operations, the Contractor shall be subject to local ordinances regarding noise levels (see NOISE in Santa Ana Municipal Code). Any scheduling of the Contractor's operations may be modified by the City at no additional compensation to the Contractor to ensure that the public is not unduly impacted by the noise of equipment or operations. J. Fuels and additives shall not be left exposed or accessible to patrons. k. Fueling and repair operations shall be performed off of turf areas and away from patron activity. I. All pesticides shall be handled appropriately and safely. 3.3 Vehicles and Equipment 3.3.1. The contractor shall take necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment. 3.3.2 The contractor shall immediately repair or replace all equipment deemed by the CR(s) to be unsafe, irreparable, or in unsatisfactory condition. 3.3.3 The contractor shall provide and properly maintain all necessary vehicles and equipment including, but not limited to: vehicles, mowers, edgers, saws, blowers, water hoses and nozzles, squeegees, and high-pressure/low-volume sprayers. 3.3.4 All vehicles shall display Contractor's name with an approved City service statement visible, such as: X.Y.Z. Contracting, Inc. Serving the City of Santa Ana A prototype of the magnetic placard shall be submitted to the City for approval within 30 days of the award of the Contract, with the placement of the placards on all vehicles operating within the City limits to take place within 60 days following the recognition of the Contract. 3.3.5 All equipment shall receive scheduled preventive maintenance to promote equipment reliability and ensure optimum performance at all times. 3.3.6 All equipment is subject to CR's approval. 3.3.7 Equipment failures that happen more than three (3) times in one (1) month will be subject to deductions and a directive to replace the unreliable piece of equipment. 3.3.8 In preparing the proposal, the Contractor shall consider the following conditions pertaining to the vehicles and equipment utilized in the completion of the specified maintenance tasks: a. The City Council of Santa Ana is considering banning all fuel-powered (e.g., gasoline, methanol) leaf blowers. The contractor will not receive additional compensation should such a ban be implemented before or after the award of the Contract. b. Mowers utilized for the hybrid Bermuda athletic turf must be dedicated solely to that hybrid Bermuda grass to prevent contamination. c. A self-contained power scrubber unit shall be required to perform washing and steam-cleaning operations. The contractor shall meet all specified criteria as outlined in Section 22.2 of the Specifications in Appendix B. All wastewater recaptured by such a unit must be disposed of in a sanitary sewer approved by the City. 3.3.9 The contractor's vehicles may be permitted to drive on turf when conditions allow following specific routes designated by the CR(s). Areas designated as "unavailable for vehicle travel," such as natural habitat areas, shall be serviced by other means. 3.3.10 The City shall provide, if possible, a storage area(s) at those sites that are not immediately accessible to Contractor's vehicles. (If a storage yard is unavailable the contractor shall have a storage facility close to the City of Santa Ana to impact the maintenance). 3.3.11 Larger vehicles may be allowed in the performance of non-regular maintenance tasks, with the approval of the City. 3.4 Locks and Keys 3.4.1 Access to City facilities shall be in accordance with instructions, keys, and/or security cards issued or provided by the CR(s). Access may include special instructions about security systems installed at facilities. The contractor shall take all reasonable precautions to ensure that the security of the facilities and internal equipment, furnishings, and other items are always maintained. 3.4.2 The City may develop an initial chain and lock system with a specific number of replacement locks for trash containers, restrooms, gates, valve/pump cover boxes, and controllers. The contractor shall be responsible for purchasing similar locks upon the loss of any City-owned locks initially provided to the Contractor. The City shall exchange, one- for-one, locks that have been vandalized or are inoperable. 3.4.3 Contractor may provide a chain and lock system, at Contractor's expense, for trash containers located throughout the site to secure and limit the removal or tipping of the containers. 3.4.4 The Contractor shall be responsible for the series of keys assigned to it and assign these keys to its personnel to maintain the facilities. The contractor shall be responsible for the proper use and safekeeping of all keys issued by the City to the Contractor. 3.4.5 Contractor shall report all lost or stolen keys to the City representative(s) within twenty- four (24) hours of discovering the loss. The contractor shall reimburse the City for the total cost of re-keying the facility or duplicating additional keys, as determined by the City. 3.4.6 Upon termination or cancellation of the Contract, Contractor shall immediately return all keys, cards, remote controls, etc., to the City. 3.4.7 California law stipulates that it is unlawful for a person to duplicate any keys without the owner's permission. The penalty for violation of this law is either six (6) months imprisonment or a fine of$500.00, or both. 3.5 Service Yard and Storage Area s 3.5.1 The City, at its discretion, may provide storage and office facilities for Contractor's use. In such cases, the Contractor is prohibited from using said facilities to conduct any of its business outside the scope of the Contract. Further, said facility shall not be used for human habitation, other than a night watchman or patrol service as specifically approved by the City. 3.5.2 CR(s) shall identify and authorize Contractor to use a designated area, if available, exclusively or shared with City, for onsite storage as needed. If the designated area is shared with the City, Contractor shall identify equipment, materials, and supplies belonging to Contractor. If the City provides an area, the Contractor is responsible for securing and providing the CR access. The contractor shall safely store all supplies and compliance with all laws and regulations. 3.5.2.1 The contractor may not store any trash, litter, or recyclable material at the facility or in any vehicle for a period of over 24 hours. Notwithstanding the foregoing, the Contractor must conduct all operations at the facility in compliance with all applicable laws and regulations so as not to create a nuisance. 3.5.2.2 The contractor shall not"stockpile" hazardous materials in any quantities at the facility and shall not maintain any amount of such material at the facility greater than that which Contractor plans to use within the following 30 days. Notwithstanding the foregoing, the Contractor shall sometimes store all hazardous materials in compliance with all applicable state and federal laws and regulations. 3.5.2.3 The contractor shall not dispose of hazardous material on the site. All such hazardous materials collected on the site shall be appropriately stored temporarily, after that to be disposed of by Contractor at an approved disposal site, per California statutes. 3.5.3 Contractor, at its own risk, may store equipment and materials required for maintenance in said facility, providing the City has agreed to provide such facility. However, the Contractor must always use safety standards and handling procedures as applied to such equipment and materials. This contract assumes minimal facilities for the Contractors' vehicles and equipment. 3.5.3.1 City shall not be liable for damage or loss to Contractor's equipment, materials, and/or personal property. The contractor shall hold City harmless and waive any claims for damage for loss of use of any equipment, materials and/or property that may occur at City facilities. 3.5.4 Contractor shall maintain the service yard and/or storage area(s) in a clean, weed-free, well-organized manner in keeping with the highly visible nature of the surrounding area. Failure to do so may result in the Contractor's loss of the use of the storage area(s). 3.5.4.1 The service yard and/or storage area(s) occupied by Contractor shall be cleaned and swept once per week and the sweepings disposed of in a lawful manner. 3.5.4.2 Contractor shall remove all undesirable material including, but not limited to, trash, accumulated debris, and equipment that is no longer usable for the purpose it was intended for, from the service yard and/or storage area(s). 3.5.5 The City may inspect service yard and/or storage area(s)for compliance anytime at City's discretion. 3.5.6 Upon expiration or termination of Contract, Contractor shall restore service yard and/or storage area(s) to its original condition. Nothing contained herein which permits Contractor to use designated space shall be deemed or construed as a lease of space, but shall be a mere right to use. 3.6 Utilities The City shall pay for the installation and use of all utilities at these sites,with the exception of the Contractor's telephone hookup and service. 3.7 Traffic Control 3.7.1 When working in road rights-of-way, Contractor shall comply with all procedures and requirements specified in the State of California (CALTRANS) Manual of Traffic Controls for Construction and Maintenance Work Zones and within the confines of applicable OSHA requirements. 3.7.2 Contractor shall cooperate with the Santa Ana Police Department (SAPD) relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of vehicles. If required, the contractor shall obtain an encroachment permit for any partial or complete lane closure. All work that requires traffic i controls will need to comply with the current WATCH manual. 3.7.3 When entering or leaving roadways carrying public traffic, Contractor's equipment, whether empty or loaded, shall in all cases, yield to public traffic. 3.7.4 Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or WATCH Book). Lighted signs or arrow boards are required as needed. 3.8 Bloodborne Pathogens and Biohazardous Material The contractor's staff shall be aware of potential exposure to bloodborne pathogens through hypodermic needles, blood and feces, and shall wear personal protective equipment. Contractor shall treat hypodermic needles, large quantities of feces, and any rags, paper towels, or other materials containing blood as biohazardous material. Only individuals trained in the removal and disposal of such material shall do so. Contractor shall immediately notify the appropriate authority upon the discovery of such occurrences. Contractor shall secure the affected site until such time that the appropriate authority can respond. See California statutes and guidelines for process. 3.9 Accident Reporting and Site Securing Contractor shall immediately notify the designated CR(s) of any accident, regardless of whether or not injury or damage is evident, involving park patrons, City staff and equipment, and Contractor's staff, vehicles, and/or equipment shall secure the site until rendered safe. Contractor shall provide all written reports and/or documentation requested by the City. 3.10 Vandalism The contractor shall report any damage to City property, including but not limited to vandalism,Acts of God, and third-party negligence to the CR.Via email, phone call, or message as determined by CR. 3.11 Cooperation 1 Collateral Work The City and other contractors will conduct on-going activities and operations during Contractor's work. These activities will include but are not limited to landscape refurbishment, irrigation system modification or repair, construction and storm-related operations. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by the Contractor as a result of the City's work. Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the CR(s)to cooperate. 3.12 Protection of Existing Facilities and Structures The contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities, both above surface and underground, on the City's property. 3,12.1 Any damage- to City property deemed to be caused by Contractor's negligence or failure to use due care shall be corrected or paid for by Contractor at no additional cost to the City. 3.12.2 If the City requests or directs Contractor to perform work in a given area, Contractor shall verify and locate any underground utilities. This does not release Contractor's duty to take reasonable precautions when working in these areas. Any damage or problems shall be reported immediately to the City. 3.13 Protection of Property During Inclement Weather(Emergency Response) During storms and periods of excessive rainfall, and in conjunction with Emergency Call-Outs (below), Contractor shall provide supervisory inspection of the work during regular working hours to prevent or minimize possible damage from such adverse weather. The prime factors in assigning work shall be the safety of the workforce and damage to landscaping. 3.13.1 Contractor shall submit a report identifying any storm damage to the CR(s) and attach a site map identifying location of damage and cost estimate to repair/replace within 48 hours. 3.13.1.1 Report shall contain photos with captions. 3.13.1.2 If remedial work is required beyond the scope of this Contract, it shall be paid for as AEW. 3.13.2 Contractor shall remove debris accumulated by high winds or other typical or non-typical environmental conditions. The contractor shall remove minor silt and debris from athletic fields, V- ditches, adjacent inverts, storm drains, etc. 3.13.3 During the periods that excessive rainfall hinders normal operations, the Contractor shall adjust its activities to perform functions such as litter and debris pick-up, remove downed limbs, clear drains and other duties as deemed necessary by the CR(s). 3.13.3.1 During periods of excessive rainfall, the Contractor shall keep all area drains and draining facilities clear and operating and remove water from all tot- lot areas, if directed. 3.13.4 Failure to adjust the workforce to show satisfactory progress, as determined by Contractor and CR(s)jointly, on the work may result in a deduction of payments. 3.14 Emerg envy Numbers and Emergency Call-Outs 3.14.1 Contractor shall supply the City with name(s) and phone number(s) of person(s) representing the Contractor for 24-hour emergency response, seven (7) days per week. 3.14.1.1 The City will, in turn, provide Contractor its emergency contact information so that in the event Contractor must contact the CR(s), this information can be utilized. 3.14.2 Contractor shall have the capability to receive and to immediately respond to calls of an emergency nature during normal working hours and during hours outside of normal working hours (See Section 2.3.1.k). Contractor shall be available via voicemail, text, phone, or answering service. The aforementioned information shall remain current at all times. 3.14.2.1 Contractor shall respond by phone within 30 minutes of a call from the CR(s), and shall be on site within 30 minutes of the call back. Any changes to contact information shall be forwarded to the City in writing within 12 hours of any such change. 3.14.2.2 In situations involving emergencies after normal work hours, Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour. 3.14.2.3 Calls of an emergency nature received by the City shall be referred to Contractor for immediate disposition. 3.14.3 If emergency work is required, the Contractor shall notify the CR(s) by telephone before any emergency work is commenced. 3.14.4 Contractor's vehicle shall carry sufficient equipment to control traffic (barricades, delineators, cones, etc.). 3.14.5 When the Contractor arrives at the site, Contractor shall set up traffic warning and control devices and any other safety devices, if deemed necessary, and proceed with remedial action after contacting the CR(s). 3.14.7 Public health/safety matters requiring an emergency response include but are not limited to: any portion of the irrigation system functioning in a non-operational manner, broken water mains, stuck valves,the threat to private property resulting from Contractor's operations,fallen trees, down or hanging limbs, natural disasters, etc. 3.15 Contractor's Staff The contractor shall provide sufficient personnel to perform all work by the Specifications set forth herein and in Appendix A, B, C, and D. This is a performance-based Contract. 3.15.1 In its proposal, the Contractor shall define the minimum staffing. It is up to the Contractor to complete all tasks as defined, regardless of staffing, but they shall maintain at least the minimum staffing, as stated in their proposal, at all times. 3.15.2 In its proposal, the Contractor shall list the names of all employees, titles, hours and which location/area each employee is assigned. DIR reporting sheets will be used to verify staffing levels by area. 3.15.2.1 Each crew of Contractor's employees shall include at least one(1) individual who speaks and comprehends the English language at a professional level. 3.15.3 The City may, at any time, give Contractor notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of the City or public. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter, and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employee(s)will not be detrimental to the interest of the City or public. Examples of employee conduct or action that prove detrimental to the interest of the City of public include, but are not limited to: • Unprofessional behavior • Misleading or false statements • Misrepresentation of work accomplishments • Illegal activities 3.15.4 Contract-designated staff employees shall not worts on supplemental tasks (AEW) during regular work hours. If worked during regular hours, additional staff will be required, contracted work shall not experience any reduction in frequencies or quality. 3.15.5 Contractor shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and the public the name of the Contractor. The identification system shall be furnished at Contractor's expense and may include appropriate attire and name badges as specified by the City. 3.15.6 Contractor shall require each of its employees to adhere to basic standards of working attire, including full uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. 3.15.6.1 Employee pants, shirts, jackets, and sweatshirts must be uniform. Shirts, jackets, and caps used as uniforms shall bear Contractor's identification logo. 3.15.6.2 Shirts shall be worn at all times, and shall be buttoned and tucked-in. 3.15.6.3 No caps with insignias or designs other than Contractor's logo may be worn, and no caps shall be worn backwards. 3.15.6.4 The City shall approve Contractor's uniform prior to the start of the Contract. 3.15.7 The City expects Contractor's staff to turn into CR(s) all items that have been lost or misplaced by the general public, regardless of perceived value. Contractor shall communicate this expectation to all employees. All items must be returned to the Tree Farm (7600 E. Spring Street, 90615) and have an accompanying landscape area ID and date. 3.16 Work and Workmanship Contractor shall thoroughly complete each task in a professional and workmanlike manner, and shall use quality equipment and materials that comply with all current regulations to complete the scope of work at the proper standards. The safety of workers, passersby, and the public shall be paramount. Contractor shall not work or perform any operations, particularly during periods of inclement weather,which may destroy or damage ground cover, sports, or turf areas. During the periods when inclement weather hinders normal operations, Contractor shall adjust its work force and schedule. Contractor shall immediately notify the City when the work force has been removed from the job site due to inclement weather or other reasons. Supervision and Special Skills The contractor shall assign a supervisor for the north, south, Civic Center, and Zoo districts, as proposed in the labor summary,who will be authorized to act on behalf of the Contractor and who will work regular working hours for the duration of this Contract. Fie/she shall have at least five(5)years of experience in landscape maintenance supervision. The contractor,and Contractor's staff, must have horticultural expertise and a broad range of experience in plant care and maintenance, including California native and southwest-adapted plants,turf management, entomology, pest control, soils,fertilizers, plant identification, and irrigation system maintenance. The contractor's supervisor shall be capable of communicating effectively both in written and spoken English and have experience in park maintenance projects of the type found in the City of Santa Ana. All supervisors and acting supervisors shall be outfitted by Contractor with a portable personal communication device capable of transmitting and receiving phone calls from anywhere. The crew leader and/or supervisor needs to be available during working hours to meet the CR on any given issue at any service location. Should this individual change, the CR(s) must be notified in writing within five(5) days of the change. 3.17 Management and Enforcement 3.17.1 The contractor has the responsibility of providing fully trained and qualified personnel. The CR(s) at each site shall closely monitor the staff activity to detect operational irregularities and non-compliance with contractual requirements. 3.17.1.1 Enforcement is the responsibility of the Contractor, not the City. 3.17.1.2 All specifications shall be managed by the Contractorto ensure the standards are being met. 3.17.2 It is Contractor's responsibility to see that the organization oversees all activities. Furthermore, the Contractor must ensure that standards are met and do not delay, ignore, or otherwise limit its contractual obligations. 3.17.3 Before initiating any task, each site shall be inspected by a knowledgeable and responsible employee of the Contractor, who shall determine the practicality of initiating the operation. Upon the Contractor's determination of the impracticality of initiating the operation, the City shall be consulted. The City's decision shall be final. 3.18 Contact with Minors The contractor providing services at any City location shall provide the City with a list of all persons over the age of eighteen (18)who will be working at such locations. State law provides that the Contractor shall fingerprint all such persons referred to herein and shall obtain criminal history information pursuant to California Penal Code 11105 or 13100 for each individual. Prior to the award of the Contract,Contractor shall provide written verification that all persons, as referred to herein, have not been convicted of any offense involving moral turpitude, nor any offense as specified in Penal Code 11105.3(g), nor any offense relating to the type of services to be performed as determined by the City. Contractor shall pay the costs incurred with the fingerprinting and obtaining the criminal history information. Any misrepresentations with respect to Contractor's obligations under this section or failure to comply with the requirements as stated herein shall constitute a breach of the contract thereby giving City the right to terminate the Contract immediately. Contractor shall indemnify the City for any such breach of this section. SECTION 3 EXECUTION OF WORK 4.1 Subcontracting No performance of this Contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this Contract without said consent shall be null and void and shall constitute a default under this Contract. In the event of such a default, the City may immediately terminate this Contract. In the event the City should consent to assignment or subcontracting, each term and condition of this Contract shall extend to and be binding upon and inure to the benefit of the assigns, successors or administrators of the respective parties. In the event that the City should consent to subcontracting,the Contractorshall include in all subcontracts the following provision: "This Contract is a subcontract under the terms of a prime Contract with the City of Santa Ana. All provisions of that prime Contract shall apply to this subcontract." The Contractor shall indemnify, defend, and hold harmless the City and its employees from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees. 4.2 Contractor Hiring The City encourages Contractor to create newjobs for low or moderate-income persons and Santa Ana youth for its operations under this Contract. Contractor agrees that it shall use good faith efforts to create such new jobs. All qualification and hiring decisions will be made by Contractor. The contractor agrees that itwill reasonably cooperatewith the City through the City of Santa Ana's Training and Employment Development Officer and staff with respect to recruitment, screening and tracking of employees. In implementing these efforts, such Officer and staff will provide to Contractor, at no cost, pre-screening and pre- qualification of all potential job applicants. Such services include assisting with community outreach to recruit qualified job applicants and conducting pre-screening of all potential job applicants and conducting pre-screening sessions to determine the most qualified applicants for jobs. 4.3 Notice Requirements (for purposes of non-performance or otherwise Notice shall be in writing, as a work order,and submitted via email to the Contractor and Director of PRM. Notice shall be given on the date shown on the email. Change of email address shall be given in the same manner as other notices. 4.4 Default by Contractor/Termination Notwithstanding and in addition to payment deductions for Contractor's deficient performance described within Section 2.3.1 (e) of the RFP, the City may terminate this Contract without liability for damages when, in the City's sole opinion, the Contractor is not diligently performing or otherwise not complying in good faith with the Contract,has become insolvent,has assigned or subcontracted any part of the work without the consent of the City, or has otherwise defaulted in the performance of the Contract,and has not otherwise cured such default after a period of ten (10) days' notice given by the City to do so. Suppose a default situation occurs as a result of the Contractor's non-performance and/or non-compliance to the specifications and requirements herein or any other work applicable under this Contract. In that case, Contractor agrees that the City may withhold payment or partial payment of any and all invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract, If the City terminates the Contract, the City will give notice to that effect to the Surety and Surety shall, within five (5) business days of delivery of the notice, assume control and perform the work as successor to the Contractor, and shall be paid by the City for all work performed. If the Surety does not comply with such notice within said five(5) day period or, after starting to comply, fails to continue, the City may exclude the Surety and the Contractor from all City facilities and have the work completed by City employees, by another Contractor,or by a combination of such methods. All costs incidental to the default of the Contractor shall be charged to the Contractor and the Surety,and may be deducted from any monies due the Contractor. Surety shall pay,within fifteen(15)calendar days of receipt of an invoice, all such incidental costs less any amount deducted from monies due. 4.5 Temporary Suspension of Work The City Representative(s) (CR)shall have the authority to suspend work by the Contractor, wholly or in part for such period as necessary due to unsuitable work conditions, failure of Contractor to carry out directions, unsafe or hazardous conditions, or failure to perform in accordance with these provisions. The Contractor shall request permission of the CR(s), during City business hours,to temporarily suspend work wholly or in part for such period as necessary due to unsuitable, unsafe, or hazardous work conditions or failure of the City to notify the Contractor of changes in locks, security codes or access to facilities being cleaned. 4.6 Damage Caused by Contractor All damage to existing facilities caused by Contractor shall be repaired or replaced at Contractor's sole expense. All such repairs or replacements shall be completed within the time limits specified by the City below: a. Irrigation damage shall be repaired or replaced within one (1) watering cycle or 24 hours. b. All damage to shrubs, trees, turf or ground cover shall be repaired or replaced within five (5) working days. c. All damage to appurtenances shall be replaced within a period of 30 days. All repairs or replacements shall be completed in accordance with the following maintenance practices: a. Trees: All damage, including minor damage, such as bark lost from impact of mowing equipment or string trimmers, shall be subject to replacement with a tree comparable in species and size, as approved by the City, within 30 days. b, Shrubs/Ground Covers: All damage shall be subject to replacement with a shrub or plant comparable in species and size, as approved by the City, within 30 days. c. Appurtenances: All damage caused by Contractor to components of the facilities or grounds, including but not limited to benches, picnic tables, permanent chairs, irrigation heads, valves, valve boxes, controller boxes, concrete walks, railings, fencing, and gardens shall be corrected at Contractor's expense, within 30 days. 4.7 Non-Emergency Call.Outs Time and materials shall be charged for payment on a separate invoice and pre-approved by the City, (i.e. trash pickup generated by special functions)for those items outside of the normal scope of work. The time and material charges shall be in accordance with the submitted cost proposal 4.8 Work Not Included Water and electrical billings, except in instances where excessive costs are incurred by the City due to water waste or negligence by Contractor, are not included in this Contract. If the Director of PRM, based upon all of the facts that may be gathered, determines that excessive water and/or utility costs have occurred due to Contractor's work, the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs. 4.9 Signs 1 Improvements Contractor shall not post signs or advertising matter on City property unless prior written approval therefore is obtained from the City. SECTION 4 ENVIRONMENTAL REQUIREMENTS 5.1 Environmental Requirements 5.1.1 Contractor shall ensure that all personnel whose responsibilities involve cleaning, waste disposal, or landscaping are trained in Best Management Practices, as set forth in the City's NPDES permit and Storm Water Management Plan. 5.1.2 In preparing its proposal, Contractor shall consider the following conditions pertaining to the completion of the specified maintenance tasks: a. Contractor must conduct all operations in accordance with the City's Storm Water Management Plan and State NPDES. b. Appurtenances must be cleaned by a method(s)which does not result in runoff going into any water body, gutter or storm drains. Only potable water may flow into any water body, gutter or storm drains. c. All wash water must be disposed of in a sanitary sewer. d. No litter, debris, oil, grease, green waste, or other materials and substances may be washed, swept, or blown into the street or storm drains. e. All liquids, including but not limited to, rinse water and cleaning agents, must be properly disposed of in compliance with all laws and regulations. No liquid or product of any kind may be discharged to a gutter, storm drain or paved surface where it could be carried to the storm drain system or to a water body. f. For washing operations, Contractor shall use (1) a high-pressure/low-volume sprayer using only potable water and no cleaning agents at an average use of.006 gallon of water per square feet of surface; or (2) a self-contained power scrubber, which recaptures all wastewater, cleansers, and debris. All wastewater recaptured by a self-contained power scrubber must be disposed of in a sanitary sewer approved by the City. 5.1.3 Contractor shall comply with the City's recycling efforts and program. a. Contractor is required to recycle green waste, keeping it separate from trash and other debris. 5.1.4 Contractor shall have an Integrated Pest Management policy/program in effect. 5.2 Refuse Disposal 5.2.1 Unless directed otherwise, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service 5.2.2 The City will provide the refuse bins and pay the costs of the disposal, however, the contractor shall dispose of all trash, litter, and debris collected (i.e. refuse) by Contractor in the performance of the daily maintenance tasks including refuse collection,green waste, debris, litter, trash, emptying of trash cans, and litter control. The refuse collected by the Contractor in the performance of these tasks shall be transported to a proper disposal site by the Contractor. 5.2.3 No trash, litter, debris, or green waste shall be permitted to be dumped from sites not on this contract, If the contractor is found to abuse the refuse bins, the contractor will assume the responsibility to dispose of and pay for all refuse costs for the remaining terms of the contract. 5.2.4 The contractor shall maintain logs or invoices showing Santa Ana address identifying its refuse collection and disposal activities and make those logs or invoices available to the City for inspection on reasonable notice. 5.2.5 The contractor will not be required to sort recyclable materials from trash and other refuse collected by the Contractor. Recyclable 'materials are the property of the City. 5.3 Hazardous Materials Use of any chemicals or hazardous materials by the Contractor in performing services shall be subject to approval of the City and shall be used in accordance with the manufacturer's directions and specifications. Contractor shall store and dispose of chemicals or hazardous materials in accordance with all laws, rules and regulations on the subject. Contractor shall defend, indemnify and hold harmless the City and its officials and its employees for all claims,demands,damage,causes of action,loss,liability,cost or expense relating to the Contractor's failure to comply with this section. 5.4 Sound/Noise Control Requirements Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, specifically Santa Ana Municipal Code 8.80 NOISE,that apply to any work performed pursuant to the Contract. 5.4.1 Each internal combustion engine used for any purpose for the work or related to the work shall be equipped with the type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated without such muffler. 5.4.2 The Santa Ana City Council is considering a ban on all fuel-powered leaf blowers. Contractor will not receive additional compensation should such a ban be implemented prior to or after the award of the Contract. 5.4.3 Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be paid. SECTION 5 CHANGES TO THE CONTRACT 6.1 City's Right to do Work The City reserves the right to do work as required within the Contract Areas. If such work affects Contractor's work,the City will ask Contractor to submit costs incurred by Contractor as a result of the City's work. 6.2 Changes in Service 6.2.1 Special Events a. The areas contained in this Contract are frequently utilized for special events. Some of these special events (e.g., filming, carnivals, concerts, parades, etc.) will affect regular grounds maintenance operations for extended periods of time. In these instances, the City may request an alternative means of, or alternate schedules for, maintaining these areas. For example: mowing operations in some areas may not be possible due to a filming setup. In this instance, the City may request the Contractor to control the growth of weeds around the area in lieu of mowing, at no different or additional cost other than the amount proposed for mowing. b. Certain damage to turf, irrigation, and other landscaped areas may result from large special events. Contractor is not liable for the repair of such damage, but may be asked to perform said repair work as "Additional Work." Prior to each large special event, the Contractor and the CR will jointly assess the conditions of the designated sites to establish a benchmark for any needed "Additional Work." 6.2.2 Construction Activity & Maintenance Functions a. In the event that construction activity prevents, or limits, Contractor from performing certain maintenance operations, the City, at its discretion, may remove, temporarily or permanently, the affected areas, or maintenance functions, from the Contract and the Contract price shall be reduced pro rata. 6.3 Special Reauests Contractor may be requested by the City to perform special tasks that are not included in the normally scheduled work(i.e. citizen requests,coordination with utility locations, or special work orders relative to City functions). It is intended that the Specifications are indicative of the work to be anticipated by Contractor and will allow for reasonable additional work which is considered normal maintenance at no additional cost to the City in order to meet the objectives and criteria. 6.3.1 Soil and Plant Testing Upon request, Contractor shall perform soil or plant testing of selected areas for soil fertility, salt build-up, pathological organisms, percolation tests, etc. Contractor may be required to pay costs of tests if negative results are related to incorrect maintenance practices. These tests will be used to determine whether additional treatments are required. Tests will be requested by the CR(s). Payment shall be in accordance with Unit Work Costs in the cost proposal. SECTION 6 CONTRACT ENFORCEMENT AND EVALUATION 7.1 Contract Enforcement 7.1.1 The contractor or its authorized representative shall meet on the site, as needed, at the discretion and convenience of the City, with a CR to do a site inspection as it relates to determining compliance with the Contract Specifications, site challenges, and/or developing a scope of work. All scheduled and periodic maintenance functions small have a current status and completion date prior to this meeting and be documented on the electronic monitoring and work order system. Contractor's representative must be authorized to sign documents and make changes to the work, 7.1.2 The City reserves the right to perform inspections at any time to monitor performance. The contractor shall cooperate with the City, State, and Federal representative(s) in the review and monitoring of the Contractor's performance, records and procedures (see Section 7.2). 7.1.3 At the request of the City, the Contractor or its appropriate representative shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract, and description of City policies and procedures. 7.1.4 In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action. 7.2 Performance Evaluation 7.2.1 City staff shall perform site inspections each day at undisclosed times and at various service areas to determine if scheduled tasks are performed as specified. 7.2.2 If the CR determines that any required services are deficiently performed, incompletely performed, or not performed at the appropriate time as specified by the City, the City will give notice to the Contractor via work order or email to correct the deficiency, complete the performance, or perform within a time stated in the notice. If Contractor fails to correct deficiencies within that time, the City may: (a) deduct $300 from Contractor's payment a sum attributable to the deficiency; or (b) upon giving five (5)days' notice to the Contractor for failure to correct the deficiencies, City may correct the deficiencies. The costs incurred by completion of the work by an alternate source, whether it be City forces or another contractor, will be deducted from the payment to the Contractor from the City, as determined by the City. 7.2.3 A sum of $300.00 will be deducted from the base payment amount for each deficiency per occurrence. 7.2.4 City staff will perform these site inspections utilizing the City's contract performance management system on-site with portable electronic devices with a data connection. These devices allow for performance deficiencies to be documented immediately while completing, which will send a notification immediately to the Contractor. 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NMeP E N r Y y q PI a) WARNER AVE. � n O IT Z IT 3 m � m E Cemf Ave m - EAd.—Sl D � N O � Gea¢Ave -., a Heml k M.y W Herrj G Wuy W Segerst—Ave 8 mPR R WDye,Rd EDyer Rd a 00000 v g m N N A a R E 3 e y o Taryre d Ave WAXon Ave WMUn Ave I dvP a Hac Artlw W AaOn Ave D.".'* ' 3 u FumlNnNttN N -. Card Ave S5Q o S2 •W Axon v 4ra 0 � is 5 g w 02011 Gooak-NesiNte' 1 . 1111 ol - d 14 ' , AV SS' V 1� is A V bd 1, .��J 1S A75NiJV0 S w = i rd M, 1. 0 - 3` d 5 m 2 f0o c a N C: � m° m m FCL- 7 G� v a o •� L LL L LL0 cn 0 a o c j 114 a i a FN 4 All ii, gab �1 EXHIBIT C PRICING PROPOSALS/RATES ADDENDUM 2-EXHIBIT I ATTACHMENT A-2 REVISED PROPOSAL PRICING DISTRICT 1 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage* Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents Cesar Chavez/Campesino 7 $ 12,824.43 $ 153,893.16 1.84 Edna 2 $ 3,664.12 $ 43,969.47 0.53 El Salvador 9 $ 16,488.55 $ 197,862.63 2.36 King St.Park* TBD $ 1,832.06 $ 21,984.74 0.26 Memory Lane 0.6 $ 10,992.37 $ 131,908.42 1.58 Riverview 8 $ 14,656.49 $ 175,877.90 2.1 Rosita 8 $ 14,656.49 $ 175,877.90 2.1 Other(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC. Acreage* 171h St.&Santa Ana River Triangle 0.69 $ 1,264.12 $ 15,169.47 0.18 Fairview Triangle 0.73 $ 1,337.40 $ 16,048.86 0.19 Annual Total $ 77,716.04 $ 932,592.55 11.14 *Future Park DISTRICT 1:SANTA ANA LIBRARY Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage* Monthly Rate Yearly Rate Equivalents ETC. New Hope Libray 0.56 $ 1,025.95 $ 12,311.45 0.15 Annual Total $ 1,025.95 $ 12,311.45 0.15 DISTRICT 2 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT MATERIALS TRIP CHARGE DUMPING ETC.) Equivalents 1Dth and Flower Park* 1.7 $ 2,450.84 $ 29,410.13 0.35 Angels Community 1.7 $ 2,450.84 $ 29,410.13 0.35 Birch 2.4 $ 3,460.01 $ 41,520.18 0.5 Cabrillo 7.3 $ 10,524.21 $ 126,290.54 1.51 Cabrillo Tennis Center 7.6 $ 10,956.71 $ 131,480.56 1.57 Cheppa's 0.4 $ 576.67 $ 6,920.03 0.08 Eldridge 1.2 $ 1,730.01 $ 20,760.09 0.25 Fisher 1.5 $ 2,162.51 $ 25,950.11 0.31 French 0.2 $ 288.33 $ 3,460.01 0.04 Garfield 0.1 $ 144.17 $ 1,730.01 0.02 Mabury 5.5 $ 7,929.20 $ 95,150.41 1,14 Mariposa 0.5 $ 720.84 $ 8,650.04 0.1 Morrison 5.9 $ 8,S05.87 $ 102,070.44 1.22 Portola 9.1 $ 13,119.22 $ 157,430.67 1.88 Saddleback View 0.9 $ 1,297.51 $ 15,570.07 0.19 Santiago(including bike trail) 26 $ 37,483.49 $ 449,801.92 5.37 Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) 602 N.Garfield Street 0.2 $ 288.33 $ 3,460.01 0.04 Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage ETC. Garfield Community Center 0.2 $ 288.33 $ 3,460.01 0.04 Plaza Calle Cuatro 0.2 $ 288.33 $ 3,460.01 0.04 Sarah Mae Downie Herb Garden 0.1 $ 144.17 $ 1,730.01 0.02 Santa Ana Stadium 6.9 $ 9,947.54 $ 119,370.51 1.43 Willard Playground 0.2 $ 288.33 $ 3,460.01 0.04 Annual Total $ 115,045.49 $ 1,380,545.89 16.49 *Future Park DISTRICT 2:COMMUNITY DEVELOPMENT AGENCY Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate Equivalents ETC. 2nd St from Broadway to Sycamore 0.1 $ 144.17 $ 1,730.01 0.02 4th St.from Ross to French 0.5 $ 720.84 $ 8,650.04 0.1 Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Acreage Monthly Rate Yearly Rate NE corner of 3rd St.and Bush St. 0.8 $ 1,153.34 $ 13,840.06 0.17 312 N.Bush Street 0.1 $ 144.17 $ 1,730.01 0.02 Annual Total $ 2,162.511$ 25,950.111 0.31 DISTRICT 3 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage* Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC.) Equivalents Bristol/Tolliver Park* 1.1 $ 1,648.96 $ 19,787.51 0.24 Somo Koral 11 $ 16,489.59 $ 197,875.13 2.36 Delhi 10.4 1,$ 15,590.16 $ 187,081.94 2.23 Lillie King 9.6 $ 14,390.92 $ 172,691.02 2.06 Madison 6 $ 8,994.32 $ 107,931.89 1,29 Memorial 15.5 $ 23,235.34 $ 278,824.05 3.33 Maple Occidental Exercise Park 0.43 $ 644.59 $ 7,735.12 0.09 Pacific Electric 1.4 $ 2,098.68 $ 25,184.11 0.30 Sandpointe(including paseos) 7.7 $ 11,542.72 $ 138,512.59 1.65 Segerstrom 1.2 $ 1,798.86 $ 21,586.38 0.26 Standard and McFadden Park 0.64 $ 959.39 $ 11,512.73 0.14 Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate ETC. Flower Trail(Flower/Warnerto Flower/Sunflower) 1.5 $ 2,248.58 $ 26,982.97 0.32 Pacific Electric Trail(Chestnut/Maple to Alton/Bristol) 3.5 $ 5,246.69 $ 62,960.27 0.75 Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Acreage Monthly Rate Yearly Rate 300 S.Main Street 0.4 $ 599.62 $ 7,195.46 0.09 1022 S.Main Street 0.1 $ 149.91 $ 1,798.86 0.02 Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate ETC. Roosevelt/Walker Comm.Center 1.3 $ 1,948.77 $ 23,385.24 0.28 Unused Property(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate ETC. 625 S.Cypress-Cypress Fire Station 0.17 $ 254.84 $ 3,058.07 0.04 Annual Total $ 107,841.95 $ 1,294,103.35 15.46 *Future Park DISTRICT 3:COMMUNITY DEVELOPMENT AGENCY Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate Equivalents ETC.) Carnagie Homeless Shelter TBD $ 1,499.05 $ 17,988.65 0.21 Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Acreage NE corner of 3rd St.and Bush St. 0.8 N/A N/A N/A 312 N.Bush Street 0.1 N/A N/A N/A Annual Total $ 1,499.051$ 17,988.651 0.21 DISTRICT 4 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC. Equivalents 1st/Mountain View Park* 1.7 $ 1,489.07 $ 17,868.79 0.21 Adams 7 $ 6,131.45 $ 73,577.38 0.88 Centennial 87 $ 76,205.14 $ 914,461.67 10.92 Ed Caruther's Park* 1.1 $ 963.51 $ 11,562.16 0.14 Friendship 0.1 $ 87.59 $ 1,051.11 0.01 Heritage 8 $ 7,007.37 $ 84,088.43 1.00 Jerome 14 $ 12,262.90 $ 147,154.75 1.76 Santa Anita 5 $ 4,379.61 $ 52,555.27 0.63 Thornton 35 $ 30,657.24 $ 367,886.88 4.39 Windsor 12 $ 10,511.05 $ 126,132.64 1.51 Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate Equivalents ETC. Bear Street(Segertrom Ave.to MacArthur Blvd.) 0.49 $ 429.20 $ 5,150.42 0.06 Greenville Street(North of Hall Ave.to Segerstrom Ave.) 0.38 $ 332.85 $ 3,994.20 0.05 Jerome(Monte Vista Ave to McFadden Ave) 0.25 $ 218.98 $ 2,627.76 0.03 MacArthur Blvd(Santa Ana River Trail to MacArthur Blvd) 0.06 $ 52.56 $ 630.66 0.01 St. Andrew Pl./St.Gertrude PI. 0.18 $ 157.67 $ 1,891.99 0.02 Raitt Street(Segertrom Ave.to Alton Ave.) 0.25 $ 218.98 $ 2,627.76 0.03 Other(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT. MATERIALS TRIP CHARGE DUMPING ETC.) Acreage McFadden Triangle 0.94 $ 823.37 $ 9,880.39 0.12 Annual Total $ 151,928.52 $ 1,823,142.25 21.78 *Future Park DISTRICT 4:SANTA ANA POLICE DEPARTMENT Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage* Monthly Rate Yearly Rate Equivalents ETC. Santa Ana PAAL Center 0.52 $ 455.48 $ 5,465.75 0.07 Annual Total $ 455.48 $ 5,465.75 0.07 CIVIC CENTER CIVIC CENTER (MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate Equivalents ETC. $ 93,547.00 $ 1,122,564.00 13.41 Annual Total $ 93,547.00 $ 1,122,564.00 13.41 SANTA ANA ZOO ZOO (MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC.) Equivalents 20 $ 59,175.00 $ 710,100.00 8.48 Annual Total $ 59,175.00 $ 710,100.00 8.48 NOTICE OF COMPLIANCE CITI ST V F: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Mariposa Landscapes Inc. Name: Project TBD (1) Number: Project Ground Maintenance Services Name: The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: TYPE OF INSURANCE POLICY EXPIRATION COI DATE FILE NUMBER DATE NAME AUTOMOBILE LIABILITY 6069499 04/01/2024 02/09/2024 City of Santa Ana.pdf GENERAL LIABILITY 6069499 04/01/2024 02/09/2024 City of Santa Ana.pdf PROFESSIONAL LIABILITY DCP7NAB8JV8003 04/01/2024 02/08/2024 City of Santa Ana Poll.pdf WORKERS COMPENSATION AND 23DWS12057 04/01/2024 03/23/2023 City of Santa EMPLOYERS'LIABILITY Ana WC.pdf No further action is required at this time. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 2/13/2024 11:24 AM a DATE(MM/DD/YYYY) AC"RL7 CERTIFICATE OF LIABILITY INSURANCE 02/19/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). WNIAUI PRODUCER NAME: CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY PHONE FAX HOME OFFICE: P.O. BOX 328 (A/C,No,Ext):888-333-4949 (A/C,No):507-446-4664 OWATONNA, MN 55060 E-MAIL ADDRESS:CLIENTCONTACTCENTER@FEDINS.COM INSURERS AFFORDING COVERAGE NAIC# INSURERA:FEDERATED SERVICE INSURANCE COMPANY 28304 INSURED INSURER B: MARIPOSA LANDSCAPES INC INSURER C: 6232 SANTOS DIAZ ST IRWINDALE,CA 91702-3267 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:572 REVISION NUMBER:0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MMIDDIYYYY MMIDDIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES $100��� (Ea occurrence) MED EXP(Any one person) EXCLUDED A Y Y 6069499 04/01/2026 04/01/2027 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY �JPRO_ ❑ OTHER: L�� LOC PRODUCTS&COMPIOP ACC $2,000,000 hN� AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANYAUTO BODILY INJURY(Per Person) A OWNED AUTOS ONLY SCHEDULED Y Y 6069499 04/01/2026 04/01/2027 BODILY INJURY(Per Accident) AUTOS HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY (Per Accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $10,000,000 A EXCESSLIAB CLAIMS-MADE N N 6069500 04/01/2026 04/01/2027 AGGREGATE $10,000,000 DED I RETENTION WORKERS COMPENSATION PER STATUTE OTHER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERI EXECUTIVE E.L EACH ACCIDENT OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) E.L DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT BUSINESS ERRORSIOMISSIONS N N 6091613 04/01/2026 04/01/2027 PER CLAIM $1,000,000 AAGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) SEE ATTACHED PAGE APPROVED By Tu Tran Nguyen at 2:21 pm,Apr 16,2026 CERTIFICATE HOLDER CANCELLATION CITY OF SANTA ANA ATTN: PUBLIC WORKS AGENCY 572 0 PARKS, FLEET &FACILITIES SERVICES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 20 CIVIC CENTER PLZ##M-11 BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SANTA ANA,CA 92701-4058 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �7 © 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 74/16/2026 (MM/DD/YYYY) ° CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Venbrook Insurance Services Venbrook Insurance Services PHONE FAX 6320 Canoga Avenue, 12th Floor -MALo Ext: 818 598 8900 A/C,No: 818 598-8910 Woodland Hills, CA 91367 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# www.venbrook.com CA Lic No.OD80832 INSURERA: Berkley National Insurance Company 38911 INSURED INSURERB: StarStone Specialty Insurance Company 44776 Mariposa Landsca}nes, Inc. 6232 Santos Diaz Jt. INSURERC: Irwindale CA 91702 INSURERD: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 90206438 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MWDD MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGCLAIMS-MADE OCCUR PREMIES(E.TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED FIR ER DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION JWC 9800084-11 4/1/2026 4/1/2027 �/ STATUTE OERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE R/MEMBER EXCLUDED? FY—] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Pollution/Professional Liability CTR01126067P-00 4/1/2026 4/1/2027 $5,000,000/$5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:All Operations of the Named Insured Waiver of Subrogation applies to Workers Compensation and Professional Liability in favor City of Santa Ana,its City Council,officers,officials,employees,agents,and volunteers. *10 Days Notice of Cancellation for Non-Payment of Premium,30 Days All Others. APPROVED By Tu Tran Nguyen at 2:22 pm,Apr 16,2026 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attention: Public Works Agency ACCORDANCE WITH THE POLICY PROVISIONS. Parks, Fleet, & Facilities Services 20 Civic Center Plaza M-11 Santa An CA 92701 AUTHORIZED REPRESENTATIVE 1,tii Windy West ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 90206438 1 26-27 WC/POLL - ML I Isabella Saldivar 1 4/16/2026 10:59:50 AM (PDT) I Page 1 of 3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 04 84 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization for which you have agreed to waive your rights of recovery in a written contract, provided such contract was executed prior to the date of loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy) Endorsement Effective 04/01/2026 Policy No. JWC 9800084-11 Endorsement No. Insured Mariposa Landscapes, Inc. Premium Insurance Company: Countersigned Berkley National Insurance Company by WC 04 03 06 04 84 1998 by the Workers'Compensation Insurance Rating Bureau of California. Page 1 of 1 All rights reserved. From the WCIRB's California Workers'Compensation Insurance Forms Manual 2001. 90206438 126-27 WC/POLL - ML I Isabella Saldivar 14/16/2026 10:59:50 AM (PDT) I Page 2 of 3 Mariposa Landscapes, Inc. StarStone Specialty Insurance Company CTR01126067P-00 04/01/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION SCHEDULE This endorsement modifies insurance provided under the following: COREPRO CONTRACTORS PROFESSIONAL LIABILITY INSURANCE Waiver Of Subrogation Schedule (The Insurer hereby waives any right of subrogation it may have against any person or organization for whom the Named Insured's providing Contracting Services or Professional Services, but only where the Named Insured has agreed in a written contract or agreement executed prior to the Wrongful Act or Pollution Incident to waive such rights, and only to the extent permitted by law.) ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS SHALL REMAIN THE SAME. SSS-CONPRO-END-CW-0023 01 25 Page 1 of 1 90206438 1 26-27 WC/POLL - ML I Isabella Saldivar 1 4/16/2026 10:59:50 AM (PDT) I Page 3 of 3 AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY MARIPOSA LANDSCAPES INC 6232 SANTOS DIAZ ST POLICY NUMBER IRWINDALE,CA 91702-3267 SEE CERTIFICATE#572.0 CARRIER NAIC CODE EFFECTIVE DATE:SEE CERTIFICATE#572.0 SEE CERTIFICATE#572.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE PROJECT NAME: CITY OF SANTA ANA LANDSCAPE MAINTENANCE SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY ADDITIONAL INSUREDS ALSO INCLUDE: CITY OF SANTA ANA , ITS CITY COUNCIL, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY WAIVER OF SUBROGATION ALSO INCLUDES: CITY OF SANTA ANA, ITS CITY COUNCIL, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS COMMERCIAL GENERAL LIABILITY INCLUDES THE SEPARATION OF INSUREDS CONDITION WHICH STATES: "EXCEPT WITH RESPECT TO THE LIMITS OF INSURANCE, AND ANY RIGHTS OR DUTIES SPECIFICALLY ASSIGNED IN THIS COVERAGE PART TO THE FIRST NAMED INSURED, THIS INSURANCE APPLIES AS IF EACH NAMED INSURED WERE THE ONLY NAMED INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR "SUIT" IS BROUGHT. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON GENERAL LIABILITY SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) ENDORSEMENT. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE SUBJECT TO THE CONDITIONS OF THE PRIMARY AND NONCONTRIBUTORY CLAUSE- OTHER INSURANCE CONDITION. INSURANCE PROVIDED BY THE BUSINESS AUTO LIABILITY IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE SUBJECT TO THE CONDITIONS OF THE PRIMARY AND NONCONTRIBUTORY CLAUSE- OTHER INSURANCE CONDITION. GENERAL LIABILITY CONTAINS A WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC ENDORSEMENT BUSINESS AUTO LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT. FOR NON-PAYMENT OF PREMIUM, 10 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATE HOLDER IN THE EVENT THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY. FOR REASONS OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATE HOLDER IN THE EVENT THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY. ACORD 101 (2008/01) © 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance - Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Named Insured under an "insured" under your policy provided that: such other insurance; and 1. Such "insured" is a Named Insured under 2• You have agreed in writing in a contract or such other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such"insured". primary and would not seek contribution from any other insurance available to such "insured". © Insurance Services Office, Inc., 2016 Page 1 of 1 CA 04 49 11 16 Policy Number: 6069499 Transaction Effective Date: 04/01/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include: Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily injury or property damage "auto" liability insurance arising out of operation of a covered "auto" with your permission. However, this additional insurance does not apply to: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. B. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy. D. Additional exclusions. The insurance afforded to any person or organization as an insured under this endorsement does not apply: 1. To "loss" which occurs prior to the date of your contract with such person or organization; 2. To "loss" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. 3. To "loss" for any leased or rented "auto" when the lessor or his or her agent takes possession of the leased or rented "auto" or the policy period ends, whichever occurs first. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-127 (03-03) Policy Number: 6069499 Transaction Effective Date: 04/01/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. In the event of any payment for a loss under this Business Auto Coverage Part arising out of your ongoing operations, we agree to waive our rights under the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition against any person or organization, its subsidiaries, directors, agents or employees, for which you have agreed by written contract, prior to the occurrence of any loss, to waive such rights, except when the payment results from the sole negligence of that person or organization, its subsidiaries, directors, agents or employees. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-128 (03-03) Policy Number: 6069499 Transaction Effective Date: 04/01/2026 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract Condition and supersedes any provision to the or agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and © Insurance Services Office, Inc., 2018 Page 1 of 1 CG 20 01 12 19 Policy Number: 6069499 Transaction Effective Date: 04/01/2026 COMMERCIAL GENERAL LIABILITY CG24531219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. © Insurance Services Office, Inc., 2018 Page 1 of 1 CG 24 53 12 19 Policy Number: 6069499 Transaction Effective Date: 04/01/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Santa Ana Public Works Agency Parks, Fleet & Facilities Services 20 Civic Center Piz## M-11 Santa Ana, CA 92701 (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. Job or, Project: Any coverage provided by this endorsement applies only to landscape work completed by the named insured for the City of Santa Ana. Additional Insureds also includes: City of Santa Ana , its City Council, its officers, officials, employees, agents, and volunteers. Insured: Mariposa Landscapes Inc 6232 Santos Diaz St Irwindale, CA 91702-3267 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG-F-64 (06-19) Policy Number: 6069499 Transaction Effective Date: 04/01/2026 (CG 20 10 11-85) Federated Service Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED AMENDMENT OF CANCELLATION PROVISIONS All Coverage Parts included in this policy are subject to the following conditions: If we cancel this policy, we will mail advance notice to the person(s) or organization(s) as shown in the Schedule. SCHEDULE Name and Address of Person(s) Or Organization(s): City of Santa Ana Attn: Public Works Agency Parks, Fleet & Facilities Services 20 Civic Center Piz## M-11 Santa Ana, CA 92701 Number of days advance notice for any reason other than non-payment of premium: 3 0 Number of days advanced notice for non-payment of premium: See Common Policy Conditions Insured: Mariposa Landscapes Inc 6232 Santos Diaz St Irwindale, CA 91702-3267 Includes copyrighted material of Insurance Services Office, Inc., with its permission. IL-F-50 (04-13) Policy Number: 6069499 Transaction Effective Date: 04/01/2026 Exhibit 4 INSURANCE ON FILE A-2024-007-04 WORK MAY PROCEED UNTIL INSURANCE EXPIRES 4 ' CITY CLW� 17 2024 DATE: AGREEMENT WITH PACIFIC COAST HORTICULTURISTS TO PROVIDE GROUND MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between PCA Arborists & Consultants Inc., a California corporation, dba Pacific Coast Horticulturists ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS Ce, o A. On October 20, 2023 the City issued Request for Proposal No. 23-151 ("RFP"), by which it sought Contractors to provide grounds maintenance services to City parks, bike trails, open spaces, and parking lots with assignment of the varied City districts to be assigned to the selected Contractors. A. Contractor submitted a responsive proposal that was amongst one of the four(4) vendors selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in the RFP. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference for the Santa Ana Zoo. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. The total aggregate sum for services, provided by all four (4) Contractors selected under RFP 23-151, shall not exceed $35,737,920 for the entire term of this Agreement, including any extension periods exercised by the parties,as detailed below. The annual aggregate amount, available to all the selected Contractors, shall not exceed $7,147,584,which includes a base annual amount of$5,228,320 plus a contingency of $1,919,264 for services to be exercised at the City's sole discretion. Page 1 of 10 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on February 1,2024 for a three(3)year term until January 31, 2027, with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney,unless terminated earlier in accordance with Section 16,below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works"and"maintenance"projects. If the services being performed are part of an applicable "public works" or"maintenance"project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property Page 2 of 10 embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement, Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos,hired, (Code S) and non-owned autos (Code 9), with limit no less than$1,000,000 per accident for bodily injury and property damage. • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and$2,000,000 aggregate per policy period of one year. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Page 3 of 10 Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts,or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance(at least as broad as ISO Form CG 20 10 1185 or if notavailable,through the addition of both CG 20 10, CG 20 26,CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation,but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.Best's rating of no less than AXII,unless otherwise acceptable to the City. Claims Made Policies (note—should be applicable only to professional liability,see below) If any of the required policies provide claims-made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. Page 4 of 10 2. Insurance must be maintained and evidence of insurance must be provided for at least Jive(5)years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date,the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete,certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees,contractors, special counsel,and representatives from liability: (1)for personal injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered, or alleged to have been suffered,by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify,hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity Page 5 of 10 shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and 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. 12. 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. Page 6 of 10 13. NON-DISCRIMINATION Contractor shall not discriminate because of race,color,creed,religion,sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof,shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party,which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment,the Executive Director may require Contractor to deliver to the City all work product(s) 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. Page 7 of 10 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach,failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,waivers,and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice, tender,demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) Page 8 of 10 P.O. Box 1988 Santa Ana, California 92702 To Contractor: Pacific Coast Horticulturists Attn: Brandon Elrod, President 910 E. Walnut St. Santa Ana, CA 92701 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 9 of 10 A-2024-007-04 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ennifer al Ci rk Alvaro Nunez Acting City Manager APPROVED AS TO FORM: CONTRACTOR: SONIA R. CARVALHO City Attorney B onathan T. Martine Brandon Elrod Assistant City Attorney President RECOMMENDED FOR APPROVAL: Nabil Saba, PE Executive Director Public Works Agency Page 10 of 10 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES TABLE OF CONTENTS I. GENERAL MAINTENANCE OPERATIONS A. General Operations 5 B. Specialty/ Sports Areas 6 1. Sand Court Areas 6 2. Hard Surface Areas 7 3. Bicycle Trails/AC Walkways 7 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails 7 5. Parking Lots, Bike Trails, and Roads 7 II. IRRIGATION A. General Information 9 B. Water Management 9 C. Maintenance 11 D. Repair 13 E. Personnel 14 F. Materials 14 III. TURFGRASS A. Maintenance —Overview 16 B. Inspections— Sports/Priority Turf 18 C. Casual Turf 18 D. Sports/Priority Turf 19 E. Renovation Process 21 IV. EDGING AND DETAILING A. General Specifications 23 V. GROUNDCOVER A. General Specifications 24 VI. SHRUBS RFP 23-151 Landscape Maintenance Services Page 21 of 135 (9) CITY OF SANTA ANA A. General Specifications 26 VI I. VINES A. General Specifications 28 VIII. TREES A. General Specifications 29 B. Trees Under 15 Feet 30 IX. LAKE MAINTENANCE A. General Specifications 32 X. PEST CONTROL A. General Specifications 33 B. Procedure 33 XI. WEED CONTROL A. General Specifications 36 B. Weed Control of Hard Surfaces 36 C. Weed Abatement of Fallow or Undeveloped Lands 36 XII. LITTER AND DEBRIS MANAGEMENT A. General Specifications 38 B. Schedule 38 C. Pressure Washing 39 XIII. HOMELESS TASKS/ CLEANUP A. General Specifications 40 XIV. DRAINAGE APERTURES A. General Specifications 41 XV. PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 42 XVI. GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 43 XVII. REPORTS AND SCHEDULES A. General Specifications 44 B. Reports 44 RFP 23-151 Landscape Maintenance Services Page 22 of 135 CITY OF SANTA ANA C. Schedules 45 XVIII. IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 47 B. Irrigation Schedules 47 XIX. CIVIC CENTER A. General Specifications 48 B. Annual Color Planting and Maintenance Specification at Civic Center 49 C. Vandalism 50 D. Quality of Life Team (QOLT) at Civic Center 50 XX. LAWN BOWLING A. General Specification, Lawn Bowling 53 XXI. CENTENNIAL PARK A. Centennial Park 55 XXII. VACANT LOTS A. Vacant Lots 56 XXIII. SANTA ANA STADIUM A. Santa Ana Stadium 57 XXIV. SANTA ANA ZOO A. Santa Ana Zoo 58 RFP 23-151 Landscape Maintenance Services Page 23 of 135 CITY OF SANTA ANA SECTION I GENERAL MAINTENACE OPERATIONS This section establishes overall daily contract requirements that the Contractor shall perform unless otherwise specified in later sections. Other specifications given per section are to be utilized as unexpected situations arise and clarification of service is required. It is Contractor's obligation to fully understand the grounds' landscape specifications. Additionally, for all mulch and compost needs that are necessary for Landscape Maintenance, the City's Refuse Contractor Republic Services shall provide freee mulch and compost for all City projects. For all other mulch and compost that requires the Contractor to procure, the the Contractor shall: • Use Compost and Senate Bill (SB) 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovations, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). • Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to the City's Solid Waste Enterprise annually upon request. Information to be provided shall include: o General description of how and where the product was used and applied; o Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; o Quantity and type of each product; and o Invoice or other record demonstrating purchase or procurement A. General Operations 1. All areas shall be inspected daily and be maintained in a neat, clean, and safe condition at all times. 2. All drinking fountains shall be checked weekly and kept clean. Clean is defined as free of standing water, disinfected, free of calcium deposits or other encrustations, well-polished, and with drains/collectors cleaned of silt and debris. 3. All sidewalk areas within maintained areas shall be clean and cleared of debris at all times. 4. All leaves, paper, trash, and debris shall be removed from landscape and hardscape areas daily and disposed of offsite. 5. Trash cans provided by the City shall be emptied daily and washed after emptying when necessary, as determined by the City Representative (CR). All tops/lids shall RFP 23-151 Landscape Maintenance Services Page 24 of 135 CITY OF SANTA ANA be wiped clean weekly. All missing lids shall be reported immediately. 6. All concrete drains and other surface drains under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow daily. 7. All other drainage facilities shall be cleaned of all vegetation and debris daily, or as necessary. 8. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be immediately made safe and reported to the CR. 9. All barbecue grills, and hot coal containers, shall be emptied of all ashes twice weekly, once on Thursday and once on Sunday mornings. 10. All park benches, picnic tables, play equipment, and band shells shall be steam cleaned or pressure washed per the pressure washing schedule and specifications. Sanitization may vary with use. 11. Reserved picnic sites are a top priority. These sites shall be cleaned and blown by 8:00 a.m. daily, including weekends, holidays, and other times if deemed necessary. Pressure washing will be on a schedule, refer to the pressure washing section, but may require additional pressure washing as determined by CR. 12. The contractor shall spray monthly in all listed areas to control weed growth. 13. The contractor shall check all dog bag dispensers daily, and restock them as necessary. The contractor shall report missing and/or broken dispensers, on the same day, to the CR. The bags shall be provided by the City. 14. All tree limb failures shall be reported to the CR and collected along with any debris within 72 hours. 15. Six-Month Service: a. On January and July of each year the Contractor shall change out old flags and replace them with fresh, new all-weather flags to be provided by the City. Contractor shall follow all flag etiquette regarding the proper care, storage, delivery, and replacement of our American, City, and any other flags. Contractor shall deliver the old and worn flags to the the Park Services Inspector so flags properly folded and cared for. 16. Contractor shall inspect the basketball courts and tennis nets, and replace if required. The City will provide these materials. B. Specialty/ Sports Areas 1. Sand Court Areas These areas include tot lots, play areas, volleyball courts, etc. a. All sand areas, including tot lots, shall be cleaned with a basket sand rake to remove leaves and debris and leveled daily. The use of hand- held or backpack blowers or other devices shall not be substituted for raking. b. Sidewalks adjacent to tot lots must be swept or blown daily. Care should be exercised to avoid any patrons using the tot lots. Contractor shall decide when to schedule maintenance activities around their use. RFP 23-151 Landscape Maintenance Services Page 25 of 135 CITY OF SANTA ANA c. All areas shall be kept free of weeds at all times. d. There shall be no spraying of weeds in sand court areas. e. Areas shall be edged and the turf surrounds maintained. If sand berms accumulate in turf, they must be removed and replaced with sod. f. All sand areas shall be rototilled monthly, at least three (3) weeks apart, to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand (approximately 12"). After rototilling, all areas shall be raked level. g. Sand shall be replenished as necessary to maintain optimum level in each area. Generally, six inches (6") below the top of the concrete curbing is acceptable. However, dependent upon play equipment footing, the final level shall be determined by CR for each area. Sand will be provided by the City but spread and leveled by the Contractor. h. In the event of storms and periods of excessive rainfall, or the sand court areas become flooded resulting in standing water, the Contractor shall remove the water immediately, as directed by the CR. Water shall be discharged to a safe area. 2. Hard Surface Areas These areas include concrete sidewalks, medians, skate parks, tennis courts, handball courts, basketball courts, bicycle trails, asphalt concrete (AC) walkways, and bandshells. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept or blown daily to remove all deposits of silt, sand, glass, and all foreign objects. c. All sports courts, stages, and bandshells shall be power washed per the pressure washing schedule, or as needed. The contractor will work with the CR to determine the schedule. d. Cracks and crevices must be kept free of weeds at all times. e. Sidewalks should be blown daily, reference Section A., General Operations, No.3. 3. Bicycle Trails/AC Walkways Special emphasis shall be placed on chemical edging along these areas to prevent damage to asphalt by vegetation. All such damage shall be repaired at Contractor's sole expense. 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails RFP 23-151 Landscape Maintenance Services Page 26 of 135 CITY OF SANTA ANA DG walkways and trails require additional attention to be properly maintained. The two (2) most common conditions are an uneven surface and lack of moisture. Both issues can make the material unstable and sand-like, creating an unsafe surface. a. The integrity of the surface must be kept intact at all times. b. The contractor shall perform daily inspections of DG surfaces. c. Borders of DG areas shall be kept in proper repair and well-defined at all times. d. DG areas shall be kept free of weeds at all times. e. Monthly maintenance of DG areas shall be according to industry standards. f. Contractor shall immediately repair any DG areas where holes or ruts are apparent, or where the surface becomes uneven. g. Materials will be supplied by the City to maintain the integrity of the product. 5. Parking Lots, Bike Trails, and Roads These areas include parking lots and roads located within the boundaries of the parks, or areas directly adjacent to parks, and whose primary purpose is to provide vehicle parking for patrons. Street parking areas that are not meant specifically for park users will not be included in this section. Areas in doubt should be clarified with the CR. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept, blown, and/or vacuumed weekly to remove all debris and deposits of silt and/or sand and glass. c. Cracks and crevices shall be kept free of weeds at all times. d. Illegally dumped foreign substances, such as motor oil, shall be properly cleaned immediately. RFP 23-151 Landscape Maintenance Services Page 27 of 135 CITY OF SANTA ANA SECTION II IRRIGATION The irrigation system consists of all components from the outflow side of the meter. The Contractor shall control the irrigation programming components with the coordination of the CR, while the CR will control those components operated by the central programming software Calsense. All manual control systems shall be directly overseen weekly, and in a manner, which allows the irrigation specification to be completed. Contractor shall employ a certified irrigation specialist per district, Zoo, and Civic Center. A. General Information Water management within the City landscape maintenance areas is guided by the following parameters: 1. Application of water to landscape plants at a rate closely matching the demands of plant material; 2. Minimizing runoff; 3. Water conservation and plant health are given equal consideration; 4. Roadway condition and safety; 5. Safe surfaces for community use; 6. Water budget; and 7. Plant health. B. Water Management Water conservation is a top priority for the City and shall be incorporated into all irrigation programming. The irrigation schedule is dynamic and regularly needs to be altered to meet the needs of the City landscape. CR shall determine the schedule and Contractor shall program the controllers to meet this schedule. Landscape irrigation is currently being switched to Calsense Central Control. It is intended that the City will perform water management responsibilities within the central control system. 1. City of Santa Ana irrigation system includes: a. Battery controllers (Hunter Nodes) in valve boxes b. Non-centrally controlled manual clocks c. Hydraulic valves d. Thermal valves e. Quick coupler systems f. Electric valves g. Solar-powered controllers (Leit) RFP 23-151 Landscape Maintenance Services Page 28 of 135 F Y CITY OF SANTA ANA 2. Controller programs shall incorporate the following: a. Calsense Central Control software shall be exclusively utilized for all controllers with available connections. Field checks shall be required to verify the success of programming as it applies to a specific location. Field checks will be the responsibility of the Contractor, who will report to CR. b. Water must be conserved while meeting the needs of the plant material. c. The City of Santa Ana Water Department (SAWD) management requirements shall be followed unless the CR approves an alternate schedule. d. Contractor shall avoid weekend watering unless approved by CR. e. Contractor shall water deeply and infrequently for all tree and shrub applications. f. Contractor shall utilize cycle/soak principles to encourage deep rooting of all plant material, especially turf. g. Evapotranspiration (ET) rates shall be utilized when considering programming. h. Contractor shall minimize runoff onto streets, sidewalks, and other non-target areas. i. Contractor shall provide sufficient time for the soil to dry out between irrigations. j. Contractor shall maximize community use of City property. k. Contractor will alter the irrigation programming to accommodate the field renovations to promote seed germination and establishment. 3. Irrigation systems shall be programmed to water between 10:00 A.M. and 6:00 P.M. (Monday- Friday) unless otherwise approved by the CR. 4. Contractor shall be responsible for programming all controllers (light energized Irrigation Technology, field controllers, battery-operated controllers, manual systems) not integrated into the central control system. 5. Program changes for the manual (non-centralized) controllers shall be done the same day of notification by the CR and changed per CR specification. 6. Verification of the updated irrigation schedule shall be the responsibility of the CR. The contractor shall work with the CR to ensure all programming changes have been entered and verified on the electronic programming log. 7. Contractor shall set and maintain the programming for the manual irrigation controllers to meet the criteria as stated above. The City reserves the right to inspect and monitor those settings and make recommendations to the Contractor. In case of a dispute, the CR will make the final determination. Any discussion of this type shall be recorded by the Park Inspectors on the work order form and kept on file. 8. In the event that any of the components of the irrigation system fail to provide full and proper coverage, Contractor shall provide alternate irrigation with full and proper coverage to all areas in the worksite at no extra cost to the City. 9. The controller program shall be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with the established Irrigation Association (IA), Metropolitan Water District (MWD), and Santa Ana Water Department (SAWD) guidelines recognized throughout the industry. RFP 23-151 Landscape Maintenance Services Page 29 of 135 „Y CITY OF SANTA ANA 10. Any damage created by improper irrigation practices or neglect shall be the responsibility of the Contractor to correct, at sole cost to the Contractor. 11. No watering shall occur during the daylight hours unless associated with a repair, audit, manual system operation, or an alternate schedule is approved by the CR. 12. The operation of manual irrigation systems shall occur daily, Sunday through Monday, between 6:00 A.M. to 6:00 P.M. 13. All program changes shall be recorded on the electronic Irrigation Controller Program Log by Contractor. 14. City shall compare water meter readings to ensure that there is no excessive water use in any of the Contract areas. Contractor must meet with the CR to review these reports as necessary, or as directed by the CR. 15. Contractor shall turn off programmed irrigation systems immediately during periods when extreme rainfall exists or is predicted, and other times when suspension of irrigation is desirable to conserve water, as directed/approved by the CR. 16. Any time the irrigation system(s) are shut down for any reason, Contractor shall notify the CR immediately. Once CR acknowledges the necessity to turn on the water once again, controller activation shall begin within five (5) working days. 17. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for the greatest potential runoff. C. Maintenance 1. Contractor shall diagnose, maintain, and repair all irrigation components downstream of the remote control valve (RCV). The Contractor SHALL be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no additional cost to the City. Contractor will repair or assist in repairs for components downstream of the meter through Additional Extra Work (AEW). 2. Irrigation maintenance shall include, but not be limited to operation of the system, adjustments, repairs, modifications, improvements, testing, analysis, and other work as required. Some examples of regular maintenance include the function of electrical systems, backflows, controllers, valves, head alignment and spacing, and wiring operation. a. Components include but are not limited to irrigation controller, remote control valves, main and lateral lines, fittings, risers, sprinkler heads, quick couplers, drip systems (subsurface and surface), master valves, flow sensors, valve boxes, fertilizer injector systems, and tree watering systems. 3. All areas shall be irrigated to maintain specified growth and appearance determined by CR. 4. Handsets (Calsense, LEIT) may be required to operate the controllers. These will be supplied at Contractor's expense. 5. Proper alignment (vertical straightness, operational height of nozzle) will require raising/lowering/leveling of the sprinklers and shall be done at Contractor's sole expense. 6. Plants blocking the sprinkler pattern will require the technician to mark the plant material with paint and coordinate the trimming/removal with the CR. RFP 23-151 Landscape Maintenance Services Page 30 of 135 p CITY OF SANTA ANA 7. Automatic controllers and/or enclosures shall be locked while unattended. Locks are initially supplied by the City, if lost or reckless the Contractor is responsible to replace with same or higher quality locks at their expense. City will replace worn or deteriorating locks. 8. All enclosures, including valve, controller, booster pump, etc., shall be kept free of all insects, rodents, and rust. Damage caused by insects, rodents, or rusting shall be repaired within five (5) calendar days at Contractor's expense. 9. All drip line valve filters shall be cleaned twice per year in February and November of every year. 10. All subsurface apertures shall have permanent lids affixed at all times and shall be kept free of overgrowth. Apertures include valve boxes, controllers, electrical and cable boxes, manholes, and backflow devices. 11. Weekly Priority/Sports Turf irrigation audits shall be completed and electronically submitted to CR. 12. Should the CR be called upon to diagnose an irrigation problem that is Contractor's responsibility, the City's labor and material costs incurred will be deducted from the monthly payment to the Contractor. 13. All irrigation evaluation work requires a notification sign to be present for the duration of the work. 14. All sprinkler heads and emitters shall be adjusted to maintain proper coverage to ensure adequate flow. Adjustments shall include, but not be limited to actual adjustments to heads; cleaning and flushing heads, nozzles, lines, and screens; and removal of obstructions. 15. All irrigation systems shall be tested and inspected a minimum of one(1)time per calendar year quarter (Jan-Mar, Apr-Jun, Jul-Sep, Oct-Dec), regardless of controller type, and an electronic audit form shall be used to submit the results to CR quarterly by the 10th day of the month following that period (e.g., April 10th, July 10th, October 10th, and January 10th). Any requested changes shall be submitted for approval before implementation. a. An exception to the aforementioned is any battery-operated valve, which shall be inspected two (2) times per year. D. Repair 1. Contractor shall continually monitor and perform any necessary repairs from the outflow side of the meter. 2. City will provide materials to replace the RCVs and mainlines, see Section 2.6, Materials for the process. 3. The Contractor shall be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no extra cost to the City. Contractor shall make repairs to the satisfaction of the Director's Representative (DR). Contractor shall make repairs within 24 hours of being on notice of deficiencies to the lateral lines and/or rotors/heads. 4. Contractor shall contact the CR regarding structural failures after the meter (e.g. RFP 23-151 Landscape Maintenance Services Page 31 of 135 CITY OF SANTA ANA backflows, main and lateral lines, valves, central control, etc.) within twelve (12) hours of occurrence. Repairs requiring additional funds shall be proposed within 24 hours by contacting the CR. 5. All damage resulting from Contractor's operations shall be repaired or replaced before the end of the workday at the Contractor's sole expense. 6. All third-party damage or other needed repairs shall be completed by the Contractor, as indicated in the Specifications, and paid for by the City on a cost-per-repair basis. Repairs to the irrigation system shall be completed within 24 hours of approval by the CR on any component damage, including, but not limited to, broken irrigation lines and tubing, defective or broken valves, sprinkler heads, emitters, sprinkler head relocations, and other modifications as necessary. 7. If not able to make irrigation repairs in a timely manner, Contractor shall be responsible for watering all areas manually. 8. In addition to quarterly testing, all irrigation systems shall be tested and inspected daily if necessary, when damage or malfunction is suspected, observed or reported. a. Contractor shall repair malfunctioning controllers, quick couplers, manual or automatic valves, and sprinkler heads within twelve (12) hours of receipt of the verbal or written notice unless the field condition does not allow or per the direction of the CIT (City Irrigation Technician). b. Contractor shall correct deficient or irregular irrigation systems and equipment as necessary following verbal notification from the CR. c. Irrigation checks must be done immediately if plants begin to wilt, defoliate or change color. 9. All Sports/Priority Turf irrigation repairs shall be made within four (4) hours of approval by the CR. 10. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment will be made by the City nor billed by Contractor for repairs on equipment covered by the warranty. 11. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in irrigation frequency. Costs will be determined from comparisons of usage with historical usage for the same time period and be presented to the Contractor for review before deduction of payment. E. Personnel Contractor shall provide dedicated irrigation a personnel to the Contract Area, District 1, District 2, District 3, District 4, Civic Center, and the Zoo; whose primary and sole function shall be to properly operate, monitor and maintain the irrigation system within the listed Contract Areas Personnel shall be: 1. Fully trained and knowledgeable in all phases of the landscape irrigation system, including central control, site controllers, component maintenance, repair, and adjustment, and familiarity with all brands and models of irrigation equipment used within the City; 2. Personnell shall be knowledgeable of and proficient in current water management RFP 23-151 Landscape Maintenance Services Page 32 of 135 concepts; CITY OF SANTA ANA 3. Capable of performing irrigation audits and providing a report; 4. Capable of taking direction from several City personnel, but particularly accountable to the City Irrigation Technician and the area gardener; and 5. Capable of verbal and written communication in a professional level of English. F. Materials The City shall supply irrigaton materials and supplies. However, there will be occasions when a repair is necessary and the City is out of inventory. In these cases, Contractor shall be required to supply the materials. Contractor is responsible for repairs, including but not limited to, irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems' remote-control valves (RCVs) at no extra cost to the City. 1. City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises this option, the following conditions will apply: a. All City purchases will be for the sole use of and for the City. b. Contractor shall secure and store inventory, distribute and control all material entrusted to its representatives. All materials and inventories shall be made available to the City upon request. c. All material given to the Contractor shall be inventoried by location using the electronic work order system. The replaced part shall be returned to the City to remove the replacement part from the outstanding inventory. 2. All replacement materials shall be original types and models unless a CR approves a substitute. 3. Contractor shall maintain, at no additional cost to the City, an adequate inventory of medium- to high-usage stock items to repair the irrigation systems. 4. Contractor shall implement repairs under all warranties. 5. All invoices, AEW, shall state labor and material costs. 6. The actual cost of all materials passed onto the City shall include the following: a. Wholesale cost (retail costs minus Contractor's discount) b. Applicable sales tax c. A markup of 10% maximum for all overhead costs and profits 7. The wholesale cost shall be the actual cost paid by Contractor reflecting the best price, including any discount given to Contractor (written receipt submitted with billing) 8. At no time shall the cost of materials exceed the retail cost from the current price list, minus any discounts. RFP 23-151 Landscape Maintenance Services Page 33 of 135 (9) CITY OF SANTA ANA The City desires to establish and maintain safe, healthy, well-suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. RFP 23-151 Landscape Maintenance Services Page 34 of 135 CITY OF SANTA ANA SECTION III TU RFGRASS The City desires to establish and maintain safe, healthy, well-suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. A. Maintenance—Overview Turf care shall be differentiated by the two (2) types of turf - "Casual" and "Sports/Priority" Turf. When the word "Turf" is not preceded by the word "General" or the word "Sports/Priority," it applies to both types of turf. 1. Casual Turf Mowing All "casual' turf(non-sport/priority turf) shall be mowed every other week, from October 31 st to February 28th of each year. "Casual" turf shall be mowed each week from March 1st to November 1st of each year. Each year the DR will select the dates in mid-November and mid-March when the Contractor shall transition from every other week mowing to once-a-week mowing. The Contractor shall use Kubota L5060 tractors, or approved equal, equipped with turf-type tires and tractor- powered Trimax ProCutS3-237 91" rotary mowers for the large turf areas greater than 69" wide and Trimax ProCutS3-178 69" rotary, or approved equal, detail mowers for areas between trees and other park amenities. The DR shall determine the height of the cut. 2. Sport/Priority Turf Mowing All "priority" turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2"- 3/4" unless approved by CR. To achieve a quality cut at this height and not leave clippings, the Contractor will perform a first cut using a rotary mower with clipping catching capability, followed by using a Kubota L5060 tractor equipped with turf-type tires and tractor- powered Trimax ProCutS3-237 91" rotary mower, an approved fairway or greens mower for medium size areas and a walk behind Jacobsen Eclipse2 reel mower for small areas. Note that the Contractor shall perform quality sports turf mowing and detailing to the DR satisfaction regardless of the equipment and methods the Contractor uses. The DR shall direct the Contractor to mow the priority turf lower than 1/2", if necessary. Note that the Ball Diamond Infield Maintenance Contractor shall be responsible for mowing turf infields, including foul territory turf areas, 36" beyond the skinned infield arc, and other designated ball diamond turf areas. Infield maintenance shall not be a part of this agreement. 1. The contractor shall maintain mowers that provide a smooth, even cut without ridges or depression and without tearing off the leaf blades; including sharp blades on all mowers. 2. All factory safety equipment must be fully operational. 3. The mowing schedule may be altered due to weather and/or other conditions upon approval from the CR. 4. Mowing shall be completed during one (1) single-day operation per given area. 5. The contractor shall not mow areas where the soil is over-saturated. 6. All litter shall be removed from the turf before each mowing. RFP 23-151 Landscape Maintenance Services Page 35 of 135 CITY OF SANTA ANA 7. Mowing shall be performed at the speed the mower's manufacturer specifies to maximize the quality of the cut. The emphasis shall be on quality mowing vs. speed and unprofessional patterns. 8. Mulching mowers shall be used to mow General Turf grass areas. Recycling blades and/or recycling decks shall be used in all areas where grass clippings will not be picked up. 9. Excessive clipping debris, as determined by the CR, shall be removed and disposed of offsite at the Contractor's expense. 10. String trimmers shall not be used for mowing turf. 11. Turf shall be mechanically trimmed with a grounded blade edger at the same time as mowing during the seasonal mowing cycle (twice per month in winter, once per week in summer). 12. The areas requiring edging shall include all hardscapes adjacent to turf, including sidewalks, curbing, planters, grave markers, historical plaques and markers, and other concrete entities, asphalt, concrete, paved areas, and DG. 13. All edging shall be done in a way as to not damage any hardscape entities. 14. Other fixtures such as but not limited to valve boxes, utility boxes, cleanouts, drains, signs posts, poles, benches,tables, and building foundations can be edged with the use of string trimmers, once an edging pattern has been properly established using an edger or sharpened shovel. Should the edged area begin to deform, CR shall direct the Contractor to repeat the detail process. 15. Property damaged by string trimmers or mowers shall be replaced/repaired immediately. 16. Sidewalks and other hard surfaces shall be properly cleaned after each edging, including grass stains or marks from the mowing process. 17. Trimming of grass around trees or planter beds in the turf area (12 to 24-inch distance from the object) shall be performed during the seasonal mowing cycle in such a manner as to avoid damage to the plants. a. Chemical edging and trim pattern establishment using a blade edger shall be completed when grass encroachment is within six (6) inches of the trunk or planter bed. 18. Any mechanical damage to tree trunks which is considered Contractor neglect shall result in a replacement planting, at the discretion of the CR. 19. Refurbishment of damaged turf due to Contractor negligence, including poor irrigation management, irregular turf evaluation intervals, and/or Contractor error shall be completed within seven (7) days of discovery and notation. 20. Turf shall be maintained within 6-12 inches of all appurtenances (e.g. walls, fences, transformers, etc.) 21. Detail lines shall be made straight and shall be maintained straight. 22. The contractor shall fill all divots, depressions, and uneven areas with sand, as directed by the CR. 23. The City reserves the right to require the Contractor to apply plant dye on specified plant material within 24 hours of notification to the landscape that has been stressed due to the Contractor's neglect. The dye will be applied at no additional cost to the City. RFP 23-151 Landscape Maintenance Services Page 36 of 135 ��v aw CITY OF SANTA ANA B. Inspections—Sports/Priority Turf The contractor shall inspect the sports fields or play areas daily. 1. All sports fields shall be kept at a level grade to provide a uniform height of turfgrass, by topdressing low places with clean sand. a. Depressions over 1" in depth, which lack turfgrass cover, shall be filled with weed-free soil to the existing grade. Rototilling may be prescribed by a CR. 2. The contractor shall inspect the sports fields or play areas for proper water drainage away from the playing surface. If drainage is not evident, irrigation programming in the affected area shall be required to prevent landscape failure. The contractor shall contact the CR for the proper irrigation management strategy, which shall be programmed within 24 hours. 3. The contractor shall inspect the sports fields or play areas for hazardous holes or depressions that may cause a player to trip. Those found shall be filled as directed in Section 3.2.1.an above. 4. The contractor shall remove stones and other debris that may interfere with play or cause injury. 5. The contractor shall inspect the sports fields or play areas to see that the soil absorbs irrigation and rain rapidly enough to provide reasonably good footing on the surface of the area. If improvement is indicated by the CR, Contractor shall contact the CR for direction. 6. The contractor shall inspect the sports fields or play areas to see if the turf surface is being irrigated evenly with a reasonable amount of water. Irrigation programming for Sports/Priority Turf is at the highest tier (Tier One—Turf Irrigation Reduction Priority Key). C. Casual Turf The scope of work for General Turf includes the following: 1. The mowing schedule shall be once per week from March 1 to October 31 and once every other week from November 1 to February 28, Monday through Friday of each week specified. 2. Not more than 1/3rd of the total leaf length shall be removed per mowing. 3. Mowing shall be completed in one (1) operation. 4. Turf shall be aerified a minimum of one (1) time annually in March using a solid tine aerator to a minimum depth of three (3) inches. 5. Casual Turf shall be renovated-overseeded one time per year, April through May. All seed quantities and types specified with either Kikuya or Marathon fescus shall be verified by the DR prior to any applications. The process for renovation-overseeding shall be as follows: 6. The turf shall be flailed down to '/4". All turf clippings shall be removed. 7. The contractor shall flag/mark all irrigation and site amenities and shall avoid hitting/damaging them with the aeration equipment. Any damage caused to the irrigation or other site amenities shall be repaired/replaced at the Contractors' expense. 8. The contractor shall coordinate with the CR to irrigate the causal turf to allow greater penetration for the aerator. RFP 23-151 Landscape Maintenance Services Page 37 of 135 CITY OF SANTA ANA 9. The turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). Contractor shall make two- passes in different directions per the DRs direction. 10. Contractor shall coordinate with the CR to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. 11. Once the CR verifies that the irrigation system is working efficiently, the Contractor shall overseed the turf using Stover Seed Company's AZ-1 Kikuyugrass or Marathon Fescus at a rate of 30 pounds per acre. During the germination period, the Contractor shall assume responsibility for programming the irrigation controller(s) to assure 100% germination of seed. 12. Immediately after overseeding the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination of seed. 13. The intent of overseeding is to have 100 percent turf coverage, re-seeding in bare spots shall include seed topper. 14. Cutting height shall be 2-2.5 inches, with final determination to be made by the CR. D. Sports/Priority Turf The Sports and Priority fields to be considered for this section are listed in Appendix II.This list is dynamic and will have fields added and removed periodically. The scope of work for Sports and Priority Turf includes the following: 1. Contractor shall mow once per week, all year. a. This may require mowing athletic fields when the rest of the park is not being mowed. 2. Contractor shall vary the height of cut depending upon the season, grass type, and growing conditions. The specific cut will be determined seasonally by the CR, but shall not be altered once the height has been determined for the season. a. Mowing height for warm season turf shall be .5-1.5 inches, with the CR guiding cutting height depending on the machines used. 3. Sports/Priority Turf in this Contract shall be mowed using a power-driven fairway reel mower or fine cut rotary mower. The quality of the cut will be determined by the CR and changes may be required if minimum standards still need to be met. 4. The mowers shall be maintained and sharpened to provide a smooth, even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions. 5. Contractor shall perform alternate mowing patterns to prevent wheel ruts. If ruts are made, the Contractor shall make repairs at its sole expense. a. Repairs for deep ruts may include sod-cutting of damaged areas, leveling of subsurface soil, and replacement of sod. b. Field may be taken out of play due to rutting, and the deductions for lost time shall be subtracted from the monthly payment to the Contractor. 6. Sports Fields Overseeding shall be renovated-overseeded each year per the Sports Annual RFP 23-151 Landscape Maintenance Services Page 38 of 135 CITY OF SANTA ANA Schedule. The DR shall verify all seed quantities and types specified in the contract before any applications. The process for renovation-overseeding shall be as follows: 7. Renovation downtime schedules effectively take the Sports Turf area out of service for several weeks (the schedule to be determined by the CR for a duration of 10 weeks). The goal of this period is to restore worn and damaged turf. This renovation procedure includes core aerification, fertilization, seeding, and grade restoration. These procedures shall be included in the cost proposal. A typical renovation includes: 8. The contractor shall install a 6' high temporary construction fence with stands around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeded in accordance with the park map depicting the sport/priority turf areas. Perimeter fencing shall be placed at the direction of the CR to avoid sprinkler damage and provide 100 percent water coverage. See aerial maps of sports field locations. 9. Turf shall be mowed down to '/4"-1/2 ", or determined by CR. All turf clippings shall be removed. 10. Turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). The contractor shall make two passes in different directions per the DRs direction. 11. Turf shall then be vertical using the Kubota L5060 tractor equipped with turf-type tires and the Trilo VCU 200 Verticut implement. Following verticutting all turf clippings shall be removed. 12. The contractor shall coordinate with the CR to confirm that all irrigation has been tested and restored to original design specifications before overseeding. 13. Immediately after overseeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. 14. Once the CR verifies the irrigation system is working efficiently, the Contractor shall overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 65 pounds per acre; and, b) Stover Seed Company's Pro Sportsfield Supreme in the spring/summer at a rate of 65 pounds per acre. The contractor shall overseed all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser. 15. Immediately after overseeding the Contractor shall apply'/4" minus STA-approved compost topper from R&S Soils to all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser. 16. Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize the germination of seed. Once the renovation process is complete, the Irrigation Consultant shall retake control of the irrigation programming. 17. Plugs/cores shall be removed, or broken up (drag mat, mower) and spread over the Turf area being treated, at the time of aeration, to the satisfaction of the CR. 18. Flags identifying irrigation shall be removed by Contractor immediately after aerification. 19. City-supplied signs indicating a field renovation is in progress shall be posted. 20. The contractor shall secure all the seed materials at the beginning of the season in RFP 23-151 Landscape Maintenance Services Page 39 of 135 CITY OF SANTA ANA advance to avoid shortages or"out of stock" scenarios. E. Renovation Process Shall have the CR, unless approved otherwise, during the rennovation process: 1. Day 1 a. Irrigation audit, ensure coverage and adjust sprinklers heads to 1/2:" below grade. b. Aeration (the Kubota L5060 tractor equipped with turf-type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal)) 2. Day 2 a. Scalping and vertical cutting. b. Following verticutting all turf clippings shall be removed. 3. Day 3 a. Apply seed and drag-in to level surface, coordinate with CR to verify seed type and quanitites b. Immediately after over-seeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. c. Apply light topper dresser (apply '/4" minus STA-approved compost topper from R&S Soils) 4. Day 4 a. Coordinate with CR for the watering program 5. Day 5 - Completion a. Inspect daily and monitor germination. In the last two (2) weeks of the rennovation period, the mowing shall be done in intervals. RFP 23-151 Landscape Maintenance Services Page 40 of 135 SECTION IV EDGING & DETAILING A. General Specifications 1. All edging shall be performed with the use of a gas-powered blade edger or CR-approved substitute. Stick edgers shall not be used. 2. Chemical edging is allowed along edges such as trees, fence lines, curbs, etc., as directed by the CR. The contractor shall not use chemical edging in areas not authorized by the CR. 3. If chemical detailing is performed, the Contractor shall use a string trimmer to remove the treated vegetation within one (1) week after symptoms of phytotoxicity become recognizable. a. Plants (i.e. trees, shrubs, groundcovers, annuals) with noted phytotoxic damage from an herbicide edging treatment shall be removed within one (1) week of observation and replaced with like-sized plants. 4. The contractor shall detail turf no further than 12 inches away from all hard surfaces, including walls, fences, curb lines, roadways, pathways, and landscape surfaces (e.g. trees, shrubs, beds, etc.). a. Detail lines shall be made straight and shall be maintained straight. 5. The contractor shall supply, at Contractor's own expense, replacement plants to reduce any existing bare soil areas along walls and fences that are wider than 12 inches that have been caused by the Contractor's neglect. 6. Edging/detailing shall be performed at the same time mowing occurs. 7. All edging/detailing shall be performed with the use of a McClain's edger or an approved substitute walk-behind or fixed blade stick edger. The contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. 8. The Contractor shall detail around trees, along walls/fences, and other amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform, the Park Services Inspector Supervisor shall direct the Contractor to repeat the detail process. Shovel-cut detailing shall be repeated as often as necessary to maintain crisp evenly round/straight lines. In the event that the circle becomes too great, the DR shall direct the Contractor to sod the area around the tree at the Contractor's expense to the size instructed by the Parks Services Inspector Supervisor. RFP 23-151 Landscape Maintenance Services Page 41 of 135 SECTION V GROUND COVER The City's goal is to encourage the proper care and growth of groundcovers, maintained within the confines of their growing areas, free of weeds and without a prevalence of bare spots or unhealthy plant material. Groundcover beds should create a natural, pleasing appearance in all areas. A. General Specifications 1. Groundcovers shall be pruned and maintained according to accepted industry practices and consistent with the intended use. 2. Groundcovers adjacent to hardscape such as sidewalks, walkways, playgrounds, sport courts and parking lots shall be edged weekly in one (1) operation with the turf edging. 3. In locations where turf is not present (i.e. parks, medians, empty lots), groundcovers shall be edged monthly, or as determined by the CR, to present a clean and neat appearance and to keep the plant material from impeding foot traffic. Care shall be taken not to expose bare soil. 4. Edged ground cover will not be allowed to develop a build-up with a sheared face along the sidewalk or curb edges. Groundcover height shall not exceed six (6) inches without a beveled edge (i.e. leaning edge even with sidewalk with lower edge angled inward). 5. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all ground cover beds. 6. Plant material damaged by Contractor-applied herbicides shall be replaced at Contractor's expense. 7. The use of pre-emergent is strongly recommended in areas with overhead irrigation. In some instances, weeds may be removed by mechanical means as approved by the CR. Pre-emergent herbicide cost shall be included in the cost proposal. 8. The contractor shall keep groundcover trimmed back 6-12 inches from all controller units, irrigation heads, valve boxes, quick couplers, up-lighting, or other appurtenances or fixtures. 9. The contractor shall not allow groundcovers to grow up trees, into shrubs, or on structures or walls. The contractor shall keep groundcovers trimmed back approximately 6-12 inches from structures or walls. 10. Any paper or litter that accumulates in ground cover areas shall be picked up daily. 11. Mulch shall be applied to all planting areas two (2) times per year, once in the spring (Apr- Jun), and again in the fall (Sep-Nov). 12. Bare soil areas in ground cover beds shall be replanted or mulched as required. The Contractor shall apply US Composting Council STA-tested approved mulch 3"- 4" minus by 2" thick. a. No bare soil areas are permitted in the ground cover areas. All bare soil areas shall be cultivated to 6" deep weekly while awaiting fresh mulch. 13. Ailing and/or stunted groundcover which fails to meet expected growth shall receive additional nutrient treatments to correct deficiencies or shall be replaced by Contractor at RFP 23-151 Landscape Maintenance Services Page 42 of 135 its expense. If groundcover failure is determined to be due to improper treatment and/or neglect by the Contractor, replacement shall be performed at Contractor's expense within five (5) working days. B. Mulching of Bare Areas 1. In all shrub areas where bare soil is visible, the Contractor shall apply US Composting Council STA tested and approved compost mulch Y- 4" minus by 2" thick minimum twice per year (third week of January and July) and as necessary to maintain uniform and complete coverage. Leaf litter and other organic materials other than mulch shall be removed continuously. a. All bare soil areas shall be cultivated to 6"deep on a weekly basis while awaiting fresh mulch. RFP 23-151 Landscape Maintenance Services Page 43 of 135 SECTION VI SHRUBS The primary objective for maintaining shrubs and other plant material within the City's landscape is to create a natural, aesthetically pleasing appearance throughout all areas. Shrubs to include and not limited to cacti and succulents and other plant material shall be pruned only to allow new growth to develop within the confines of planters and beds and should have soft rounded edges in most applications. The use of powered equipment must be approved before use. A. General Specifications 1. Shrubs shall be pruned quarterly, or as required, for safety, removal of broken or diseased branches, general containment, and appearance. 2. Shrubs shall be pruned, as required, to ensure vehicular and pedestrian visibility and clearance. 3. All bare ground shrub areas, not inter-planted with ground cover, shall be cleaned a minimum of one (1) time per month. Cleaning shall be accomplished without removing significant amounts of any present mulch. 4. Plant material encroaching onto or from City property shall be trimmed back to the property line. At City's discretion, depending on circumstance, plants growing over fences and sidewalks from private property adjacent to contracted areas will also be trimmed back to the property line. 5. All gasoline-powered equipment used for pruning shrubs shall be approved by the CR. 6. Ailing, stunted, and/or dead shrubs, as a result of circumstances beyond the Contractor's control, shall require a proposal for replacement within five (5) working days and shall be restored within one (1) week of obtaining a signed proposal for Supplemental Work. 7. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients, at no additional cost to the City, within five (5) working days of discovery. 8. Shrub failure due to Contractor's neglect or improper treatment shall be replaced, at Contractor's sole expense, with like-kind and -sized plants, within five (5) working days. 9. The contractor shall prune shrubs according to accepted industry practices and consistent with the intended use, as well as to retain as much of the natural informal appearance as possible. Final standards will be the decision of the CR. a. For accepted industry practices, t he Contractor shall refer to the AHS Standards `Pruning and Training' manual, latest edition. b. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance. c. The contractor shall remove any spent blossoms or dead flower stalks as required for a neat, clean appearance. d. Shrubs and mounding shall not exceed two (2)feet in height within areas required for vehicular sight distance, depending on roadway topography. 10. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all shrub beds. The use of pre-emergent is strongly recommended and will be at Contractor's expense. In some instances, weeds may be removed by mechanical means as approved by the CR. 11. Any paper or litter that accumulates in shrub bed areas shall be picked up daily. RFP 23-151 Landscape Maintenance Services Page 44 of 135 12. Mulch shall be applied to all shrub/planter bed areas, including medians, two (2) times per year, once in the spring (Apr-Jun), and again in the fall (Sep-Nov). See mulch specifications Section V, Letter B, Mulching of bare areas. 13. "Box hedging" may be required on some shrubs, as designated by the CR. Shear hedging or severe pruning/trimming of plants, unless authorized by the CR, shall not be permitted. 14. Topping of plants whose natural growth stems from the base of the plant shall not be permitted. 15. The contractor may occasionally be requested to raise the bottom of the shrubs for security reasons. 16. All shrubs without ground cover shall be mulched. No bare ground areas shall be acceptable. RFP 23-151 Landscape Maintenance Services Page 45 of 135 SECTION VII VINES Vines shall be encouraged to grow and flourish by continually maintaining proper care in accordance with AHS Standards. A. General Specifications 1. Vines and espalier plants shall be checked and removed as needed to allow for proper growth. The contractor shall secure vines with appropriate ties to promote directional growth on supports. The contractor shall not use nails to secure vines on masonry walls. 2. Pruning of vines shall be in accordance with good horticultural practices, as defined by the AHS Standards `Pruning and Training' manual, latest edition. 3. Vines shall be pruned only to allow for new growth to develop and to control/direct plant size. 4. No more than 1/3rd of the vines should be pruned at any given time unless directed by the CR. 5. The contractor shall have deep water vines in pockets not provided with sprinklers, as required to promote optimum growth. 6. Weed control shall be applied monthly to control all emergent weeds. In some instances, weeds may be removed by mechanical means as approved by the CR. a. The use of pre-emergent is strongly recommended to control broadleaf and grassy weeds. 7. Any paper or litter that accumulates in vines and surrounding areas shall be picked up daily. 8. Mulch shall be applied to all planting areas two (2) times per year, as necessary, once in the spring (Apr-Jun), and again in the fall (Sep-Nov). 9. Vines shall not be allowed to grow past the designated area. All areas explored by the vine outside of the planting area shall be removed at the Contractor's expense. Any structural damage done by excessive vine growth shall be restored within one (1) week at Contractor's expense. RFP 23-151 Landscape Maintenance Services Page 46 of 135 SECTION VIII TREES It is essential for the City to continue to develop and maintain an urban forest within its parks and backup areas. The contractor shall prune trees to comply with ISA standards and maintain their characteristic shape, density, and texture. The center of gravity, or location of the mass, per tree, is close to the center and close to the ground, enabling the trees to withstand strong winds. Thus, the Contractor shall not thin or "lace out' dense foliage, except for outside branches. The Contract will include a large number of newly-planted trees and reforested areas. Tree pruning specifications for all trees over 15 feet are covered under a separate tree maintenance contract, except for the requirements to raise trees for clearance. A. General Specifications 1. The contractor shall raise all trees, as required, to allow twelve-foot (12') clearance within park boundaries and fifteen-foot (15) clearance above road surfaces for vehicular traffic. 2. All trees shall be pruned as required to remove broken, crowned, dead, hazardous, and infested portions for safety reasons. 3. The CR shall be informed immediately of any hazardous trees. 4. All pruning shall be done by the use of proper tools, per ISA Standards, and disinfected after each tree is pruned to prevent the spread of disease and pathogens from one tree to another. 5. Topping trees shall not be permitted. Any pruning shall be done by those experienced and skilled in pruning techniques. 6. All cuts shall be done using proper horticultural practices. Dressing wounds is not allowed. 7. Tree stakes, ties, and guys shall be checked and corrected or replaced as needed and removed when no longer needed. 8. Ties shall be adjusted to prevent girdling. 9. Under no circumstances shall stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote caliper-retained growth (tapered trunk). The contractor shall contact the CR with any questions or concerns. 10. Downed tree debris, of all sizes, shall be cut up and removed within 48 hours of discovery. The contractor shall be responsible for chipping and green waste disposal. 11. Newly planted trees, either by the Contractor or the City, shall become the responsibility of the Contractor if they fall within the height specification. B. Trees Under 15 Feet 1. The contractor shall prune out branches extending beyond a tree's shape (foliage perimeter). 2. The contractor shall prune to control size and shape. 3. Cuts shall be inside the perimeter of foliage, almost flush with a parent branch, but not harming the collar area. No butts or stubs shall be permitted. Old stubs with an outgrowth of multiple shoots shall be removed. RFP 23-151 Landscape Maintenance Services Page 47 of 135 4. The contractor shall prune off lower branches high enough for traffic clearance. 5. The contractor shall cut out dead, crossing, rubbing branches, and v-shaped crotches. 6. The contractor shall undercut branches over two (2) inches in diameter before final cut is made close to a scaffold (main) branch. Shredded, torn or ripped branches shall be re-cut cleanly. 7. An exposed wound, as where a branch was removed, shall remain exposed. The contractor shall not paint or apply any substance on wounds. 8. Trees close together shall be separated by the removal of intermingling branches. The exception is a large hedge or windbreak consisting of one (1) species. 9. All newly planted or young trees shall be double-staked by the Contractor and secured properly with CR-approved ties. a. The contractor shall use only City-approved staking materials. b. The contractor shall always remove nursery stakes on young trees and replace them with double staking when trunk strength allows. c. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the CR. d. Tree stakes shall be set a consistent distance (minimum six [6] inches) away from the trunk of the tree to reduce abrasion. e. The tops of tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of the main or lateral branches of the tree. 10. A tree too heavy for support by stakes shall have equally-spaced guy wire ties to stakes and shall be inspected for possible removal. The wire shall be on a 45-degree angle with the tree trunk. a. Locations for the use of guy wires shall be determined by the CR. b. Ties shall always allow for tree movement between stakes and tree trunk. c. The contractor shall loosen or remove tree ties upon discovery that ties are too tight before ties girdle a branch or trunk. d. The contractor shall remove stakes or tensioned cables (guy wires) from a tree trunk that is immovable in wet soil. 11. Any tree stakes or ties that are broken, loose, or damaged shall be removed immediately. If the tree is less than one (1) year old or immature and requires continued support, new ties and stakes will be required. 12. Fertilizers, pre-approved by the CR, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar micronutrient applications. 13. All trees located in Casual, Sports/Priority Turf areas shall have 2" of STA approved Y-4" compost mulch installed around the tree ring continuously. 14. The Contractor shall have an ISA Certified Arborist On-call employee able to provide a risk assessment. The contractor will only charge, AEW, the arborist time to investigate and create a risk assessment. The arborist can be asked to meet with residents, the public, or elected officials to discuss tree conditions. RFP 23-151 Landscape Maintenance Services Page 48 of 135 SECTION IX LAKE MAINTENANCE A. General Specifications The lake water quality, algae, and aquatic weed control are maintained by a separate contractor. The Specifications for this Contract include the management of the trash, leaf, and branch debris, and habitat evaluation. 1. The following lakes are to be serviced as a part of this Contract: a. Centennial Park b. Thornton Park 2. Water, lake and stream bottoms, surrounding embankments, riprap areas, and sidewalks shall be inspected daily and kept free of litter and debris at all times. This shall include but is not limited to trash, litter, dead fish, fishing line, bird droppings and/or deceased waterfowl, and un-anchored plant debris. a. Skimming equipment capable of a 20-foot reach shall be required to remove the aforementioned items from the subject lakes. b. The contractor shall remove any dead wildlife immediately, and report to the CR. 3. Park equipment such as trash cans, decorative boulders, and park benches that are periodically placed in the water shall be immediately returned to their appropriate locations, and the CR shall be notified. 4. Excessive leaf drop and other debris which results in reduced stream flow or surface collection shall be removed weekly. RFP 23-151 Landscape Maintenance Services Page 49 of 135 SECTION X PEST CONTROL A. General Specifications Integrated Pest Management (IPM) principles govern the oversight and management of pest pressures. For this reason, biopesticides have been chosen as a primary control method whenever horticultural management criteria deem the anticipated result to be satisfactory. Combined with a sound IPM program, pest control through prevention, cultural practices, exclusion, natural enemies, and host resistance offers the safest, most effective means of producing high-level plant material. The City is concerned with the safety of wildlife and, therefore, the Contractor shall be expressly prohibited from using anything that may result in direct or secondary poisoning and harming of organisms. Contractor shall employ a certified pesticide applicator to implement the IPM specifications. 1. IPM, under this agreement, will apply to planters, tree rings, hardscapes, parking lots, sidewalks, sports courts, etc. Agricultural pest control services for casual, sports, and priority turf shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. 2. The contractor shall manage economic thresholds of plant pests including insects, diseases, weeds, and vertebrate damage, as defined in this section. 3. The contractor shall obtain any necessary permits to comply with City, County, State or Federal regulations or laws to perform such control. 4. By submitting a proposal, the Contractor assumes responsibility and liability for the use, storage, containment, and cleanup of all pest control management materials. 5. Any failure on Contractor's part to abide by City, County, State, and Federal laws or regulations, and the Specifications contained in this section, may result in a default of this Contract. 6. Fines levied against the City as a result of the Contractor's failure to abide by regulations shall be Contractor's responsibility to pay. 7. Contractor shall use all materials in strict accordance with the most current Federal EPA and Cal-DPR regulations, applicable sections of the California Food and Agricultural Code, Title 3, and regulations within the Healthy Schools Act (HSA). 8. The contractor shall maintain the appropriate licenses, and categories within the Licenses, including Pest Control Business License (PCB) and Qualified Applicator License (QAL- categories ABCF). 9. The contractor shall use specified pesticides only. B. Procedure This section shall serve as the primary guideline for pest control operations. Weeds represent the majority of work within this Contract. All applications shall be completed in a safe manner utilizing safety procedures outlined in Appendix A, Terms and Conditions. 1. The contractor shall submit a comprehensive treatment schedule to maintain all working intervals (daily, weekly, monthly, quarterly, and yearly). a. This schedule will be entered as work orders into the City database and closed out after the application has been deemed satisfactory. Completed work orders RFP 23-151 Landscape Maintenance Services Page 50 of 135 shall be indicated by control of the specified pest, not completion of the application. 2. Restricted material applications, and HSA applications, require a notice of intent (NOI) posting to the County Agricultural Commissioner, as well as to the City. The contractor must have written confirmation back from the CR before the start of the application. This written confirmation requirement may be waived upon the completion of successive treatment cycles; notification of this nature will be made in writing to the Contractor via email. 3. The contractor or Contractor's representative shall scout the landscape material for harmful pests regularly and thoroughly. The contractor assumes the primary role in this responsibility. 4. The CR shall inspect all areas of the landscape when infestations of harmful or unwanted pests are located by Contractor and will submit a plan of action to the Contractor. a. A written recommendation shall be issued by the CR to indicate the plan of action when a pesticide is required to be used as a control method. 5. A copy of the monthly Pesticide Use Report (PUR) for all pesticides shall be filed with the County Agricultural Commissioner no later than the 10th of every month for the preceding month. a. A copy of the PUR shall be sent and received by the City at the same time the report is filed with the county. 6. Pesticides shall be applied at times that limit the possibility of contamination from climatic or other factors. a. Early morning application shall be used when possible to avoid contamination from drift. b. All applications shall be scheduled after checking the NOAA weather notification system for potential rainfall. All indications shall be for rain-free weather 48 hours post application. 7. Care shall be taken in transferring, mixing, and applying pesticides to prevent contaminating areas outside of the target area. a. Application methods shall be used to ensure that materials are confined to the target area. 8. Treatment includes the application of the pesticide, as well as the re-entry period following the application. The contractor shall be responsible for maintaining the treatment area throughout the re-entry interval. 9. Spray tanks containing leftover materials shall not be drained on-site. Dumping of tank contents is illegal. a. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code, EPA/DPR regulations, NPDES permit requirements, and all other applicable laws, rules, and regulations. 10. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficacy, it shall be applied in quantities each area is capable of receiving without a runoff. 11. Pruning is an effective prevention of an epidemic of insects and diseases (e.g. pine tree tip moth, juniper twig girdler, tree borers, fire blight). The contractor shall prune away infected RFP 23-151 Landscape Maintenance Services Page 51 of 135 parts and dispose of them off-site. The contractor shall sterilize pruning equipment before moving to the next plant. 12. Handling requirements may apply during transport to another location (e.g. bagging of tree limbs containing borers). 13. Snails shall be controlled regularly by Contractor before becoming an epidemic. Biopesticides containing iron phosphate or other molluscicides, shall be initiated by Contractor early in the infestation. All reasonable precautions shall be used by Contractor to minimize health risks to non-target organisms. The City will not tolerate epidemics of snails. 14. Cleanup of hazardous material releases, to the extent indicated by the governing agency, is the responsibility of Contractor. RFP 23-151 Landscape Maintenance Services Page 52 of 135 SECTION XI WEED CONTROL A. General Specifications A weed is defined as any plant growing in an area where it interferes with the intent and expectation of the landscape. The City expects all areas to have minimum weed populations due to the frequency of management intervals. 1. All weed control material shall be approved by CR prior to using. 2. All weeds shall be addressed, as indicated, in the frequency of management intervals. The Specifications, in general, indicate monthly weed control with a specified herbicide; however, if required to alter the existing intervals for certain areas for higher quality Holi cultural outcomes (e.g. parking lots, planters, sidewalks, etc.) 3. Weed heights of four (4) inches or greater are an indication of improper weed control treatment and/or intervals. Weedy areas will be brought to the attention of Contractor in order to gauge the reason for the deficiency. Remediation of the problem, if deemed a Contract deficiency, shall be within five (5) working days. 4. String trimming, in the absence of chemical treatment, may be used to control a weed population, but satisfactory weed control is measured by both results and the visual aesthetic of the planted area. 5. Manual weed control may be substituted for chemical weed control in some instances to maintain the proper interval (e.g. windy or rainy conditions which prevent chemical treatment). 6. Damage to plants caused by weed competition and herbicide application shall result in replacement plantings at Contractor's expense. B. Weed Control of Hard Surfaces Contractor shall apply an approved herbicide, in the prescribed interval, to remove and control weeds growing in cracks, expansion joints, patios, gutters (cement/asphalt interface), interior park roads, hardscapes, and other contiguous City landscape-hardscape interfaces, in order to maintain the landscape aesthetic. 1. Areas adjacent to paved surfaces shall have minimum margins of relief provided by chemical weed control. a. Systemic, non-selective weed control of adjacent roadside lawns shall not have in excess of twelve (12) inches of bare soil between the lawn and roadway edge. b. Overspray or excessively bare margins shall require replacement plants to be installed. C. Weed Abatement of Fallow or Undeveloped Lands Contractor shall periodically mow unwanted weeds in open space areas, wild areas, and undeveloped portions of City landscapes and vacant City lots. 1. Contractor shall perform weed abatement processes, which maintain the weed population below eight (8) inches, when required throughout the year, but not to exceed four(4) times annually. 2. Any additional frequencies or areas will be paid for as Additional Extra Work (AEW). RFP 23-151 Landscape Maintenance Services Page 53 of 135 3. Mowing these areas shall be accomplished with a flail mower or weed eater type unit and shall be preceded with an herbicide application to maintain a weed-free appearance. Spoils shall be left on top as a mulch at the end of mowing. 4. Additionally, areas shall be maintained monthly for trash and dumped items. RFP 23-151 Landscape Maintenance Services Page 54 of 135 SECTION XII LITTER & DEBRIS MANAGEMENT A. General Specifications Contractor shall provide general cleanup on a daily basis, unless otherwise specified, for the purpose of emptying trash cans and picking up papers, trash, discarded items or debris which may accumulate in the landscape areas; hardscapes within the site(sidewalks, pathways, parking lots, sports surfaces); those City sidewalks that lie directly adjacent to the park or transverse and dissect the median island, vacant lots or backup lots; and all curb and gutter lines that encircle these same sites. This list also includes all other adjacent hardscape elements deemed by the CR to be part of the inventory of the respective Contract landscape areas, lakes, playgrounds, parking lots, internal roadways, and all other park and open space areas. B. Schedule 1. All trash cans shall have full bags removed and replaced with a clean liner by 12:00 p.m. daily. 2. Replacing all plastic trash can liners shall be part of Contractor's routine cleaning process. 3. All litter and debris cleanup shall be performed between the hours of 6:00 a.m. — 12:00 p.m., Monday through Sunday, unless otherwise noted. a. Reserved picnic sites are a priority and shall be cleaned daily by 7:00 a.m., including weekends, holidays, and for special events. Pressure washing may be required as determined by the CR. 4. A route, or order of facilities, that Contractor will follow shall be submitted to the CR and updated as necessary. a. The CR shall be notified immediately if this schedule cannot be met on a particular day. 5. All parking lots and roads shall be swept, blown and/or vacuumed free of debris a minimum of once weekly. This does not replace daily trash and debris clean up. 6. Contractor shall remove all debris resulting from its operations daily and dispose of it off-site at the time of occurrence. a. All debris resulting from any of Contractor's operations shall be removed and disposed of at Contractor's sole expense. No debris shall remain at the end of the workday. 5. All walkways shall be kept clean/clear of debris and plant growth. Care shall be taken not to create unnecessary hazards to pedestrian, bike, or car traffic. 6. Contractor shall not blow grass cuttings/debris into public streets or gutters that have not been previously swept or vacuumed clean. a. Contractor shall remove debris generated adjacent to landscape areas (i.e. sidewalks, streets, gutters, medians). b. All second notice violations will be immediate deductions. 7. Should illegal dumping occur to any of the Contracted sites, immediate disposal shall be performed at no additional cost to the City. Any such dumping shall be reported immediately to CR. 8. Soil spoils on curb areas, including street medians and gopher soil disturbances, shall be cleaned weekly from all areas. RFP 23-151 Landscape Maintenance Services Page 55 of 135 C. Pressure Washing The contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation to perform the cleaning services as set forth herein. 1. Pressure Washing: Power washing with the use of hot high-pressure water sprayer (which shall include high pressure hot water washing) for the 100% removal of dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit. 2. Accumulated water remaining after the cleaning shall be removed completely so no puddling exists. 3. During regular cleaning operations, the contractor shall use high pressure, low-volume washers, and steam cleaner as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surfaces. 4. The nozzle pressure of equipment shall not be so great so as the dislodge tile/paver grout or cause damage to hardscape or surfaces. 5. All trash, debris, tar, freestanding oil, grease, liquids, "green waste, "food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substance, and contaminants shall be removed from hardscape and park amenities upon completion of power washing. 6. Contractor shall provide monthly pressure washing schedules. 7. The Contractor shall pressure wash each each designated area with the following recurrence: a. Weekly Basis i. Gazebos or Patio Structures ii. Benches, BBQ's, picnic tables, drinking fountains, other park amenities iii. Playgrounds, equipment and surface iv. Exercise Equipment and surfaces V. Restroom perimeter to include the exterior of the building and the hardscape with 25' radius a. Bi-Weekly Basis i. Sports Courts (Tennis, basketball, volleyball, handball to include the court walls, etc.) ii. Trash Receptacles iii. Bleachers to include 25' radius around locations iv. Dugouts and benches V. Doggie Stations vi. Kiosk and Educational Signs RFP 23-151 Landscape Maintenance Services Page 56 of 135 SECTION XIII UNHOUSED AREA CLEAN UP & TASKS A. General Specifications 1. Contractor shall be responsible for cleaning miscellaneous trash items left by unhoused individuals during Contract hours. 2. Contractor shall remove and properly dispose of abandoned items (trash) daily. 3. Interaction with homeless maintenance contractor, CR, City officials and staff, and/or law enforcement personnel may be necessary as it pertains to securing and restoring the imprint. 4. Contractor shall report to the CR regarding interference in contractual execution (unable to mow, pick up trash, etc.) due to unhoused individuals, within 24 hours. 5. Contractor shall report any threatening individuals to the CR immediately. 6. All personal belongings shall be properly bagged and identified with a tape tag indicating location name, date and time of removal, and truck number. These bags shall be stored at a City location. RFP 23-151 Landscape Maintenance Services Page 57 of 135 SECTION XIV DRAINAGE APERTURES A. General Specifications 1. Contractor shall inspect surface drains (i.e. catch basins, flow structures) located within the landscaped areas daily. 2. Surface drains, including catch basins where applicable, shall be maintained free of obstruction and debris at all times to ensure proper drainage. 3. Contractor shall remove any debris or vegetation that might accumulate to prevent proper flow of water. 4. During periods of inclement weather, Contractor shall take extra care to ensure all drains and drainage areas are kept clear of debris and that water is draining properly. 5. All costs incurred by the City to repaired damage due to improper drain cleaning will be recovered from Contractor. RFP 23-151 Landscape Maintenance Services Page 58 of 135 SECTION XV PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 1. Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, groundcover or flowers. 2. Work shall be considered as AEW unless otherwise specified. Exceptions are replacements due to Contractor's negligence, as determined by the CR. 3. Contractor shall replace all damaged plant material due to Contractor's negligence within five (5) working days. RFP 23-151 Landscape Maintenance Services Page 59 of 135 SECTION XVI GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 1. Plant Health Care (PHC): The Plant Health Care approach to managing trees and shrubs recognizes that, in most cases, plant health problems are the result of many factors, not just a single agent. PHC takes a holistic approach when making management decisions that focuses on plants and their interactions with the living and nonliving elements of the landscape. 2. PHC attempts to prevent problems before they start. Managing plants health involves proper planning, plant selection and a wide range of cultural practices aimed at improving site and soil conditions. When combined with careful monitoring to identify pests in the initial stages these practices greatly reduce dependence on pesticides. 3. All new plant material and irrigation installations shall be guaranteed for a period of one (1) calendar year, unless damage or death of plant material is due to wind, storm, vandalism, riots, war, fire, flood, earthquakes or other events over which the Contractor has no control. 4. Existing plants shall be replaced by Contractor if it is determined by the CR that they were damaged or destroyed due to Contractor's negligence. RFP 23-151 Landscape Maintenance Services Page 60 of 135 SECTION XVII REPORTS AND SCHEDULES A. General Specifications Contractor shall submit reports and schedules as requested and as outlined below and in Appendix A and Appendix B. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a deduction. All reports and schedules shall be either provided by, or in a format approved by the City. B. Reports 1. The following are required reports and frequency of delivery by email and followed up by phone call to CR: a. Personnel staffing by area, total employees, total hours— as submitted to DIR b. Pesticide application reports—daily, including NOI c. Pesticide Use Reports— monthly d. Incident and Accident Reports— immediately e. Hazard Reports— immediately f. Refuse—shall be kept on file by Contractor and correlated with an invoice g. Fertilizer application (if applicable) —daily, by site, amount, date, material h. Water truck (if applicable)—gallons per week i. Irrigation system malfunction (central control) or shut down — monthly j. Vandalism —weekly, by site k. Homeless encampments—weekly I. Sports field renovation schedule—will be provided by CR. m.Lake problems or challenges— immediately n. Damage to appurtenances — immediately o. Plant replacement, by area— immediately p. Emergency call out log — monthly q. Consumable goods log — monthly r. Irrigation audits— monthly s. Hardscape cleaning —monthly t. Pest control advisor recommendations — as required by California Code of Regulation u. Safety inspection log for Contractor's yard, equipment, performance - monthly v. Additional Extra Work—weekly, as requested w. Vacant lots log contract completion —quarterly x. Tot lot rototilling — monthly y. DG pathways repair/maintenance—monthly z. Bike trails/Asphalt Cement walkways —monthly RFP 23-151 Landscape Maintenance Services Page 61 of 135 aa. Pressure washing amenities and playgrounds— monthly 2. Additional reports may be occasionally required to assist the City. These reports shall be detailed, thorough and may include, but not be limited to, the following: bb. Suggestions for improving problem areas; cc. Proposal needed prior to performing any Supplemental Work; and dd. Large scale projects. C. Schedules 1. Monthly Maintenance Schedule Contractor shall provide a maintenance schedule to the City in calendar format within thirty (30) days of the start of the Contract. Schedules shall show the day of the week the operation is to be performed, or the order of rotation areas will be serviced, such as for debris pickup or pruning operations. These schedules will be entered into the work order system and Contractor performance will be evaluated based on this rotation. 2. Required schedules and frequencies of delivery are: a. Mowing services for each park site—weekly b. Shrub trimming (backup lot, medians, parks, MOU) —quarterly c. Irrigation audit—quarterly d. Irrigation evaluation of athletic fields —weekly e. Divot/low spot filling of sports/priority fields—weekly f. Tree raising —weekly, as needed g. Coal bin cleaning —weekly h. Sand lot rototilling — bi-weekly i. Weed abatement (spray followed one [1] week later by string trim) —quarterly j. Weed abatement (vacant lot/wild lot) —quarterly k. Other weed abatement— monthly I. Cleaning of parking lots and park roads—weekly m. Mulching — bi-annually n. Sport court cleaning —weekly o. Groundcover trimming —monthly p. DG surface repair—monthly q. Bike trail chemical edging —monthly r. Special projects and locations—as requested s. Supplemental and locations— as requested t. Irrigation programs—weekly u. Additional Extra Work—as needed v. Lake cleaning —weekly w. Lake debris —daily RFP 23-151 Landscape Maintenance Services Page 62 of 135 x. Other items as requested by the CR —as needed 3. Any other activities that Contractor performs on a regular or semi-regular basis and as determined or requested by the City will require a schedule to be submitted. 4. Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR for review, and if appropriate, approval, within five (5) working days prior to scheduled time for the work. Notification of change in scheduled work due to circumstances beyond the control of Contractor must be received by the City at least 12 hours prior to the scheduled time for work to begin. 5. All schedules shall be of a format either supplied or approved by the City. 6. Contractor shall adjust work schedules within the same week to accommodate all City- observed holidays, during inclement weather, under emergency notification, and for periods of excessive rainfall. RFP 23-151 Landscape Maintenance Services Page 63 of 135 .'__r CITY OF SANTA ANA SECTION XVIII IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 1. Written reports of any repairs or modifications to the irrigation system shall be turned monthly to DR. Failure to do so may delay payment of invoices. 2. Examples of other written reports Contractor shall provide are: a. Monthly irrigation system audit sheet b. Irrigation zone narratives, shall keep a plot plan at the controllers (when applicable) c. Irrigation material purchase request (if applicable) d. Create and maintain an inventory log of irrigation equiptment components throughout the city, by District. B. Irrigation Schedules 3. Contractor shall provide an Irrigation Controller Program Log for each manual controller by area within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the Irrigation Controller Program Log. 4. Contractor shall provide to the City a schedule of all manually-watered areas, including those where use of a vehicle is required, within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the schedule. RFP 23-151 Landscape Maintenance Services Page 64 of 135 SECTION XIX CIVIC CENTER A. General Specifications 1. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed. Downtown Civic Center Grounds and Landscape — The Downtown Civic Center Area is the home of federal, state, county, and city government for Orange County. The classification of maintenance required at this site is considered "high-end commercial." 2. All pedestrian hardscape areas, including but not limited to plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc., shall be blown and/or swept clean daily; Monday - Friday. The Contractor is not responsible for blowing parking lots, only for litter removal. Contractor is not responsible for pressure washing. 3. All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear. 4. All trash receptacles shall be emptied daily, seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. Lids shall be completely wiped clean with a germicidal cleanser and polished continuously as stains appear. 5. All cigarette urns shall be sifted daily Monday, Wednesday, and Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 6. All drinking fountains shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Monday, Wednesday, and Friday of each week. 7. All trees below 15' shall be pruned four (4) time per year (first week in January, April, July, and October) using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. 8. All shrubs requiring hedging shall be trimmed every two weeks. 9. Replace all 52 state flags in the Plaza of the Flags the first week of January and July of each year. Flags to be provided by City. 10.All turf in the Civic Center area is considered priority turf. 11. Perennial/Annual Color: All perennial/annual color beds shall be maintained and planted/rotated three (3) times per year(first week of January, May, and September) as detailed in Attachment 5. 12. Fertilization: Cyad and Palms shall be fertilized two (2) times per year (first week in March and September) per the City's agronomic plan. 13.The Contractor shall be required to clean trash and large debris in parking lots in the Civic Center. The work shall be performed in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot. 14.All signage, drinking fountains, concrete pads, trash receptacles, site furniture, bollards, concrete or asphalt areas with stains around trash receptacles, security RFP 23-151 Landscape Maintenance Services Page 65 of 135 lights, park benches, walls, and the pavement beneath them and other Civic Center amenities shall be cleaned daily. 15.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. 16.After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all Civic Center areas within twenty-four hours (24 hrs.) at no additional cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 17. Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 18.The Plaza of the Flags shall have flags displayed at all times. The Contractor shall visually inspect the flags every day to assure they are in good condition. Should, in the opinion of the DR, any flag is not in good condition (faded, discolored, torn and/or having holes) the Contractor shall immediately request a new flag from the DR. Contractor shall raise the new flag immediately upon receipt from the DR. The Contractor shall replace all flags twice a year (January, July) with flags provided by the City. 19.Japanese Garden Pagoda shall be cleaned daily. B. Annual Color Planting and Maintenance Specification at Civic Center 1. 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 depth of 8" of the top soil. 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. 2. 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). 3. 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 maybe planted at different times of the year may include but not be limited to the following annual bedding plants: a. Spring/Summer—April through October 1 RFP 23-151 Landscape Maintenance Services Page 66 of 135 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias b. Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus C. Vandalism 1. 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. 2. 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. D. Quality of Life Team (QOLT) (Civic Center) 1. Homeless and Transient Encampent Clean Up a. Contractor shall remove transient/homeless encampments that may include, but is not limited to tents, soiled clothing, blankets, human feces, hypodermic needles, and items listed above. Clean up multiple encampment sites shall be scheduled or on an on-call basis. b. Work will consist of surveying sites, collecting debris, dismantling temporary structures, removing trash, and disposing of all debris at a local facility specified by the City. Jobsites can be in heavy foliage, embankments, train tracks, creeks and other areas requiring alertness to the environment and pre-planning to prevent injury or illness. C. Contractor shall remove unwanted natural or environmental materials including, but not be limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar. 2. Removal and disposal of debris/rubbish, including: a. Trees, cut brush, dead trees, tree limbs, and similar materials, b. Furniture, mattresses, appliances, scrap metals,junk, automobile parts or machinery, tires, televisions and other electronic devices, c. Structure demolition, including wood frame, concrete, asphalt, bricks or other construction debris, d. Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter, e. Hand sweeping (or blowing) of streets, alleys, sidewalks and similar areas. 3. Contractor may be required to occasionally perform confined space clean-up for entry into designated areas. RFP 23-151 Landscape Maintenance Services Page 67 of 135 4. Contractor may be assigned to work alongside Santa Ana Police Department and Social Services/Outreach Support Workers when clearing transient/homeless encampments. 5. Immediately contact the City of Santa Ana Police Department in the event that weapons are found. Under most, circumstances, the City's Police Department will have confiscated weapons and illegal contraband prior to the arrival of the Contractor. 6. Contractor may be required to post City provided "Notice to Clean or Remove Property" signs at the work site prior to the commencement of each removal project as established in the work-scope and as directed by City representative. Depending on circumstances, this posting may occur 24-hours from the date of the clean up or as determined by the Projects Manager. Contractor shall photograph posted notices to document time and location of posting as instructed by Projects Manager and City. 7. Contractor may be required to bag and identify personal property left behind at clean-up sites and transport them to a place designated by the Projects Manager or City. Guidelines for property identification will be provided by the City. Such items include but are not limited to items in good repair such as organized backpacks, clean and clearly identified medication, eye glasses in good condition, wallets, handbags, jewelry, operating watches, non-soiled duffel bags, and non-soiled and organized bedrolls. 8. General: a. Furnish all labor, equipment, materials and supplies (including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on City streets, alleys, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance. b. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract. 9. Staffing: a. Mobil Unit: Two (2) full-time employees from Monday—Friday from 7 am- 4 pm to collect, bag, and tag lost and abandoned property with the QOLT team. b. They required a full-size vehicle with an electric dump trailer, or equivalent, to assist with homeless refuse pickup. c. City Yard Storage: One (1) full-time employee from Monday-Friday from 7:30-4:30 managing the storage facility center located at the City Yard. d. No vehicle is required. e. Staff should be trainable by City Staff and SAPD for homeless property pick up and storage. RFP 23-151 Landscape Maintenance Services Page 68 of 135 SECTION XX LAWN BOWLING A. General Specification, Lawn Bowling Mowing, irrigation, and fertilizing are the primary turfgrass practices needed to sustain a turf surface of acceptable quality on a bowling green. Mowing, irrigation, and fertilizing are interrelated to such a degree that a reduction in leaf area by reducing the mowing height or using the vertical mowers too aggressively would require an adjustment in the frequency and intensity of fertilizing and irrigation. Throughout the growing season, the turfgrass grows both vertically and horizontally. When the turfgrass grows, it gets longer, and the matt gets thicker. Correct mowing of the lawn bowls green maintains the smooth and consistent rolling of the bowls, and the grass shall not get longer and thicker to maintain an ideal playing surface. 1. Equipment required for The Santiago Park Lawn Bowling Greens are required: a. Scott Bonner 30" Queen Mower 16-blade reel mower with a Honda 5.5 hp gas engine, OR EQUAL b. Groomer OJLBC-20002-08, OR EQUAL c. Sand Spreader OJLBC-2005-07, OR EQUAL d. GROUNDSMAN AERATOR OJLBC-1998-05Model 460, OR EQUAL B. Mowing 1. Bowling at the Santiago Park greens must be done in a north-south direction. Mowing should be done at a 45-degree angle to the roll of the bowl. Therefore, the mowing directions at the green should be northwest to southeast or northeast to southwest. Contractor must perform mowing as follows: a. These directions should be rotated each time mowing is done. b. During the months of April through November, mow two (2) times per week; set mower height to 1/8". c. During the months of October through March, mow once per week; set mower height to '/4'. d. Overlap each pass of the mower by 50%. e. The Scott Bonner blade is sharpened at a 90-degree angle, enabling the blade to be removed and reversed. When both sides of the reel are dull, the blade is removed and back lapped. 2. Dethatching/Verticutting : a. Contractor must remove thatch material to allow proper water and nutrient permeability. Thatch is a buildup of dead and decaying herbaceous material at or slightly below the ground level. If thatch remains, the turf builds up unevenly and is more susceptible to fungus infections. The thatch slows the roll of the bowl and can alter the course of the roll. b. Contractor must remove thatch during the months of April through November Verticut, dethatch, and level green twice a week. Set cutting blades' height to inch in depth. RFP 23-151 Landscape Maintenance Services Page 69 of 135 3. Grooming: a. Contractor must perform grooming services during the months of April through November every year. b. Contractor must groom grass twice a week as described on page 6 of greens maintenance manual. Schedule work for Tuesdays and Thursdays. Set the cutting blades depth to 1/16 inch. 4. Aeration: a. Contractor must perform aeration during the month of March every year. b. Conractor must plug with %2-inch diameter 6-inch long hollow tines. Remove debris from the greens after plugging. Backfill the empty holes with pure washed sand sieve #60, approximately 7 tons. c. After aeration, coordinate fertilization with the IPM contractor(separate contractor) and immediately finish by watering. RFP 23-151 Landscape Maintenance Services Page 70 of 135 SECTION XXI CENTENNIAL PARK A. Centennial Park: The Contractor shall clean and maintain the following areas of Centennial Park: 1. The parking lot south of Rancho Santiago College is a part of the agreement site. 2. The unimproved planting area east of Rancho Santiago College is a part of the agreement site. 3. The irrigated area outside of Dan Young Soccer Complex to the west is a part of the agreement site. 4. The Contractor shall pressure wash off daily from pedestrian hardscape areas bird droppings. SECTION XXII VACANT LOTS A. Vacant Lots The Contractor shall perform daily blowing-off, trash and debris removal, including managing weeds. 1. 101h and Flower 2. 1st and Mountain View 3. Bristol and Tolliver 4. Bristol and Myrtle RFP 23-151 Landscape Maintenance Services Page 71 of 135 SECTION XXIII SANTA ANA STADIUM A. Santa Ana Stadium The historic Santa Ana Stadium is a premier youth football and soccer venue. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed: 1. All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, and sidewalks, shall be blown and/or swept clean daily, seven (7) days per week. 2. All parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean once per week, on Thursdays. Trash shall be picked daily. 3. All site amenities, including but not limited to, signage, player benches, hand railing, public telephones, etc., shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Friday of each week. 4. All grandstand bleachers shall be inspected continuously and wiped clean as stains and dirt appear. 5. All turf in the Stadium area is considered priority turf. 6. All surfaces within the Stadium (including tunnels, bleacher areas, all walkways, seats) shall be high pressure washed quarterly (the third Monday of July, October, January, and April) to remove stains, gum, candy, dirt, etc. See pressure washing scope. 7. The contractor shall be able to provide additional staff for special events, before and after, at the stadium to handle the additional trash and debris.These special event services shall be billed per event. RFP 23-151 Landscape Maintenance Services Page 72 of 135 SECTION XXIV SANTA ANA ZOO A. Santa Ana Zoo (Zoo) The Santa Ana Zoo was established in 1952 and is a 20 acre zoological park and botanical garden. Due to the sensitivity of the animals at the zoo and unique plantings, there are some variances from the standard Grounds-Landscape Specification. The following special maintenance shall be performed for the Zoo site only. 1. The Contractor shall use electric-powered equipment in the course of providing service at the Zoo. Gas powered equipment is not allowed unless approval is granted by the CR. 2. All turf at the Zoo is considered casual turf. Casual turf at the Zoo shall be mowed using a Mean Green Mowers EVO or equivalent commercial electric mower as approved by the CR. 3. The interior courtyard adjacent to the cafe and playground sees the highest use levels of all turf areas at the facility. This location should be overseeded and renovated as needed throughout the year to maintain consistent turf quality, aesthetics, and provide the highest amount of usability for visitors. This should be coordinated with the CR for the Zoo. 4. Tree Edging No-Mow Turf- Trees maintained with natural no-mow lawns (i.e. Carex sp.) shall not have shovel cuts around trees. 5. All mulch at the Zoo shall be 2" minus composted mulch applied to a 2" thickness unless approved by the CR. Mulch shall not cover root flare of trees and the base of shrubs leading to plant health issues. 6. To lessen the impact on daily Zoo operations and provide the best well-being for the animals, tree pruning specifications include trees up to 30' height with DBH less than 18". This is restricted to the interior of the Zoo and immediately adjacent to animal habitats. This specification allows for ornamental pruning of small and moderate sized trees to occur throughout the year along with routine landscape maintenance services. This has the effect of spreading out the burden on the facility and drastically reduces the amount of time areas need to be closed off to the public. Large trees and trees outside the public areas are not included. Please see attached diagram for a map. 7. An ISA TRAQ Certified Hazardous Tree Professional shall evaluate all Zoo trees and provide a written report using the Arbor Access Tree Management Software program (or an approved equal) one time only within six months of the start of the contract. 8. Tree Establishment — "Treegator" Slow Release Watering Bags or similar shall be provided for newly planted trees as determined by the CR, Gator Bags shall be filled weekly for the first two growing seasons. 9. California Natives and Drought Tolerant Shrubs- Selectively prune and trim all native plants during appropriate seasons to ensure pedestrian paths, walkways and sidewalks are not impeded or as necessary based on best horticultural practices. (i.e. Romneya coulteri pruned to 6" in late summer or fall, Salvia clevelandii pruned in fall, Zauschenria sp. established plants cut back hard in winter after flowering. 10. Bamboo - Dead, old, small, leaning or misshapen culms shall be removed annually. Cuts shall be made as close to the ground as possible and straight across so there RFP 23-151 Landscape Maintenance Services Page 73 of 135 are no dangerous, sharp points sticking out of the ground. Care shall be taken to avoid damaging newly emerging culms. The CR will provide additional direction on which clumps may be topped to increase the screening effect or "legged-up" for aesthetics. Giant timber bamboo shall be maintained with a minimum of 12" distance from building foundations. 11. Epiphytic Specimen Plants - Epiphytic plants (Platycerium sp., Bromeliads, Anthurium sp., Tillandsia sp., Laelia sp., etc.) require special attention and may not have dedicated irrigation systems. These specimen plants shall be hand-watered at varying intervals depending on the time of the year based on horticultural requirements. Platycerium shall be fully drenched including the fronds. 12. Ornamental Grasses - All Cortaderia selloana (pampas grass) specimens smaller than four feet in diameter shall be removed immediately and disposed to control invasiveness. Warm-season grasses shall be cut to the ground in fall or winter consistent with best horticultural practices. Ornamental grasses shall be cut within 6"with a flat top and not mounded. Large clumps(5+ seasons) only exhibiting growth around the edges of the clump shall be dug up, divided, and replanted. Thysanolaena maxima specimens shall be minimally pruned to maintain form and tidiness. 13. Animal Enclosures&Animal and Human Safety - The Contractor's workers must not enter animal enclosures without prior approval from the Zoo Manager or their representative. Workers must not touch or feed any of the Zoo's animals. In the event of an escaped dangerous animal, the workers will be asked to stop work immediately and evacuate the zoo. Annually, the Contractor shall provide their employees working in and around animal exhibits with basic training on zoonotic disease prevention and common-sense sanitary measures. The Contractor shall meet with the Zoo Director or their representative for relevant information before commencing work. 14. Gutter Maintenance-The Contractor shall pay attention to clearance of gutters within the Children's Zoo area to prevent blockage and the growth of weeds. 15. Zoo Closure Days - The Zoo is closed to the public on Thanksgiving Day, Christmas Day (December 25), and New Year's Day (January 1). The Zoo is open all other holidays. The Zoo may be closed to the public during severe inclement weather. Closure days are subject to change by the CR. 16. Rock Mulch Groundcover - Cactus and succulent beds are to be mulched with Dos Rios Pebbles 3/8" by Southwest Boulder and Stone or equivalent type to match existing as approved by DR. Pebble mulch shall be maintained at a 1" depth and kept off adjacent walkways. 17. General Maintenance, Daily Maintenance - All trash and debris (branches, glass, metal, paper, etc.) on the ground or in trash receptacles shall be removed from all worksites, landscaped and paved areas each day Monday through Sunday before 10:00 a.m., when the Zoo opens to the public. All organic debris (twigs, leaves, fruit, sand, gravel, rock, wood chips) on the pathways shall be removed from paved areas each Monday and Friday before 10:00 a.m., when the Zoo opens to the public. DG pathways shall be maintained through limited blowing and raking to reduce particulate pollution and dust in animal habitats. 18. Washing Landscape Material -To maintain plant health and aesthetics, plant material shall be washed down on a regular basis to remove any accumulated dust and cobwebs. RFP 23-151 Landscape Maintenance Services Page 74 of 135 19. Inspection of Perimeter Fence—Daily, the Contractor shall inspect the integrity of the chain link perimeter fence for breaches and advise the Zoo Director or CR of issues. 20. Trimming and Weed Removal within Exhibits— a. Quarterly, the Contractor shall blow-off leaf litter accumulating on animal exhibit roofs, netting, cages, etc. including, but not limited to, Colors of the Amazon Bird Aviary. b. Monthly, the Contractor shall inspect plant material in the animal exhibits for damage to the netting and trim plants pushing through animal exhibit roofs, netting, cages, etc. to prevent damage. c. Contractor shall perform weed removal in the Anteater and Amazon's Edge exhibits. 21. Pressure Washing - The Contractor shall perform weekly and as necessary pressure washing of paved areas, site furniture, drinking fountains, etc. in the cafe eating area. 22. Resetting Seating —The Contractor shall, Monday through Sunday, before 10:00 am each morning, reset all tables and chairs in the Zoo. 23. Blowing-Off Exhibits — The Contractor shall blow-off/clean animal exhibit roofs, netting, cages, etc. on a routine basis. Prior to performance, the Contractor shall coordinate with the CR. 24. Storm Drain Maintenance — The Contractor shall continuously maintain the Zoo's storm/area drains, including the filter fiber by keeping them clean and free of debris. The Contractor shall change the storm/area drains filter fiber, which shall be provided by the Zoo, as necessary. 25. Weekly Meeting —The contractor shall plan to have a standing weekly meeting with the CR and involve the IPM representative in the meeting. 26. All IPM and Agricultural pest control services at the Zoo only shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. RFP 23-151 Landscape Maintenance Services Page 75 of 135 APPENDIX I TERMINOLOGY A. Interpretation /Terminology The following terms are for convenience and reference only and are not intended to define or limit the scope of any provision hereof. The following words shall be construed to have the following meanings, unless otherwise apparent from the context in which they are used: 1. As Needed: To maintain the grounds in a clean appearance as determined by the City. The intent is to permit the City to receive services beyond the scheduled frequencies on an occasional basis. Should a service be needed on a consistent basis the City shall amend the Contract with Contractor subject to approval by the City Council. 2. Additional Cleaning (or Operation): The completion of all maintenance tasks, in whole or in part, to ensure that the specified conditions resulting from the "Initial Cleaning" or"Initial Operation" sustained or retained. 3. Appurtenances: Objects or features, which are component parts of the areas to be maintained. Appurtenances include, but are not limited to: seat walls, bollards, valve boxes, bike racks, fences, walls, monument pedestals, decorative features, benches, picnic tables, light standards/flag poles, handrails, electrical panels and transformer enclosures, and signage. 4. Sport/Priority Turf: Grass surfaces are maintained for the goal of primarily providing a smooth, safe playing surface for sports. 5. Automated Irrigation System: Valves, sprinklers, etc., that are operated using a controller which functions electrically, hydraulically, or thermally. 6. Biopesticide: Certain types of pesticides are derived from such natural materials as animals, plants, bacteria, and certain minerals. 7. BMP: Best Management Practices are identified by individual industry and must be incorporated into the operational management of the Contract. 8. Centrally Operated Irrigation System: Sprinklers, valves, etc., are turned on remotely from centralized software. 9. Confined Area: An area of turf bordered on three (3) or more sides by shrub beds, planters, hardscapes, walls, fences, play areas, decomposed granite areas, or other like borders. 10. Contiguous Hardscape: Hardscape medians that are on the same street as the landscaped medians and continue through to the next major intersection. 11. CR: City Representative. 12. EIC: Employee in Charge. 13. Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate assistance or relief. 14. AEW: Authorized Extra Work not in the contract to be approved by CR before starting or completing. AEW's will state the hourly rate of each laborer and trade to make the repairs, sample sheet attached. However, in case of a callback for workmanship failures approved through the AEW, the city will deduct a similar rate to make the corrections via a failure to perform (FTP). 15. ET: Evapotranspiration, or the water lost from a plant system due to evaporation from soil or transpiration of water through the plant. 16. Casual Turf: All grass locations which are primarily used for leisure activities and not used for sports. Not sports or priority 17. Green Waste: Any waste from vegetation, including but not limited to: tree trimmings, grass cuttings, dead plants, leaves, branches, wood and dead trees, and similar materials naturally occurring within the subject areas, or generated as a result of services provided by Contractor. "Clean Green Waste" shall not contain more than 10% contaminants. 18. Hardscape (or Hardscapes, Hardscape Areas): Sidewalks, walkways, patios, quads, game courts, bike paths, paved areas, and like surfaces. 19. Hazard: Anything likely to cause a person or animal harm. 20. Homeless imprint: An area defined by belongings, including personal items such as tents, carts, tarps, blankets, furniture, and food, which appears to be a settled area. 21. Initial Cleaning (or Operation): The first cleaning or first maintenance operation of several scheduled for a given day. 22. Interior Roads: Roads that are contained within the boundaries of a given area. 23. Litter: All paper, plastic, cans, bottles, or other material discarded in or on any location within the Contract area other than in a trash container provided for that purpose. 24. Non-emergency: An unplanned service requirement that needs additional attention in a prescribed period. 25. Pesticide: Products that prevent, destroy, repel,or mitigate a pest, or which are plant regulators, defoliants, desiccants, or nitrogen stabilizers. A registered chemical is identified using an EPA and/or Cal Registration Number, or both. 26. Recyclable Material: Plastic, glass, or aluminum materials have economic value when separated from trash. 27. Repair or Replace: Equipment or property shall be repaired or replaced as determined by the City with like kind and quality. The intent is to maintain the equipment or property in good condition and consistent with the current model brand or manufacturer. 28. ROC: Rail Operations Center. 29. ROW: Right-of-way. 30. SDS: Safety Data Sheet 31. Spot Cleaning: The cleaning of only those portions of a floor, walkway, wall, fixture, table, furnishing, handrail, bench, or other surface(s) which are soiled (dirty, stained, marked, smudged, etc.), where the entire surface may not be sufficiently soiled to warrant cleaning the entire surface. The contractor shall interpret the term "spot cleaning" to include the complete cleaning/washing of any surface which does not or would not, have a clean, uniform appearance after the cleaning of only portions of that surface. 32. Street Sidewalks (or External Sidewalks): Sidewalks or paved walkways that parallel streets, and which may exist on the perimeter of or adjacent to the areas to be maintained. 33. Trash: All litter, garbage, refuse, rubbish, dead fish and birds, human or animal feces and other materials and substances discarded or rejected as being spent, useless, worthless, or waste. 34. Pressure Washing: Power washing with the use of high-pressure hot water spray to remove dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit. 35. Failure to Perform (FTP): Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. 36. Compost: The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). The eligibility requirements for meeting the Annual Recovered Organic Waste Product Procurement Target require that the Compost must either be i) produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7; or ii) produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State's composting operations regulatory requirements. 37. Direct Service Provider: A person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). 38. Recovered Organic Waste Products: Products made from California, landfill- diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. 39. SB 1383: Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 40. SB 1383 Eligible Mulch: Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7, and which meets the conditions as specified by 14 CCR Section 18993.1(f)(4) for the duration of the applicable procurement compliance year. FOR PROPOSERS' REFERENCE ONLY APPENDIX II ADDITIONAL TERMS AND CONDITIONS TABLE OF CONTENTS SECTION 1. CONTRACT REQUIREMENTS 1.1 Independent Contractor 1.2 Contract Transition 1.2.1 Transition In 1.2.2 Transition Out 1.3 Hours and Days of Maintenance Services 1.3.1 Scheduling of Operations 1.3.2 Service Schedules 1.4 Non-Interference 1.5 Consumable Materials and Supplies — Contractor-Supplied 1.6 Consumable Materials and Supplies — City-Supplied 2. RESPONSIBILITIES OF THE CONTRACTOR 2.1 Inquiries and Complaints 2.2 Safety 2.3 Vehicles and Equipment 2.4 Locks and Keys 2.5 Service Yard and Storage Area(s) 2.6 Utilities 2.7 Traffic Control 2.8 Bloodborne Pathogens and Biohazardous Material 2.9 Accident Reporting and Site Securing 2.10 Vandalism 2.11 Cooperation / Collateral Work 2.12 Protection of Existing Facilities and Structures 2.13 Protection of Property During Inclement Weather (Emergency Response) 2.14 Emergency Numbers and Emergency Call-Outs 2.15 Contractor's Staff 2.16 Work and Workmanship 2.17 Supervision and Special Skills 2.18 Management and Enforcement 2.19 Contact with Minors 3. EXECUTION OF WORK 3.1 Subcontracting 3.2 Contractor Hiring 3.3 Notice Requirements 3.4 Default by Contractor/Termination 3.5 Temporary Suspension of Work 3.6 Damage Caused by Contractor 3.7 Non-Emergency Call-Outs 3.8 Work Not Included 3.9 Signs / Improvements 4. ENVIRONMENTAL REQUIREMENTS 4.1 Environmental Requirements 4.2 Refuse Disposal 4.3 Hazardous Materials 4.4 Sound / Noise Control Requirements 5. CHANGES TO THE CONTRACT 5.1 City's Right to do Work 5.2 Changes in Service 5.2.1 Special Events 5.2.2 Construction Activity and Maintenance Functions 5.3 Special Requests 5.3.1 Soil and Plant Testing 6. CONTRACT ENFORCEMENT AND EVALUATION 6.1 Contract Enforcement 6.2 Performance Evaluation SECTION 1 CONTRACT REQUIREMENTS 2.1 Independent Contractor The Contract between City and Contractor is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership,joint venture or association, as between the City and Contractor. The contractor understands and agrees that all persons furnishing services to the City under this Contract are, for purposes of Workers' Compensation Liability, employees solely of the Contractor and not of the City. The contractor shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder. 2.2 Contract Transition 2.2.1 Transition In Contractor shall provide a written statement of their transition plan to include potential personnel who will be on the transition team and their roles, subject to City approval. Also included shall be sample timelines illustrating when the Contractor will be fully in place and performing all tasks. The anticipated transition period will be three (3) months. A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period: 1) shovel-cut all tree rings; 2) raise all trees; and, 3) mulch all areas; 4) irrigation audits; 5) pressure washing appurtenances; 6) and repair DG paths. The Contractor acknowledges that each site's irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of each site's rotors/heads and lateral irrigation lines. Following the initial agreement for start-up repairs, the Contractor shall assume responsibility for future repairs (see Appendix D 2.4 herein). 2.2.2 Transition Out Contractor shall work in good faith with the City to transition out of the service, should a new Contractor be selected. The storage areas used by the Contractor shall be left in an orderly manner. All materials and equipment owned by the Contractor shall be removed from storage areas in a timely manner. Upon Contract completion, all keys, cards and remote controls given to Contractor shall be returned to the City's designed City Representative (CR) with a final walk-through with the Contractor and the CR. 2.3 Hours and Days of Maintenance Services 2.3.1 Scheduling of Operations a. Normal work hours are from 6.00 a.m. to 6 p.m., Monday through Sunday, unless otherwise specified. The contractor shall perform work at such times as to minimize disturbance or interference to the residence and pedestrian or vehicle circulation (e.g., early morning mowing or irrigation checks, etc.) No routine mowing or pruning shall occur on Saturday or Sunday unless pre-approved by the CR(s). Only those tasks related to cleaning or trash shall become routine on Saturdays and Sundays. b. The contractor shall perform work following the pre-approved schedules during City business or non-business hours, depending on the needs of the facility where work is performed. C. Changes in the schedule by the City may be made with five (5) business days advance written or verbal notice to the Contractor. d. The contractor must notify the CR(s) of any problems or service interruptions within twenty-four (24) hours or the next business day. Unavoidable service disruptions may be completed at a later date at the discretion of the CR(s). e. Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. f. Repeated service interruptions without justification or approval of the CR(s) shall be subject to action provided for herein. g. The contractor shall provide adequate staffing to perform the required services during the prescribed times. h. Any changes in the days and hours of service heretofore prescribed shall be subject to approval by the CR(s). i. The contractor shall be available for on-call services twenty-four (24) hours a day. j. Non-emergency on-call requests shall be responded to within four (4) hours of notification by the City representative or as mutually scheduled and agreed to by Contractor and City representative. k. The contractor shall respond to all requests for on-call emergencies within one (1) hour of notification by the City representative. (Explained further in Section 3.14) I. On-call service rates shall be based on Contractor's hourly rate as quoted in Appendix E for such work. m. Certain maintenance tasks may have time restrictions or extended time requirements. The contractor must observe and respond to these restrictions and requirements. n. The contractor shall adjust schedules to meet the Specifications and compensate for all City observed holidays. 2.3.2 Service Schedules a. The contractor shall, within 30 calendar days of the effective date of the Contract, submit all work schedules to the CR(s)for review and approval. Said work schedules shall be based on a twelve-month calendar and be in a format approved by the City. b. Any other activities that the Contractor performs on a regular or semi-regular basis, as determined by the City, will require a schedule to be submitted upon request by the City. C. The contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR(s) for review and if appropriate, approval within five (5) working days before the scheduled time for the work. d. At the discretion of the City, monthly meetings (or at an increased frequency if deemed necessary by the City) between the Contractor and the CR(s) may be scheduled to determine progress and address any changes in schedules, problem areas, etc. e. Changes or variations in scheduling may be necessitated by City special events, recreation classes, reservations, etc. The contractor shall adapt any or all schedules to the City's requests. 2.4 Non-Interference The Contractor shall not interfere with the public use of the sites and shall conduct its operations as to offer the least possible obstruction and inconvenience to City employees and the public or disruption to the peace and quiet of the area within which the services are performed. In the event of recreation programming issues, special events, etc., the Contractor may be required to alter the schedule to avoid interfering and may be required to return at a later time to meet the task and frequency. 2.5 Consumable Materials and Supplies — Contractor-Supplied The contractor, as a component of the cost proposal, shall provide all of the following items: a. Trash can liners (except at the zoo facility) b. Cleaning agents, spotting agents, polishes C. Disinfecting cleaning agents d. Cleaning-related supplies e. Chemicals (as specified) f. Pest/weed control chemicals (as specified) g. Annual plant materials or any plants that die due to delayed irrigation repairs h. Mulch/topdressing per the contract specifications i. Brick dust j. Grass seed (as specified) k. Fertilizer (as specified) I. Tree stakes and ties m. Dog bags for Doggie Dispenser No additional payment will be made for these materials. All Contractor provided chemicals, cleaning agents, and materials are subject to review and approval by the City. 2.6 Consumable Materials and Supplies — City-Supplied The City will supply, at no cost to the Contractor, the following items: a. All replacement plant material (not including annuals), except those damaged by the Contractor. b. Irrigation replacement parts (as specified) C. Trash cans d. Playground sand and bark e. Signs —water conservation for medians, water audit, field renovation f. City will be provide DG as needed per the specifications. g. Trash can liners (at the Zoo facility only) The contractor shall request these materials from the CR(s), and shall ensure proper and secure storage of these materials in an area specified by the CR(s). The contractor shall also ensure proper distribution and monitoring of these materials/supplies to prevent waste, theft, or other abuse. The contractor shall provide a log specifying where and when supplies have been used, and this log shall be made immediately available to the City upon request. SECTION 2 RESPONSIBILITIES OF THE CONTRACTOR 3.1 Inquiries and Complaints 3.1.1 The contractor shall maintain a telephone at their facilities, listed in the telephone directory in its name or in the firm name by which it is most commonly known. At this location, during the daily hours of maintenance operation, the Contractor shall have some responsible person(s), who is proficient in English, employed to take the necessary action regarding all inquiries and complaints that may be received from the City. An answering service shall be considered an acceptable substitute to full-time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. 3.1.2 During regular working hours, the Contractor's Foreman, or an employee responsible for providing maintenance services, shall be available for notification and able to respond through electronic communications within 30 minutes. 3.1.3 During regular days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage, the City may, after a reasonable attempt to notify the Contractor, cause such action to be taken by the City workforce and charge the cost thereof as determined by the City to Contractor or may deduct such cost from an amount due to Contractor from the City. 3.1.4 The Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken thereto or the reason for non-action. The complaints log shall be open to inspection by the City at all reasonable times. The City will maintain work order and email files. 3.1.5 All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or the Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City. Such cost shall include all City staff time required to resolve the problem and appropriate overhead charges. 3.2 Safety 3.2.1 Contractor shall provide a safe workplace and comply with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) laws and regulations and any other applicable law, rule, regulation, ordinance and risk management standards. The contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. All hazardous substances shall be listed per site, and Safety Data Sheets (SDSs) available at all times. 3.2.2 The Contractor shall be responsible for inspecting, identifying, and securing any condition(s) that renders any portion of a site unsafe and any unsafe practices occurring thereon. The CR(s) shall be notified immediately of any unsafe or undesirable condition(s) via email, phone, or instant messaging ensuring that it was received. This includes, but is not limited, to the following: a. Damaged/inoperable fixtures, hose bibs, or irrigation components b. Running water, irrigation breaks, weeping valves, etc. C. Evidence of arson, vandalism, or other crimes d. Damaged signs or drinking fountains e. Damaged benches or tables f. Graffiti g. Hypodermic needles or condoms h. Large amounts of blood or feces i. Hazardous or suspicious materials/items j. Insect, rodent, or bird infestations k. Homeless persons or their possessions I. Items lost by patrons m. Poor turf conditions (i.e., holes, tripping hazards, uneven surfaces, gopher holes) n. Damaged fencing (i.e., holes, loose posts, missing fasteners) o. Standing water, saturated turf, dry spots p. Lake conditions including dead or sick wildlife, water quality issues q. Downed tree limbs r. Unsafe walkways S. Unstable trees t. Improperly supported trees (i.e. stakes, trees) u. Other hazards, as applicable 3.2.3 The contractor shall be responsible for making minor corrections including, but not limited to: using barricades or traffic cones to alert the public to the existence of hazards, replacing Contractor-damaged valve box covers, and securing any damaged apparatus to protect members of the public or others from injury. 3.2.4 If needed, the Contractor shall assist the public by summoning emergency assistance at the site. The contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site, beginning with immediate notification, and then a complete written report of the nature of the issue to the City within five (5) days following the occurrence. 3.2.5 The contractor shall also ensure that: a. Vehicles, equipment, and hand or power tools are not left unattended or laying on walkways, grounds, or appurtenances where patrons may be put in jeopardy. b. Operator and machine safety equipment shall be in place and operational. C. Machine speed and operational characteristics shall match manufacturer's recommendations. d. Transport and operation speeds shall be within the maximum limits established for the site. e. After the protection of public safety, the preservation of site equipment, appurtenances, infrastructure, and public activities shall be paramount. f. Debris from operations shall not be allowed to compound existing conditions on hard surfaces and public access areas. All debris deposited on these areas as a result of the Contractor's work shall be cleared from hard surfaces and public access areas before leaving the site that day. g. The contractor shall remedy hazardous materials on site which result from Contractor's work and shall properly dispose of the materials off-site. The contractor shall notify all appropriate agencies. h. Malfunctioning equipment shall only be left on site with barricading, tagging, and reasonably supervising it until repairs are affected. In no case shall the equipment be left on site overnight. i. During all operations, the Contractor shall be subject to local ordinances regarding noise levels (see NOISE in Santa Ana Municipal Code). Any scheduling of the Contractor's operations may be modified by the City at no additional compensation to the Contractor to ensure that the public is not unduly impacted by the noise of equipment or operations. j. Fuels and additives shall not be left exposed or accessible to patrons. k. Fueling and repair operations shall be performed off of turf areas and away from patron activity. I. All pesticides shall be handled appropriately and safely. 3.3 Vehicles and Equipment 3.3.1 The contractor shall take necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment. 3.3.2 The contractor shall immediately repair or replace all equipment deemed by the CR(s) to be unsafe, irreparable, or in unsatisfactory condition. 3.3.3 The contractor shall provide and properly maintain all necessary vehicles and equipment including, but not limited to: vehicles, mowers, edgers, saws, blowers, water hoses and nozzles, squeegees, and high-pressure/low-volume sprayers. 3.3.4 All vehicles shall display Contractor's name with an approved City service statement visible, such as: X.Y.Z. Contracting, Inc. Serving the City of Santa Ana A prototype of the magnetic placard shall be submitted to the City for approval within 30 days of the award of the Contract, with the placement of the placards on all vehicles operating within the City limits to take place within 60 days following the recognition of the Contract. 3.3.5 All equipment shall receive scheduled preventive maintenance to promote equipment reliability and ensure optimum performance at all times. 3.3.6 All equipment is subject to CR's approval. 3.3.7 Equipment failures that happen more than three (3) times in one (1) month will be subject to deductions and a directive to replace the unreliable piece of equipment. 3.3.8 In preparing the proposal, the Contractor shall consider the following conditions pertaining to the vehicles and equipment utilized in the completion of the specified maintenance tasks: a. The City Council of Santa Ana is considering banning all fuel-powered (e.g., gasoline, methanol) leaf blowers. The contractor will not receive additional compensation should such a ban be implemented before or after the award of the Contract. b. Mowers utilized for the hybrid Bermuda athletic turf must be dedicated solely to that hybrid Bermuda grass to prevent contamination. c. A self-contained power scrubber unit shall be required to perform washing and steam-cleaning operations. The contractorshall meet all specified criteria as outlined in Section 22.2 of the Specifications in Appendix B. All wastewater recaptured by such a unit must be disposed of in a sanitary sewer approved by the City. 3.3.9 The contractor's vehicles may be permitted to drive on turf when conditions allow following specific routes designated by the CR(s). Areas designated as "unavailable for vehicle travel," such as natural habitat areas, shall be serviced by other means. 3.3.10 The City shall provide, if possible, a storage area(s) at those sites that are not immediately accessible to Contractor's vehicles. (If a storage yard is unavailable the contractor shall have a storage facility close to the City of Santa Ana to impact the maintenance). 3.3.11 Larger vehicles may be allowed in the performance of non-regular maintenance tasks, with the approval of the City. 3.4 Locks and Keys 3.4.1 Access to City facilities shall be in accordance with instructions, keys, and/or security cards issued or provided by the CR(s). Access may include special instructions about security systems installed at facilities. The contractor shall take all reasonable precautions to ensure that the security of the facilities and internal equipment, furnishings, and other items are always maintained. 3.4.2 The City may develop an initial chain and lock system with a specific number of replacement locks for trash containers, restrooms, gates, valve/pump cover boxes, and controllers. The contractor shall be responsible for purchasing similar locks upon the loss of any City-owned locks initially provided to the Contractor. The City shall exchange, one- for-one, locks that have been vandalized or are inoperable. 3.4.3 Contractor may provide a chain and lock system, at Contractor's expense, for trash containers located throughout the site to secure and limit the removal or tipping of the containers. 3.4.4 The Contractor shall be responsible for the series of keys assigned to it and assign these keys to its personnel to maintain the facilities. The contractor shall be responsible for the proper use and safekeeping of all keys issued by the City to the Contractor. 3.4.5 Contractor shall report all lost or stolen keys to the City representative(s) within twenty- four (24) hours of discovering the loss. The contractor shall reimburse the City for the total cost of re-keying the facility or duplicating additional keys, as determined by the City. 3.4.6 Upon termination or cancellation of the Contract, Contractor shall immediately return all keys, cards, remote controls, etc., to the City. 3.4.7 California law stipulates that it is unlawful for a person to duplicate any keys without the owner's permission. The penalty for violation of this law is either six (6) months imprisonment or a fine of $500.00, or both. 3.5 Service Yard and Storage Area(s) 3.5.1 The City, at its discretion, may provide storage and office facilities for Contractor's use. In such cases, the Contractor is prohibited from using said facilities to conduct any of its business outside the scope of the Contract. Further, said facility shall not be used for human habitation, other than a night watchman or patrol service as specifically approved by the City. 3.5.2 CR(s) shall identify and authorize Contractor to use a designated area, if available, exclusively or shared with City, for onsite storage as needed. If the designated area is shared with the City, Contractor shall identify equipment, materials, and supplies belonging to Contractor. If the City provides an area, the Contractor is responsible for securing and providing the CR access. The contractor shall safely store all supplies and compliance with all laws and regulations. 3.5.2.1 The contractor may not store any trash, litter, or recyclable material at the facility or in any vehicle for a period of over 24 hours. Notwithstanding the foregoing, the Contractor must conduct all operations at the facility in compliance with all applicable laws and regulations so as not to create a nuisance. 3.5.2.2 The contractor shall not "stockpile" hazardous materials in any quantities at the facility and shall not maintain any amount of such material at the facility greater than that which Contractor plans to use within the following 30 days. Notwithstanding the foregoing, the Contractor shall sometimes store all hazardous materials in compliance with all applicable state and federal laws and regulations. 3.5.2.3 The contractor shall not dispose of hazardous material on the site. All such hazardous materials collected on the site shall be appropriately stored temporarily, after that to be disposed of by Contractor at an approved disposal site, per California statutes. 3.5.3 Contractor, at its own risk, may store equipment and materials required for maintenance in said facility, providing the City has agreed to provide such facility. However, the Contractor must always use safety standards and handling procedures as applied to such equipment and materials. This contract assumes minimal facilities for the Contractors' vehicles and equipment. 3.5.3.1 City shall not be liable for damage or loss to Contractor's equipment, materials, and/or personal property. The contractor shall hold City harmless and waive any claims for damage for loss of use of any equipment, materials and/or property that may occur at City facilities. 3.5.4 Contractor shall maintain the service yard and/or storage area(s) in a clean, weed-free, well-organized manner in keeping with the highly visible nature of the surrounding area. Failure to do so may result in the Contractor's loss of the use of the storage area(s). 3.5.4.1 The service yard and/or storage area(s) occupied by Contractor shall be cleaned and swept once per week and the sweepings disposed of in a lawful manner. 3.5.4.2 Contractor shall remove all undesirable material including, but not limited to, trash, accumulated debris, and equipment that is no longer usable for the purpose it was intended for, from the service yard and/or storage area(s). 3.5.5 The City may inspect service yard and/or storage area(s)for compliance anytime at City's discretion. 3.5.6 Upon expiration or termination of Contract, Contractor shall restore service yard and/or storage area(s) to its original condition. Nothing contained herein which permits Contractor to use designated space shall be deemed or construed as a lease of space, but shall be a mere right to use. 3.6 Utilities The City shall pay for the installation and use of all utilities at these sites, with the exception of the Contractor's telephone hookup and service. 3.7 Traffic Control 3.7.1 When working in road rights-of-way, Contractor shall comply with all procedures and requirements specified in the State of California (CALTRANS) Manual of Traffic Controls for Construction and Maintenance Work Zones and within the confines of applicable OSHA requirements. 3.7.2 Contractor shall cooperate with the Santa Ana Police Department (SAPD) relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of vehicles. If required, the contractor shall obtain an encroachment permit for any partial or complete lane closure. All work that requires traffic controls will need to comply with the current WATCH manual. 3.7.3 When entering or leaving roadways carrying public traffic, Contractor's equipment, whether empty or loaded, shall in all cases, yield to public traffic. 3.7.4 Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or WATCH Book). Lighted signs or arrow boards are required as needed. 3.8 Bloodborne Pathogens and Biohazardous Material The contractor's staff shall be aware of potential exposure to bloodborne pathogens through hypodermic needles, blood and feces, and shall wear personal protective equipment. Contractor shall treat hypodermic needles, large quantities of feces, and any rags, paper towels, or other materials containing blood as biohazardous material. Only individuals trained in the removal and disposal of such material shall do so. Contractor shall immediately notify the appropriate authority upon the discovery of such occurrences. Contractor shall secure the affected site until such time that the appropriate authority can respond. See California statutes and guidelines for process. 3.9 Accident Reporting and Site Securing Contractor shall immediately notify the designated CR(s) of any accident, regardless of whether or not injury or damage is evident, involving park patrons, City staff and equipment, and Contractor's staff, vehicles, and/or equipment shall secure the site until rendered safe. Contractor shall provide all written reports and/or documentation requested by the City. 3.10 Vandalism The contractor shall report any damage to City property, including but not limited to vandalism,Acts of God, and third-party negligence to the CR. Via email, phone call, or message as determined by CR. 3.11 Cooperation / Collateral Work The City and other contractors will conduct on-going activities and operations during Contractor's work. These activities will include but are not limited to landscape refurbishment, irrigation system modification or repair, construction and storm-related operations. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by the Contractor as a result of the City's work. Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the CR(s)to cooperate. 3.12 Protection of Existing Facilities and Structures The contractor shall exercise due care in protecting from damage all existing facilities,structures and utilities, both above surface and underground, on the City's property. 3.12.1 Any damage to City property deemed to be caused by Contractor's negligence or failure to use due care shall be corrected or paid for by Contractor at no additional cost to the City. 3.12.2 If the City requests or directs Contractor to perform work in a given area, Contractor shall verify and locate any underground utilities. This does not release Contractor's duty to take reasonable precautions when working in these areas. Any damage or problems shall be reported immediately to the City. 3.13 Protection of Property During Inclement Weather (Emergency Response) During storms and periods of excessive rainfall, and in conjunction with Emergency Call-Outs (below), Contractor shall provide supervisory inspection of the work during regular working hours to prevent or minimize possible damage from such adverse weather. The prime factors in assigning work shall be the safety of the workforce and damage to landscaping. 3.13.1 Contractor shall submit a report identifying any storm damage to the CR(s) and attach a site map identifying location of damage and cost estimate to repair/replace within 48 hours. 3.13.1.1 Report shall contain photos with captions. 3.13.1.2 If remedial work is required beyond the scope of this Contract, it shall be paid for as AEW. 3.13.2 Contractor shall remove debris accumulated by high winds or other typical or non-typical environmental conditions. The contractor shall remove minor silt and debris from athletic fields, V- ditches, adjacent inverts, storm drains, etc. 3.13.3 During the periods that excessive rainfall hinders normal operations, the Contractor shall adjust its activities to perform functions such as litter and debris pick-up, remove downed limbs, clear drains and other duties as deemed necessary by the CR(s). 3.13.3.1 During periods of excessive rainfall, the Contractor shall keep all area drains and draining facilities clear and operating and remove water from all tot- lot areas, if directed. 3.13.4 Failure to adjust the workforce to show satisfactory progress, as determined by Contractor and CR(s) jointly, on the work may result in a deduction of payments. 3.14 Emergency Numbers and Emergency Call-Outs 3.14.1 Contractor shall supply the City with name(s) and phone number(s) of person(s) representing the Contractor for 24-hour emergency response, seven (7) days per week. 3.14.1.1 The City will, in turn, provide Contractor its emergency contact information so that in the event Contractor must contact the CR(s), this information can be utilized. 3.14.2 Contractor shall have the capability to receive and to immediately respond to calls of an emergency nature during normal working hours and during hours outside of normal working hours (See Section 2.3.1.k). Contractor shall be available via voicemail, text, phone, or answering service. The aforementioned information shall remain current at all times. 3.14.2.1 Contractor shall respond by phone within 30 minutes of a call from the CR(s), and shall be on site within 30 minutes of the call back. Any changes to contact information shall be forwarded to the City in writing within 12 hours of any such change. 3.14.2.2 In situations involving emergencies after normal work hours, Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour. 3.14.2.3 Calls of an emergency nature received by the City shall be referred to Contractor for immediate disposition. 3.14.3 If emergency work is required, the Contractor shall notify the CR(s) by telephone before any emergency work is commenced. 3.14.4 Contractor's vehicle shall carry sufficient equipment to control traffic (barricades, delineators, cones, etc.). 3.14.5 When the Contractor arrives at the site, Contractor shall set up traffic warning and control devices and any other safety devices, if deemed necessary, and proceed with remedial action after contacting the CR(s). 3.14.7 Public health/safety matters requiring an emergency response include but are not limited to: any portion of the irrigation system functioning in a non-operational manner, broken water mains, stuck valves,the threat to private property resulting from Contractor's operations, fallen trees, down or hanging limbs, natural disasters, etc. 3.15 Contractor's Staff The contractor shall provide sufficient personnel to perform all work by the Specifications set forth herein and in Appendix A, B, C, and D. This is a performance-based Contract. 3.15.1 In its proposal, the Contractor shall define the minimum staffing. It is up to the Contractor to complete all tasks as defined, regardless of staffing, but they shall maintain at least the minimum staffing, as stated in their proposal, at all times. 3.15.2 In its proposal, the Contractor shall list the names of all employees, titles, hours and which location/area each employee is assigned. DIR reporting sheets will be used to verify staffing levels by area. 3.15.2.1 Each crew of Contractor's employees shall include at least one (1) individual who speaks and comprehends the English language at a professional level. 3.15.3 The City may, at any time, give Contractor notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of the City or public. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter, and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employee(s)will not be detrimental to the interest of the City or public. Examples of employee conduct or action that prove detrimental to the interest of the City of public include, but are not limited to: • Unprofessional behavior • Misleading or false statements • Misrepresentation of work accomplishments • Illegal activities 3.15.4 Contract-designated staff employees shall not work on supplemental tasks (AEW) during regular work hours. If worked during regular hours, additional staff will be required, contracted work shall not experience any reduction in frequencies or quality. 3.15.5 Contractor shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and the public the name of the Contractor. The identification system shall be furnished at Contractor's expense and may include appropriate attire and name badges as specified by the City. 3.15.6 Contractor shall require each of its employees to adhere to basic standards of working attire, including full uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. 3.15.6.1 Employee pants, shirts, jackets, and sweatshirts must be uniform. Shirts, jackets, and caps used as uniforms shall bear Contractor's identification logo. 3.15.6.2 Shirts shall be worn at all times, and shall be buttoned and tucked-in. 3.15.6.3 No caps with insignias or designs other than Contractor's logo may be worn, and no caps shall be worn backwards. 3.15.6.4 The City shall approve Contractor's uniform prior to the start of the Contract. 3.15.7 The City expects Contractor's staff to turn into CR(s) all items that have been lost or misplaced by the general public, regardless of perceived value. Contractor shall communicate this expectation to all employees. All items must be returned to the Tree Farm (7600 E. Spring Street, 90815) and have an accompanying landscape area ID and date. 3.16 Work and Workmanship Contractor shall thoroughly complete each task in a professional and workmanlike manner, and shall use quality equipment and materials that comply with all current regulations to complete the scope of work at the proper standards. The safety of workers, passersby, and the public shall be paramount. Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage ground cover, sports, or turf areas. During the periods when inclement weather hinders normal operations, Contractor shall adjust its work force and schedule. Contractor shall immediately notify the City when the work force has been removed from the job site due to inclement weather or other reasons. Supervision and Special Skills The contractor shall assign a supervisor for the north, south, Civic Center, and Zoo districts, as proposed in the labor summary, who will be authorized to act on behalf of the Contractor and who will work regular working hours for the duration of this Contract. He/she shall have at least five(5)years of experience in landscape maintenance supervision. The contractor, and Contractor's staff, must have horticultural expertise and a broad range of experience in plant care and maintenance, including California native and southwest-adapted plants,turf management, entomology, pest control, soils, fertilizers, plant identification, and irrigation system maintenance. The contractor's supervisor shall be capable of communicating effectively both in written and spoken English and have experience in park maintenance projects of the type found in the City of Santa Ana. All supervisors and acting supervisors shall be outfitted by Contractor with a portable personal communication device capable of transmitting and receiving phone calls from anywhere. The crew leader and/or supervisor needs to be available during working hours to meet the CR on any given issue at any service location. Should this individual change, the CR(s) must be notified in writing within five (5) days of the change. 3.17 Management and Enforcement 3.17.1 The contractor has the responsibility of providing fully trained and qualified personnel. The CR(s) at each site shall closely monitor the staff activity to detect operational irregularities and non-compliance with contractual requirements. 3.17.1.1 Enforcement is the responsibility of the Contractor, not the City. 3.17.1.2 All specifications shall be managed by the Contractor to ensure the standards are being met. 3.17.2 It is Contractor's responsibility to see that the organization oversees all activities. Furthermore, the Contractor must ensure that standards are met and do not delay, ignore, or otherwise limit its contractual obligations. 3.17.3 Before initiating any task, each site shall be inspected by a knowledgeable and responsible employee of the Contractor, who shall determine the practicality of initiating the operation. Upon the Contractor's determination of the impracticality of initiating the operation, the City shall be consulted. The City's decision shall be final. 3.18 Contact with Minors The contractor providing services at any City location shall provide the City with a list of all persons over the age of eighteen (18) who will be working at such locations. State law provides that the Contractor shall fingerprint all such persons referred to herein and shall obtain criminal history information pursuant to California Penal Code 11105 or 13100 for each individual. Prior to the award of the Contract,Contractor shall provide written verification that all persons, as referred to herein, have not been convicted of any offense involving moral turpitude, nor any offense as specified in Penal Code 11105.3 (g), nor any offense relating to the type of services to be performed as determined by the City. Contractor shall pay the costs incurred with the fingerprinting and obtaining the criminal history information. Any misrepresentations with respect to Contractor's obligations under this section or failure to comply with the requirements as stated herein shall constitute a breach of the contract thereby giving City the right to terminate the Contract immediately. Contractor shall indemnify the City for any such breach of this section. SECTION 3 EXECUTION OF WORK 4.1 Subcontracting No performance of this Contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this Contract without said consent shall be null and void and shall constitute a default under this Contract. In the event of such a default, the City may immediately terminate this Contract. In the event the City should consent to assignment or subcontracting, each term and condition of this Contract shall extend to and be binding upon and inure to the benefit of the assigns, successors or administrators of the respective parties. In the event that the City should consent to subcontracting,the Contractor shall include in all subcontracts the following provision: "This Contract is a subcontract under the terms of a prime Contract with the City of Santa Ana. All provisions of that prime Contract shall apply to this subcontract." The Contractor shall indemnify, defend, and hold harmless the City and its employees from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees. 4.2 Contractor Hiring The City encourages Contractor to create new jobs for low or moderate-income persons and Santa Ana youth for its operations under this Contract. Contractor agrees that it shall use good faith efforts to create such new jobs. All qualification and hiring decisions will be made by Contractor. The contractor agrees that it will reasonably cooperate with the City through the City of Santa Ana's Training and Employment Development Officer and staff with respect to recruitment, screening and tracking of employees. In implementing these efforts, such Officer and staff will provide to Contractor, at no cost, pre-screening and pre- qualification of all potential job applicants. Such services include assisting with community outreach to recruit qualified job applicants and conducting pre-screening of all potential job applicants and conducting pre-screening sessions to determine the most qualified applicants for jobs. 4.3 Notice Requirements (for purposes of non-performance or otherwise) Notice shall be in writing, as a work order, and submitted via email to the Contractor and Director of PRM. Notice shall be given on the date shown on the email. Change of email address shall be given in the same manner as other notices. 4.4 Default by Contractor/Termination Notwithstanding and in addition to payment deductions for Contractor's deficient performance described within Section 2.3.1 (e) of the RFP, the City may terminate this Contract without liability for damages when, in the City's sole opinion, the Contractor is not diligently performing or otherwise not complying in good faith with the Contract, has become insolvent, has assigned or subcontracted any part of the work without the consent of the City, or has otherwise defaulted in the performance of the Contract, and has not otherwise cured such default after a period of ten (10) days' notice given by the City to do so. Suppose a default situation occurs as a result of the Contractor's non-performance and/or non-compliance to the specifications and requirements herein or any other work applicable under this Contract. In that case, Contractor agrees that the City may withhold payment or partial payment of any and all invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. If the City terminates the Contract, the City will give notice to that effect to the Surety and Surety shall, within five (5) business days of delivery of the notice, assume control and perform the work as successor to the Contractor, and shall be paid by the City for all work performed. If the Surety does not comply with such notice within said five (5) day period or, after starting to comply, fails to continue, the City may exclude the Surety and the Contractor from all City facilities and have the work completed by City employees, by another Contractor, or by a combination of such methods. All costs incidental to the default of the Contractor shall be charged to the Contractor and the Surety, and may be deducted from any monies due the Contractor. Surety shall pay,within fifteen (15) calendar days of receipt of an invoice, all such incidental costs less any amount deducted from monies due. 4.5 Temporary Suspension of Work The City Representative(s) (CR) shall have the authority to suspend work by the Contractor, wholly or in part for such period as necessary due to unsuitable work conditions, failure of Contractor to carry out directions, unsafe or hazardous conditions, or failure to perform in accordance with these provisions. The Contractor shall request permission of the CR(s), during City business hours, to temporarily suspend work wholly or in part for such period as necessary due to unsuitable, unsafe, or hazardous work conditions or failure of the City to notify the Contractor of changes in locks, security codes or access to facilities being cleaned. 4.6 Damage Caused by Contractor All damage to existing facilities caused by Contractor shall be repaired or replaced at Contractor's sole expense. All such repairs or replacements shall be completed within the time limits specified by the City below: a. Irrigation damage shall be repaired or replaced within one (1) watering cycle or 24 hours. b. All damage to shrubs, trees, turf or ground cover shall be repaired or replaced within five (5) working days. C. All damage to appurtenances shall be replaced within a period of 30 days. All repairs or replacements shall be completed in accordance with the following maintenance practices: a. Trees: All damage, including minor damage, such as bark lost from impact of mowing equipment or string trimmers, shall be subject to replacement with a tree comparable in species and size, as approved by the City, within 30 days. b. Shrubs/Ground Covers: All damage shall be subject to replacement with a shrub or plant comparable in species and size, as approved by the City, within 30 days. c. Appurtenances: All damage caused by Contractor to components of the facilities or grounds, including but not limited to benches, picnic tables, permanent chairs, irrigation heads, valves, valve boxes, controller boxes, concrete walks, railings, fencing, and gardens shall be corrected at Contractor's expense, within 30 days. 4.7 Non-Emergency Call-Outs Time and materials shall be charged for payment on a separate invoice and pre-approved by the City, (i.e. trash pickup generated by special functions) for those items outside of the normal scope of work. The time and material charges shall be in accordance with the submitted cost proposal. 4.8 Work Not Included Water and electrical billings, except in instances where excessive costs are incurred by the City due to water waste or negligence by Contractor, are not included in this Contract. If the Director of PRM, based upon all of the facts that may be gathered, determines that excessive water and/or utility costs have occurred due to Contractor's work,the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs. 4.9 Signs / Improvements Contractor shall not post signs or advertising matter on City property unless prior written approval therefore is obtained from the City. SECTION 4 ENVIRONMENTAL REQUIREMENTS 5.1 Environmental Requirements 5.1.1 Contractor shall ensure that all personnel whose responsibilities involve cleaning, waste disposal, or landscaping are trained in Best Management Practices, as set forth in the City's NPDES permit and Storm Water Management Plan. 5.1.2 In preparing its proposal, Contractor shall consider the following conditions pertaining to the completion of the specified maintenance tasks: a. Contractor must conduct all operations in accordance with the City's Storm Water Management Plan and State NPDES. b. Appurtenances must be cleaned by a method(s)which does not result in runoff going into any water body, gutter or storm drains. Only potable water may flow into any water body, gutter or storm drains. C. All wash water must be disposed of in a sanitary sewer. d. No litter, debris, oil, grease, green waste, or other materials and substances may be washed, swept, or blown into the street or storm drains. e. All liquids, including but not limited to, rinse water and cleaning agents, must be properly disposed of in compliance with all laws and regulations. No liquid or product of any kind may be discharged to a gutter, storm drain or paved surface where it could be carried to the storm drain system or to a water body. f. For washing operations, Contractor shall use (1) a high-pressure/low-volume sprayer using only potable water and no cleaning agents at an average use of .006 gallon of water per square feet of surface; or (2) a self-contained power scrubber, which recaptures all wastewater, cleansers, and debris. All wastewater recaptured by a self-contained power scrubber must be disposed of in a sanitary sewer approved by the City. 5.1.3 Contractor shall comply with the City's recycling efforts and program. a. Contractor is required to recycle green waste, keeping it separate from trash and other debris. 5.1.4 Contractor shall have an Integrated Pest Management policy/program in effect. 5.2 Refuse Disposal 5.2.1 Unless directed otherwise, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service 5.2.2 The City will provide the refuse bins and pay the costs of the disposal, however, the contractor shall dispose of all trash, litter, and debris collected (i.e. refuse) by Contractor in the performance of the daily maintenance tasks including refuse collection, green waste, debris, litter, trash, emptying of trash cans, and litter control. The refuse collected by the Contractor in the performance of these tasks shall be transported to a proper disposal site by the Contractor. 5.2.3 No trash, litter, debris, or green waste shall be permitted to be dumped from sites not on this contract, If the contractor is found to abuse the refuse bins, the contractor will assume the responsibility to dispose of and pay for all refuse costs for the remaining terms of the contract. 5.2.4 The contractor shall maintain logs or invoices showing Santa Ana address identifying its refuse collection and disposal activities and make those logs or invoices available to the City for inspection on reasonable notice. 5.2.5 The contractor will not be required to sort recyclable materials from trash and other refuse collected by the Contractor. Recyclable materials are the property of the City. 5.3 Hazardous Materials Use of any chemicals or hazardous materials by the Contractor in performing services shall be subject to approval of the City and shall be used in accordance with the manufacturer's directions and specifications. Contractor shall store and dispose of chemicals or hazardous materials in accordance with all laws, rules and regulations on the subject. Contractor shall defend, indemnify and hold harmless the City and its officials and its employees for all claims,demands,damage, causes of action, loss, liability,cost or expense relating to the Contractor's failure to comply with this section. 5.4 Sound / Noise Control Requirements Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, specifically Santa Ana Municipal Code 8.80 NOISE, that apply to any work performed pursuant to the Contract. 5.4.1 Each internal combustion engine used for any purpose for the work or related to the work shall be equipped with the type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated without such muffler. 5.4.2 The Santa Ana City Council is considering a ban on all fuel-powered leaf blowers. Contractor will not receive additional compensation should such a ban be implemented prior to or after the award of the Contract. 5.4.3 Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be paid. SECTION 5 CHANGES TO THE CONTRACT 6.1 City's Right to do Work The City reserves the right to do work as required within the Contract Areas. If such work affects Contractor's work,the City will ask Contractor to submit costs incurred by Contractor as a result of the City's work. 6.2 Changes in Service 6.2.1 Special Events a. The areas contained in this Contract are frequently utilized for special events. Some of these special events (e.g., filming, carnivals, concerts, parades, etc.) will affect regular grounds maintenance operations for extended periods of time. In these instances, the City may request an alternative means of, or alternate schedules for, maintaining these areas. For example: mowing operations in some areas may not be possible due to a filming setup. In this instance, the City may request the Contractor to control the growth of weeds around the area in lieu of mowing, at no different or additional cost other than the amount proposed for mowing. b. Certain damage to turf, irrigation, and other landscaped areas may result from large special events. Contractor is not liable for the repair of such damage, but may be asked to perform said repair work as "Additional Work." Prior to each large special event, the Contractor and the CR will jointly assess the conditions of the designated sites to establish a benchmark for any needed "Additional Work." 6.2.2 Construction Activity & Maintenance Functions a. In the event that construction activity prevents, or limits, Contractor from performing certain maintenance operations, the City, at its discretion, may remove, temporarily or permanently, the affected areas, or maintenance functions, from the Contract and the Contract price shall be reduced pro rata. 6.3 Special Requests Contractor may be requested by the City to perform special tasks that are not included in the normally scheduled work (i.e. citizen requests, coordination with utility locations, or special work orders relative to City functions). It is intended that the Specifications are indicative of the work to be anticipated by Contractor and will allow for reasonable additional work which is considered normal maintenance at no additional cost to the City in order to meet the objectives and criteria. 6.3.1 Soil and Plant Testing Upon request, Contractor shall perform soil or plant testing of selected areas for soil fertility, salt build-up, pathological organisms, percolation tests, etc. Contractor may be required to pay costs of tests if negative results are related to incorrect maintenance practices. These tests will be used to determine whether additional treatments are required. Tests will be requested by the CR(s). Payment shall be in accordance with Unit Work Costs in the cost proposal. SECTION 6 CONTRACT ENFORCEMENT AND EVALUATION 7.1 Contract Enforcement 7.1.1 The contractor or its authorized representative shall meet on the site, as needed, at the discretion and convenience of the City, with a CR to do a site inspection as it relates to determining compliance with the Contract Specifications, site challenges, and/or developing a scope of work. All scheduled and periodic maintenance functions shall have a current status and completion date prior to this meeting and be documented on the electronic monitoring and work order system. Contractor's representative must be authorized to sign documents and make changes to the work. 7.1.2 The City reserves the right to perform inspections at any time to monitor performance. The contractor shall cooperate with the City, State, and Federal representative(s) in the review and monitoring of the Contractor's performance, records and procedures (see Section 7.2). 7.1.3 At the request of the City, the Contractor or its appropriate representative shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract, and description of City policies and procedures. 7.1.4 In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action. 7.2 Performance Evaluation 7.2.1 City staff shall perform site inspections each day at undisclosed times and at various service areas to determine if scheduled tasks are performed as specified. 7.2.2 If the CR determines that any required services are deficiently performed, incompletely performed, or not performed at the appropriate time as specified by the City, the City will give notice to the Contractor via work order or email to correct the deficiency, complete the performance, or perform within a time stated in the notice. If Contractor fails to correct deficiencies within that time, the City may: (a) deduct $300 from Contractor's payment a sum attributable to the deficiency; or (b) upon giving five (5) days' notice to the Contractor for failure to correct the deficiencies, City may correct the deficiencies. The costs incurred by completion of the work by an alternate source, whether it be City forces or another contractor, will be deducted from the payment to the Contractor from the City, as determined by the City. 7.2.3 A sum of $300.00 will be deducted from the base payment amount for each deficiency per occurrence. 7.2.4 City staff will perform these site inspections utilizing the City's contract performance management system on-site with portable electronic devices with a data connection. These devices allow for performance deficiencies to be documented immediately while completing, which will send a notification immediately to the Contractor. CITY OF SANTA ANA 7.2.5 The action above shall not be construed as a penalty, but as an adjustment of payment to the Contractor to recover a portion of City costs due to the failure of the Contractor to complete or comply with the provisions of this Contract. EXHIBIT B VARIOUS CITY SITE MAPS 1% P tv i r 5 at Prentice Park Prenticee at Chestnut rive --E'Ma I Snta I Zoo (map of 3) t< 4 1 14V` Santa Ana Zoo (map 2 of 3) Lot Detail • Y _ 1 �CrrantA«I � - . .• General I and Clean 8 . 1 Daily I '1 r • dT. _ 1 Y+C'K*NO'M 1 • � # Googk Santa Ana Zoo . p Detail General I and Clean • _ I EXHIBIT C PRICING PROPOSALS/RATES Cost Proposal ADDENDUM 2•EXHIBIT I ATTACHMENT A-2 REVISED PROPOSAL PRICING DISTRICT 1 PARKS(MUSr BE FULLY LOADED AND INCLU DE LABOR, gym ♦ Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents Cesar Chavez/Campesino 7 Edna 2 El Salvador 9 King SL Park* TBD Memory lane 0.6 Riverview 8 R-ita 8 Other(MUST BE FULLY LOADEDAND INCLUDE LABOR, EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Acreage* 17th 51.&Santa Ana River Triangle U.69 Fairview Triangle 0.73 Annual Total *Future Park DISTRICT l:SANTA ANA LIBRARY Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage* Monthly Rate Yearly Rate Full Time DUMPING,ETC.) Equivalents New Hope Libray O.SG Annual Total n.a DISTRICT 2 PARKS(MU ST BE FULLY LOADED AND INCLUDE LABOR, kYeap Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents 10th and FI ower Park* 1.7 Angels Community 1.7 Bimh 2.4 Cabdllo 7.3 Cabrillo Tennis Center 7.6 Cheppa's 0.4 EI d ridge 1.2 Fisher 1.5 French 0.7 Garfield 0.1 Mabury 5.5 Mariposa 0.5 Morrison 5.9 Portola 9.1 Saddleback View 0.9 Santiago(including bike trail) 26 LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage 602 N.Garfield Street 0.2 Centers/Facilities(MUST BE FU LLY LOADED AN D IN CLU DE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage DUMPING,ETC.) Garfield Community Center 0.2 Plaza Cal le Cuatio 0.7 Sarah Mae Downie Herb Garden 0.1 Santa Ana Stadium 6.9 VnWillard Playground 0.2 nual Total n/a Future Park DISTRIC72:COMMUNITY DEVELOPMENT AGENCY Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Linear Miles Monthly Rare Yearly Rate Full Time DUMPING,ETC.) [quivalents 2nd Stfrom Bmadwayto Sycamore n 1 4th St from Ross to French 05 LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage Monthly Rate Yearly Rate Full Time Equivalents N E comer of 3 rd St.and Bush St. 0.8 312 N.Bush Street 0.1 Annual Total - 17 DISTRICT 3 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage' Me nthly Raft Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents Bristol/Tolliver Park* 1.1 Bomo Koral 11 Delhi 10.4 Lillie King 9.6 Madison 6 Memonal 15.5 Maple Occidental Exercise Park 0.43 Pacific Electrc 1.4 Sandpointe(including paseci 7.7 Segerstrom 1.2 Standard and McFadden Park 0.54 TmI is and Walkways[MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Linear Miles Monthly Rate Yearly Rate DUMPING,ETC.} Flower Trail(Flower/Wamerto Flower/Sunflower) 1,5 Pacific Electric Trail(Chestnut/Mapleto Alton/Bnstol) 3.5 LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage Monthly Rate Yearly Rate 300 S.Main Street 04 1022 S..Main Street 01 Centers/Fatilitles[MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage Monthly Rate Yearly Rate DUMPING,EiC.} RooseveldWalker Comm.Center 1.3 Unused Property[MUSTBE FULLY LOADEDAND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage Me nthly Rate Yearly Rate DUMPING,ETC.} ll 625 S.Cypress-Cypress Fire Station 0.17 Annual Total n/a Future Park DISTRICT3:COMMUNITY DEVELOPMENT AGENCY Centers/Facflftles(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage Monthly Rate Yearly Rate Full Time DUMPING,ETC.) Equivalents Camagie Homeless Shelter TBD LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage NE comer of 3rd St.and Bush St. 0.8 312 N.Bush Street 0.1 nnual Total n/a DISTRICT4 PARKS[MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,EfC.) Equivalents lst/Mountain View Park' 1.7 Adams 7 Centennial 87 Ed Caruthers Park* 1.1 Friendship 0.1 Hen Cage 8 Jerome 14 Santa Anita 5 Thornton 35 Windsor 12 Trails and Walkways[MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Linear Miles Monthly Rai. Yearly Rate Full Time DUMPING,ETC.} Equivalents Bear Street(Segertrom Ave,to MacArthur Blvd.) 0.49 Greenville Street(North of Hall Ave.to Segerstrom Ave.) 0.38 Jerome(Monte Vista Ave to McFadden Ave) 0.25 MacArthur Blvd(Santa Ana River Trail to MacArthur Blvd) 0.06 St. Andrew PI./St.Gertrude PI. 0.18 Raitt Street(Segertrom Ave.to Alton Ave.) 0.25 Other[MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Acreage McFadden Tnangle 0.94 nnual Total n/a *Future Park DISTRICT 4:SANTA ANA POLICE DEPARTMENT [enters/Fadlites(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage* Monthly Rate Yearly Rate Full Time DUMPING,ETC.) Equivalents San to An a PAAL Cen ter 0.52 Annual Total n a CIVIC CENTER LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage Monthly Rate Yearly Rate Full Time Equivalents Annual Total n/a SANTA ANA 100 ZOO (MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Manthly Raft Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) I Equivalents p 20 $45,513 $546,156 5.3 O nnual Total 20 145,5121 $546,156 5.3 PCAARBO-01 VPAINTER '4�oRo CERTIFICATE OF LIABILITY INSURANCE DATE51202YYYY) 615/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condi'i-3ns of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in I au of such endor ment s). PRODUCER License#OC32169 ncho Mesa Ins&annccle�Servi Inc. ONE 619 937-0164 FAX 5 A 2r�e 2A c e v e d o (arc,No,Ext) ( ) (A/C,Nu): `err■ I S S F D l�S V E NAIC# QFR ri a to 554 INSURED INSURER B:Greenwich Insurance Company 22322 PCA Arborists&Consultants Inc.dba:Pacific Coast INSURER C: Arborists 910 E Walnut St. INSURER D: Santa Ana,CA 92701 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR NSD WVD MM1DD/YYYY MM1DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX]OCCUR X X NPC-1006073-01 6/212023 5117/2024 DAMAGE TO RENTED ncel $ 100,000 MED EXP(Ary one person $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY FA]PP& F] LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acc'de S ANY AUTO BODILY INJURY Perperson) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident S HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE NEC-6006892-01 6/2/2023 6/212024 AGGREGATE S 1,000,000 DED I X I RETENTION$ 0 S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRI ETC RIPARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT S QFFIC ER/MEMBER EXCLUDEI Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR. EXCESS LIABILITY DOES NOT APPLY TO AUTO LIABILITY CITY OF SANTA ANA,ITS OFFICERS,EMPLOYEES,AGENTS AND REPRESENTATIVIES ARE INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO GENERAL LIABILITY PER ATTACHED FORMS. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES WITH REGARDS TO GENERAL LIABILITY PER ATTACHED FORM. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SANTA ANA THE EXPIRATION DATE THEREOI ACCORDANCE WITH THE POLICY PRC RISK MANGEMENT DIVISION o"°"" Risk M"°gmwrdDivision 20 CIVIC CENTER PLAZA z REVIEWED&APPROVED BY.- Santa Ana,CA 92702 AUTHORIZED REPRESENTATIVE �A /1`�.J Risk Management(Sipecialisstt ACORD 25(2016/03) ©1988-2015 ACORD rights reserve . The ACORD name and logo are registered marks of ACORD PAGICOA-05 SNUNIEZ A�ORD CERTIFICATE OF LIABILITY INSURANCE DATE F (MYYY) 5/2312D/Y023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CQNTACT NnME: Paramount Exclusive Insurance Services,Inc. (A/C. ,Ext):(818 986-7283 FAX 818 986-4949 15760 Ventura Blvd.Suite 500 ) (A1c,No):( ) Encino,CA 91436 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:California Automobile Ins.Co. 38342 INSURED INSURER B:CorePointe Insurance Company PCA Arborists&Consultants,Inc. DBA:Pacific Coast INSURER C:Colony Insurance Company 39993 Arborists 910 E.Walnut St. INSURER D Santa Ana,CA 92701 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES E rence MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ O- POLICY JEPRCT LOC PRODUCTS-COMPlOP AGG $ OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ JANY AUTO BA040000059053 5/17/2023 5/17/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY AMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED I I RETENTION$ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN TATUTE ER ANY PRO PRIETORIPARTNER/EXECUTIVE X CPW1001415 5/17/2023 5l1712024 1,000,000 �ilAandERIM.toryIn NH)EXCLUDED? N/A E.L.EACH ACCIDENT $ 1,000,000 E.L.DISEASE-EA EMPLOYE $ If yes,describe under 1,000 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT C Equipment Floater IM258377-0 5/17/2023 5/1712024 Limit 327,908 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Waiver of subrogation in favor of City of Santa Ana,its officers,employees,agents and representatives.30 days notice of cancellation with endorsement to follow. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREO\ City of Santa Ana ACCORDANCE WITH THE POLICY PR( Risk Management Division RidcMsnagemaltDivislan 20 Civic Center Plaza y REVIEWED&APPR/ovED BY: Santa Ana,CA 92702 AUTHORIZED REPRESENTATIVE A ACevarda ruau L �r Risk Management Specialist ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PACIFIC COAST �'.;- M C O H1 1' A ti 1 E S April 26,2024 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana,CA 92702 RE: Professional Liability- Insurance Requirement Dear City of Santa Ana Risk Management Division: I, PCA Arborists&Consultants, Inc.,Pacific Coast Horticulturists,has intent to enter into an agreement with the City of Santa Ana.Throughout the course of this agreement,Pacific Coast I Iorticulturists,attests that I am not a licensed professional and will not employ a licensed professional durnig the course of my contract with the City of Santa Ana. By signing below,I,attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to any/all statements in this document,the contract will be considered null,and void and the company will be held frilly liable for any and all damages. If you have any questions,please do not hesitate to contact us by email or phone. Best regards, Brandon E President 949.631.8733 adminOrncatree.cnm 671 a oa,H Risk MuagemetdUi [art pacificcoastcompa tr," REVIEWED&APPROVE)13v: Acev44 —r Risk Management Specialist 949390.765? POLICY NUMBER: NPC1006073-01 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Blanket as required by written contract. Blanket as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the in the performance of your ongoing operations for location of the covered operations has been the additional insured(s) at the location(s) completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Risk Mougment DiAsion +% % REVIEWED&APPROVED BY. ® Risk Management Specialist CG 20 10 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or -- RiskMamVmattDMs[on �� -a REVIEWED&APPRov®BY: 7. WRisk Management Sped Mist V IQ Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: NPC1006073-01 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket as required by written contract. Blanket as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included 1. Required by the contract or agreement; or in the"products-completed operations hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. ,H.°--""ten Risk MmagemattMiBplon p.... R Vl�D&APPRov®01. i -1� Risk Management Specialist CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: NPC1006073-01 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance-, and RAMansgemattuiWston Risk Management Specialist CG 20 01 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: NPC1006073-01 ENDORSEMENT# THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY XL Plus Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read this endorsement carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force—Bodily Injury or Property Damage B. Damage To Premises Rented To You Extension • Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage • Limit increased to $300,000 C. Aircraft Chartered with Crew D. Non-Owned Watercraft E. Personal and Advertising Injury—Assumed by Insured Contract F. Increased Supplementary Payments • Cost for bail bonds increased to $5,000 • Loss of earnings increased to$1,000 per day G. Broadened Named Insured H. Blanket Additional Insured—Managers or Lessors of Premises I. Blanket Additional Insured—Lessor of Leased Equipment J. Injury to Co-Employees and Co-Volunteer Workers K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M.Liberalization N. Blanket Waiver of Subrogation O. Incidental Medical Malpractice Injury P. Extension of Coverage—Bodily Injury -- Risk ManaEetne2tf D(visfan Q. Coverage Territory "I'll, REVIEWED&APPRov®BY: Form XIL 436 1208 ©2008, XL America, Inc. L' A-fe Aczv do Includes copyrighted material of Insurance Services Office,Inc.,with its permissic Risk Management specialist A. REASONABLE FORCE—BODILY INJURY OR PROPERTY DAMAGE Exclusion a.Expected Or Intended Injury of Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I—Coverages is deleted in its entirety and replaced by the following: [This insurance does not apply to:) Expected or Intended Injury or Damage "Bodily injury" or"property damage'expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property. B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last paragraph of 2. Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I-Coverages is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. A separate limit of insurance applies to this coverage as described in Section III-Limits of Insurance. 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6.of Section III-Limits of Insurance is deleted in its entirety and replaced by the following: 6.a.Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same 'occurrence", whether such damage results from fire, explosion, lightning, smoke, aircraft or vehicle or riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage or any combination of any of these. b. The Damage to Premises Rented to You Limit will be the higher of: (1) $300,000; or (2) The amount shown on the Declarations for Damage to Premises Rented to You Limit. Risk M"mgementWsian REVIEWED&APMMM BY. Form XIL 436 1208 ©2008, XL America, Inc. A Aceuro{o Includes copyrighted material of Insurance Services Office,Inc.,with its permissic AM-MR, rusk Management Specialist 4. Paragraph 9.a.of the definition of"insured contract"under Section V-Definitions, is deleted in its entirety and replaced by the following: ["Insured contract" means:] a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage to premises while rented to you, or temporarily occupied by you with the permission of the owner is not an "insured contract". 5. This Article B. does not apply if coverage for Damage to Premises Rented to You of Coverage A. Bodily Injury And Property Damage Liability of Section I — Coverages is excluded by endorsement. C. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions contained in Exclusion g., Aircraft,Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage of Section I—Coverages: [This exclusion does not apply to:) Aircraft chartered with crew to any insured. 2. This Article C.does not apply if the chartered aircraft is owned by any insured. 3. The insurance provided by this Article C. shall be excess over any valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. D. NON-OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of Exclusion g.Aircraft.Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I—Coverages is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) 50 feet long or less; and (b) Not being used to carry persons or property for a charge; 2. This Article D.applies to any person who,with your expressed or implied consent, either uses or is responsible for the use of the watercraft. 3. This insurance provided by this Article D.shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. E. PERSONAL AND ADVERTISING INJURY—ASSUMED BY INSURED CONTRACT 1. Exclusion e. Contractual Liability in Part 2., Exclusions of Coverage B. Personal And Advertising Injury Liability of Section I—Coverages is deleted in its entirety and replaced by the following: o 1H Risk Mwwganentnivisinn �r REVIEWED&APPRovm By: Form XIL 436 1208 ©2008,XL America, Inc. Includes copyrighted material of Insurance Services Office,Inc.,with its permissic Risk Management Specialist [This insurance does not apply to:) e. Contractual Liability "Personal and Advertising Injury"for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: 1. That the insured would have in the absence of the contract or agreement; or 2. Assumed in a written contract or agreement that is an "insured contract"; provided the "personal and advertising injury" is caused by an offense which occurs subsequent to the execution of the contract or agreement. 2. Subparagraph f.of the definition of"insured contract" Section V.-Definitions is deleted in its entirety and replaced by the following: f. That part of any other contract or agreement pertaining to your business, including an indemnification of a municipality in connection for work performed for a municipality, under which you assume the tort liability of anther party to pay for"bodily injury", "property damage" or"personal and advertising injury"to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 2. This Article E. does not apply if Coverage B. Personal And Advertising Injury Liability is excluded by endorsement. F. INCREASED SUPPLEMENTARY PAYMENTS Subparagraphs 1. b.and d. of Supplementary Payments—Coverages A And B of Section I - Coverages are amended as follows: 1. In Subparagraph b., the amount we will pay for the cost of bail bonds is increased up to $5,000. 2. In Subparagraph d., the amount we will pay for a loss of earnings is increased up to $1,000 a day. G. BROADENED NAMED INSURED 1. The Named Insured in Item 1, of the Declarations is as follows: The person or organizations named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority interest on the effective date of the policy. However, coverage for any such organization will cease as of the date that you no longer maintain ownership of, or majority interest in, such organization. 2. This Article G.does not apply to any person or organization for which coverage is excluded by endorsement. RAManagemadDivislan REVIEWED&APPROVED By: Form XIL 436 1208 ©2008, XL America, Inc. �'°" "1' A-5;1&W44 Includes copyrighted material of Insurance Services Office,Inc.,with its permissic �' Risk Management Specialist H. BLANKET ADDITIONAL INSURED—MANAGERS OR LESSORS OF PREMISES 1. Section II-Who Is An Insured is amended to include as an insured any person or organization with whom you have agreed in a written contract executed prior to loss (an "additional insured"), but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the"additional insured" shall be the limits you agreed to provide,or the limits shown on the Declarations,whichever is less. b. The insurance afforded to the"additional insured"does not apply to: (1) Any"occurrence"that takes place after you cease to be a tenant in that premises; (2) Any premises for which coverage is excluded by endorsement; or (3) Structural alterations, new construction or demolition operations performed by or on behalf of such "additional insured". 2. The insurance afforded to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. I. BLANKET ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT 1. Section ll-Who Is An Insured is amended to include an "additional insured" (as defined in Article H. above), but only with respect to their liability arising out of maintenance, operation or use by you of equipment leased to you by such "additional insured", subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the "additional insured" shall be the limits which you agreed to provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the"additional insured" does not apply to: (1) Any"occurrence" that takes place after the equipment lease expires; or (2) "Bodily injury'or"property damage"arising out of the sole negligence of such additional insured. 2. The insurance provided to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have a written contract for this insurance to apply on a primary or contributory basis. J. INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS 1. Section II-Who Is An Insured is amended to include your"employees" as insureds with respect to"bodily injury"to a co-"employee" in the course of the co-"employee's" employment by you, or to your"volunteer workers"while performing duties related to the conduct of your business, provided that this coverage for your"employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. Risk M aagenmtDmsion REVIEWED&APmzovm&r Form XIL 436 1208 ©2008, XL America, Inc. A+-gU AcW44 . Includes copyrighted material of Insurance Services Office,Inc.,With Its permisslc ® Risk Management SpeciNist 2. Section II—Who Is An Insured is amended to include your"volunteer workers" as insureds with respect to"bodily injury'to a co-"volunteer worker"while performing duties related to the conduct of your business, or to your"employees" employment by you, provided that this coverage for your"volunteer workers" does not apply while performing duties unrelated to the conduct of your business. K. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit of the Section IV-Commercial General Liability Conditions: Notice of an "occurrence' or of an offense which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the'occurrence' or offense has been reported to any insured listed under Paragraph 1. of Section II-Who Is An Insured or any"employee" (such as insurance, loss control, risk manager or administrator) designated by you to give such notice. Knowledge of any other"employee(s)" of an "occurrence' or of an offense does not imply that you also have such knowledge. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1.of Section II—Who Is An Insured or an "employee" (such as an insurance, loss control, or risk manager or administrator) designated by you to give such notice discovers that the`occurrence', offense or claim may involve this policy. L. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Representations, of Section IV-Commercial General Liability Conditions: The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. However, this Article L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws or regulations. M. LIBERALIZATION The following is added to Section IV-Commercial General Liability Conditions: Liberalization After the issuance of this policy, if we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part of this policy without a premium charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. REVIEWED&APPROVED 8Y: Form XIL 436 1208 ©2008, XL America, Inc. A-wp Aczvdo Includes copyrighted material of Insurance Services Office,Inc.,with Its permissic ® Risk Management Sped dmt N. BLANKET WAIVER OF SUBROGATION The following is added to Section IV-Commercial General Liability Conditions: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization-, "your work"; or"your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. O. INCIDENTAL MEDICAL MALPRACTICE INJURY 1. For insurance applicable to this Article O, the definition of "bodily injury" in Section V - Definitions is amended to include, "Incidental Medical Malpractice Injury". 2. The following definition is added to Section V-Definitions: "Incidental medical malpractice injury" means "bodily injury", mental anguish, sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of, or failure to render, the following services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; c. First aid; or d. "Good Samaritan Services". As used in this Article O., "Good Samaritan Services" are those medical services rendered or provided in an emergency and for which no remuneration is demanded or received. 3. Paragraph 2.a.(1)(d) of Section II -Who Is An Insured does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in Paragraph 2. above and while acting within the scope of their employment by you. Any "employees" rendering "Good Samaritan Services"will be deemed to be acting within the scope of their employment by you. 4. The following exclusion is added to Paragraph 2. Exclusions of Coverage A.—Bodily Injury And Property Damage Liability of Section I—Coverages: [This insurance does not apply to:) Willful Violation of Penal Statute Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. 5. For the purposes of determining the applicable Limits of Insurance, any act or omission, together with all related acts or omissions in the furnishing of services described in Paragraph 2.a.through 2.d.above to any one person,will be considered one"occurrence". 6. This Article O. does not apply if you are in the business or occupation of providing any of the services described in Paragraph 2. above. -�e Risk totsigmmLD Ion REVIEWED&APP ovm BY: Form XIL 436 1208 ©2008, XL America, Inc. A-f4 A,zv44 Includes copyrighted material of Insurance Services Office,Inc.,with its permissic Risk Management Specialist 7. The insurance provided by this Article O. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. P. EXTENSION OF COVERAGE—BODILY INJURY The definition of"bodily injury" Section V-Definitions is deleted in its entirety and replaced by the following: 3. "Bodily injury' means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. Q. COVERAGE TERRITORY The definition of"coverage territory' Section V-Definitions is deleted in its entirety and replaced by the following: 4. "Coverage territory" means anywhere in the world. This insurance does not apply to: a. "bodily injury"or"property damage"that takes place; or b. "personal and advertising injury" caused by an offense committed outside the United States of America (including its possessions and territories), Canada and Puerto Rico, unless a "suit" on the merits (to determine the insured's responsibility to pay damages to which this insurance applies) is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico. This insurance does not apply to damage, loss, cost or expenses in connection with any "suit" brought outside the United States of America(including its possessions and territories), Canada or Puerto Rico. RAMvwgemadDMslan +" R5MEWED&APPROVED 8Y. Form XIL 436 1208 ©2008, XL America, Inc. Includes copyrighted material of Insurance Services Office,Inc.,with its permissic ® Risk Management Specialist Policy Number: NPC1006073-01 IL00171198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; 1. The first Named Insured shown in the Declara- and tions may cancel this policy by mailing or de- c. Recommend changes. livering to us advance written notice of cancel- 2. We are not obligated to make any inspections, lation. surveys, reports or recommendations and any 2. We may cancel this policy by mailing or deliv- such actions we do undertake relate only to in- ering to the first Named Insured written notice surability and the premiums to be charged. We of cancellation at least: do not make safety inspections. We do not un- a. 10 days before the effective date of cancel- dertake to perform the duty of any person or lation if we cancel for nonpayment of pre- organization to provide for the health or safety mium; or of workers or the public. And we do not warrant that conditions.- b. 30 days before the effective date of cancel- lation if we cancel for any other reason. a. Are safe or healthful; or 3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or Named Insured's last mailing address known to standards. us. 3. Paragraphs 1. and 2. of this condition apply 4. Notice of cancellation will state the effective not only to us, but also to any rating, advisory, date of cancellation. The policy period will end rate service or similar organization which on that date. makes insurance inspections, surveys, reports or recommendations. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply cancel, the refund will be pro rats. If the first to any inspections, surveys, reports or recom- Named Insured cancels, the refund may be mendations we may make relative to certifica- less than pro rata. The cancellation will be ef- tion, under state or municipal statutes, ordi- fective even if we have not made or offered a ell or l regulations, of boilers, pressure ves- s refund. els or elevators. 6. If notice is mailed, proof of mailing will be suf- E. Premiums ficient proof of notice. The first Named Insured shown in the Declara- B. Changes tions: This policy contains all the agreements between 1. Is responsible for the payment of all premiums; you and us concerning the insurance afforded. and The first Named Insured shown in the Declara- 2. Will be the payee for any return premiums we tions is authorized to make changes in the terms pay. of this policy with our consent. This policy's terms F. Transfer Of Your Rights And Duties Under can be amended or waived only by endorsement This Policy issued by us and made a part of this policy. Your rights and duties under this policy may not C. Examination Of Your Books And Records be transferred without our written consent except We may examine and audit your books and rec- in the case of death of an individual named in- ords as they relate to this policy at any time during sured. the policy period and up to three years afterward. If you die, your rights and duties will be trans- D. Inspections And Surveys ferred to your legal representative but only while 1. We have the right to: acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- a. Make inspections and surveys at any time; pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to tV o RiakMeagmentDMsinn .+ I REVIEWED&APPROVED 8Y: Risk Management Specialist IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 11 PACICOA-05 AKANG ,4coRO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 16._ / 1 6/28/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. If IMPORTANT: TIONthe IS WAIVED, Solder is ect tonthe ADDITIONAL ndlNondR io 1s f t Ifc 11e u t ADDI5C7N ret 0 e enY or statement n this ce e d t c igas certificate holder in li, u_of r e t 1♦� --y PRODUCE CONTACT NAME: Paramo t Exc s In r r e a )9 7 a/c,No):(818)986-4949 15760 Ventura v .Sui a 50 Encino,CA 91436 R p t om INSURERS AFFORDING COVERAGE NAIC# een s r e man 22322 INSURED N 2 ra A bor t INSURERC:Coion Specialty I nsurance Company A o is E. euvedco DRD Santa Ana,CA 92701 1 • INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 cLAmis-MADE X occuR NPC-1006073-02 5/17/2024 5/17/2025 DAMAGE TO RENTED 100,000 X X PREMISES a occurrence $ MED ENP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑jg ❑LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Employee Benef. $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED ru)SINGLE L1MIC $ 1,000 000 X ANY AUTO X X NBA-1009128-00 5/17/2024 5/17/2025 BODILY INJURY erperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident $ IO PROPERTY DAMAGE AUUTS ONLY NON-OWNED ONLY eraccdent L $ $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAAJ.S-MADE NEC-6006892-02 5/17/2024 5/17/2025 AGGREGATE $ DED RETENTION$ Prod/Comp Work $ 1,000,000 B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X CTP1002524 5/17/2024 5/17/2025 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y❑ N/A (Mandatory in NH) E.L.DISEASE-EAEMPLOYEE $ 11000,U00 Ifyes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LHWT $ C Equipment Floater IM2583771 5/17/2024 5/17/2025 Limit 327,908 A Employment Practices NPC-1006073-02 5/17/2024 5/17/2025 Limit 50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) A)Property Liability Policy No.NPC 1006073-02 Effective Date:5/17/2024-5/17/2025 Location Office 910 E.Walnut St.,Orange,CA 92701 B.P.P.Limit$10,000. A)Cyber Policy No.NPC 1006073-02 Effective Date:5/17/2024-5/17/2025 Aggregate Limit$50,000. Waiver of subrogation in favor of City of Santa Ana, its officers,employees,agents and representatives.30 days notice of cancellation.Worker's comp endorsement to follow. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREO City of Santa Ana ACCORDANCE WITH THE POLICY PRC Risk Management Division Risk MamgementDMsian 20 Civic Center Plaza REVIEWED&APPROVED By. Santa Ana,CA 92702 AUTHORIZED REPRESENTATIVE AfeAat,44 w1.unAu '_rmz� Risk Management Specialist ACORD 25(2016/03) ©©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: NBA - 1009128-00 XIC 421 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE DESCRIPTION A. Temporary Substitute Auto Physical Damage B. Who Is An Insured 1. Broad Form Insured 2. Employees As Insureds 3. Additional Insured By Contract, Agreement or Permit 4. Employee Hired Autos C. Supplementary Payments D. Amended Fellow Employee Exclusion E. Physical Damage Coverage 1. Rental Reimbursement 2. Extra Expense—Broadened Coverage 3. Personal Effects Coverage 4. Lease Gap 5. Glass Repair—Waiver Of Deductible F. Physical Damage Coverage Extensions 1. Additional Transportation Expense 2. Hired Auto Physical Damage G. Business Auto Conditions 1. Notice Of Occurrence 2. Waiver Of Subrogation 3. Unintentional Failure To Disclose Hazards 4. Primary Insurance H. Bodily Injury Redefined I. Extended Cancellation Condition Ride Management Division REVIEWED&APPRaVED BY. `ll aifl ld',l'' A,.�Acevedo XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. RiA Management Specialist May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. A. Temporary Substitute Auto Physical Damage SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is changed by adding the following: If Physical Damage coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos"for Physical Damage coverage: 1. Any"auto"you do not own while used with the permission of its owner as a temporary substitute for a covered "auto"you own that is out of service because of its: a. Breakdown; b. Repair; C. Servicing; d. "Loss"; or e. Destruction. B. Who Is An Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is changed by adding the following: 1. Broad Form Insured For any covered "auto", any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest, provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to "bodily injury" or "property damage"that occurred before you acquired or formed the organization. 2. Employees As Insureds Any "employee" of yours is an "insured"while using a covered "auto" you don't own, hire or borrow, in your business or your personal affairs. 3. Additional Insured By Contract, Agreement Or Permit Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract, agreement or permit. 4. Employee Hired Autos An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. RAMougamentDMslcrn REVIEWED&APPROVED BY. XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. RiA Management Specialist May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. SECTION IV— BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. is replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. Supplementary Payments SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is changed as follows: Item (2) is deleted and replaced by the following: (2) Up to $3,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. Item (4) is deleted and replaced by the following: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. D. Amended Fellow Employee Exclusion SECTION II — COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee does not apply. The insurance provided under this Provision D. is excess over any other collectible insurance. E. Physical Damage Coverage SECTION III—PHYSICAL DAMAGE COVERAGE, A. Coverage is changed by adding the following: 1. Rental Reimbursement a. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning twenty-four (24) hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: Risk Management Division .'IL REVIEWED&APPROVED BY. A Acev44 XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. RiA Management Specialist May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. (2) Thirty (30) days. C. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred. (2) $50 any one day per private passenger"auto"; $100 any one day per truck; $1,500 any one period per private passenger"auto"; $3,000 any one period per truck; or Higher limits if shown elsewhere in this policy. d. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. e. If"loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. 2. Extra Expense—Broadened Coverage We will pay for the expense of returning a stolen covered "auto"to you. 3. Personal Effects Coverage If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "personal effects" stolen from the "auto". As used in this endorsement, "personal effects" means tangible property that is worn or carried by an "insured". "Personal effects"does not include tools,jewelry, money or securities. 4. Lease Gap In the event of a total "loss" to a covered "auto" shown in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchases with the loan or lease; and (5) Carry-over balances from previous loans or leases. -= RAMougementDMslcrn REVIEWED&APPROVED BY. o A Acev44 XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. RiA Management Specialist May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 5. Glass Repair—Waiver Of Deductible No deductible applies to glass damage if the glass is repaired rather than replaced. F. Physical Damage Coverage Extensions SECTION III—PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by the following: 1. Additional Transportation Expense Sections a. and b. are amended to provide a limit of$50 per day and a maximum limit of$1,000. 2. Hired Auto Physical Damage The following section is added: Any "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" for physical damage coverage. The most we will pay for each covered "auto" is the lesser of: (1) the actual cash value; (2) the cost for repair or replacement; or (3) $50,000, or higher limit if shown on the Declarations for Hired Auto Physical Damage Coverage. For each covered "auto" a deductible of $100 for Comprehensive Coverage and $1,000 for Collision Coverage will apply. G. Business Auto Conditions SECTION IV—BUSINESS AUTO CONDITIONS, A. Loss Conditions is changed by the following: 1. Notice Of Occurrence Section 2.—Duties In The Event Of Accident, Claim, Suit Or, Loss, a. is changed by adding the following: If you report an injury to an "employee" to your workers' compensation carrier and if it is subsequently determined that the injury is one to which this insurance may apply, any failure to comply with this condition will be waived if you provide us with the required notice as soon thereafter as practicable after you know or reasonably should have known that this insurance may apply. 2. Waiver Of Subrogation Section 5. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following: However, this Condition does not apply to any person(s) or organization(s) with whom you have a written contract, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under such contract with that person or organization. Risk Management Division REVIEWED&APPROVED BY. A Acev44 XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. RiskrvlanagementSpeciarist May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. SECTION IV—BUSINESS AUTO CONDITIONS, B. General Conditions is changed by the following: 3. Unintentional Failure To Disclose Hazards The following condition is added: Your unintentional failure to disclose all hazards as of the inception date of the policy shall not prejudice any insured with respect to the coverage afforded by this policy. 4. Primary Insurance Condition 5. Other Insurance is changed by adding the following: For any covered "auto" this insurance shall apply as primary and not contribute with any other insurance where such requirement is agreed in a written contract executed prior to a "loss". H. Bodily Injury Redefined SECTION V—DEFINITIONS, C. "Bodily injury" is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. I. Extended Cancellation Condition COMMON POLICY CONDITIONS (Form IL 00 17), A. Cancellation, 2.b. is replaced by the following: The greater of sixty (60) days or the time required by any applicable state amendatory endorsement before the effective date of cancellation if we cancel for any other reason. All other terms and conditions of this policy remain unchanged. Risk Management Division REVIEWED&APPROVED BY. A Acev44 XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. RiA Management Specialist May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: Q-52656 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Blanket as required by written contract Blanket as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the in the performance of your ongoing operations for location of the covered operations has been the additional insured(s) at the location(s) completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Ride Management Division REVIEWED&APPROVED BY. 'r A�eveda �r Risk Management Specialist CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Risk Management Division REVIEWED&APPROVED BY. `' lll�' �1�te A�eveda �r Risk Hanagement Specialist V NJ Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: Q-52656 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket as required by written contract Blanket as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included 1. Required by the contract or agreement; or in the "products-completed operations hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Ride Management Division � REVIEWED&APPRaVED BY. �r Risk Management Specialist CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER:Q-52656 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Policy aggregate limit applies per work site. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by 'occur- damages or under Coverage C for medical rences" under Section I—Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- t. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". Ride Management Division .�IL REVIEWED&APPRaVED BY. �r Risk Management Specialist CG 25 03 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 11 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by 'occur- "products-completed operations hazard" is pro- rences" under Section I— Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. -ti RiskMougementDMslcrn REVIEWED&APPROVED BY. A�Acevedo �r Risk Management Specialist Page 2 of 2 ©Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑ ENDORSEMENT # This endorsement, effective 12:01 a.m. , forms a part of Policy No. issued to by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY XL Plus Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read this endorsement carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force— Bodily Injury or Property Damage B. Damage To Premises Rented To You Extension • Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage • Limit increased to $300,000 C. Aircraft Chartered with Crew D. Non-Owned Watercraft E. Personal and Advertising Injury—Assumed by Insured Contract F. Increased Supplementary Payments • Cost for bail bonds increased to $5,000 • Loss of earnings increased to $1,000 per day G. Broadened Named Insured H. Blanket Additional Insured— Managers or Lessors of Premises I. Blanket Additional Insured— Lessor of Leased Equipment J. Injury to Co-Employees and Co-Volunteer Workers K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M.Liberalization N. Blanket Waiver of Subrogation O. Incidental Medical Malpractice Injury P. Extension of Coverage— Bodily Injury Ride Managanent Division Q. Coverage Territory REmEWEo&APPROVrDBY. Form XIL 436 1208 ©2008 XL America Inc. o A Acevedo Includes copyrighted material of Insurance Services Office, Inc.,with its permissic ® rusk Hanagement specialist A. REASONABLE FORCE —BODILY INJURY OR PROPERTY DAMAGE Exclusion a. Expected Or Intended Injury of Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I—Coverages is deleted in its entirety and replaced by the following: [This insurance does not apply to:) Expected or Intended Injury or Damage "Bodily injury" or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last paragraph of 2. Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I - Coverages is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. A separate limit of insurance applies to this coverage as described in Section III- Limits of Insurance. 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6.of Section III- Limits of Insurance is deleted in its entirety and replaced by the following: 6.a.Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire, explosion, lightning, smoke, aircraft or vehicle or riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage or any combination of any of these. b. The Damage to Premises Rented to You Limit will be the higher of: (1) $300,000; or (2) The amount shown on the Declarations for Damage to Premises Rented to You Limit. Risk Management DMsIcrn % REVIEWED&APPROVED BY. Form XIL 436 1208 ©2008 XL America Inc. o A Acevedo Includes copyrighted material of Insurance Services Office, Inc.,with its permissic ® rusk Management specialist 4. Paragraph 9.a.of the definition of"insured contract" under Section V-Definitions, is deleted in its entirety and replaced by the following: ["Insured contract' means:] a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage to premises while rented to you, or temporarily occupied by you with the permission of the owner is not an "insured contract'. 5. This Article B. does not apply if coverage for Damage to Premises Rented to You of Coverage A. Bodily Injury And Property Damage Liability of Section I — Coverages is excluded by endorsement. C. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions contained in Exclusion g., Aircraft, Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage of Section I—Coverages: [This exclusion does not apply to:) Aircraft chartered with crew to any insured. 2. This Article C. does not apply if the chartered aircraft is owned by any insured. 3. The insurance provided by this Article C. shall be excess over any valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. D. NON-OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of Exclusion g. Aircraft. Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I— Coverages is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) 50 feet long or less; and (b) Not being used to carry persons or property for a charge-, 2. This Article D. applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of the watercraft. 3. This insurance provided by this Article D. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. E. PERSONAL AND ADVERTISING INJURY—ASSUMED BY INSURED CONTRACT 1. Exclusion e. Contractual Liability in Part 2., Exclusions of Coverage B. Personal And Advertising Injury Liability of Section I— Coverages is deleted in its entirety and replaced by the following: Risk Management DMsIcrn % REVIEWED&APPROVED BY. Form XIL 436 1208 ©2008 XL America Inc. o A Acevedo Includes copyrighted material of Insurance Services Office, Inc.,with its permissic `® rusk Management specialist [This insurance does not apply to:) e. Contractual Liability "Personal and Advertising Injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: 1. That the insured would have in the absence of the contract or agreement; or 2. Assumed in a written contract or agreement that is an "insured contract"; provided the "personal and advertising injury" is caused by an offense which occurs subsequent to the execution of the contract or agreement. 2. Subparagraph f. of the definition of"insured contract" Section V.- Definitions is deleted in its entirety and replaced by the following: f. That part of any other contract or agreement pertaining to your business, including an indemnification of a municipality in connection for work performed for a municipality, under which you assume the tort liability of anther party to pay for"bodily injury", "property damage" or"personal and advertising injury" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 2. This Article E. does not apply if Coverage B. Personal And Advertising Injury Liability is excluded by endorsement. F. INCREASED SUPPLEMENTARY PAYMENTS Subparagraphs 1. b. and d. of Supplementary Payments—Coverages A And B of Section I - Coverages are amended as follows: 1. In Subparagraph b., the amount we will pay for the cost of bail bonds is increased up to $5,000. 2. In Subparagraph d., the amount we will pay for a loss of earnings is increased up to $1,000 a day. G. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declarations is as follows: The person or organizations named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority interest on the effective date of the policy. However, coverage for any such organization will cease as of the date that you no longer maintain ownership of, or majority interest in, such organization. 2. This Article G.does not apply to any person or organization for which coverage is excluded by endorsement. Risk Management Division % REVIEWED&APPROVED BY. Form XIL 436 1208 ©2008, XL America, Inc. o A Acevedo Includes copyrighted material of Insurance Services Office, Inc.,with its permissic ® rusk Hanagement specialist H. BLANKET ADDITIONAL INSURED—MANAGERS OR LESSORS OF PREMISES 1. Section II-Who Is An Insured is amended to include as an insured any person or organization with whom you have agreed in a written contract executed prior to loss (an "additional insured"), but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the "additional insured" shall be the limits you agreed to provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the "additional insured" does not apply to: (1) Any"occurrence"that takes place after you cease to be a tenant in that premises; (2) Any premises for which coverage is excluded by endorsement; or (3) Structural alterations, new construction or demolition operations performed by or on behalf of such "additional insured". 2. The insurance afforded to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. I. BLANKET ADDITIONAL INSURED—LESSOR OF LEASED EQUIPMENT 1. Section II-Who Is An Insured is amended to include an "additional insured" (as defined in Article H. above), but only with respect to their liability arising out of maintenance, operation or use by you of equipment leased to you by such "additional insured", subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the "additional insured" shall be the limits which you agreed to provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the "additional insured" does not apply to: (1) Any "occurrence" that takes place after the equipment lease expires; or (2) "Bodily injury" or"property damage" arising out of the sole negligence of such additional insured. 2. The insurance provided to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have a written contract for this insurance to apply on a primary or contributory basis. J. INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS 1. Section II-Who Is An Insured is amended to include your"employees" as insureds with respect to "bodily injury" to a co-"employee" in the course of the co-"employee's" employment by you, or to your"volunteer workers"while performing duties related to the conduct of your business, provided that this coverage for your"employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. Risk Management Division nREVIEWED&APPROVED BY. Form XIL 436 1208 ©2008, XL America, Inc. . A Acevedo Includes copyrighted material of Insurance Services Office, Inc.,with its permissic `® rusk Management specialist 2. Section II—Who Is An Insured is amended to include your"volunteer workers" as insureds with respect to "bodily injury" to a co-"volunteer worker" while performing duties related to the conduct of your business, or to your"employees" employment by you, provided that this coverage for your"volunteer workers" does not apply while performing duties unrelated to the conduct of your business. K. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit of the Section IV-Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to any insured listed under Paragraph 1. of Section II-Who Is An Insured or any "employee" (such as insurance, loss control, risk manager or administrator) designated by you to give such notice. Knowledge of any other"employee(s)" of an "occurrence" or of an offense does not imply that you also have such knowledge. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1. of Section II—Who Is An Insured or an "employee" (such as an insurance, loss control, or risk manager or administrator) designated by you to give such notice discovers that the "occurrence", offense or claim may involve this policy. L. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Representations, of Section IV-Commercial General Liability Conditions: The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. However, this Article L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws or regulations. M. LIBERALIZATION The following is added to Section IV-Commercial General Liability Conditions: Liberalization After the issuance of this policy, if we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part of this policy without a premium charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. Risk Management DMsIcrn % REVIEWED&APPROVED BY. Form XIL 436 1208 ©2008 XL America Inc. o A Acevedo Includes copyrighted material of Insurance Services Office, Inc.,with its permissic ® rusk Management specialist N. BLANKET WAIVER OF SUBROGATION The following is added to Section IV-Commercial General Liability Conditions: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or"your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. O. INCIDENTAL MEDICAL MALPRACTICE INJURY 1. For insurance applicable to this Article O, the definition of "bodily injury" in Section V - Definitions is amended to include, "Incidental Medical Malpractice Injury". 2. The following definition is added to Section V- Definitions: "Incidental medical malpractice injury" means "bodily injury", mental anguish, sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of, or failure to render, the following services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; c. First aid; or d. "Good Samaritan Services". As used in this Article O., "Good Samaritan Services"are those medical services rendered or provided in an emergency and for which no remuneration is demanded or received. 3. Paragraph 2.a.(1)(d) of Section II -Who Is An Insured does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in Paragraph 2. above and while acting within the scope of their employment by you. Any "employees" rendering "Good Samaritan Services"will be deemed to be acting within the scope of their employment by you. 4. The following exclusion is added to Paragraph 2. Exclusions of Coverage A.— Bodily Injury And Property Damage Liability of Section I—Coverages: [This insurance does not apply to:) Willful Violation of Penal Statute Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. 5. For the purposes of determining the applicable Limits of Insurance, any act or omission, together with all related acts or omissions in the furnishing of services described in Paragraph 2.a.through 2.d.above to any one person,will be considered one"occurrence". 6. This Article O. does not apply if you are in the business or occupation of providing any of the services described in Paragraph 2. above. Risk Management Division ,In REVIEWED&APPROVED BY. Form XIL 436 1208 ©2008, XL America, Inc. o A Acevedo Includes copyrighted material of Insurance Services Office, Inc.,with its permissic `® rusk Management specialist 7. The insurance provided by this Article O. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. P. EXTENSION OF COVERAGE—BODILY INJURY The definition of"bodily injury" Section V- Definitions is deleted in its entirety and replaced by the following: 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. Q. COVERAGE TERRITORY The definition of"coverage territory" Section V- Definitions is deleted in its entirety and replaced by the following: 4. "Coverage territory" means anywhere in the world. This insurance does not apply to: a. "bodily injury" or"property damage" that takes place; or b. "personal and advertising injury" caused by an offense committed outside the United States of America (including its possessions and territories), Canada and Puerto Rico, unless a "suit" on the merits (to determine the insured's responsibility to pay damages to which this insurance applies) is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico. This insurance does not apply to damage, loss, cost or expenses in connection with any "suit" brought outside the United States of America (including its possessions and territories), Canada or Puerto Rico. Risk Management Division ,In REVIEWED&APPROVED BY: Form XIL 436 1208 ©2008, XL America, Inc. o A Acevedo Includes copyrighted material of Insurance Services Office, Inc.,with its permissic `® rusk Management specialist DATE(MMIDDIYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE `...-� 08/06/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AETOS PARTNERS INSURANCE SERVICES INC. NAME: Lawrence Dy 4869 TOPANGA CANYON BLVD #2 AIc"N Ext: 818-914-0933 A/c No: 806-621-4747 WOODLAND HILLS, CA 91364 E-MAIL ADDRESS: lawrence@aetosinsurance.com License#: 6015804 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Greenwich Insurance Company 22322 INSURED INSURERB: CorePOlnte Insurance Company 10499 PCA Arborists& Consultants, Inc. INSURERC: XL Specialty Insurance Company 37885 910 E. Walnut St. INSURER D7 Santa Ana, CA 92701 INSURER E 7 INSURER F: COVERAGES CERTIFICATE NUMBER: 00000004-260623133762 REVISION NUMBER: 12 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LT R POLICY NUMBER MM DD YYYY MM/DD YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y NPC-1006073-03 06/17/2026 06/17/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE L Fvl DAMAGE A] OCCUR PREM SESOERENTED a occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICYEl jE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y NBA-1009128-01 05/17/2025 05/17/2026 EOa accident) SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY AUTOS ONLY Per accident $ A UMBRELLA LIAB X OCCUR Y Y NEC-7000978-00 06/17/2026 06/17/2026 EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED I I RETENTION$ $ B AND EMPLOYERS'LIABILITY WORKERS COMPENSATION Y CTP1003831 06/17/2026 06/17/2026 X STATUTE OERH ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Inland Marine NIM-1010211-00 06/17/2026 06/17/2026 Catastrophe Limit 327,908 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana, its City Council, officers, officials, employees,agents, and volunteer is listed as additional insured. A waiver of subrogation under the Worker's Compensation and General Liability is in favor of the City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Tu Tran Digitally signed by Tu Tran Nguyen APPROVED Date:2025.08.06 Nguyen 12:04:07-07'00' By T8d T0"a41 Ng[9)/eNt 1$12.`03 p6Sd,Aug 06,2025'.. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Attn: PRCSA—Zoo ACCORDANCE WITH THE POLICY PROVISIONS. 1801 E Chestnut Ave. M-90 Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE � i- �,0,�.ttit�. LMD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by LMD on 08/06/2025 at 11:38AM POLICY NUMBER: XIC 421 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE DESCRIPTION A. Temporary Substitute Auto Physical Damage B. Who Is An Insured 1. Broad Form Insured 2. Employees As Insureds 3. Additional Insured By Contract, Agreement or Permit 4. Employee Hired Autos C. Supplementary Payments D. Amended Fellow Employee Exclusion E. Physical Damage Coverage 1. Rental Reimbursement 2. Extra Expense— Broadened Coverage 3. Personal Effects Coverage 4. Lease Gap 5. Glass Repair—Waiver Of Deductible F. Physical Damage Coverage Extensions 1. Additional Transportation Expense 2. Hired Auto Physical Damage G. Business Auto Conditions 1. Notice Of Occurrence 2. Waiver Of Subrogation 3. Unintentional Failure To Disclose Hazards 4. Primary Insurance H. Bodily Injury Redefined I. Extended Cancellation Condition XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 1 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. A. Temporary Substitute Auto Physical Damage SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is changed by adding the following: If Physical Damage coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos"for Physical Damage coverage: 1. Any"auto"you do not own while used with the permission of its owner as a temporary substitute for a covered "auto"you own that is out of service because of its: a. Breakdown; b. Repair; C. Servicing; d. "Loss"; or e. Destruction. B. Who Is An Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is changed by adding the following: 1. Broad Form Insured For any covered "auto", any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest, provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to "bodily injury" or "property damage"that occurred before you acquired or formed the organization. 2. Employees As Insureds Any"employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow, in your business or your personal affairs. 3. Additional Insured By Contract, Agreement Or Permit Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract, agreement or permit. 4. Employee Hired Autos An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 2 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ENDORSEMENT# This endorsement, effective 12:01 a.m., forms part of Policy No. issued to by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read this endorsement carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force— Bodily Injury or Property Damage B. Damage To Premises Rented To You Extension • Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage • Limit increased to $300,000 C. Aircraft Chartered with Crew D. Non-Owned Watercraft E. Personal and Advertising Injury—Assumed by Insured Contract F. Increased Supplementary Payments • Cost for bail bonds increased to $5,000 • Loss of earnings increased to$1,000 per day G. Resulting Damage to Your Work or Your Product H. Broadened Named Insured I. In Rem J. Additional Insured—Automatic Status When Required in Written Contract or Agreement K. Blanket Additional Insured—Managers or Lessors of Premises L. Blanket Additional Insured—Lessor of Leased Equipment M. Blanket Additional Insured—Controlling Interest XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 1 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. N. Blanket Additional Insured—Mortgagee, Assignee or Receiver O. Blanket Additional Insured—State or Governmental Agency P. Blanket Additional Insured—Vendors Q. Blanket Additional Insured—Grantor of Franchise R. Primary Insurance Clause Endorsement S. Injury to Co-Employees and Co-Volunteer Workers T. Knowledge and Notice of Occurrence or Offense U. Unintentional Omission V. Unintentional Failure to Notify or Report W. Liberalization X. Blanket Waiver of Subrogation Y. Extension of Coverage— Bodily Injury Z. Coverage Territory XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 2 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. A. REASONABLE FORCE— BODILY INJURY OR PROPERTY DAMAGE 1. Exclusion a. Expected Or Intended Injury of Paragraph 2., Exclusions of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I—COVERAGES is deleted in its entirety and replaced by the following: This insurance does not apply to: Expected Or Intended Injury Or Damage a. "Bodily injury"or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last Paragraph of 2. Exclusions of COVERAGE A.- BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I — COVERAGES is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage.A separate limit of insurance applies to this coverage as described in SECTION III—LIMITS OF INSURANCE. 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or C. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of SECTION III-LIMITS OF INSURANCE is deleted in its entirety and replaced by the following: 6.a. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire, explosion, lightning, smoke, aircraft or vehicle or riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage or any combination of any of these. b. The Damage to Premises Rented to You Limit will be the higher of: (1) $300,000; or (2) The amount shown on the Declarations for Damage to Premises Rented to You Limit. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 3 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. 4. Paragraph 9.a. of the definition of"insured contract' under SECTION V- DEFINITIONS, is deleted in its entirety and replaced by the following: "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning,explosion, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage to premises while rented to you, or temporarily occupied by you with the permission of the owner is not an "insured contract'. 5. This Article B. does not apply if coverage for Damage to Premises Rented to You of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I — COVERAGES is excluded by endorsement. C. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions contained in exclusion g., Aircraft, Auto Or Watercraft in Paragraph 2., Exclusions of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY SECTION -COVERAGES: This exclusion does not apply to: Aircraft chartered with crew to any insured. 2. This Article C. does not apply if the chartered aircraft is owned by any insured. 3. The insurance provided by this Article C. shall be excess over any valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. D. NON-OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of exclusion g. Aircraft. Auto Or Watercraft in Paragraph 2., Exclusions of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I - COVERAGES is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) 50 feet long or less; and (b) Not being used to carry persons or property for a charge; 2. This Article D. applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of the watercraft. 3. This insurance provided by this Article D. shall be excess over any other valid and collectible insurance available to the insured,whether primary, excess, contingent or on any other basis,except for insurance purchased specifically by you to be excess of this policy. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 4 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. E. PERSONAL AND ADVERTISING INJURY—ASSUMED BY INSURED CONTRACT 1. Exclusion e. Contractual Liability in Paragraph 2., Exclusions of COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY of SECTION I—COVERAGES is deleted in its entirety and replaced by the following: This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a written contract or agreement that is an "insured contract'; provided the "personal and advertising injury" is caused by an offense which occurs subsequent to the execution of the contract or agreement. 2. Subparagraph f. of the definition of"insured contract' SECTION V— DEFINITIONS is deleted in its entirety and replaced by the following: f. That part of any other contract or agreement pertaining to your business, including an indemnification of a municipality in connection for work performed for a municipality, under which you assume the tort liability of anther party to pay for"bodily injury", "property damage" or "personal and advertising injury" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 3. This Article E. does not apply if Coverage B. Personal And Advertising Injury Liability is excluded by endorsement. F. INCREASED SUPPLEMENTARY PAYMENTS Subparagraphs 1. b. and d. of SUPPLEMENTARY PAYMENTS—COVERAGES A AND B of SECTION I— COVERAGES are amended as follows: 1. In Subparagraph b., the amount we will pay for the cost of bail bonds is increased up to $5,000. 2. In Subparagraph d., the amount we will pay for a loss of earnings is increased up to$1,000 a day. G. RESULTING DAMAGE TO YOUR WORK OR YOUR PRODUCT The following is added to Paragraph 1. Insuring Agreement under COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I—COVERAGES Subject to all terms and conditions of the policy but most particularly SECTION I—COVERAGES Paragraph 2. Exclusions, a. Expected Or Intended Injury, j. Damage To Property, k. Damage To Your Product and I. Damage To Your Work, "property damage" resulting from faulty workmanship shall be deemed to be caused by an "occurrence". XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 5 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. H. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declarations is as follows: The person or organizations named in Item 1. of the Declarations and any organization, other than a partnership orjoint venture, over which you maintain ownership or majority interest on the effective date of the policy. However, coverage for any such organization will cease as of the date that you no longer maintain ownership of, or majority interest in, such organization. 2. This Article G. does not apply to any person or organization for which coverage is excluded by endorsement. I. IN REM We agree that any action in rem against any vessel owned, operated by or for, or charted by or for you shall in all respects be treated in the same manner as though the action was in personam against you. J. ADDITIONAL INSURED — AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT OR AGREEMENT 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s)for whom you have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for: a. "Bodily injury" or "property damage" not included in the "products-completed operations hazard"; or b. "Personal and advertising injury"; caused by, in whole or in part, your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your operations. 2. The insurance afforded to such additional insured described in Paragraph 1. of this endorsement: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 3. With respect to insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" due to rendering of or failure to render any professional service. This includes but is not limited to: a. Legal, accounting or advertising services; b. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings or specifications; C. Inspection, supervision, quality control, architectural or engineering activities done by or for you on a project on which you serve as construction manager; d. Engineering services, including related supervisory or inspection services; XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 6 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. e. Medical, surgical, dental, X-ray or nursing services treatment, advice or instruction; f. Any health or therapeutic service treatment, advice or instruction; g. Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy; h. Any service, treatment, advice or instruction relating to physical fitness, including service, treatment, advice or instruction in connection with diet, cardiovascular fitness, bodybuilding or physical training programs; I. Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; j. Body piercing services; k. Services in the practice of pharmacy; I. Law enforcement or firefighting services; and M. Handling, embalming, disposal, burial, cremation or disinterment of dead bodies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence"which caused the"bodily injury"or"property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional service. 4. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement described in Paragraph 1.; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. K. BLANKET ADDITIONAL INSURED— MANAGERS OR LESSORS OF PREMISES 1. SECTION II—WHO IS AN INSURED is amended to include as an insured any person or organization with whom you have agreed in a written contract executed prior to loss (an "additional insured"), but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the"additional insured" shall be the limits you agreed to provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the "additional insured" does not apply to: (1) Any "occurrence" that takes place after you cease to be a tenant in that premises; (2) Any premises for which coverage is excluded by endorsement; or XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 7 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. (3) Structural alterations, new construction or demolition operations performed by or on behalf of such "additional insured". 2. The insurance afforded to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. L. BLANKET ADDITIONAL INSURED— LESSOR OF LEASED EQUIPMENT 1. SECTION II —WHO IS AN INSURED is amended to include an "additional insured" (as defined in Article H. above), but only with respect to their liability arising out of maintenance, operation or use by you of equipment leased to you by such "additional insured", subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the"additional insured" shall be the limits which you agreed to provide, or the limits shown on the Declarations,whichever is less. b. The insurance afforded to the "additional insured" does not apply to: (1) Any "occurrence" that takes place after the equipment lease expires; or (2) "Bodily injury" or"property damage" arising out of the sole negligence of such additional insured. 2. The insurance provided to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have a written contract for this insurance to apply on a primary or contributory basis. M. BLANKET ADDITIONAL INSURED—CONTROLLING INTEREST 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured ANY person(s) or organization(s), but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. However: C. The insurance afforded to such additional insured only applies to the extent permitted by law; and d. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 3. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 8 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. N. BLANKET ADDITIONAL INSURED— MORTGAGEE, ASSIGNEE OR RECEIVER 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured ANY person(s) or organization(s), but only with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of the premises by you and shown in the Schedule. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 3. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. O. BLANKET ADDITIONAL INSURED—STATE OR GOVERNMENTAL AGENCY 1. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or C. The ownership, maintenance or use of any elevators covered by this insurance. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 9 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. However: d. The insurance afforded to such additional insured only applies to the extent permitted by law; and e. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURED: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. P. BLANKET ADDITIONAL INSURED -VENDORS 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor), but only with respect to liability for"bodily injury" or"property damage" arising out of"your products" shown in the Schedule of this endorsement which are distributed or sold in the regular course of the vendor's business. However: a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 10 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or 3. "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: a. The exceptions contained in Subparagraphs (4) or(6); or b. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 4. With respect to the insurance afforded to these vendors, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Q. BLANKET ADDITIONAL INSURED—GRANTOR OF FRANCHISE 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured ANY person(s) or organization(s), but only with respect to their liability as grantor of a franchise to you. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 11 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. R. PRIMARY INSURANCE CLAUSE ENDORSEMENT It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, if so required by written contract. S. INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS 1. SECTION II — WHO IS AN INSURED is amended to include your "employees" as insureds solely with respect to "bodily injury" to a co-"employee" in the course of the co-"employee's" employment by you, or to your"volunteer workers"while performing duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. SECTION II — WHO IS AN INSURED is amended to include your "volunteer workers" as insureds with respect to"bodily injury"to a co-"volunteer worker"while performing duties related to the conduct of your business, or to your"employees" employment by you, provided that this coverage for your 11 volunteer workers"does not apply while performing duties unrelated to the conduct of your business. T. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE 1. The following is added to Paragraph 2., Duties In The Event Of Occurrence, Offense, Claim Or Suit of the SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Notice of an "occurrence" or of an offense which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to any insured listed under Paragraph 1. of SECTION II — WHO IS AN INSURED or any "employee" (such as insurance, loss control, risk manager or administrator)designated by you to give such notice. Knowledge of any other "employee(s)" of an "occurrence" or of an offense does not imply that you also have such knowledge. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1.of SECTION II—WHO IS AN INSURED or an "employee" (such as an insurance, loss control, or risk manager or administrator)designated by you to give such notice discovers that the "occurrence", offense or claim may involve this policy. U. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6., Representations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. However, this Article L. does not affect our right to collect XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 12 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. X. BLANKET WAIVER OF SUBROGATION 1. The following is added to SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 13 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. This insurance does not apply to: a. "bodily injury" or"property damage"; or b. "personal and advertising injury" that takes place or is caused by an offense committed outside the United States of America(including its possessions and territories), Canada and Puerto Rico, unless a "suit" on the merits (to determine the insured's responsibility to pay damages to which this insurance applies) is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico. This insurance does not apply to damage, loss,cost or expenses in connection with any"suit"brought outside the United States of America (including its possessions and territories), Canada or Puerto Rico. All other terms and conditions of this policy remain unchanged. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 14 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. X. BLANKET WAIVER OF SUBROGATION 1. The following is added to SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 13 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 5/17/2025 Policy No. CTP1003831 Endorsement No. 0 Insured PCA Arborists &Consultants, Inc. Insurance Company CorePointe Insurance Company Countersigned by WC 04 03 06 (Ed. 04-84) CITY a t r Risk Management a division of Human. Resources Managing lisle through Awareness and Action �^p➢ '�.,u AFFIDAVIT AVIT OF EXEMPTION FOR PROFESSIONAL LI BIL FIN INSURANCE t Brandon Elrod ("Representative"), attest that ➢ am an authorized (Nance and Title of Vendor Representative) P Arborists Consultants Inc. representative taf' . ............ ( C.talapaaay"), and (C onanitantJC'ornp any Name) ptasscss the authority to legally hind Company. In nay capacity as Representative of'Company, t represent and cont irm the following, as relates to the agreement between Company and City caf"S<anta Ana, agreement number A..- 0 4 0'07-04k.:)round maintenance services i ("Agreement") to provide (Services to be provided under agreement/contract) During the course and scrape of C'cranpany's agreement wit a (lie City of'Santa Ana, COrnpatly will not Use the services of,an expert necessitating profiessional liahilityfei-rors ornissitans liability insurance coverage in the performance of`Services to, for, or can behalf of City of Santa Ana. if'at any tinge it is found that Company is not adhering to any and/or all ofthe statements in this dOCUr ent and dues not maintain the minimum professional liability insurance coverag€, as rewired in the Agreement, it will he considered a breach a l Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages, 0 / /202 siv "nallite Dale Brandon: Elrod _W Print Name President ._... u....__._ . 'I 0V Cc) traat In("nriniation,i.e.,Telephone Nc mbcr sand/car F."mail A(Idmess Affidavit of Exemption for Prafessponal Liabilpty Insurance 11.12.2024 DATE(MMIDDIYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE `...-� 08/06/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AETOS PARTNERS INSURANCE SERVICES INC. NAME: Lawrence Dy 4869 TOPANGA CANYON BLVD #2 AIc"N Ext: 818-914-0933 A/c No: 806-621-4747 WOODLAND HILLS, CA 91364 E-MAIL ADDRESS: lawrence@aetosinsurance.com License#: 6015804 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Greenwich Insurance Company 22322 INSURED INSURERB: CorePOlnte Insurance Company 10499 PCA Arborists& Consultants, Inc. INSURERC: XL Specialty Insurance Company 37885 910 E. Walnut St. INSURER D7 Santa Ana, CA 92701 INSURER E 7 INSURER F: COVERAGES CERTIFICATE NUMBER: 00000004-260623133762 REVISION NUMBER: 12 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LT R POLICY NUMBER MM DD YYYY MM/DD YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y NPC-1006073-03 06/17/2026 06/17/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE L Fvl DAMAGE A] OCCUR PREM SESOERENTED a occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICYEl jE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y NBA-1009128-01 05/17/2025 05/17/2026 EOa accident) SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY AUTOS ONLY Per accident $ A UMBRELLA LIAB X OCCUR Y Y NEC-7000978-00 06/17/2026 06/17/2026 EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED I I RETENTION$ $ B AND EMPLOYERS'LIABILITY WORKERS COMPENSATION Y CTP1003831 06/17/2026 06/17/2026 X STATUTE OERH ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Inland Marine NIM-1010211-00 06/17/2026 06/17/2026 Catastrophe Limit 327,908 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana, its City Council, officers, officials, employees,agents, and volunteer is listed as additional insured. A waiver of subrogation under the Worker's Compensation and General Liability is in favor of the City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Tu Tran Digitally signed by Tu Tran Nguyen APPROVED Date:2025.08.06 Nguyen 12:04:07-07'00' By T8d T0"a41 Ng[9)/eNt 1$12.`03 p6Sd,Aug 06,2025'.. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Attn: PRCSA—Zoo ACCORDANCE WITH THE POLICY PROVISIONS. 1801 E Chestnut Ave. M-90 Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE � i- �,0,�.ttit�. LMD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by LMD on 08/06/2025 at 11:38AM POLICY NUMBER: XIC 421 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE DESCRIPTION A. Temporary Substitute Auto Physical Damage B. Who Is An Insured 1. Broad Form Insured 2. Employees As Insureds 3. Additional Insured By Contract, Agreement or Permit 4. Employee Hired Autos C. Supplementary Payments D. Amended Fellow Employee Exclusion E. Physical Damage Coverage 1. Rental Reimbursement 2. Extra Expense— Broadened Coverage 3. Personal Effects Coverage 4. Lease Gap 5. Glass Repair—Waiver Of Deductible F. Physical Damage Coverage Extensions 1. Additional Transportation Expense 2. Hired Auto Physical Damage G. Business Auto Conditions 1. Notice Of Occurrence 2. Waiver Of Subrogation 3. Unintentional Failure To Disclose Hazards 4. Primary Insurance H. Bodily Injury Redefined I. Extended Cancellation Condition XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 1 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. A. Temporary Substitute Auto Physical Damage SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is changed by adding the following: If Physical Damage coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos"for Physical Damage coverage: 1. Any"auto"you do not own while used with the permission of its owner as a temporary substitute for a covered "auto"you own that is out of service because of its: a. Breakdown; b. Repair; C. Servicing; d. "Loss"; or e. Destruction. B. Who Is An Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is changed by adding the following: 1. Broad Form Insured For any covered "auto", any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest, provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to "bodily injury" or "property damage"that occurred before you acquired or formed the organization. 2. Employees As Insureds Any"employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow, in your business or your personal affairs. 3. Additional Insured By Contract, Agreement Or Permit Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract, agreement or permit. 4. Employee Hired Autos An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 2 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ENDORSEMENT# This endorsement, effective 12:01 a.m., forms part of Policy No. issued to by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read this endorsement carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force— Bodily Injury or Property Damage B. Damage To Premises Rented To You Extension • Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage • Limit increased to $300,000 C. Aircraft Chartered with Crew D. Non-Owned Watercraft E. Personal and Advertising Injury—Assumed by Insured Contract F. Increased Supplementary Payments • Cost for bail bonds increased to $5,000 • Loss of earnings increased to$1,000 per day G. Resulting Damage to Your Work or Your Product H. Broadened Named Insured I. In Rem J. Additional Insured—Automatic Status When Required in Written Contract or Agreement K. Blanket Additional Insured—Managers or Lessors of Premises L. Blanket Additional Insured—Lessor of Leased Equipment M. Blanket Additional Insured—Controlling Interest XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 1 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. N. Blanket Additional Insured—Mortgagee, Assignee or Receiver O. Blanket Additional Insured—State or Governmental Agency P. Blanket Additional Insured—Vendors Q. Blanket Additional Insured—Grantor of Franchise R. Primary Insurance Clause Endorsement S. Injury to Co-Employees and Co-Volunteer Workers T. Knowledge and Notice of Occurrence or Offense U. Unintentional Omission V. Unintentional Failure to Notify or Report W. Liberalization X. Blanket Waiver of Subrogation Y. Extension of Coverage— Bodily Injury Z. Coverage Territory XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 2 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. A. REASONABLE FORCE— BODILY INJURY OR PROPERTY DAMAGE 1. Exclusion a. Expected Or Intended Injury of Paragraph 2., Exclusions of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I—COVERAGES is deleted in its entirety and replaced by the following: This insurance does not apply to: Expected Or Intended Injury Or Damage a. "Bodily injury"or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last Paragraph of 2. Exclusions of COVERAGE A.- BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I — COVERAGES is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage.A separate limit of insurance applies to this coverage as described in SECTION III—LIMITS OF INSURANCE. 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or C. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of SECTION III-LIMITS OF INSURANCE is deleted in its entirety and replaced by the following: 6.a. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire, explosion, lightning, smoke, aircraft or vehicle or riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage or any combination of any of these. b. The Damage to Premises Rented to You Limit will be the higher of: (1) $300,000; or (2) The amount shown on the Declarations for Damage to Premises Rented to You Limit. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 3 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. 4. Paragraph 9.a. of the definition of"insured contract' under SECTION V- DEFINITIONS, is deleted in its entirety and replaced by the following: "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning,explosion, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage to premises while rented to you, or temporarily occupied by you with the permission of the owner is not an "insured contract'. 5. This Article B. does not apply if coverage for Damage to Premises Rented to You of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I — COVERAGES is excluded by endorsement. C. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions contained in exclusion g., Aircraft, Auto Or Watercraft in Paragraph 2., Exclusions of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY SECTION -COVERAGES: This exclusion does not apply to: Aircraft chartered with crew to any insured. 2. This Article C. does not apply if the chartered aircraft is owned by any insured. 3. The insurance provided by this Article C. shall be excess over any valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. D. NON-OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of exclusion g. Aircraft. Auto Or Watercraft in Paragraph 2., Exclusions of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I - COVERAGES is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) 50 feet long or less; and (b) Not being used to carry persons or property for a charge; 2. This Article D. applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of the watercraft. 3. This insurance provided by this Article D. shall be excess over any other valid and collectible insurance available to the insured,whether primary, excess, contingent or on any other basis,except for insurance purchased specifically by you to be excess of this policy. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 4 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. E. PERSONAL AND ADVERTISING INJURY—ASSUMED BY INSURED CONTRACT 1. Exclusion e. Contractual Liability in Paragraph 2., Exclusions of COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY of SECTION I—COVERAGES is deleted in its entirety and replaced by the following: This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a written contract or agreement that is an "insured contract'; provided the "personal and advertising injury" is caused by an offense which occurs subsequent to the execution of the contract or agreement. 2. Subparagraph f. of the definition of"insured contract' SECTION V— DEFINITIONS is deleted in its entirety and replaced by the following: f. That part of any other contract or agreement pertaining to your business, including an indemnification of a municipality in connection for work performed for a municipality, under which you assume the tort liability of anther party to pay for"bodily injury", "property damage" or "personal and advertising injury" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 3. This Article E. does not apply if Coverage B. Personal And Advertising Injury Liability is excluded by endorsement. F. INCREASED SUPPLEMENTARY PAYMENTS Subparagraphs 1. b. and d. of SUPPLEMENTARY PAYMENTS—COVERAGES A AND B of SECTION I— COVERAGES are amended as follows: 1. In Subparagraph b., the amount we will pay for the cost of bail bonds is increased up to $5,000. 2. In Subparagraph d., the amount we will pay for a loss of earnings is increased up to$1,000 a day. G. RESULTING DAMAGE TO YOUR WORK OR YOUR PRODUCT The following is added to Paragraph 1. Insuring Agreement under COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I—COVERAGES Subject to all terms and conditions of the policy but most particularly SECTION I—COVERAGES Paragraph 2. Exclusions, a. Expected Or Intended Injury, j. Damage To Property, k. Damage To Your Product and I. Damage To Your Work, "property damage" resulting from faulty workmanship shall be deemed to be caused by an "occurrence". XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 5 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. H. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declarations is as follows: The person or organizations named in Item 1. of the Declarations and any organization, other than a partnership orjoint venture, over which you maintain ownership or majority interest on the effective date of the policy. However, coverage for any such organization will cease as of the date that you no longer maintain ownership of, or majority interest in, such organization. 2. This Article G. does not apply to any person or organization for which coverage is excluded by endorsement. I. IN REM We agree that any action in rem against any vessel owned, operated by or for, or charted by or for you shall in all respects be treated in the same manner as though the action was in personam against you. J. ADDITIONAL INSURED — AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT OR AGREEMENT 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s)for whom you have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for: a. "Bodily injury" or "property damage" not included in the "products-completed operations hazard"; or b. "Personal and advertising injury"; caused by, in whole or in part, your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your operations. 2. The insurance afforded to such additional insured described in Paragraph 1. of this endorsement: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 3. With respect to insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" due to rendering of or failure to render any professional service. This includes but is not limited to: a. Legal, accounting or advertising services; b. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings or specifications; C. Inspection, supervision, quality control, architectural or engineering activities done by or for you on a project on which you serve as construction manager; d. Engineering services, including related supervisory or inspection services; XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 6 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. e. Medical, surgical, dental, X-ray or nursing services treatment, advice or instruction; f. Any health or therapeutic service treatment, advice or instruction; g. Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy; h. Any service, treatment, advice or instruction relating to physical fitness, including service, treatment, advice or instruction in connection with diet, cardiovascular fitness, bodybuilding or physical training programs; I. Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; j. Body piercing services; k. Services in the practice of pharmacy; I. Law enforcement or firefighting services; and M. Handling, embalming, disposal, burial, cremation or disinterment of dead bodies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence"which caused the"bodily injury"or"property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional service. 4. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement described in Paragraph 1.; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. K. BLANKET ADDITIONAL INSURED— MANAGERS OR LESSORS OF PREMISES 1. SECTION II—WHO IS AN INSURED is amended to include as an insured any person or organization with whom you have agreed in a written contract executed prior to loss (an "additional insured"), but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the"additional insured" shall be the limits you agreed to provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the "additional insured" does not apply to: (1) Any "occurrence" that takes place after you cease to be a tenant in that premises; (2) Any premises for which coverage is excluded by endorsement; or XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 7 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. (3) Structural alterations, new construction or demolition operations performed by or on behalf of such "additional insured". 2. The insurance afforded to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. L. BLANKET ADDITIONAL INSURED— LESSOR OF LEASED EQUIPMENT 1. SECTION II —WHO IS AN INSURED is amended to include an "additional insured" (as defined in Article H. above), but only with respect to their liability arising out of maintenance, operation or use by you of equipment leased to you by such "additional insured", subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the"additional insured" shall be the limits which you agreed to provide, or the limits shown on the Declarations,whichever is less. b. The insurance afforded to the "additional insured" does not apply to: (1) Any "occurrence" that takes place after the equipment lease expires; or (2) "Bodily injury" or"property damage" arising out of the sole negligence of such additional insured. 2. The insurance provided to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have a written contract for this insurance to apply on a primary or contributory basis. M. BLANKET ADDITIONAL INSURED—CONTROLLING INTEREST 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured ANY person(s) or organization(s), but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. However: C. The insurance afforded to such additional insured only applies to the extent permitted by law; and d. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 3. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 8 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. N. BLANKET ADDITIONAL INSURED— MORTGAGEE, ASSIGNEE OR RECEIVER 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured ANY person(s) or organization(s), but only with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of the premises by you and shown in the Schedule. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 3. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. O. BLANKET ADDITIONAL INSURED—STATE OR GOVERNMENTAL AGENCY 1. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or C. The ownership, maintenance or use of any elevators covered by this insurance. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 9 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. However: d. The insurance afforded to such additional insured only applies to the extent permitted by law; and e. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURED: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. P. BLANKET ADDITIONAL INSURED -VENDORS 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor), but only with respect to liability for"bodily injury" or"property damage" arising out of"your products" shown in the Schedule of this endorsement which are distributed or sold in the regular course of the vendor's business. However: a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 10 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or 3. "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: a. The exceptions contained in Subparagraphs (4) or(6); or b. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 4. With respect to the insurance afforded to these vendors, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Q. BLANKET ADDITIONAL INSURED—GRANTOR OF FRANCHISE 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured ANY person(s) or organization(s), but only with respect to their liability as grantor of a franchise to you. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 11 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. R. PRIMARY INSURANCE CLAUSE ENDORSEMENT It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, if so required by written contract. S. INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS 1. SECTION II — WHO IS AN INSURED is amended to include your "employees" as insureds solely with respect to "bodily injury" to a co-"employee" in the course of the co-"employee's" employment by you, or to your"volunteer workers"while performing duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. SECTION II — WHO IS AN INSURED is amended to include your "volunteer workers" as insureds with respect to"bodily injury"to a co-"volunteer worker"while performing duties related to the conduct of your business, or to your"employees" employment by you, provided that this coverage for your 11 volunteer workers"does not apply while performing duties unrelated to the conduct of your business. T. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE 1. The following is added to Paragraph 2., Duties In The Event Of Occurrence, Offense, Claim Or Suit of the SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Notice of an "occurrence" or of an offense which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to any insured listed under Paragraph 1. of SECTION II — WHO IS AN INSURED or any "employee" (such as insurance, loss control, risk manager or administrator)designated by you to give such notice. Knowledge of any other "employee(s)" of an "occurrence" or of an offense does not imply that you also have such knowledge. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1.of SECTION II—WHO IS AN INSURED or an "employee" (such as an insurance, loss control, or risk manager or administrator)designated by you to give such notice discovers that the "occurrence", offense or claim may involve this policy. U. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6., Representations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. However, this Article L. does not affect our right to collect XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 12 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. X. BLANKET WAIVER OF SUBROGATION 1. The following is added to SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 13 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. This insurance does not apply to: a. "bodily injury" or"property damage"; or b. "personal and advertising injury" that takes place or is caused by an offense committed outside the United States of America(including its possessions and territories), Canada and Puerto Rico, unless a "suit" on the merits (to determine the insured's responsibility to pay damages to which this insurance applies) is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico. This insurance does not apply to damage, loss,cost or expenses in connection with any"suit"brought outside the United States of America (including its possessions and territories), Canada or Puerto Rico. All other terms and conditions of this policy remain unchanged. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 14 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. X. BLANKET WAIVER OF SUBROGATION 1. The following is added to SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 13 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 5/17/2025 Policy No. CTP1003831 Endorsement No. 0 Insured PCA Arborists &Consultants, Inc. Insurance Company CorePointe Insurance Company Countersigned by WC 04 03 06 (Ed. 04-84) CITY a t r Risk Management a division of Human. Resources Managing lisle through Awareness and Action �^p➢ '�.,u AFFIDAVIT AVIT OF EXEMPTION FOR PROFESSIONAL LI BIL FIN INSURANCE t Brandon Elrod ("Representative"), attest that ➢ am an authorized (Nance and Title of Vendor Representative) P Arborists Consultants Inc. representative taf' . ............ ( C.talapaaay"), and (C onanitantJC'ornp any Name) ptasscss the authority to legally hind Company. In nay capacity as Representative of'Company, t represent and cont irm the following, as relates to the agreement between Company and City caf"S<anta Ana, agreement number A..- 0 4 0'07-04k.:)round maintenance services i ("Agreement") to provide (Services to be provided under agreement/contract) During the course and scrape of C'cranpany's agreement wit a (lie City of'Santa Ana, COrnpatly will not Use the services of,an expert necessitating profiessional liahilityfei-rors ornissitans liability insurance coverage in the performance of`Services to, for, or can behalf of City of Santa Ana. if'at any tinge it is found that Company is not adhering to any and/or all ofthe statements in this dOCUr ent and dues not maintain the minimum professional liability insurance coverag€, as rewired in the Agreement, it will he considered a breach a l Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages, 0 / /202 siv "nallite Dale Brandon: Elrod _W Print Name President ._... u....__._ . 'I 0V Cc) traat In("nriniation,i.e.,Telephone Nc mbcr sand/car F."mail A(Idmess Affidavit of Exemption for Prafessponal Liabilpty Insurance 11.12.2024 Exhibit 5 FIRST AMENDMENT WITH DMS FACILITY SERVICES TO PROVIDE GROUND MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 7, 2026, by and between DMS Facility Services ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. The parties entered into Agreement No. A-2024-007-01, dated January 16, 2024, by which Contractor agreed to provide ground maintenance services to City parks, bike trails, open spaces, and parking lots in various City districts as assigned("Agreement"). Contractor was assigned to provide services in Districts 1 and 4. B. The initial term of the Agreement runs for a three (3) year term from February 1, 2024 through January 31, 2027, with an option to grant up to two (2) one (1) year extensions through 2029. The Agreement is current and in-effect. C. The parties now wish to amend the Agreement to expand the scope of the Agreement, allowing Contractor to provide the same services in all locations within the City, as described in RFP No. 23-151. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to add additional locations to the scope. Section 1 is now restated to read as follows: Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference, for all locations within the City. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. [signatures on following page] Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM CONTRACTOR Sonia R. Carvalho City Attorney I'e Neliesen y: A i ing Assistant City Attorney Title: General Manager RECOMMENDED FOR APPROVAL koio Wo PD,fa f Rnrinlfn Rn.ac(.lien�3 2n9c'6 7fi7 Pf]T) Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency Page 2 of 2 Exhibit 6 FIRST AMENDMENT WITH LANDSCAPE WEST MANAGEMENT SERVICES, INC. TO PROVIDE GROUND MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 7, 2026, by and between Landscape West Management Services, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. The parties entered into Agreement No. A-2024-007-02, dated January 16, 2024, by which Contractor agreed to provide ground maintenance services to City parks, bike trails, open spaces, and parking lots in various City districts as assigned("Agreement"). Contractor was assigned to provide services in Santa Ana Civic Center. B. The initial term of the Agreement runs for a three (3) year term from February 1, 2024 through January 31, 2027, with an option to grant up to two (2) one (1) year extensions through 2029. The Agreement is current and in-effect. C. The parties now wish to amend the Agreement to expand the scope of the Agreement, allowing Contractor to provide the same services in all locations within the City, as described in RFP No. 23-151. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to add additional locations to the scope. Section ] is now restated to read as follows: Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference, for all locations within the City. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. [signatures on following page] Page I of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM CONTRACTOR Sonia R. Carvalho City Attorney By:;� , �z re Nellesen By: Michael Garibay istant City Attorney Title: President RECOMMENDED FOR APPROVAL '-OdoGFo nfaf Rodolfo Rosas(Jun 23,2026 16:36:40 PDT) Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency Page 2 of 2 Exhibit 7 FIRST AMENDMENT WITH MARIPOSA LANDSCAPES, INC. TO PROVIDE GROUND MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 7, 2026, by and between Mariposa Landscapes, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2024-007-03, dated January 16, 2024, by which Contractor agreed to provide ground maintenance services to City parks, bike trails, open spaces,and parking lots in various City districts as assigned("Agreement"). Contractor was assigned to provide services in Districts 2 and 3. B. The initial term of the Agreement runs for a three (3) year term from February 1, 2024 through January 31, 2027, with an option to grant up to two (2) one (1) year extensions through 2029. The Agreement is current and in-effect. C. The parties now wish to amend the Agreement to expand the scope of the Agreement, allowing Contractor to provide the same services in all locations within the City, as described in RFP No. 23-151. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to add additional locations to the scope. Section 1 is now restated to read as follows: Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials,tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference, for all locations within the City. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. [signatures on following page] Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM CONTRACTOR Sonia R. Carvalho City Attorney By. / Ve Nellesen By:Te Noriega ssistant City Attorney Title:President RECOMMENDED FOR APPROVAL Rodolfo Rosas(Jun 25,2026 18:02:22 PDT) Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency Page 2 of 2 Exhibit 8 FIRST AMENDMENT WITH PACIFIC COAST HORTICULTURISTS TO PROVIDE GROUND MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 7, 2026, by and between PCA Arborists & Consultants, Inc. doing business as Pacific Coast Horticulturists ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2024-007-04, dated January 16, 2024, by which Contractor agreed to provide ground maintenance services to City parks, bike trails, open spaces, and parking lots in various City districts as assigned("Agreement"). Contractor was assigned to provide services for Santa Ana City Zoo. B. The initial term of the Agreement runs for a three (3) year term from February 1, 2024 through January 31, 2027, with an option to grant up to two (2) one (1) year extensions through 2029. The Agreement is current and in-effect. C. The parties now wish to amend the Agreement to expand the scope of the Agreement, allowing Contractor to provide the same services in all locations within the City, as described in RFP No. 23-151. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to add additional locations to the scope. Section 1 is now restated to read as follows: Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference, for all locations within the City. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. [signatures on following page] Page r of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM CONTRACTOR Sonia R. Carvalho City Attorney By: Tse Nellesen By: Brandon Elrod sistant City Attorney Title: President RECOMMENDED FOR APPROVAL '-mo6Fo nfaf Rodolfo Rosas(Jun 23,2026 16:36:21 PDT) Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency Page 2 of 2