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HomeMy WebLinkAboutMERCHANTS LANDSCAPE SERVICES, INC. 2DCity of Santa Ana Clerk of the Council ' AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. ` I PH t. Return form to the Clerk of the Council Office (M-30). Call 647-5268 if you have any questions. ; -------------------------------------------------------- The agreement with '� N j ,� ,n, Q �q pe to � t,, e , V—[ �vm � its. J�L� ,�; L� No. _ �2) was completed on 122)0 1 1D and final payment has been made. Department: 4--200C1-YI () ('4� Phone/Ext.: A"' IC) -09's' � a 0 Ift' ®ZO O-O-Ia PC) Revised 07-23-07 Signature: 8KL& Date: U131 I g A-2011-043 241 GLTE:iK `IYtH DA, E 1�► FOURTH AMENDMENT TO AGREEMENT �-1 \A THIS FOURTH AMENDMENT TO AGREEMENT is entered into on February 22, 2011, by and between Merchants Landscape 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: s fjrr A. The parties entered into that certain Agreement A-2009-053, dated May 18, 2009, (hereinafter "said Agreement") by which Contractor has provided park landscape <1 maintenance services. B. Said Agreement has been amended by the parties on October 5, 2009, November 16, 2009 and July 1, 2010, to add park sites and City facilities for which Contractor is responsible for U landscape maintenance, and to extend the term of said maintenance. C. In order to provide uninterrupted park maintenance services at additional park sites and public facilities within the city, the parties wish to amend the Scope of Services, add compensation to pay for the additional services and provide for an extension of the term of said Agreement to allow City the ability to complete the bid process for landscape maintenance services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "a. Contractor shall perform landscape maintenance services for Santa Ana Parks, District 2, including the Santa Ana Stadium and Civic Center but excluding El Salvador Park, as set forth in City's Request for Proposal 09-006, dated February 27, 2009, incorporated by reference to said Agreement, the Specification for Routine Maintenance, attached to said Agreement as Exhibit A, as amended by the parties, and Contractor's Proposal dated April 6, 2009, attached to said Agreement as Exhibit B. Said maintenance includes the baseball/softball diamond maintenance, which Contractor has subcontracted to Major League Softball. b. Contractor shall provide landscape maintenance for bike trails and facilities located throughout the City, as set forth in Exhibit A- 1, in conformance with the specifications set forth in Exhibit A-2. Both exhibits are attached hereto and incorporated by reference." 2. Section 2, COMPENSATION, shall be amended to increase compensation by $75,048.00, to pay for the additional services at a monthly rate of $18,762.00 plus a contingency of $5,000.00 for unanticipated work which may be required during the extended term. If the term of said Agreement extends beyond June 30, 2011, as provided in Section 3, below, compensation shall be amended to provide an additional $76,795.00 ($18,762 for maintenance of the additional bike trails and facilities plus $58,033.00 for current District 2 site maintenance). The total amount to be paid pursuant to said Agreement shall not exceed $913,194.00 during the term of said Agreement. 3. Section 3, TERM, shall be amended to provide for the extension of the term for a one month period, through July 31, 2011. However, if the City completes its bid process, awards a contract for landscape maintenance of the parks and facilities which are the subject of this Agreement prior to June 30, 2011, and provides written notice of the award, this Agreement shall terminate effective June 30, 2011. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA (}-A MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: MERCHANTS LANDSCAPE SERVICES JOSEPH STRAKA Interim City Attorney By Laura Sheedy (NAME)AVAAA� Assistant City Attorney (Title)/eWeS f�DL-�r- Exhibit A-1 PRF List of Properties Park/Site Acreage Address 1 Newhope Library 0.56 122 North Newhope Street 2 CDA Dowtown Properties 4.33 3 Cheppa's Park 0.40 1009 N. Custer Street 4 Eldridge Park 1.21 2933 N. Fallbrook Dr. Street 5 French Park 0.22 901 N. French Street 6 Saddleback View Park by Patricia Ln. 1.06 631 Patricia Lane Street 7 Sarah Mae Downey Herb Garden on Flower 0.13 2405 N. Flower Street 8 Santiago Creek bike trail extension 1.40 9 Santiago Park bike trail b/w Main and Memory 1.21 10 PE Bike Trail* 11.54 11 CDA Dowtown Properties 0.59 12 Flower Street Bike Trail 2.46 13 Sandpointe Park Paseos 0.64 3700 S. Birch Street 14 Segerstrom Triangle 2.00 1000 W. Hemlock Way Avenue 15 Bear St. bike trail b/w Segerstrom and MacArthur 0.70 16 Gertrude/St. Andrew Bike b/w Forest & Rene 0.05 17 Greenville bike trail b/w Warner and Segerstrom 1.04 18 MacArthur bike trail entrance 0.57 19 McFadden Center 0.48 2627 W. McFadden Ave 20 McFadden Triangle Park 0.82 McFadden/Santa Ana River 21 Raitt St. bike trail b/w Segerstom and Alton 0.69 22 Regional Trans. Center/Train Station, Santa Ana Blvd. 5.25 1000 East Santa Ana Blvd., *Includes Alton/Bristol bike trail b/w Flower and Bristol; Alton/Maple bike trail b/w Orange and Main; Central bike trail b/w Central and Adams; Main St. bike trail b/w Main and Flower; PE bike trail b/w Chestnut and Warner; Warner bike trail b/w Warner/Central EXHIBIT A GROUNDS/1-ANDSCAPE MAINTENANCE CONTRACT SPECIAL PROVISIONS 1. GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. Chi" The Executive Director of Parks Recreation and Community Services ("Director") or his Designee shall accept/reject materials and workmanship, and may make minor changes to the scope of work and specifications as set forth herein which do not involve extra cost to the Contractor. 2. Contractor a) 24-Hour Contact Number The Contractor shall provide the Director with a telephone number at which a contact person for the Contractor may be reached 24 hours a day. The contact person shall be required to respond back to the Director or his representative within 1 hour. The contact person shall have the appropriate knowledge and/or authority to take appropriate action in response to any emergency situation that may arise involving the contractor's responsibilities hereunder. b) Submittals Prior to performing the services as provided herein, Contractor shall submit to the Director for approval: 1) a detailed annual, monthly and weekly work schedule; 2) names and titles of all persons working on the project; and, 3) lists of equipment, materials and/or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as available. The Director shall be immediately notified of any changes to the above information. c) Uniforms and Vehicle Identification The Contractor shall provide to all of its field personnel a standard uniform including, but not limited to, uniform company hats, collared work shirts, pants, and ANSI approved safety shoes. All uniforms will be marked with some form of company logo or other form of identification. All vehicles and equipment on the project site shall be in an operable and working condition, with a clean appearance without visible damage, dirt, graffiti etc. In addition, all vehicles shall have the company's name clearly identified on the right and left side doors. Exhibit A-2 B. SAFETY REQUIREMENTS All work performed under this contract shall be completed per federal, state and local laws and worker safety regulations. In the event that the Contractor's work force is observed by City staff working unsafely the Director may, at his discretion, require the Contractor to stop performing until such time as the unsafe working condition is remedied and pay all costs and or damages resulting from the delay. C. SAFETY NOTIFICATION If Contractor identifies a condition which exists on City property that may be unsafe (unsafe shall mean a condition of park property that has the potential to cause physical harm to a person or persons or damage to a person's personal property) the Contractor shall: 1. Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and A -frame barricades or equal substitute around the condition; 2. Notify the Director of the condition immediately, first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern if possible. Once the Contractor has notified the City and the public of the unsafe condition, as specified above, Contractor shall have no further responsibility to remedy the condition unless the unsafe condition was caused by the Contractor. If the unsafe condition was caused by the Contractor, Contractor should take all steps necessary to protect the public from possible harm or damage from the condition. D. UNDERGROUND ALERT SYSTEMS Underground Alert Systems (telephone number 1-800-422-4133) shall be notified by Contractor 48- hours in advance of any relevant excavation work by Contractor. E. PROPERTY DAMAGE Any damage to private property (real property or personal property) caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this Agreement. F. ACCESS TO PRIVATE PROPERTY Prior to any work involving access to or upon private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or the private property owner. G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Any such property that is removed or damaged, other than property pre -approved for removal, shall be replaced or repaired at Contractor's expense. H. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets. In situations where it is necessary to restrict traffic flow, the Contractor will contact the appropriate City department and obtain all necessary permits and/or consent from the responsible public agency. I. MONTHLY REPORTS Within the first 10 days of each month the Contractor shall submit a report to the Director detailing the following items from the preceding month: 1) A pesticide use report as required by the Agricultural Commissioner's Office; 2) An irrigation system failure report listing, by site, system failures and the method used or proposed to correct the system's failures; and, 3) A recycling report, with photocopied or attached receipts, evidencing the amount of green waste recycled by Contractor in performing under this Agreement. J. WATER COST City will pay for water used by Contractor pursuant to this agreement up to a specified amount as detailed in a monthly Estimated Applied Water (EAW) report. Should the amount of water applied exceed the monthly EAW then the Contractor shall pay the cost of the excess water. 2. GROUND /LANDSCAPE MAINTENANCE SPECIFICATIONS A. SCOPE OF WORK The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals and all other items and services needed to perform as set forth in this Agreement, including all Exhibits. The Contractor shall provide all grounds/landscape maintenance at the Park locations listed in Attachment 1, including, but not limited to pruning/trimming, shaping and training of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling plant diseases and pests; mowing turf, edging tun` and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; ball diamond maintenance; tot -lot maintenance; and, all other maintenance required to maintain the Park locations in a safe, attractive and useable condition. The Contractor shall maintain all plant material in a condition of horticulturally accepted standards for growth, color, and appearance as determined by the Director. 1. Scheduling of Work a) The Contractor shall provide landscape maintenance between the hours of 6:00 a.m. and 6:00 p.m. only, Monday through Sunday. These hours of operation may be modified only with the Director's consent. Landscape maintenance that generates excess noise cannot begin before 8:00 a.m. b) The Contractor shall establish a schedule of "routine work" to be followed in the performance of this contract. A copy of this schedule shall be provided to the Director upon execution of this Agreement. Any changes in the schedule shall be reported in writing to the Director. c) The Contractor shall establish a schedule of renovations, pruning/trimming and other infrequent operations. A copy of this schedule shall be provided to the Director upon execution of this Agreement. Any changes in the schedule shall be reported in writing to the Director. 2. Work Force a) Contractor's supervisory personnel ("Supervisors") shall have at least five years experience in Ornamental Horticulture, Landscape Architecture, Irrigation Technology or a related field. Supervisors shall also possess landscape/grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and/or practices. Supervisors may be required to accompany the Director on weekly inspection tours of the contract Park sites. b) The Contractor shall provide Irrigation Specialists who possess, at a minimum, a Certificate in "Landscape Irrigation" equivalent to the specifications for the Fullerton College Certificate of Proficiency in Landscape Irrigation as specified in Attachment 4, hereto, to perform all irrigation checks and to provide direct supervision of repairs and/or, modifications to the irrigation system. c) The Contractor shall insure that all staff has a minimum of two years of landscape maintenance experience. d) The Director may request that the Contractor perform additional work or services to meet the performance standards required by this Agreement. 3. Material Safety Data Sheets a) The Contractor shall submit to the Director a list of all materials and/or chemicals that will or may be used by Contractor in performing the terms of this Agreement, The list shall include Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturers data that may be pertinent The list must be submitted before any materials/chemicals are used pursuant to the this Agreement. b} The materials and chemicals described herein shall comply with the following standards: (1) All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition. (2) All pesticides, including but not limited to, insecticides, fungicides, herbicides, and rodenticides, shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. (3) Tree stakes, tree ties and guy wires shall be of materials matching those already existing at the Paris work site or as agreed to by the Director upon inquiry by Contractor if no such apparatus is currently present at the Park or if in Contractor's judgment an alternative material should be used. 4. Recycling All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code ("SAMC") Chapter 16. Except for turf clippings, organic waste cannot be taken to a landfill. Every month the Contractor shall submit a written report, including receipts from licensed compositors/green waste recycling facilities, to the Director listing the quantities of organic waste recycled under this Agreement and the names and addresses of the composting or processing companies used. B. ROUTINE MAINTENANCE Routine maintenance shall include, but not be limited to, the following services performed at the Park Sites listed in Attachment 1, hereto. 1. Turf Care a) Mowing (1) All turf under this Agreement shall be considered "priority turf' (2) All priority turf shall be mowed once a week. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. The Director may require Contractor to mow the sport/priority turf areas lower than other turf areas to improve aesthetics and/or the playability of the field. Such sport areas would include baseball and softball diamond infields and outfields and soccer and football fields. (3) The Contractor shall maintain mowers so that they to provide a smooth even cut without ridges or depressions and without tearing of the leaf blades (caused by unsharpened mower blades). (4) All turf shall be cut to a height as determined by the Director. b) Edging and Detailing All edging shall be performed with the use of a McClain's edger or a like edger approved by the Director. Contractor shall edge all turf adjacent to all improved surfaces and, where no improved surface exists, turf edges shall be maintained with string trimmers. Edging/detailing shall be performed at the same time mowing occurs. Chemical detailing of turf may occur with the Director's approval. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. c) Fertilization/Soil Amending Contractor shall have the soil in the turf areas tested once per year in January by a soil - testing laboratory approved by the Director. One soil sample shall be taken at each site and for every acre of turf. The test will be comprehensive and provide a written report on the condition of the soil as well as recommendations on how to improve the soil, soil fertility, and overall health of the turf. After review of the soil reports, the Director may ask the Contractor to submit proposal(s) to perform soil improvement work at an extra cost to the City. d) Irrigation (1) Turf areas shall be watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall tun` areas show a lack of green color or a loss of resilience due to lack of water. If Contractor estimates that additional water above and beyond the monthly Maximum Applied Water Allowance (MAWA) may be needed, helshe shall request approval from the Park Services Utility Coordinator prior to exceeding the monthly irrigation budget as detailed in the monthly Maximum Applied Water Allowance (MAWA) report. (2) When an irrigation system does not adequately provide water to the turf area in which it is Installed, due to reasons including, but not limited to, controller failure, valve failure, poor coverage, etc., the Contractor shall provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate turf areas. (3) Should the Contractor not respond to signs of turf stress in a timely manner, the Director may dispatch his own staff to remedy the stress and deduct the cost of said efforts from the monthly invoice submitted by Contractor. (4) Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed not to exceed the MAWA. In the event that Contractor's water consumption exceeds the MAWA City may deduct said overages from the Contractor's monthly invoice. e) Weed Control (1) Contractor shall apply approved pre -emergent herbicides to all turf areas in order to control the germination of noxious weeds such as Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc. (2) Should turf type or broadleaf weeds germinate, the Contractor shall control the weeds immediately upon recognition by way of selective and/or broad-spectrum post emergent herbicides approved by the Director. 0 Replanting The Contractor shall be responsible for the complete removal and replacement of any and all turf lost due to the Contractor's failure to perform under this agreement. The Contractor shall resod and replant turf showing symptoms of severe stress or which expires for any reason during the course of this agreement. The Contractor shall re-establish any turf areas not exhibiting lush healthy growth with Agronotech Ball Diamond Mix 3-A at no extra cost to the City. 2. Ground Cover Care a) Edging and Detailing (1 } Ground cover beds shall be maintained within their intended bounds and edged and/or detailed a minimum of every month to keep the beds looking manicured at all times. (2) Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall be cleaned following each edging/detailing, including streets. b) Culti�ivation All visible bare soil areas shall be cultivated with °3 Prong Cultivators" every two weeks. In lieu of cultivation the Contractor may elect to mulch and plant bare soil areas with plant material approved by the Director. 3. Shrub Care a} Prunin1hrimming All shrubs growing in the work areas shall be pruned such that to the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets and view of signs or in any manner deemed objectionable by the Director. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruningthimming shall be done in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. 'Box hedging" may be required on some shrubs, as designated by the Director. Shear hedging or severe pruning/trimming of plants, unless authorized by the Director, is not permitted. Should the Contractor shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible to replace those plants with like kind and size as subject to approval by the Director. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. b) Irrigation All shrubs shall be properly irrigated to maintain a healthy condition. c) SplqLantinq The contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. 4. Tree Care a) Heioht/Quality of Pruning The Contractor shall routinely maintain all trees up to a height of fifteen (15) feet. All trees within the scope of work shall be maintained to keep the natural integrity and shape of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is Class I pruned as set forth in the City of Santa Ana Tree Pruning/Trimming and Stump Removal Specifications attached hereto as Attachment 2. In addition, the Director may require Contractor to remove, or prevent encroachment of, trees into the public right of way when the tree blocks vision necessary for safety or is otherwise considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning/trimming, training, and/or shaping to develop caliper and a strong structural framework may have low branching laterals and or appropriate sucker growth. b) Staking, TVoino and Guying All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director. Rubber hoses and wire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. c) Irrigation All trees shall be properly irrigated to maintain a healthy condition. d) General Re uiremen In the event the Contractor detects any tree displaying heaving roots or girdling (either by roots or a foreign material), or is leaning, or has broken or hanging limbs, or if Contractor determines that a potential safety hazard may exist, Contractor shall notify the Director of such condition by phone within twenty-four (24) hours. e) Failure to Perform The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes, but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning/trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. Contractor shall have all trees that exhibit signs of disease or any other signs of distress inspected by a Certified Arborist. Should the Certified Arborist determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the Certified Arborist determine that the tree's unhealthy condition or death was caused by Contractor then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or to replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. 5. Annual Color All areas having existing annual color shall be maintained and rotated four 4 times per detailed in the Annual Color Planting and Maintenance Specification, Attachment 3 hereto. as 6. Weeds. Disease and Pest Control a) Weed Control All landscape and hardscape areas shall be kept free of weeds at all times. Weeds shall be removed by hand and/or approved mechanical or chemical methods. Director may dispatch City staff at Contractor's expense to remove weeds that reach two (2) inches or greater and have not removed within one (1) week of the Director's request to Contractor for removal. b) Disease and Pest Control (1) The Contractor shall inspect on a weekly basis all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of disease, insect or rodent infestation. If any disease, insect or rodent infestation is discovered, and upon notification to the Director, Contractor shall take appropriate control measures to resolve the problem. (2) If any plant material (turf, groundcover, shrubs, trees etc.) dies without the Contractor's Horticulturist and/or Arborist, as appropriate, diagnosing the plant and implementing efforts to save the plant, the City will assume the Contractor caused the plant's death. Contractor will be required to replace the plant with like species and size at no extra cost to the City. 7. lntoation System Maintenance a) General Responsibilities (1) Contractor shall use automatic or mechanical irrigation systems to water the areas specified in this Agreement. In the event the existing irrigation system fails to provide full and proper coverage, Contractor shall provide alternate irrigation with full and proper coverage to all areas in the work site at no extra cost to the City. (2) Newly planted trees, shrubs, ground cover and turf shall receive adequate water to promote normal healthy growth. Proper berms or basins shall be maintained during the establishment period. b) Operation of Automatic lrr ation Controllers Where the operation of automatic Mgation controllers is required, the Contractor shall: (1) Not duplicate any coded City key fumished by the Parks, Recreation & Community Services Agency to Contractor for access and operation of the controller. (2) Surrender all keys furnished to the Contractor by the Parks, Recreation & Community Services Agency at the end of the contract period, or at any time deemed necessary by the Director to prevent loss to the City of Santa Ana. (3) Protect the security of City property by keeping controller cabinets and building doors locked at all times. (4) Refrain from using locked premises for storage of materials, supplies or tools, except as approved by the Executive Director. (5) Program normal irrigation to occur between the hours of 10:00 p.m. and 4:00 a.m. c) Water Conservation The contractor shall turn off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of the MAWA. d) Inspection and Reporting (1) The Contractor shall physically inspect the operation of all irrigation systems once a month. The Contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capability. Contractor shall ensure that excessive over spray/runoff into street right-of-ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or which is malfunctioning due to attrition, vandalism, etc. (2) Contractor shall perform a visual inspection of all irrigated areas at least once per week, All areas receiving marginal coverage shall be irrigated by a portable irrigation method. The contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. (3) Contractor shall submit an irrigation report to the Director every month. The report shall be of the format required by the Director and shall include, but not be limited to, all system controller locations, the type of controller at each location, the number of stations at each location and the run times for each station. This report is in addition to the monthly report on irrigation system failures as required in section 1(I), above. e) Repairs The Contractor shall be responsible for repairs to all irrigation heads, swing joints and lateral lines as a part of this Agreement. The Director will be responsible for repairs to the irrigation system from the valve to the water meter. When a portion of an irrigation system, meter to valve, fails to properly operate, the Contractor shall notify the Director immediately upon Contractor's discovery of the system's failure. Contractor shall provide supplemental irrigation to the landscape areas affected by the irrigation system failure to assure that plant material in the affected area will continue to thrive. The Director shall, within four (4) days of receiving the above notice from the Contractor, initiate repairs to the system. Within this four day period the Director, at his/her discretion, may decide to request from Contractor proposals to repair the irrigation system, have in-house staff make the repairs, and/or request another business entity to submit bids for the repair work. B. Hardscape Maintenance a) All paved areas, including but not limited to paved parking lots, pool decks, stamped or other enriched hard surface areas, shall be cleaned at least once a week between Monday and Friday. Vacuums, blowers, sweepers or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. The City must approve any equipment that is to be used for cleaning hardscape. b) Picnic facilities and park benches, including but not limited to picnic tables, barbecues, benches, concrete pads and shelters, shall be maintained in a safe and clean condition. (1) All picnic amenities (picnic tables, barbecues, picnic shelters, concrete picnic pads, etc.) and park benches shall be cleaned every day Monday through Friday to assure that all trash, debris, glass, staples, nails, tape, wire, etc. is removed. (2) All concrete areas beneath picnic amenities, park bench areas, patio areas, adjacent building entrances shall be hosed down once a month using a garden hose and high pressure nozzle. (3) All barbecues shall have ashes, charcoal and any other such materials removed at least once a week. c) All parts facilities with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the Contractor, the flag not be in good condition (faded, discolored, torn and/or having holes) Contractor shall immediately request from the Director a new flag. Contractor shall raise the new flag immediately upon receipt from the Director. d) Drinking fountains shall be clean, polished, sanitized and unplugged every day Monday through Friday, The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean, polished and free of any stains or mineral build up. 9. Playground/Tot-Lot Areas (if Applicable To Contract Parks) a) The Contractor shall provide maintenance of all playground/tot-lot sand and rubberized areas once each week. Maintenance shall include, but is not limited to, loosening of compacted areas, regrading sand areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand to assure that debris and any other foreign objects are removed, and removal of weeds and trash and other undesirable material. Rubberized fall areas shall be cleaned of sand and debris. Any sand that accumulates on the rubberized surface shall be reused. b) The City shall be responsible for all playground equipment and tot -lot area safety inspections. 10. Ball Diamond Maintenance If Applicable To Contract Parks The Contractor shall provide the ball diamond facilities as identified in Attachment 5, hereto, with the scheduled maintenance as set forth in Attachment 5. IT IS THE INTENT OF THIS AGREEMENT THAT THE MAINTAINANCE OF THESE FACILITIES ENHANCES PLAYER SAFETY AND QUALITY OF PLAY. a) Baseball Field Maintenance Ball diamond facility maintenance shall include, but is not limited to, trash and debris (especially sunflower seeds) removal from fields, grandstands, dugouts, around concession stands, etc.; graffiti eradication/over painting of bleachers, backboards, fencing, signs, etc.; and the hosing down of stains and spills in paved areas, etc. b) Daily infield maintenance shall include the following: (1) Hand level by use of a landscapers leveling rake infield areas where the brickdust has been displaced by players and/or in normal build up areas. Areas to be leveled daily are home plate, pitchers mound, all three base areas, shortstop and second base areas, skin lines (area where the brickdust meets the sport tud) and areas on the perimeter where the brickdust meets the backstop or fencing bottom railing. (2) Hand compact with an asphalt tamper (or other approved tool) areas such as the batter's box area and the pitchers mound. Contractor shall utilize a hand watering can and extra clay to sufficiently compact these areas. (3) Eliminate build up along the skin lines by brooming, blowing or high pressure hosing any build up of brickdust into the infield. (4) Infield maintenance shall include watering followed by nail dragging, followed by metal mat dragging. The Contractor shall develop a pattern (this refers to the actual pattern of dragging an infield by using a drag mat) of dragging the infields that levels the field and prevents high or low areas in the infield. Contractor will take care not to drag close to the skin line and the backstop/fence lines. (5) Hand drag or broom the skin lines and perimeter backstop/fence areas. (6) Finish by watering down infield. c) Daily outfield maintenance shall include: (1) Irrigation checks and repairs to assure that irrigation heads are at the proper grade and no "slippery" areas exist. (2) Fill in of divots and depressions with #20 white silica sand mixed with Lesco Eagle Blend perennial rye grass seed to re-establish the areas, d) Weed r Maintenance The Contractor shall provide ball diamond maintenance as set forth in Attachment 5. At least once per week the Contractor shall make sure the arc line is correct pursuant to the standard set forth by Director. Contractor will then edge the skin line to achieve a smooth crisp arc where the brickdust meets the sport turf. Fence lines and warning track shall also be edged, using a McClain's edger or approved equal, to create crisp straight lines. e) Non -recurring maintenance: During inclement weather the Contractor shall work to reopen baseball fields as soon as practicable. The Contractor shall use Diamond Dry or an approved equal material to dry the infields. In addition, the Contractor may elect to use hand pumps or any other reasonable method necessary to reopen the fields. 11. Soccer /Football Field Maintenance (if Applicable to Contract Parks) a) All soccer/football fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. if discovered, the Contractor shall backfill any divots and depressions with #20 white silica sand and Lesco "Eagle Blend" perennial rye grass. All debris shall be removed from the fields daily upon discovery. b) Dan Young Soccer Complex Field #4 Synthetic Turf sport turf maintenance and inspection. The field shall be maintained once a month. Maintenance will include "grooming" the field using "grooming" equipment provided by the City. The field shall be inspected every day Monday through Friday. Contractor shall remove debris from the field upon discovery. 12. Sport Court Maintenance If A plicable to Contract Parks) All sport courts shall receive maintenance once per week. This maintenance shall include the collection of debris, the blowing off of courts and the replacement of nets (tennis and basketball) when necessary due to wear, tear, theft etc. The City shall furnish the replacement nets. 13. General Maintenance and Clean-u For All Facilities a) All trash and debris on the ground or in trash receptacles shall be removed from all worksites each day Monday through Sunday before 1:OOPM. b) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance or Prevent plants from being smothered by seasonal leaf drop. c) After heavy windstorms all park areas shall be cleaned of litter, fallen branches, etc., which are in excess of normal amounts. d) The Contractor shall keep sidewalks and paved areas in the medians swept and cleaned of any debris, weeds, dirt or soil at all times. e) Drain inlets shall be cleaned on a regular basis at least once per day to avoid flooding of areas during inclement weather. 14. Other Reauirements a) Replacement of Plant Material The Contractor shall replace, at Contractor's own expense, any turf, ground cover, shrubs, or other plant material requiring replacement through normal attrition or due to infestation or contractor's failure to provide maintenance in accordance with the provisions of this agreement. These requirements are not to be construed as requiring the Contractor to replace plant materials due to conditions beyond the Contractor's control but are to be considered strictly as a normal maintenance condition within accepted industry practice. IT IS THE INTENTION OF THE CITY TO REQUIRE HIGH- LEVEL LANDSCAPE MAINTENANCE. b) New Construction In the event of new construction within a portion of a work site, the Director may delete a portion of or the entire work site from contractual maintenance during the construction period. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and agreed upon between the City and the Contractor in writing. 15. Special Maintenance Considerations a) McFadden Technology Center & Newhope Libraries (1) Parking lots, entrance to buildings and City sidewalks immediately in front of the property and all other hardscape surfaces shall be cleaned free of debris and hosed down with a garden hose and high-pressure nozzle daily. (2) Trash enclosures shall be cleaned and hosed down with a garden hose and high-pressure nozzle one time per week. (3) Vines shall be trimmed at a height to be determined by the Director to prevent graffiti. b) P.E. Bike Trail (1) Contractor shall plant 1-gallon Parthenocissus tricuspidata (Boston Ivy) vines a long wallslfences at 30' on center the entire bike trail between Chestnut and Warner Ave. The Contractor agrees to establish these vines after planting and shall replace any vine that expires during the course of this agreement at no extra cost to the City. (2) Warner Ave. to Occidental — The unimproved land immediately adjacent (east) of the improved bike trail is a part of this agreement. The Contractor shall maintain all plant material and keep unimproved areas free of weeds, trash and debris. c) Alton To Bristol Bike Trail (1) This bike trail has an unimproved portion of property from Flower St. running west along the bike trail. This property shall be maintained free of weeds, trash and debris. d) Regional Transportation Center (1) Annual Color shall be planted four (4) times annually per Attachment 3 in areas designated by the Director. (2) All planting areas shall have cigarette butts removed daily. (3) All exterior trash receptacles shall be cleaned with a germicidal cleanser daily. e) Logan Park {1) Basketball nets shall be replaced immediately by Contractor when tom. Courts shall be hosed down once per week with a garden hose and high-pressure nozzle. 3. EXTRA WORK A. Damage occurring to plant material, or damage or malfunction occurring to irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, caused by any of the following may be considered outside the scope of this Agreement: (1) Acts of God (2) Civic Disorder (3) Vehicle Collision (4) Vandals (5) Excavation or re -surfacing of the street (6) Powerfailures (7) Underground wiring damage Should one of the above causes be shown to have caused the damage Contractor will not be res onsible for replacement. Contractor must demonstrate to the satisfaction of Director that one of the above occurred in order to be excused fromPerforming-under the Agreement. Attachment I -A Routine Maintenance Locations -Additional Details As provided at the "walk-through" and in Addendum Number I to the Invitation for Bid 05-112 dated December 20, 2005, the following additional details apply to the below stated Routine Maintenance Locations: 1. Alton to Bristol Bike Trail. The unimproved area adjacent to the improved bike trail from Flower St. west approx. 100 yards and the unimproved area from the fence line north to the railroad tracks. See also attached photographs 298-299. 2. P.E. Bike Trail. Between Edinger and Occidental, the unimproved area adjacent to the improved bike trail. See also attached photographs 295-297. 3. Santiago Bike Trail. The slope area from the top of the trail to the bottom of the slope where it meets the WPA retaining wall (both sides of bridge). See also attached photograph 293. 4. Santiago Bike Trail. North of the footbridge, the landscaping on the east and west sides of the trail. See also attached photograph 294. MdML w- MI Yj g", g 14N. �� /��\������ ` �\\ z . �..�:�.. .:� � � . �i� w k {' F. ; � �Se , , �� � �� � ei,b 1 .i^ �� � � ,* �:�.. �.: �T r f ti W '.' ... . �d r � `_" (� ��$! � '. y'4..Y✓ � .,' i .��+ s. t 'i Js�,,, �i Y•' .. _�, .fl4aps .,,..Ste � _ y ,� �. 4 m ,�,,�� i 6' i � . Y _... i� x". i1�'" �, ' � ���. �„ t f ��f+iiiE. ° _ S-I 3ulp=g3s22y a S' `A� 16 • oil all �� • y j s uf • ATTACHMENT 2 TREE PRUNING/TRIMMING & STUMP REMOVAL SPECIFICATION TREE TRIMMING CLASSIFICATIONS Class I — Fine Pruning/trimming Fine pruning/trimming shall consist of the removal of dead, dying, diseased, interfering, objectionable, obstructing and weak branches as well as selective thinning to lessen wind resistance. The removal of such described branches is to include those on the main trunk, as well as those inside the leaf area. Class II — Medium Pruning/trimming Medium pruning/trimming shall consist of the removal of dead, dying, diseased, interfering, objectionable weak branches on the main trunks as well as those within the leaf areas. An occasional branch up to one inch in diameter may remain within the main leaf area where it is not practical to remove it. Additions to the standard specifications: All girdling roots visible to the eye are to be reported to a supervisor and/or the owner. Class III -- Coarse Pruning/trimming Coarse pruning/trimming shall consist of the removal of dead, diseased or obviously weak branches, two inches in diameter or greater. Class IV — Cutting Back or Drop Crotch Pruning/trimming Cutting back or drop crotch pruning/trimming shall consist of the reduction of tops, sides, under branches or individual limbs. This practice is to be undertaken in cases of utility line interference or where certain portions of the rots or root systems have been severed or severely damaged, or when it is necessary to reduce the top, sides, or under branches to achieve overall size reduction. GENERAL TREE PRUNING/TRIMMING REQUIREMENT 1. All cuts shall be made sufficiently close to the trunk or parent limb, without cutting into the branch collar or leaving a protruding stub, so that closure can readily start under normal conditions. Clean cuts shall be made at all times. TYPES OF CUTS: Removal of laterals A. Shoulder cuts. The final cut in removing a lateral branch should be immediately beyond the branch bark ridges, preserving the branch collar. Do not make stub cuts (an inch or more beyond the branch collar). Do not make flush cuts (through the branch collar). B. Triple cuts. For any branch too large to be held while being cut, remove by means of the following cuts: Undercut the branch 4 to 10 inches beyond the base (to prevent splitting or peeling). Cut off the branch beyond the undercut where necessary, to prevent property damage. Branches shall be lowered to the ground by ropes and/or proper equipment. Remove the remaining stub via a shoulder cut, as described above. Removal of terminal (tip thinning and drop crotching) C. Thinning, "Lace out" terminal portions of branches by cutting terminals back to laterals. (The basal diameter of the remaining lateral should be 1/3 the diameter of the terminal being removed.) Remove numerous small terminals and laterals rather than take out a few large ones. D. Size reduction. To take out portions of the crown for reducing height, remove terminals back to laterals. Each lateral should be suitably situated to serve as the new terminal, thus establishing the crown at a lower level. The basal diameter of a lateral should be at least 1/3 the basal diameter of the terminal being removed. (Laterals smaller than this cannot function effectively as new terminals, and the effect is then similar to a stub cut.) 2. Branches that pose a threat to the health, safety, and welfare of the general public shall be removed. In addition, branches that disrupt the aesthetic or general integrity of the tree shall be removed. Kinds of branches to be removed: A. Obstructing branches. Clear walks, traffic ways, buildings and other man-made structures. Clear other trees, plants as needed. B. Dead, broken, diseased or weak branches. (Also stubs left by previous pruners). C. Crossing branches. This includes potentially crossing branches, also upright shoots (water sprouts) and vigorous, and interior -directed branches. D. Narrow crotch -angle branches. For most kinds of trees, branches with a crotch angle narrower than 30 degrees should be removed. E. Parallel branches. Branches less than a foot apart, which run parallel for several feet, may eventually damage each other. The less desirable one should be removed. F. Wind -breakage risks. Crowns that are too high and/or too dense should be thinned, and sometimes lowered to suitable laterals. Reducing wind resistance by thinning out many small branches is safer and better for the tree than taking out several large branches. G. Branches, which disrupt tree form. Excessively vigorous branches, or those which run against the general branching pattern, should be trimmed for better balance and shape. (This does not mean the tree must be made perfectly symmetrical: asymmetry as such can be both attractive and safe.) 3. On trees known to be diseased, tools are to be disinfected with methyl alcohol at 70% (denatured wood alcohol diluted appropriately with water) or Clorox solution after each cut and between trees where there is known to be a danger of transmitting the disease on tools. 4. Old injuries are to be inspected. Those not closing properly and where the callus growth is not already completely established should be traced where appropriate if desired, for cosmetic purposes, the wound may be treated with a thin coat of wound dressing. 5. All girdling roots visible to the eye are to be reported to a City supervisor. 6. The presence of any structural weakness, disease conditions, decayed trunk or branches, split crotches or branches, should be reported in writing to a City supervisor and corrective measures recommended. When pruning/trimming back trees, the contractor shall make all trees shapely and typical of their species. (Under no circumstances shall central leader trees have their central leader removed without written consent from the Superintendent of Parks or his approved representative.) TREE AND STUMP REMOVAL STANDARDS Trees identified for removal are to be cut back and lowered to the ground in sections. Sections shall be no larger than can be safely controlled. Extreme care must be taken to prevent unsafe working or other hazardous conditions to individuals, landscape, structures, or obstacles. 2. Trees shall not be stump cut and felled. 3. Tree stumps not designated for removal shall be cut flush with the ground. 4. Tree stumps to be removed shall be completely ground to a minimum of twelve inches (12") below soil surface. All surface roots within this zone shall also be removed by grinding. 5. All excavation as a result of this process shall be backfilled exactly level with surrounding soil, completed and fine graded. 6. Excess debris, trimmings, branches and wood shall be removed from the work site and shall follow as closely as possible to the removal operation. 7. All areas shall be left clean and free of debris at the close of each day's operation. Work shall not start before 8:00 a.m. or continue past 6:00 p.m. No work is to be scheduled on weekends or national holidays. 8. All debris shall be properly disposed of off site and at the contractor's expense. TERMINOLOGY BRANCH COLLAR Wood tissue ridges that form around the base of a branch between the main stem and the branch usually as a branch begins to die and the branch collar begins to increase in size. CALLUS New growth made by the cambium layer around all of a wound. CAMBIUM LAYER Growing point between the bark and sapwood. CLOSURE Refers to the roll of the callus growth around the wound area. THE CUT The exposed wood area that remains after the branch has been removed. CUT BACK/PHONE BACK Specified reduction of the overall size of the tree or individual branches, but may include the overall reduction of the sides as well as the top of the tree. DORMANT A condition of non -active growth Deciduous trees is considered to be dormant from the time the leaves fall until new foliage begins to appear. GIRDLING ROOTS Located above or below ground level, whose circular growth around the base of the trunk or over the individual roots applies pressure to the bard area, thereby choking or restricting the flow of sap. LIFTING The removal of lower branches for under clearance. PARENT STEM The main trunk system of the tree. PRECUT OR PRECUTTING The removal of the branch at least beyond the finished cut to prevent it from splitting into the parent stem or branch. PRUNING/TRIMMING The removal of dead, dying, diseased live interfering, objectionable and weak branches in a scientific manner. SAP FLOW The definite course assumed by sap in its movement through a tree. SCARS OR INJURIES Natural or man-made lesions of the bark in which wood is exposed. SUCKERS Abnormal growth of small branches usually not following the general pattern of the tree. THINNING OUT The removal of live branches to reduce wind resistance and to create more space. TOPPING Means the same as cut back. TRACING Careful cutting of the bark along the lines of sap flow to encourage closure and to be the outline of the wound area. TRIMMING The same as pruning/trimming. ATTACHMENT 3 ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION Annual Color Planting and Care Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a dept of 8" of the topsoil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8° depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1,1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4' pots and will be planted in an 8° triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants: • Spring/Summer — April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias, Marigolds Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Renunculus Vandalism Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replanUreplace missingidamaged plants within 48 hours. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. ATTACHMENT 4 FULLERTON COLLEGE HORTICULTURE DEPARTMENT CERTIFICATE OF PROFICIENCY INLANDSCAPE IRRIGATION The Landscape Irrigation Certificate requires not less than 30 units. This includes 18 units of required courses, at feast 6 units of Restricted Electives A and at least 6 units from either Restricted Electives A or Restricted Electives B. REQUIRED COURSES Course # Course Name UnI 153 Landscape Irrigation 3 154 Irrigation Design 3 155 Soils 3 157 Irrigation Principles 3 162 Landscaping for dry Climates 3 218 Landscape Hydraufics 3 RESTRICTED ELECTIVES A Course # Course Name Units A100 Architectural Drafting 3 C06 Intro to Residential Electrical & Plumbing Systems 2 CG101 / Or 100 Computer Graphics 3 177 Turf grass Management 3 200 Landscape Design 3 219 CAD Application in Horliculture 3 RESTRICTED ELECTIVES B Course # Course Name Units 165 Landscape Management 4 168 Landscape Construction 3 169L Landscape Construction Lab 1 170 Landscape Contracting 3 201 Advanced Landscape Design 3 AC0IR 6r CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDfYYYY) 7 /112010 PRODUCER Bolton & Company 245 S, Los Robles Ave., Suite 105 Pasadena, CA 911Q2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # 0008309 (626) 799-7000 www.belionco.com 626-583-2125 INSURED Merchants Landscape Services, Inc. 1190 Monterey Pass Road Monterey Park CA 91754 INSURER A G 1 INSURERB:Liber(V Mutual Fire Insurance Qgmpa INSURERC: Midwest Employers Casualty Company INSURER D:Federal Insurance Company INSURER E: .OVERAGES 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 114SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICY NUMBER CBP8699930 POUCV EFFECTfVE 7/1/2010 POLICY EXPIRATION LIMITS A ✓ GENERAL LIABIUTY 711/20i1 EACH OCCURRENCE — S 1,000.000 ✓ COMMERCIAL GENERAL LIASILTTY PREMISETO-PENT S 500,000 MED EXP(MYons person) S 10.000 CLAIMS MADE 0 OCCUR PERSONAL&AOV INJURY 3 1 000 000 GENERAL AGGREGATE $ 2,000,000 OENLAGGREGATE UMITAPPLIESPM PRODUCTS-COMP/OP AGO 3 2000000 POLICY P 0T F./I LOC A AUTOMOBILE LIABILITY BA8690031 711/2010 7/1/2011 COMBINED SINGLE LIAUT S ANY AUTO (Ee soddenl) 1,000,000 ALL OWNED AUTOS SCHEDULEDAUTOS AP!C�OV�ED TO FOR (PP.�URY (Per ) 3 HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Pareoddent) $ JPSVH W FLE ER PROPERTYOAI.WOE $ (Perecddenq GARAGELIABILITY AUTO ONLY -EA ACCIDENT S ANY AUTO OEAACC THERTHAN $ S AUTOONLY: AGO B EXCESS I UMBRELLA LIABILITY TH2661065881010 7/1/2010 7/1/2011 EACHOCCURRENCE s 6,000,000 AGGREGATE 3 6,000,000 ✓ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $10 000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY EWC008280 Excess WC CA t ) 3/1/2010 3/1/2011 TH- ✓ WC$TATU• OJER S YIN ANY PROPRIETOR(PARTNERIEXECUTNE a OFFICERJUEIA8ER EXCLUDED? E.L. EACH ACCIDENT 3 (Mandatory A102CA16 NH)—d If yes, describe under E.L. DISEASE - EA EMPLOYE S 3,00010 E.L. DISEASE -POLICY LIMIT S 1,000 00 SPECIAL PROVISIONS below OTHER 0 Employee Theft/ 81585028 6/1/2010 6/1/2011 Limit: $1 MILIDed. $25,000 Forgery DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Workers Comp Is Self -Insured under California Certificate of Consent to Self insure #03-1-1793-01 for CA operations. Blanket GL Additional Insured per CG2037 07104 & CG2010 07104 attached, only If required by written contacl. GL Primary Wording applies per 22-111 01107 attached. Job: #3011. City Santa of Ana Parka, Additional lnsured(s): City of Santa Ana, its officers, agents, employees, representatives, and volunteers. MLS CA, 93011 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BECANCELLED B£FORETHE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3Q • DAYS WRITTEN Attn: Clerk of the City Council NOTICE TO 114E CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 30 SHALL 20 Civic Center Plaza IMPOSE NOOBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Santa Ana, CA 92701 REPRESENTATIVES- ' 1e Days for Non.Psyment at Premium. AUTHORIZED REPRESENTATIVE �. Cheryl Fels pn C - " ` , 1I O 1988.2009 ACORD CORPORATION, All rights reserved, CERr NO., 7730390 CI.L&rr CODE, 44BROI-1 Bolton Certi CitaLe PraCeeeing 7/1/2010 3:1e_55 AN Page 1 of 5 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain policies may require an endorsement. A statement on this certiflcate does not confer rights to the certificate holder in lleu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the pokles listed thereon. ACnRn 9r. mnnown CRAT NO., 7739390 CLIENT CODE! BERCN-1 Bolton Caetl[lcate Proceselhg 7/1/7010 1,14,Ss AN Page 2 of S POLICY NLIMBER-CBP8699930 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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 Or anlzatlon s : Locations Of Covered Operations City of Santa Ana LS CA, #3011 AP P 0 W. FLETCHER CITY ATTORNEY 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury`, "property damage" or "personal and advertising injury" caused, in whole or in part, by; 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional Insured(s) at the location(s) desig- nated above. B. With respect to the Insurance afforded to these additional Insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, Including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to Its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a princlpai as a part of the same project. All Cont.: its officers, agents, employees, representatives, and volunteers, as required by written contract. CG 20 10 07 04 © ISO Properties, Inc„ 2004 Page 1 of 1 p CERT NO.: 7738290 CUR.Yr CODE: MSRoi.A Holton Cartificata Procaraing 7/1/2010 3:14;S5 AM page 3 of 5 POLICY NUMBER:CBP8699930 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization s : Location And Description Of Completed Operations City of Santa Ana MLS CA, #3011 information required to complete this Schedule if not shown above, will be shown in the Declarations. Section II — Who Is An Insured Is amended to include as an additional Insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily Injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described In the sched- ule of this endorsement performed for that additional Insured and Included In the "products -completed operations hazard". A/I Cont.: Its otfcers, agents, employees, representatives, and volunteers, as required by written conlracl. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ CC" NO., 1738390 CLIENT COOL, 14OPCN-1 Holton Certificate Processing -1/1/3010 3:14:SS AM Page 4 of 5 CBP8699930 Merchants Landscape Services, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL_ LIABILITY COVERAGE PART A. The following is added to provision a. Primary Insurance of paragraph 4.Other Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: However, when an additional insured has been added to this Coverage Part by attachment of an endorsement, we will not seek contribution from the `additional Insured's own insurance" provided that: (1) You and the additional insured have agreed in a written contract that this insurance is primary and non- contributory; and (2) The "bodily Injury" or "property damage" occurs, or the "personal and advertising Injury' Is committed, subsequent to the execution of such contract. B. For the purposes of this endorsement the following is added to SECTION V —,D FINITIONS: "Additional insured's own insurance" means other Insurance for which the additional insured Is designated as a Named Insured. Includes copyrighted material of Insurance Services office, Inc., with its permission. 22-111 (01/07) Page 1 of 1 CRR7 NO.: 7736390 CLIWr COM 149RCW-1 201t0h C"tlfleate Proouaing 7/1/2010 3111eSS An Paga S of 5 ACORE® CERTIFICATE OF LIABILITY INSURANCE412519012 `....�'" DATE(MM/DD/YYYY) 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 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 Bolton & Company 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 www.boltonco.com 0008309 CONTACT NAME: PHONE No 7 FAX Arc No: 1 25 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURERA: Golden EagleInsurance Corporation INSURED Merchants Landscape Services, Inc. 1190 Monterey Pass Road Monterey Park CA 91754 4 ..- QC' i ,? I 1 (�,/ INSURER B : St. Paul Firein Insurance Company INSURERC: Safety National Casualty Corporation INSURERD: Federal Insurance Company INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 12930851 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY ,/ CBP8699930 7/1/2011 7/1/2012 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES PREMISES Ea occurrence $ MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY JFQT PRO l/ LOC $ A AUTOMOBILE LIABILITY BA8690031 7/1/2011 7/1/2012 Ea a..,den,SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $er ANY AUTO ALL OWNED SCHEDULED AUTOS e AUTOS NON -OWNED HIRED AUTOS AUTOS `�.�$� �J r,, < .- .. '. 1 •" ( 1 f.ti..0'1. accident) BODILY INJURY (Per $ PROPERTY DAMAGE Per accident $ $ r B UMBRELLA LIAR / OCCUR QK04501208 7/1/2011 7/1/2012 EACH OCCURRENCE $ 6,000,000 AGGREGATE $ 6,000,000 EXCESS LIAB CLAIMS MADE DED RETENTION$0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N 1 A SP4046075 Excess WC (CA) 4/24/2012 4/24/2011 TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below D A Employee Theft / Forgery Business Personal Property Business Income/Extra Ex n EDP 81585028 CBP8699930 6/1/2011 7/1/2011 6/1/2012 7/1/2012 Limit: $1 MIL/Ded. $25,000 Limit: $5,000/Ded. $1,000 BUEE 1 � EDP $5.000/Ded. $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Workers Comp is Self -Insured under California Certificate of Consent to Self Insure #03-1-1793-01 for CA operations. Blanket GL Additional Insured per attached, only if required by written contact. GL Primary Wording applies per 22-111 01/07 attached. Job: #3011, City of Santa Ana Parks. Additional Insured(s): City of Santa Ana, its officers, agents, employees, representatives, and volunteers. CERTIFICATE HOLDER CANCELLATION MLS CA, #3011 City of Santa Ana Attn: Clerk of the City Council SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE Cheryl Feia ©1988-2010 ACORD CORPORATION. All rights reservetl. ACORD 25 (2010/06) The ACORD name and logo are registered marks of ACORD 17 1f q1 —TRMT (V Pi MF.DrU-t Fl ivah.th Fncr.r - nir.nf F79- 1 -1G11 d/­/­11-S1.1G L Dan. 1 of 4 POLICY NUMBER: CBP8699930 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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 Organ izations : Locations Of Covered Operations City of Santa Ana MLS CA, #3011 Information required to complete this Schedule, if not shown above will be shown in the Declarations. I A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. A/1 Cont.: its officers, agents, employees, representatives, and volunteers, as required by written contract. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ (`F.DT M(1 l�A�f1ASl IT.TF.MT lY1T MVA _1 Clillh. h 711- - nil- 4­_A1 141l Ali l/ ni? 11.51.14 DM Dan. J nF d Merchants Landscape Services, Inc. POLICY NUMBER: CBP8699930 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Location And Description Of Completed Operations City of Santa Ana Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 1— — l�AiflASl (`i.TFT]T (YlilC. MFA( 1 Fli�,>hcth Fn ., - ili—, 11-- DM Oanc i of d Page 1 of 1 ❑ CBP8699930 Merchants Landscape Services, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to provision a. Primary Insurance of paragraph 4. Other Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: However, when an additional insured has been added to this Coverage Part by attachment of an endorsement, we will not seek contribution from the "additional insured's own insurance" provided that: (1) You and the additional insured have agreed in a written contract that this insurance is primary and non- contributory; and (2) The "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the execution of such contract. B. For the purposes of this endorsement the following is added to SECTION V — DEFINITIONS: "Additional insured's own insurance" means other insurance for which the additional insured is designated as a Named Insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 22-111 (01/07) Page 1 of 1 I.P, Ml - IT.TF.TiT I—P..- MFA _l FlioahcYh Fn ' _ Pi-11 LM 4 of d