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Home My WebLink AboutDMS FACILITY SERVICES, LLC 2 - 2011City of Santa A. j Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with No. A -ac, 11` Hy was completed on (List all amendments. Use space below if needed.) P�---5L0l A- 1C11y� A-- 3� & I., SANTA ANA OF COUNCIL 1 and final payment has been made. Department: Phone/Exf.:a Signature: �111Ci t.t�l� Date: Revised 08-23-10 3-O l - LC?1 L co INSUhAWV r3K VILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES & 3---0 t - 2D( Z CLERK OF COUNCIL DATE: 7 _? 1- I LANDSCAPE MAINTENANCE AGREEMENT A-2011-148 THIS AGREEMENT, made and entered into this 6 h day of June, 2011 by DMS Facility Services, LLC, a California limited liability company (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the provision of park landscape maintenance services comparable with "high-level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. 1 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 consulting 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 landscape maintenance services for Santa Ana Parks, District 2, as set forth in City's Request for Proposal 11-004 (RFP), dated March 10, 2011, and the maps included therein. Said RFP is on file at the Parks, Recreation and Community Services administrative offices, and incorporated to this Agreement by reference. Contractor shall specifically comply with the Specification for Routine Maintenance, as amended by Addendum 1 and Addendum 2, attached respectively hereto as Exhibits A, A-1 and A-2, and Contractor's Proposal dated April 12 2011, attached hereto as Exhibit B. 2. CITY INSPECTION The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency, or his designee, shall regularly inspect the parks, playgrounds, fields and other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the agreed manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated costs of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per day, per Park not meeting the Specifications during any such inspection. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's fee schedule, attached hereto as Exhibit C, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $350,820.00, plus a ten percent (10%) contingency for unanticipated work required, for a total not to exceed amount of $385,902.00, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed during the prior month, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on July 1, 2011 and terminate on June 30, 2012 unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for up to four additional one-year terms on the mutual agreement of the parties. 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. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Contractor agrees to 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services provided by Contractor under 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. 8. 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. 9. 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. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 facsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 571-4211 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-6515 To Contractor: DMS Facility Services 2320 South Pullman Street Santa Ana, California 92705 facsimile (949) 260-1737 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 telefacsimile, 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. 11. 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 Exhibits or Attachments hereto, the terms of this Agreement shall prevail, followed by the provisions of Exhibit A. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. 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. 13. TERMINATION AND DAMAGES This Agreement may be terminated by either party upon ninety (90) 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. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement and the Specifications set forth in Exhibit A. b. Material Breach: If the Executive Director determines the Contractor has failed in the performance of its duties and/or schedule as provided, the Executive Director may consider the Contractor in material breach. City may exercise all remedies in law or equity including but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or another contractor at Contractor's expense, as determined by the Executive Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. In the event of a material breach, which remains uncured after five (5) days notice to Contractor, City may terminate this Agreement upon thirty (30) days written notice of termination. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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. 16. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 40, MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA ?L'?-- PAUL M. WALTERS Interim City Manager APPROVED AS TO FORM- JOSEPH STRAKA Interim City Attor y By: Laura Sheerly Assistant City Attorney DMS FACILITY SERVICES FRED G ES Vice Preside 'f Tax ID# ?7U EXHIBIT A SPECIFICATION FOR ROUTINE MAINTENANCE 1. GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. City - Director's Authority The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency (hereinafter "Director") is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, said authority remains solely in the Director. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the Director determines that no extra costs are involved. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub-standard, the Director may recommend that all or a portion of payment be withheld. Payment to be withheld shall be deducted from the next monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized representative, shall decide all questions which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 2. Contractor a) Local Office The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 5:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. b) Submittals Prior to contract commencement, and by the first of every month thereafter, Contractor shall submit to the Director for approval: 1) a detailed annual, monthly and weekly work schedule consistent with task frequencies in Exhibit A; 2) time sheets of employees assigned to the contract areas; 3) names and titles of all persons working on the project and their qualifications; and 4) 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 changes occur. The Director shall be immediately notified of any changes to the above information. c) Uniforms and Vehicle Identification The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, vests 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 operable and working condition, clean appearance without visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name clearly identified on the right and left side doors. B. SAFETY REQUIREMENTS All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. In the event unsafe work is observed by City staff or otherwise reported, the Director may at his discretion order Contractor to stop performing and pay all costs and or damages resulting from the delay. C. SAFETY NOTIFICATION If Contractor identifies a potential safety issue, 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 first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. D. UNDERGROUND ALERT SYSTEMS Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48-hours in advance prior to any excavation work. E. PROPERTY DAMAGE Any damage to private 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 private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or property owner. 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. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre- approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 6). 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. 1. MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) employees daily work schedule by location and crew/task(s); 2) pesticide use report that was forwarded to the Agricultural Commissioner's Office; 3) irrigation report; and, 4) "green waste" recycling report. J. WATER COST City will pay for water used by Contractor pursuant to this agreement up to a specified amount 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. II. GROUNDS/LANDSCAPE MAINTENANCE SPECIFICATIONS A. DEFINITIONS 1. "Director" shall mean the Executive Director of Parks, Recreation and Community Services or designated representative. 2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 3. "Weed" shall mean any undesirable or misplaced plant. B. SCOPE OF WORK It is the intent of this agreement to continually improve the quality of the facilities. The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform high quality grounds/landscape maintenance pursuant to the terms defined herein. The Contractor shall provide all grounds/landscape maintenance at work sites listed herein, including, but not limited to pruning/trimming, shaping and training of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling plant diseases and pests; mowing turf, edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; ball diamond maintenance; picnic area maintenance; tot-lot maintenance; and, other services required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in a healthy and beautiful condition using the best industry/ horticultural accepted standards for growth, color, and appearance as determined by the Director. Contractor understands that it is assuming maintenance responsibility of the parks/locations "as is" and is responsible for improving all aspects of the parks, irrigation system, hardscape, turf, ground cover, plants and all other areas to the quality described in these specifications. C. EXTRA WORK It is the City's intent to keep parks and other public recreational sites in a beautiful and exceptionally well maintained condition. This specification is designed to continuously improve parks and public recreational sites. It is with this intent in mind that the Director may consider authorizing extra work. Extra work will not be initiated without written authorization. In emergency situations, a not to exceed price may be submitted by Contractor via e-mail for review/approval by City. The Director may request that the Contractor submit proposals for extra work in order to improve the grounds- landscape in the contract sites. The Contractor shall submit proposals using the City's Proposal for Extra Work Spreadsheet (see Exhibit E). The Contractor shall complete the spreadsheet in its entirety using his/her proposed extra work pricing (that is a part of this agreement) in order for the proposal to be considered. City reserves the right to request materials/equipment receipts with invoices. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. D. OUTSIDE OF SCOPE Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: (1) Acts of God (2) Civil Disorder (3) Vehicle Collision (excluding Contractor and its employees and subs) (4) Excavation or re-surfacing of the street (5) Power failures (6) Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. 1. Schedulin¢ of Work - Routine Maintenance a) The Contractor shall provide landscape maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's consent. Landscape maintenance that generates excess noise cannot begin before 8:00 a.m. b) The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. Schedules listing the name and size of specific crews performing daily, weekly, monthly, annual and periodic maintenance shall be submitted to the Director each month. A copy of these schedules shall be provided to the Director prior the performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. Each person/crew will be identified and list the number of employees by job classification. Once the initial schedule of "routine work" is completed the Contractor shall notify the Director in writing before any changes are made. 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 prior to performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. Contractor may be required to use schedule template provided by City. Once the initial schedule is completed the Contractor shall notify the Director in writing before any changes are made. 2. Work Force a) Contractor's supervisory personnel (Supervisors) shall have a combination of five years experience or education in Ornamental Horticulture, Landscape Architecture, Irrigation Technology or related science. Supervisors shall also possess landscape/grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and/or practices. Supervisors shall accompany the Director on weekly inspection tours of the contract sites. During the tour the Supervisor shall indicate the work completed the previous week, any changes that were made or are being contemplated and the work scheduled for the upcoming week and month. b) The Contractor shall provide a Certified Irrigation Specialists in each district who possess, at minimum, a Certificate in "Ornamental Horticulture Certificate of Proficiency Specialization in Landscape Irrigation" or hold a current California Landscape Contractors Association "Certified Landscape Technician" certificate to manage each site's irrigation systems controller programming, performance and maintenance including, but not limited to, performing all irrigation checks/report writing and to perform repairs and/or modifications to the irrigation system. Proposals will be evaluated on the qualifications of this individual and the amount of FTE's assigned to each district. c) Director may require Contractor to remove any employee from work sites at his or her discretion. 3. Materials a) The Contractor shall submit to the Director a list of all materials and/or chemicals that may be used pursuant to 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 this Agreement. b) The materials and chemicals utilized in furtherance of this Agreement 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) Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. (3) Tree stakes, tree ties and guy wires shall be of materials matching those existing at the work site or as specified by the Director. 4. Trash Disposal and 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. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. As an alternative, the City 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 its own trash service. E. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit F. Turf Care Turf care shall be differentiated by the two types of turf - "Casual Turf' and "Sport/Priority Turf (see site maps in Attachment 5 that identify the areas for each type of turf). The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades (caused by unsharpened mower blades). Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. The emphasis will be on quality mowing vs. speed and unprofessional patterns. From time to time the Director will direct the Contractor to change mowing pattern to minimize rutting and compaction. a) Casual Turf Mowine All "casual" turf (non-sport/priority turf) shall be mowed: 1) weekly May 1 through October 31 and, 2) every other week November 1 through April 30. The Contractor shall use a tractor powered reverse flail mower for the larger open turf areas, a 52" mower and a small walk behind mower for areas between trees and other park amenities. The Director shall determine height of cut. String trimmers are not allowed for mowing turf. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. b) Priority Turf Mowine All "sport/priority" turf as described in Attachment No. 5 shall be mowed once a week all year. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. The Contractor shall mow the sport/priority turf areas at 3/d' to 1" using a power driven fairway reel mower and a walk behind reel mower along skinned infield brickdust areas, turf infields, turf infield foul areas, soccer/football fields, soccer/football out of bound areas. The Director's Representative shall direct the Contractor to mow the sport/priority turf lower than 3/a" to I" if necessary. Note that the ball diamond infield maintenance sub-contractor shall be responsible for mowing turf infields and other designated ball diamond turf areas. (see Attachment 1). 2. Edging and Detailing All edging shall be performed with the use of a McClain's edger or approved substitute. Stick edgers are not allowed. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas. 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. a) The Contractor shall use the McClain's edger to edge straight lines along fences, walls, or long flowing arcs. The Director's Representative may require the Contractor to use string lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method. b) The Contractor shall detail around trees, along walls/fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director shall direct the Contractor to repeat the detail process. c) The Contractor shall detail turf not greater than 10" away from walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply top soil and an approved turf seed to reduce any existing bare soil areas along walls/fences that are greater than 10". d) Fertilization (1) Casual Turf- Contractor shall apply fertilizer twice per year (first week of January and July) per the City's agronomic plan (see Attachment 4). (2) Sport/Priority Turf - Contractor shall apply fertilizer four times per year (first week of January, April, October and with annual renovation) per the City's Agronomic Plan" (see Attachment 4). If no summer renovation occurs, the application shall be applied as determined by the Director. e) Irrigation-all turf (1) Contractor shall ensure irrigation schedules are continually monitored to provide adequate moisture in the soil for healthy turf, and avoid excess wet conditions. (2) Contractor shall not schedule irrigation of sports fields at least 24 hours prior to the mowing process. During cooler periods of the year avoid irrigating 48 hours prior to the mow procedures to ensure a quality cut of the turf. (3) Under normal conditions the contractor shall not schedule irrigation on Friday and Saturday nights to avoid wet conditions during weekend usage. Prior approval will be required to irrigate during weekends to coordinate with reservations. (4) Turf areas shall be watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas show a lack of green color or a loss of resilience due to lack of water. If Contractor estimates additional water above and beyond the monthly Estimated Applied Water (EAW) may be needed, he/she shall request approval from Park Services prior to exceeding the monthly irrigation budget as detailed in the Monthly Water Conservation Report Estimated Applied Water (EAW) requirements. Failure to get approval from Park Services prior to exceeding the monthly irrigation budget will result in the Contractor paying for the excess water. (5) When an irrigation system does not adequately provide water to the turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate turf areas. Contractor may also submit AEW s with engineered drawings to improve these areas of the system. (6) 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 EAW. In the event that Contractor's water consumption exceeds the EAW City may deduct said overages from the Contractor's monthly invoice. (7) Contractor shall ensure that all staff working on irrigation possess one of the following certifications: a. California Landscape Contractor's Certified Landscape Technician Program b. Fullerton College Certificate of Proficiency in Landscape Irrigation c. UC Riverside Certificate in Landscape Irrigation (8) From time to time City staff will advise Contractor of special events occurring in contract areas and Contractor will be required to adjust irrigation scheduling to avoid negatively impacting the event. Should the Contractor fail to properly adjust irrigation or otherwise prepare the area for the special event, a failure to perform in the amount of $916 will be assessed for liquidated damages. f) Weed Control-all turf The Contractor shall keep all turf, casual and sport/priority turf, free of all turf type weeds, especially Dallis Grass, Goose Grass, Poa Annua, Neddle Grass and broadleaf weeds at all times. The Contractor shall, along with the monthly Pesticide Use report, submit a written schedule for weed abatement in turf specifying the method, day and location where weed abatement will be performed. The Director's Representative will review and approve written schedule taking into consideration the park's use. (1) Contractor shall apply approved pre-emergent herbicides to all turf areas in order to control the germination of noxious weeds i.e. 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. g) Reolantin -alg l turf (1) Should turf begin to stress for any reason, Contractor shall begin applying supplemental water and shall overseed these turf areas using Stovers Seed Company Bermuda Dunes (spring/summer) or Stover Seed Grand Slam perennial rye (fall/winter) seed at the manufacturer's recommended rate and process. (2) Should turf die back to the point where soil is visible, Contractor shall sod these turf areas using Greg Norman 1 hybrid Bermuda. (3) The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City, repair thin or bare turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established. (4) Contractor also understands and accepts that Santa Ana is a very heavily used park system, including increased foot traffic, athletic play, and other uses. h) Aeration The Contractor shall aerate all turf areas, casual and sport/priority turf four (4) times per year third week in March, June, September, and December. An aerator that will remove soil plugs and deposit the cores on the surface of the turf shall perform aeration. Cores shall be pulled to a depth of 6". The Director, in his sole discretion, may also approve solid tine aeration upon inspection of the proposed equipment to be used. i) Sport/Priority Turf (1) Renovation: Once (1) per year during the spring/surruner or the fall/winter (as determined by the Director) the Contractor shall renovate sport/priority turf using: (a) spring/summer - Stovers Seed Company Bermuda Dunes seed at six (6) pounds per 1,000 square feet in bare areas and four pounds per 1,000 square feet where turf exists, (b) fall/winter- Stover Seed Company Grand Slam seed at eight pounds per 1,000 square feet This shall be accomplished by mowing the existing turf down to ''/a" followed by verticutting (straight blades) to remove thatch. Prior to seeding, the contractor shall eradicate all weeds and have the irrigation system functioning properly and have a plan to provide supplemental irrigation as necessary to germinate the seed to 100%. The field shall be top dressed prior to seeding to provide a 100% flat playing surface. The Contractor shall guarantee 100% uniform germination within 10 weeks from the time the first application of seed or will sod any thin or bare areas with Pacific Sod Greg Norman 1 Hybrid Bermuda sod or Pacific Sod Greg Norman 1 Hybrid Bermuda Sod that has been "cropped over" with perennial rye grass. Renovation must be completed within three months of field closure. Director shall determine sod based on availability/season. (2) Overseeding: Once per month the Contractor shall overseed sport fields at a rate of one (1) pound per 1,000 square feet by mowing the existing turf down to 3/4" followed by verticutting (straight blades) to remove thatch. This overseeding occurs on all priority sport turf regardless of whether or not a renovation was completed. 2. Ground Cover Care a) Edging and Detailing (1) Ground cover beds shall be maintained within their intended bounds and edged and/or detailed the first week 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) Mulching of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply AG Organics, Inc. AG203 Nutri Mulch 2"- 3" minus or approved equal, '/2" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. c) Fertilization The Contractor shall fertilize all groundcover areas once per year (first week in April) per the City's agronomic plan (Attachment 4). d) Replanting The Contractor shall be responsible for the complete removal and replacement of ground cover lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism, however, Contractor must prove that it was vandalism that killed the plant. The plants shall be planted at appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. Any plants planted by City/others must be maintained by Contractor. Contractor must notify City within 30 days if plants planted by City/others begin to decline. 3. Shrub Care a) Prunin trimming All shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning/trimming shall be done by hand shears or loppers 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. Topping of plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size, subject to approval by the Director. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. b) Replanting The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. The plans shall be planted at appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. Any plants planted by City/others must be maintained by contractor. Contractor must notify City within 30 days if plants planted by City/others begin to decline. C) Mulching of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply AG Organics, Inc. AG203 Nutri Mulch 2"-3" or approved equal, '/2" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. d) Fertilization The Contractor shall fertilize all shrub areas once per year (first week in April) per the City's agronomic plan (Attachment 4). 4. Tree Care a) Height/Quality of Pruning In the first week of August of each year the Contractor shall routinely Class 1 prune 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 shapes 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 (see Attachment 3). In addition, the Director may require the Contractor to remove or prevent encroachment of trees into the public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning/trimming, training, and shaping to develop caliper and a strong structural framework may have low branching laterals and or appropriate sucker growth. Contractor shall remove hangers under 15 feet and fallen limbs 80 lbs. or less. b) Staking. Tying and Guvine 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) Mulching of Bare Areas In designated tree ring areas where bare soil is visible the Contractor shall apply AG Organics, Inc. AG203 Nutri Mulch 2"-3"or approved equal 'h" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. d) Hazardous Tree Reporting In the event the Contractor detects any tree displaying roots heaving or girdling (either by roots or a foreign material), leaning, broken or hanging limbs, or if Contractor determines that potential safety hazard may exist Contractor shall notify the Director by phone within twenty-four (24) hours. e) Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning/trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. All trees that exhibit the signs of disease or pests, or any other signs of distress shall be inspected by a Certified Arborist approved by the Director. Contractor shall provide an exact location and separate evaluation/report for each tree in decline. Contractor shall treat any tree in decline at no additional cost to City. Should the 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 could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. 5. Vine Plantinia, Establishment and Maintenance a) Planting Contractor shall continuously plant throughout the year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including but not limited to lack of water, vandalism, accidental post emergent spraying, etc. Planting of vines shall not exceed 200 per year per district. b) Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director. The Contractor shall keep vines off telephone poles or other non wall surfaces at all times 6. Weeds. Disease and Pest Control a) Weed Control All 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 to remove weeds that reach two (2) inches or greater and are not removed immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. b) Disease and Pest Control (1) The Contractor shall inspect on a daily continuous basis all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of disease, insect, rodent infestation or any other pests. If any pests, such as but not limited to, disease, insect, algae, birds, animals, such as rabbits, squirrels, or rodent infestation (rodents including rats, gophers, moles, voles, etc.) is discovered, it shall immediately be controlled by the Contractor at his/her expense using the safest and most expedient method. (2) The Contractor is responsible for inspecting all plant material on a continuous basis and, as necessary, treating plant material to maintain optimum health of the plants. If any plant material (turf, groundcover, shrubs, trees) dies without the Contractor diagnosing the plant and implementing efforts to restore the plant to a healthy and attractive appearance, the City will assume the Contractor caused the plant death. Contractor will be required to replace the plant with like species and size at no extra cost to the City. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. In the case where turf is lost due to pest damage, the Contractors shall replace the area of turf lost with Pacific Sod Greg Norman 1 Hybrid Bermuda (during spring/summer) and Pacific Sod Greg Norman 1 Hybrid Bermuda that has been cropped over with Perennial Rye grass (during fall/winter). 7. Irrigation System Maintenance a) General Responsibilities (1) Contractor's Certified Irrigation Specialist shall use automatic or mechanical irrigation systems to irrigate all landscape areas detailed in this Agreement. In the event the existing irrigation system fails to provide full and proper coverage, the Contractor shall provide altercate 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 plant establishment period. b) Operation of Automatic Irrigation Controllers Where the operation of automatic irrigation controllers is required, the Contractor shall: (1) Not duplicate any coded City key furnished by the Parks, Recreation and Community Services Agency for access and operation of the controller. (2) Surrender all keys furnished by the Parks, Recreation and Community Services Agency at the end of the contract period or at any time deemed necessary by the Director to prevent serious loss to the City of Santa Ana. (3) Protect the security of City property by keeping controller cabinet 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 Director. (5) Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. unless alternative hours are approved by City. c) Water Conservation (1) The Contractors Certified Irrigation Specialist shall meet once a month with Park Services to review the City's Monthly Water Conservation Report to discuss water conservation strategies. These discussions may include, but not be limited to, the Contractor turning 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 EAW. (2) When Park Services determines that plant material (turf, groundcover, shrubs, and trees) must be irrigated, all controllers shall be activated within twenty-four (24) hours. d) Inspection and Reporting (1) The Contractor shall physically inspect the operation of all irrigation systems once a month and prepare a written report specifying park name, controller location/name, start times, run times, program name, station number, and repairs needed. The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City specifications and details. Repairs to irrigation heads shall be with matching precipitation nozzles. Contractor shall ensure that excessive over spray/runoff into street right-of-ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or malfunctioning due to attrition, vandalism, etc. (2) Contractor shall perform a visual inspection of all irrigated areas once per week. All areas receiving marginal coverage shall receive supplemental irrigation by being irrigated by a portable irrigation method. The contractor shall furnish all portable hoses, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. 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. 8. Hardscape Maintenance a) All paved areas, including but not limited to paved parking lots, curb gutters, pool decks, stamped or other enriched hard surface areas, shall be thoroughly cleaned once every other 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 planters, streets or property. All debris must be picked up by the Contractor and removed from the site. Debris and litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches, trash, sand gravel, and worn asphalt. The City shall 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 continuously maintained in a safe and clean condition. c) Pavement cleaning - Contractor shall perform pressure washing quarterly (second week of January, April, July and October) to remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces including sport courts, sidewalks, picnic pads, paved areas around buildings, pedestrian crosswalks in streets that are concrete or pavers, etc. d) Site amenity cleaning - Contractor shall perform pressure washing of site amenities, such as but not limited to, picnic tables, park benches, skate park, walls, planters, raised curbing, railing, exterior of buildings, overhead shelters, etc. (1) All picnic amenities (picnic tables, b.b.q.s, picnic shelters, concrete picnic pads, etc.) and park benches shall be wiped clean every day Monday through Sunday to assure that all trash, stains, spills, debris, glass, staples, nails, tape, wire, etc. is removed. (2) All picnic concrete paved areas and b.b.q.'s, park bench areas, patio areas, and areas adjacent building entrances shall be cleaned once a month using high pressure cleaning equipment. (3) All barbecues shall have ashes, charcoal or any other materials removed once a week. Contractor shall paint the exterior of the b.b.q.'s and the post with heat and rust resistant flat black paint whenever rust appears. e) All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the Director, the flag not be in good condition (faded, discolored, tom 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. f) Drinking fountains shall be cleaned, sanitized and unplugged on a continuous basis. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The Contractor shall remove all mineral build up, algae, stains, etc. The Contractor shall achieve this level of quality using a combination of cleansers, metal polish product, hand and/or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. 9. Playground/Tot-Lot Areas a) The Contractor shall provide maintenance of all playground/tot-lot sand and rubberized areas once a week. Maintenance shall include, but not limited to, loosening of compacted areas, re-grading sand/wood chips areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand/wood chips to assure that debris and any other foreign objects are removed, removal of weeds, removing sand/wood chips on sidewalks surrounding the playground/tot-lot, eliminating berms (including pre-existing) in the turf surrounding the playground/tot-lots (high pressure water blasting or sod cutting, leveling and re-sodding are approved methods), and trash and other undesirable material. Rubberized fall areas shall be cleaned of sand/wood chips and debris daily. Any sand/wood chips that accumulate on the rubberized surface shall be reused. Sand/wood chips and debris on the playground equipment shall be removed, b) The City shall be responsible for all playground equipment and tot-lot area safety inspections. 10. Ball Diamond Maintenance The Contractor shall retain a sub-contractor to provide ball diamond infield maintenance as set forth in Attachment 1. a) Baseball Perimeter Maintenance Ball diamond perimeter maintenance shall be performed daily. Ball diamond perimeter maintenance shall be defined as all areas outside the field of play and sideline/dugout areas where coaches, players and others associated with the game gather. Ball diamond perimeter maintenance areas shall include but is not limited to grandstands, areas around concession stands, fence lines, warm-up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas/hosing down areas using a high pressure nozzle to remove brick dust, stains and/or all other foreign material, such as sunflower seeds or peanut shells, so that all areas, including pavement and landscape areas, are 100% free and clean. b) Daily Outfield Maintenance (1) Irrigation checks and repairs to assure that irrigation heads are at the proper grade to avoid injury to players who may fall on them and that no "slippery" areas exist. (2) Fill in of divots and depressions and all uneven areas with #20 white silica sand, organic compost mixed with Stovers Bermuda Dunes grass seed during the spring/summer and Stover Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. (3) Level fence line areas using a rock or leveling rake. (4) Level and drag warning track areas using nail drag followed by finishing drag mats. Contractor shall apply new brick dust to fence lines and warning tracks as necessary to maintain consistent '/2" layer of brick dust in these areas. c) Weekly Maintenance Contractor will then edge the fence lines and warning track to achieve crisp straight lines and a smooth crisp arc where the brickdust warning track meets the sport turf. d) Annual Maintenance Top dress outfield turf using Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. (The "Santa Ana Mix" is sold by AG Organic, Riverside. The specification is: AG Organic Company Organigro Seed Topdress premixed w/California Organic Fertilizer, Inc. Phyta Boost Plant Food 7-1-2 (33cy of Organigro Seed Topdress +700#'s 7-1-2 Phyta Boost per Acre)). e) Non-recurrine maintenance: During inclement weather the Contractor shall work to reopen baseball fields as soon as possible. The Contractor shall use Diamond Dry or an approved equal to warning tracts and fence lines. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain water off the field. 11. Soccer /Football Field Maintenance 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 fill in divots and depressions with #20 white silica sand mixed with Stovers Bermuda Dunes grass seed during the spring/summer and Stovers Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. b) Areas of the field where turf has been worn away due to play shall be raked, dragged and leveled each day to provide a level-playing surface free of divots, depressions and uneven surfaces. The Contractor shall add approved topsoil to these areas as necessary to keep the areas level and safe. c) Annually, the Contractor shall top dress outfield turf using Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. d) The Dan Young Soccer Complex and Santa Ana Stadium Field Synthetic Turf: Contractor shall remove all debris from synthetic turf fields daily. City crews will provide the daily field grooming. 12. Sport Court Maintenance a) All sport courts shall be blown off weekly. Courts and fence lines shall be completely free of dirt, debris, etc. b) All tennis courts shall be washed down every other week to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. c) All basketball and volleyball courts shall be washed down monthly to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. d) Contractor shall replace tennis and basketball nets when they become wom. The City shall furnish nets. 13. General Maintenance and Clean-Up For All Parks and Contracted Sites a) All trash and debris on the ground or in trash receptacles shall be removed from all worksites each day Monday through Sunday before 12:00 p.m. This includes all landscape areas, paved areas, street curb gutters, flood control channels, etc. Trash shall consist of all items 80 His. or less. All trash receptacles and lids shall be wiped clean continuously as stains appear. 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. c) After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas within two (2) days at no cost to the City. Debris (80 His. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. d) The Contractor shall keep sidewalks and all other paved areas swept and free of any debris, dirt, glass, weeds, leaves, etc. at all times. e) Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 14. Other Requirements a) Work Not Scheduled The Director may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and will be determined by the City. 15. Special Maintenance In addition to the standard Grounds-Landscape Specification the following special maintenance shall be performed: a) 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." (1) 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. Contractor is not responsible for blowing parking lots, only litter removal. Contractor is not responsible for pressure washing. (2) 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. (3) 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 and dust appear. (4) All cigarette urns shall be sifted daily Monday, Wednesday and Friday. The sand in the cigarette ums shall be fresh and leveled. Contractor shall replace cigarette um sand with #20 white silica sand as needed to maintain a clean, debris free appearance. (5) 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. (6) All trees below 15' shall be pruned four (4) times 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. (7) All shrubs requiring hedging shall be trimmed every two weeks. (8) 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. (9) All turf in the Civic Center area is considered priority turf. (10) 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 2. (11) Fertilization: Cyads and Palms shall be fertilized two (2) times per year (first week in March and September). b) 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 (Thurdays). 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 dust appear. (5) All turf in the Stadium area is considered priority turf. (6) All surfaces within the Stadium (including tunnels, bleacher area, all walkways, seats) shall be high pressure washed quarterly (the third Monday of the months of July, October, January and April) to remove al l stains, gum, candy, etc. c) City of Santa Ana Corporation Yard - The Corporate Yard is the city's maintenance operation center. In addition to the standard Grounds-Landscape Specification the following special maintenance shall be performed. (1) All trash receptacles shall be emptied daily five (5) days per week Monday - Friday 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 continuously as stains and dust appear. (2) All cigarette urns shall be sifted daily Monday, Wednesday and Friday. The sand in the cigarette ums shall be fresh and leveled. Contractor shall replace cigarette um sand with #20 white silica sand as needed to maintain a clean, debris free appearance. (3) All turf at the Corporation Yard is priority. d) McFadden Technology Center and Newhope Libraries. In addition to the standard Grounds-Landscape Specification the following special maintenance shall be performed. (1) Parking lots, entrance to buildings, 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. e) P.E. Bike Trail (Chestnut to Bristol). In addition to the standard Grounds-Landscape Specification the following special maintenance shall be performed. (1) Adams to Bristol -The contractor shall keep the unimproved areas immediately adjacent the improved bike trail free of weeds, debris, and otherwise any objectionable item a minimum of 4' from fence lines and/or to the wall of adjacent buildings. (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. (3) Flower west toward Bristol - This portion of the bike trail has an unimproved portion of property from Flower St. running west along the bike trail. This property shall continuously be maintained free of weeds, trash and debris. f) Regional Transportation Center. In addition to the standard Grounds-Landscape Specification the following special maintenance shall be performed. (1) 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 2. (2) All exterior trash receptacles and cigarette urns shall be cleaned with a germicidal cleanser as needed. (3) 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 um sand with #20 white silica sand as needed to maintain a clean, debris free appearance. (4) All turf at the RTC is considered priority turf g) Sara Mae Downey Herb Garden. In addition to the standard Grounds-Landscape Specification the following special maintenance shall be performed. At no time shall the contractor apply pesticides in the garden. All pests, including insects, weeds, rodents, etc. shall be controlled by non-pesticide methods agreeable to the Director's Representative. h) Santiago Park. In addition to the standard Grounds-Landscape Specification the following special maintenance shall be performed. (1) Nature Reserve Area: The contractor shall not be responsible for the maintenance of the native landscape nor the irrigation system that irrigates the native plant material located immediately adjacent the Nature Center (see Attachment 5 132-14). The contractor shall be responsible for all other maintenance in the Nature Reserve including but not limited to trash and liter, walkways, roadways/parking lots, turf- groundcover-shrub and tree maintenance, etc. (2) Lawn Bowling Greens: The objective for the bowling green is level, smooth and hard with consistent short vegetation coverage on entire playing surface. The color of the surface should be a combination of green and brown. Winter months greens will be in brown dormant state. Brushing the surface versus cutting may be more applicable. a. Cutting schedule of Monday, Wednesday and Friday. This work to be carried out during the months of May, June, July, August and September. Tuesday and Thursday only schedule in October, November, March and April. Weekly cut in December, January and February. Standard Height of cut to be 3/32 in growing season, and 5/32 in winter months. Cutting to be in a different direction each time greens are cut always on an angle. b. Grooming of greens to be on an every 3rd week schedule starting in March and ending 2nd week of September. Groomer to be set at between 1/32 "and 1/1 6th above ground level. Grooming to remove Poa and root crown from Bermuda. There should be a minimal amount of thatch on green surface. c. Solid '/a tining 3rd week of March and July, alternate years hollow '/2" tining to 3" depth (July). d. Scarifying or deep verticutting only as directed by Park Services. e. Greens to be rolled on Tuesday and Thursday in horizontal (up and down) direction. f. Water schedule: No irrigation December, January or February. 2 day a week schedule in months other then July and August (3 day). Deep soak areas were excessive drying occurs. g. Top dressing to be applied by spreader, also in low areas. Green to be kept as close to 1/1 6th level over surface. Sand per USGA green spec Silica. h. Ditches to be kept level and free of vegetation. Edging to be to ditch face of "Plinth" boards. 16. City Inspection The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park, per day not meeting the specifications during any such inspection. ATTACHMENT NO. 1 SUB-CONTRACTOR BALL DIAMOND IN-FIELD MAINTENANCE 1.0 Scope of Work 1.1 State of California Licensed C-27 Contractor specializing in Ball Diamond In-Field Maintenance shall provide in- field brickdust maintenance for thirty two (32) Baseball/Softball Diamonds per the specifications and conditions listed below: 2.0 Ball Diamond Locations and Quantities/Types of Diamonds at Each Site 2.1 Adams Park 2. 1.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 2.2 Cabrillo Park 2.2.1 One (1) 80'/90' base path Little League Junior/Senior diamond with skinned brickdust infield. 2.3 Centennial Park 2.3.1 Two (2) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infields. 2.4 Delhi Park 2.4.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 2.5 El Salvador Park 2.5.1 Two (2) 60' base path Little League diamond with skinned brickdust infields. 2.5.2 Three (3) base path T-Ball diamonds with skinned brickdust infields. 2.6 Herita ee Park 2.6.1 One (1) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infield. 2.7 Jerome Park 2.7.1 One (I ) 80'/90' base path Little League Junior/Senior diamond with skinned brickdust infield. 2.7.2 Two (2) 60' base path Little League diamond with skinned brickdust infields. 2.8 Madison Park 2.8.1 One (l) 60' base path Major Little League diamond with skinned brickdust infield. 2.8.2 One (1) T-Ball diamond with skinned brickdust infield. 2.9 Memorial Park 2.9.1 One (1) 80'/90' base path Little League Junior/Senior diamond with skinned brickdust infield. 2.9.2 One (1) 60' base path Little League diamond with combination turf/brickdust infield. 2.9.3 Two (2) 60' base path Little League diamonds with skinned brickdust infields. 2.10 Morrison Park 2. 10.1 One (I ) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield. 2.11 Portola Park 2.11.1 One (1) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield. 2.12 Riverview Park 2.12.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 2.12.2 One (1) 60' base path Major Little League diamond with sport turf and brickdust infield. 2.12.3 One (1) Minor Little League diamond with sport turf and brickdust infield. 2.12.4 One (1) T-Ball Little League diamond with sport turf and brickdust infield. 2.13 Rosita Park 2.13.1 One (1) 60' base path Major Little League diamond with sport turf and brickdust infield. 2.14 Santiago Park 2.14.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield. 2.15 Thornton Park 2.15.1 Three (3) 60' base path Girls Softball diamond with skinned brickdust infield. 2.16 Windsor Park 2.16.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield. 32 Total diamonds at 16 park sites. 3.0 Schedule of Work to be Completed 3.1 Adams Park: Cabrillo Park: Centennial Park: Delhi Park: El Salvador Park: 5 Days per wk, Feb 1st to July 15th 1 Day per wk, July 16th to Jan 31 st 5 Days per wk, Feb 1 st to July 15th 1 Day per wk, July 16th to Jan 31 st 5 Days per wk Feb 1 st to April 31 st 1 Day per wk May I st to Jan 31st 1 day per wk Year round 5 Days per wk, Feb 1 st to July 15th 1 Day per wk, July 16th to Jan 31st Heritage Park: Jerome Park: Field #1 Field #2 & #3 Madison Park: Memorial Park: 1 Day per wk Year round 5 Days per wk, Feb 1st to July 15th 1 Day per wk, July 16th to Jan 31 st 1 Days per wk Year round 5 Days per wk, Feb 1 st to July 15th 3 Day per wk, July 16th to Jan 31st 5 Days per wk, Feb 1st to July 15th 1 Day per wk July 16th to Jan 31 st Morrison Park: 3 Days per wk, Feb 1st to July 15th 1 Day per wk July 16th to Jan 31st Portola Park: 3 Days per wk, Feb 1st to July 15th 1 Day per wk, July 16th to Jan 31st Riverview Park: 5 Days per wk, Feb 1st to July 15th 3 Day per wk, July 16th to Jan 31 st Rosita Park: 5 Days per wk, March 1st to July 30th I Day per wk, July 30th to Feb 28th Santiago Park: 5 Days per wk Year round Thornton Park: 5 Days per wk Year round Windsor Park: 3 Days per wk Feb 1st to July 15th 1 Day per wk July 16th to January 31 st 4.0 Field Composition Mix (Brickdust) To Be Used When Maintaining In-fields. 4.1 Field In General 4.1.1 When adding field composition mix (brickdust) to any City of Santa Ana ball field, the specific type of material to be used is: Pro Gold Infield Mix with stabilizer from Gail Materials (951) 279-1095. 4.2 Pitchers Mound/Home Plate/Basenath Areas When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix. 5.0 Equipment The contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment. 5.1 Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 5.2 Drags 5.2.1 Scarifying Drae: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy- duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be''/2" in diameter. Pull chain shall be included. 5.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build-up (high spots)and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 5.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter/gentle movement of brickdust. This drag shall be galvanized metal "door-mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. 5.3 Other Equipment 5.3.1 Hand Tamp: 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate and pitching mound. 5.3.2 Plastic Sheeting and Duct Tame: Used to wrap hand tamp head and help prevent wet clay from sticking. . 5.3.3 Grade or Groomin Rake: Used to rake and fine level areas. Shall be made of aluminum, 36"wide and a 6'handle. 5.3.4 Heavy Duty Shovels Used to move material. Round/Square Point and Scoop shovels. 5.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" tol" top quality construction with 225-psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. 5.3.6 High Pressure Nozzle Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. 5.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min. wide with heavy-duty dual weight bristles. 5.4 Wet Conditions Equipment" (Add to equipment above) During periods of inclement weather or when the areas are wet the contractor shall have "on-hand" during all brickdust maintenance operations the following items: 5.4.1 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium/aluminum head. 5.4.2 "Super Sopper": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 5.4.3 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 5.4.4 Infield Sopoer with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile-covered sponge typical for absorbing chemical spills. 6.0 Meetings 6.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am - 5:00pm, Monday - Saturday. 6.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor". This site supervisor shall meet with staff as requested at time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns that may arise and any goals for the week. 6.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" (listed in Section 10.0). 7.0 Daily Infield Maintenance 7.1 General 7. 1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 7.1.2 Contractor shall keep brickdust and dugout areas in a weed free condition. 7.1.3 Contractor shall hose and/or sweep and hose out all dugouts so they are 100% free of brickdust or any other debris. 7.2 Maintenance Procedure 7.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in-field and re-install after all work on in-field is completed. 7.2.2 After removing all bases, the contractor shall scrape/wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. 7.2.3 The Contractor shall rake/shovel loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/wom areas appearing on the field before any watering or dragging shall take place 7.3 Home Plate Area/Batters Box Area Holes 7.3.1 Sweep/Rake away all loose brickdust. 7.3.2 Wet area until moist. 7.3.3 Scarify area (`s) [batters box hole(`s)] with shovel. This will help the mix bind better. 7.3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 7.3.5 Backfill "mound-mix" material into hole(`s). 7.3.6 Tamp the area firmly with steel tamp. Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom. 73.7 After tamping and compacting the "mound mix" covers areas with infield brick dust. 7.4 Pitcher's Mound 7.4.1 Follow same procedure for repair of home plate/batters box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. 7.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix". 7.5 General Brickdust Skinned Infield Areas 7.5.1 After raking/shoveling loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/wom areas appearing on the field, the Contractor shall fill all remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. 7.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop, dugout chain link fencing and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 7.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going air home. 7.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag". Circular or figure eight drag patterns shall be used (see details 1-A & 1-B). Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and high/low areas. Speed of drag procedure shall not exceed 7 mph. 7.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18". This will help in avoiding lips at brickdust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 7.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 7.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll-up the drag, place it on the vehicle and remove all debris accumulated in the dray at this snot and rake out material emptied from drag. 7.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake". The rake shall be held at an angle as to not push brickdust onto/into turf areas. 7.5.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water nozzle or heavy duty broom. NO brickdust shall be permitted on the turf edges at any time.lf in the determination of City staff, an unsafe lip situation exists (an unsafe lip is '/z" or greater) in any turf/brickdust border area infield to brickdust, base-paths or brickdust to outfield), contractor will be required to remove or level the soil build-up with a sod cutter and re-establish the in-field boundaries with a string line or suitable method and re-sod up to the border to remedy the situation at contractors expense. Pre-existing conditions shall be corrected during contract start-up. 7.6 Final Watering 7.6.1 This is the most time consuming and a very important element of the procedure 7.6.2 The contractor shall final water the skinned brickdust to a depth of/J" minimum. 8.0 Rainy Weather/Wet Field Procedure 1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 8. 1.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump/copper system. 8.1.2 Rake out (scarify) wet areas. 8.1.3 Apply Dry Gail Materials "Pro Gold with Stabilizer" Brickdust Materials from stock to all Wet Areas and Rake Out. 9.0 Work to be Completed "BI-MONTHLY" 9.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 9.2 Heavy water scarified and cut and leveled areas to a'/2" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi-monthly scarify/cut and level drag dates to contractor. 10.0 Work to be Completed "ANNUALLY" 10.1 Each year, the following renovation is to be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year. 10.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 10. 1.2 Contractor shall verify all base distances, pitching rubber distances and pitching mound heights per the Little League, Pony/Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. 10.1.3 In addition, contractor shall install 1/2" new Gail Materials "Pro-gold with Stabilizer" (brickdust) to in-fields at all diamonds (minimum 26 tons per Girls Softball/Major Little League Field and minimum 40 tons per Junior/Senior Little League Field). Also, the contractor shall install a minimum of 1 ton of Turface calcite clay per Girls Softball/Major Little League Field and 2 tons of Turface calcite clay to Junior/Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. Note: The City has the right to move brickdust and Turface materials to other infields under this agreement should they decide that an infield or infields do not require additional materials a particular year. 11.0 Work To Be Completed "AS DIRECTED" 11.1 Replace Base ANCHORS as directed. Note: City of Santa Ana use's the Roger's Breakaway base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. 11.2 Replace Bases as directed. Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed. 11.3 Replace or Remove/Level/Re-Install home plates as directed. 11.4 Replace or Remove/Level/Re-Install pitching rubbers as directed. Note: City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. 11.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 12.0 Infield Turf Maintenance 12.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield brickdust skin line/arc. Infield turf shall be mowed two (2) times per week on Monday and Friday. 12. 1.1 Contractor shall use a "greens" reel mower to provide "putting green" quality finish cut. 12.1.2 Infield turf shall be cut between ''/z" and '/d' per staff's direction. 12.1.3 All turf clippings shall be collected and disposed of. 12.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. 12.2.1 Contractor shall check and program the automatic irrigation controller minimum one time per week. 12.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. 12.2.3 Infield turf shall be fertilized two (2) times per year in the first week of January and April per the agronomic plan. 12.2.4 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. 12.2.5 Immediately following fertilization the Contractor shall water in the fertilizer to avoid chemically "burning" the turf. 12.3 Infield turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff. 12.4 Infield turf shall be kept weed free at all times. 12.4.1 Any grasses other than the original hybrid Bermuda installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.5 Infield turf shall be kept free of disease and rodents at all times. 12.5.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 12.6 Infield turf annual renovation 12.6.1 Each year the infield turf shall be renovated: 1) verticut using the greens reel mowers straight blade reels; 2) mowed to''/d' high immediately following verticutting; 3) overseeded with Stovers Seed Company Sahara Dunes at a rate of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately following seeding by Materials using "Santa Ana Top Dress Mix." 13.0 General Contract Provisions 13.1 Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. ATTACHMENT2 ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION 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. 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 as approved by the Director: • 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 • Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus Vandalism Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. ATTACHMENT3 TREE PRUNING SPECIFICATIONS 1.0 Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses, has led to pruning practices, which best preserve and enhance the beauty, structural integrity, and functional values of trees. In an effort to promote practices, which encourage the preservation of tree structure and health, the following policies have been established. These specifications are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. 1.01 OVERVIEW OF SPECIFICATIONS Any tree work performed in the City of Santa Ana Park and Recreation Facilities (SAPRF) must be done according to the SAPRF specifications. There are different criteria for pruning depending on the purpose for the pruning. a. Complete Prune Specifications are used when circumstances deem the entire tree needs to be fully pruned. b. Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. c. Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. d. Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 1.02 GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: a. Proper disposal of all tree debris generated. b. Assuring good traffic control and minimize disruption of the public. c. Assuring adequate safety of employees and the public. Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. Contact Mike Lopez, Sr. Park Services Supervisor at (714)571-4212 Office or (714) 231-6112 cell phone. 1.03 CERTIFIED ARBORIST The Contractor shall employee a full-time, permanently certified arborist, as accredited by the International Society of Arboriculture. This person is responsible for ensuring that the Contractor's crews are performing work according to SAPRF specifications. 1.04 SPECIFIC TREE PRUNING SPECIFICATIONS a. All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. b. All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. c. When tree pruning cuts are made to a side limb, such remaining limb must possess a basal thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning cut so affected within a reasonable amount of time. d. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be removed. e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. f. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and/or pest problems shall be promptly reported to an authorized SAPRF representative. g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or disease problems. h. Whenever pruning cuts are to be made, while removing limbs too large to hold securely in one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Such cutting back shall not include the removal of any live, healthy limbs in excess of six (6) inches in diameter without prior approval from an authorized SAPRF representative. i. No more than twenty five (25) percent of the live wood may be removed from the crown of any tree, without approval of an authorized SAPRF representative, excepting live oaks, which are limited to no more than ten (10) percent. Resulting in keeping as much of the crown of the tree as possible. j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. k. Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structural weakness of a tree, decayed trunk or branches, shall be reported in writing, noting the location of the tree by street address and a description of the hazard found in the tree. 1. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except palms that are more than sixty-five (65) feet in height. in. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved and protected whenever feasible, unless doing so would create a hazard. 1.05 COMPLETE TREE PRUNING SPECIFICATIONS Complete tree pruning shall consist of the total removal of dead or living branches that may threaten the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner as to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger. c. Remove all broken or loose branches. d. Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 1) Branches of weak structure, which are not important to the framework of the tree. 2) Branches, which if allowed to grow, would wedge apart the junction of more important branches. 3) Branches forming multiple leaders in a single leader type tree. 4) Branches near the end of a limb, which will produce more weight or offer more resistance to wind than the limbs are likely to support. 5) Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl". 6) Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 7) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 8) Removal of branches, which project too far outward beyond an otherwise symmetrical form. e. Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. f Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. g. Obtain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. h. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to said trees. i. Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3) to five (5) feet of secondary electrical lines. j. Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 1.06 SAFETY TREE PRUNING SPECIFICATIONS Safety tree pruning shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. c. Remove all broken or loose branches. d. Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: 1) Limbs of weak structure or otherwise hazardous. 2) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 3) Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 1.07 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lines and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits through the trees. Power line clearance pruning, therefore, shall consist of the removal of tree branches for proper electric line clearance in order to minimize the likelihood of power outages and improve safety. Specifically, trees shall be pruned in such a manner as to: a. Clear all branches and foliage within ten (10) feet of primary electrical lines. b. Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet. c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI Z133.1-1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 1.08 PALM PRUNING SPECIFICATIONS Palm pruning shall include, but not be limited to, the pruning of the following palms (Syagrus romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. b. The removal of all flowers and fruit parts whether dead or alive. c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty-five (65) feet in height. d. Canary Island date palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty-eight (48) inches or a maximum of sixty- (60) inches length below the green fronds. The trunk when pruning operations are complete shall be left in a clean, unscathed appearance throughout the entire length of the palm trunk. Canary Island date palms shall be pruned using a sterilized handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree. e. All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 1.09 UNACCEPTABLE PRUNING The following procedures, or others that will result in tree decline, are not allowed (storm damage and other extenuating circumstances exempted): a. Severe cutting back of all growing tips usually referred to as topping, pollarding, or hat racking. b. Flush cutting where a cut is made even with the surface of the trunk or limb, removing the branch collar and branch bark ridge. c. Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark ridge. d. Removal of a healthy main leader, for reasons other than power line clearance. e. Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAME standards. 1.10 DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAME representative. Repairs to property damaged by the responsible party shall be made within forty-eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler systems in City landscapes and the need to avoid damage. A] I damage to irrigation systems shall be repaired as soon as possible at Contractors expense. 1.11 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 1.12 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. a. Whenever larger tree sections are being cut in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner. b. All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation field controllers and similar facilities must remain accessible during the course of work. c. Noise levels, resulting from tree work operations, must be kept to a minimum at all times. All tree work operations are subject to compliance with all local Noise Restrictions. Operation of tree work equipment shall not take place between the hours of 9:00 p.m. and 7:00 a.m. weekdays, or between 9:00 pm and 8:00 am on weekends (Saturday and Sunday). Emergencies are exempt from any time restrictions. d. All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANSI Z133.1-1994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018. 1.13 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and/or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four (4) inches of diameter or larger) must be authorized by an SAPRF representative. 1.14 TIME FOR COMPLETION If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 1.15 SUBCONTRACTORS Subcontractors used in the performance of this project shall be listed in the Contractors Bid Proposal. Subcontractors shall be properly licensed by the State of California as a contractor to perform work of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be held liable for the correction of any deficient work. 1.16 ADDITIONS AND/OR DELETIONS OF WORK The SAPRF representative reserves the right to add and/or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 1.17 An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. 1. 18 BILLING Contractor shall submit a fully itemized bill listing each tree noting: a. Address (each tree). b. Type of tree. c. Date completed. d. Person completing the job. e. Location of tree (front, side right, side left, rear) 2.00 CONTRACTOR QUALIFICATIONS All contractors are required to have a valid appropriate state contractor's license, current City of Santa Ana business license, City Attorney approved certificate of insurance and be knowledgeable in tree pruning and tree care prior to the commencement of any and all work. 2.01 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The current edition of the "Green Book", Standard Specifications for Public Works Construction and it's updates, supplements and local addendums, shall be included as part of these specifications, unless otherwise directed in these specifications. 2.02 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. Any damage to City, SAPRF, or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or SAPRF shall make the determination of fault. The SAPRF representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. If the SAPRF representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. Contractor shall call Underground Alert (800) 4224 133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the SAPRF representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized SAPRF representative for a timely resolution of the problem. 2.03 CONTRACTOR'S STAFF The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. A qualified, English speaking supervisor in the employ of the Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available at all times to the SAPRF representative during work operations. The responsibility for all work performed will remain with the full-time certified arborist. The Contractor shall furnish the necessary competent and key personnel to properly supervise and direct the work of fully equipped, competent and experienced crews as well as all safety equipment, including but not limited to, all equipment and work procedures required by ANSI Z133.1-1994. The Contractor shall secure all timekeeping, bookkeeping and other necessary clerical and office work required in the performance of the contract. The Contractor shall be responsible for the supervision of all of his crews. He shall check all of his crews regularly for proper quantity and quality of work, proper maintenance of tools and equipment, and safety. 2.04 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 2.05 CERTIFICATION OF MATERIALS All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the ARMD representative. The SAPRF representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non-satisfactory items at his/her cost. 2.06 CONTRACTOR NEGLECT Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 2.07 HOURS OF OPERATION The Contractor shall perform all work between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. No work shall be performed on weekends or on City recognized holidays without written SAPRF approval. 2.08 SPECIFICATIONS AND PLANS The work performed shall be done in accordance with the Standard Specifications for Public Works Construction, latest edition, hereinafter referred to as Standard Specifications. In case of conflict between the Standard Specifications and this Specification, this Specification shall take precedence over and be used in lieu of such conflicting portions. Where the plans or specifications describe portions of work in general terms, but not complete detail, it is understood that workmanship of the finest quality is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and do all the work involved in executing the contract. 2.09 CONSTRUCTION EQUIPMENT The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 2.10 SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on thejob or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 2.11 TRAFFIC CONTROL The Contractor shall notify the SAPRF representative of intent to begin the contract work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the areas and shall make arrangements relative to keeping the working area safe and clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. All traffic delineation and work area protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) 2000 Edition. The Contractor shall make every effort to keep commercial driveways open during working hours. Should this not be possible, Contractor shall coordinate with the property owners affected to insure that designated times of ingress and egress is available. After working hours, all driveways shall be accessible with smooth and safe crossings through any construction area (State of California Traffic Manual). 2.12 INQUIRIES AND COMPLAINTS The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, SAPRF, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the SAPRF representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the SAPRF may deduct such cost from any amount due to Contractor from SAPRF. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or SAPRF. If any complaint is not abated within a reasonable time, the SAPRF representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the SAPRF representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the SAPRF representative, the SAPRF representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges. 2.13 NOTIFICATION OF LOCATIONS OF WORK The Contractor shall notify the SAPRF representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. ATTACHMENT 4 AGRONOMIC PLAN ATTACHMENT5 MAPS ATTACHMENT 6 City of Santa Ana Parks, Recreation, and Community Services Agency Policy for Driving on Park Property Purpose: The purpose of this document is to establish a policy for when it is appropriate for City employees, contractors, and other organization employees to drive on park turf, paved areas and other surfaces. Policy: Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to ajob site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business. When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. Landscaping Services Proposal Prepared for City of Santa Ana RFP 11-004 0000 April 12, 2011 'EXHIBIT U FACILITY SERVICES Tuesday, April 12, 2011 FACILITY SERVICES 2310 Soulh Pullman Slreel Snnla Ana, CA ,92 705-550 7 (949) 975-1366 (800) 445-7115 i-AX (949) 975-8496 Capability and Exoerlence of Contractor DMS Facility Services would like to thank the City of Santa Ana for the opportunity to bid on their parks throughout the city. We are the current landscape contractor for District 1, with ball field subcontractor Professional Sports Field Maintenance, Inc. We have taken the parks from poor condition, to a level that is giving the City an opportunity to shine in the community. The baseball fields are getting great praise from the Little Leagues, and the parks haven't looked better. DMS takes tremendous pride in the job we do, and are looking to continue to provide the City with great service. Irrigator Catalino Sanchez has been the irrigation tech for the City over the past year, and has almost 20 years experience as an irrigator. He Is continuing his education and is currently studying to retake the CLT exam this summer. Jason Clemente - City's Water Conservation Coordinator has met and watched Catalino work, and has complete confidence in his ability to Improve the irrigation system in the parks. The value of any new products or service suggestions or other new Ideas or enhancements. Over the past year we have brought the City several things to help reduce costs, while improving the parks. We introduce the City to the company AG Soil. They provide us with the Santa Ana mulch at half the cost that contractors were paying at Aguanaga. On the water conservation side, we have discussed improving water allocations during the cool season, and replacing some of the older less efficient irrigation timers, so we can reduce water usage. During our renovations we have gone to using a flail mower to take down the less appealing grasses, and solid core deep tines for our aeration. Both of these help improve the renovation process greatly. Past Performances During the past year we have had only 1 UP and that was the very first FTP we were given. While accepting the FTP, 1 informed Mike Lopez that this would be the last one, and we have performed to make sure it was. We believe that we have a job to do, and the City's expectations must be exceeded. If you discuss our performance with the City inspectors, you will hear that we are very committed to improving the parks, and take pride in our work. Attached are 3 letters of recommendation for the council to review. Since we have worked for the City before, we only wanted District 1 when we bid this last year. We did this to make sure we could provide the City with the service required in the contract. Now that we have another year under our belts, we feel that it is time to take on a second district and help the City continue to improve their parks. We would like to continue Improving District 1 and are hoping to pick up the maintenance in a 20d District. I know the City may not want to use one contractor for two districts, but after reviewing the current conditions, we know we can turn those parks around within the next year, and make them beautiful again. We look forward to the opportunity to discuss this proposal, and hope to continue improving the City's parks. Thank you again for this opportunity. Sincerely, TfWIams Landscape Manager ISA Certified Arborist g8999A Organizational Chart for DMS Facility Services DMS FACILITY SERVICES - CORPORATE OFFICES MONROVIA, CA DMS FACILITY SERVICES - SANTA ANA FRED GONZALES- GENERAL MANAGER JEFF WILLIAMS - LANDSCAPE MANAGER PROFESSIONAL SPORTS FIELD MAINTENANCE I I DLIG O ORANATO -SUPERVISOR DON BORDELON FACILITY SERVICES I CATALINOSANCHEZ- IRRIGATIONTECH I DMS FACILITY SERVICES CREW TOMAS CABELLERO - FOREMAN MARCOS BAUTISTA, ROMAN HERNANDEZ, JESUS TRUJILLO Fred Gonzales - General Manager Landscape Division Fred has been in the landscape industry for over 25 years. He started his career as a worker and has worked his way up with strong leadership skills, and his ability to manage crews. Fred is a California State Certified Contractor C-27 and a Qualified Applicator. His experience covers the entire spectrum of the landscape industry. Areas of expertise include: irrigation repairs, programming of controllers, trouble shooting, chemicals and pesticides, turf renovation, payroll, managing profit and loss, scheduling crews, billing, and has excellent customer services skills. He oversees over 80 employees in Los Angeles, Orange, Riverside, and San Diego counties. Fred has been with DMS since 2004. Jeff Williams - Landscape Manager Jeff has been in the landscape industry since 2003. He began his career as a "Smart Timer Specialist" because he wanted to make an impact on the run-off that is polluting the ocean, and continues to further his education by working towards becoming a Certified Arborist with the ISA. Jeff's knowledge of "Smart Timers" and the programming is top in the industry. He has trained landscape contractors on the technology and installed over 1000 controllers. Since Joining DMS in December 2008, he has taken on sales and business development. Jeff has extensive knowledge In sales, irrigation repairs, "ET" based technology, water management, and believes in exceeding customer expectations. Jeff also is the primary contact for the City of Santa Ana, and all construction projects. Prior to join the landscape industry, Jeff was a golf teaching professional with the PGA of America. ISA Certified Arborist NWE-8999-A Eligio Oronato - Landscape Supervisor Eligio has been working in the landscape industry since 1981. He is experienced and knowledgeable in all phases of landscape maintenance and irrigation. Eligio started as a laborer and has proven to be a strong leader and an excellent supervisor. His ability to coordinate all types of work and complete them in a timely manner makes him a great value to DMS. He manages 25 employees and maintains Ricoh properties, Toyota Executive Homes, Mission and Pacific Hospitals. Eligio has a great attitude and is well respected by his peers and employees. az t Q W ? 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W ? d d d m '? m _ LO c w y « c 'ry u c m' Q a y c m ri e e l vE ", v _ ? ` v ? e F m O x o m<<< 0 ' C e o L .e E t N W= a S 0I t d v a v . a c c ° C w _ m J a Y o O x .n o m c .n «l^ v a v a 'o ¢ in u c m y w o 0- o m w c c c o 1p y a m m e Q? w v o ' N LL V LL V .? Ie O .E Q .? m H y C m U ll .? L G VI V1 V Y Q m V U LL l7 (7 S .-v C , c L C L ry 1' N ?" ' y V 1 V R' N N M a m m n m 01 O ? N N M d m m n m 4 1 O N N m d m m ?? r N m O 0 0 Y d W C ` 3 C V A C R v 5 c c m y m 3i c u e o 3 a ` Y y n -x W s a v v m° 3 \ LL c v Q c °c N ? Y 3 y o LL m a < Y a m v t4 Q mm c « c a S Ol J y C Q Y.. 0 v a 0 c 0 a v v a G u_ ? 2 LL Z Z Q LL ?, g 0 0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ?YYYY) CERTIFICATE OF LIABILITY INSURANCE %&e, °A 0rE3 0311 IMMiDD/11 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Andreini 6 Company-South Coast ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License 0208825 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR One MacArthur Place, Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. South Coast Metro CA 92707 p :714-327-1400 Fax:714-327-14.99 Ns . INSURERS AFFORDING COVERAGE INSURERA travelers Prepe.t, Ce euel INSURER B DMS Landscaping DMS Facility Services, LLC 417 E. Huntington Drive Monrovia CA 91016 OVERAGES INSURER NAIC p THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS .TIT NSR TYPE OF INSURANCE POLICY NUMBER DAPOLICY EFFECTIVE TE MWDDM'YY POLICY EXPIRATION DATE MMIDDM'YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY P-630-95008978-TIL- 1103/01/11 03/01/12 _ PREMISES (Ea pavrerKe s300 OOO CLAMS MADE FX] OCCUR MED EXP (Any mr Perron) $5,000 PERSONAL B AM INJURY 51,000,000 GENERAL AGGREGATE $2 000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG 62,000,000 POLICY X JEC LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT a 61 000 000 A X ANY AUTO P-810-950OB98A-TIL- 103/01/11 03/01/12 np (Ea aw , , ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Par person) S X HIREDAUTOS BODILY INJURY X NON-OWNED AUTOS (Per amdenl) S PROPERTY DAMAGE (Per em"nl) S GARAGE LIABILITY AUTOONLY-EAACCIDENT 3 R ANY AUTO OTHER THAN EA ACC 3 AUTOONLY. AGG 3 EXCESS I UMBRELLA LIABILITY _ EACH OCCURRENCE $ ]CLAIMS MADE OCCUR F AGGREGATE 3 E DEDUCTIBLE S RETENTION $ 3 WOR KERS COMPENSATION TY - AND EMPLOYERS' LIABILITY N r TORY LArr ER YIN ANY PROPRIETONPARTNERIEXECUrNE,-1 OFFICER,MEMBER EXCLUDED? E. L EACH ACCIDENT 3 u (Mmdnlery In NH) E.L. DISEASE - EA EMPLOYEE 3 If yyes, deaelbe under _ SPE CIA,PROVISIONSW. E L DISEASE- POLICY LIMIT S OTHER Ass SLaP,I C Ly !?I OT[1f\ ESC RIPTION OF OPERATIONS I LOCATIONS I VEHIC LES I EXCLUSIONS ADDED BY ENDORSE MENT 1 SPECIAL PROV ISIONS :erti£icate holder is included as an additional insured as respects General Aability only per the attached "Additional Insured Endorsement for :ommercial General Liability Policy" form which is part of the insurance Policy shown above. Primary/Non-Contributory wording is included pursuant -o the attached CG DO 37 04 05 form (SEE ATTACHED HOLDER NOTES) :ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DUMBED POLICIES BE CANCELLED BEFORE THE EXPIRATION SANSANS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL City of Santa Ana IMPOSE NO OBLIGATION OR LIABBRY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Attn: Robert Carroll REPRESENTATIVES 2D Civic Center Plata (M-30) . PP P.O. Box 1988 AUTHORIZED IEPRESENTATIVE 25 All The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER 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 policies listed thereon. (2009101) which is part of the insurance policy shown above. N`O MIPAI& IJ09l?YI DS N °'6 D P;, 0 PIbF"1, D P 0 which is part of the insurance policy shown above. The CANCELLATION notice herein is amended to read 10 Days as respects any cancellation due to nonpay of premium. I('. :ertificate supersedes the one issued on 3/1/11. 1. ADDITIONAL INSURED ENDORSEMENT Insurance Company Travelers Property Casualty Company This endorsement modifies such insurance as is afforded by the provisions of Policy # P630950OB978TIL11 relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers, employees, agents and representative are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. With respect the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective March 1. 2011 , this endorsement form as part of Policy # P630950OB978TIL11 Issued to DMS Landscaping/DMS Facility SErvices, LLC Name Insured Countersigned by POLICY NO. P-630950OB978-TIL-11 INSURED: DMS FACILITY SERVICES, LLC, ETAL COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that a. The 'bodily Injury" or "properly damage' for which coverage is sought occurs: and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- tense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): Thai is available to The insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved- Page 1 of 1 _---Oli CERTIFICATE OF LIABILITY INSURANCE I UaTE (MLVDDIYYYY) 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 IELOW. 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 to an ADDITIONAL INSURED, the Pollcy(bs) must be endorsed. If SUBROGATION IS WAIVED, sub)ect 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 endnreamwnH.t PRODUCER Advanced Risk Solutions 12980 Metcalf, Suite 490 Overland Park, KS 66213 INSURED Services LLC IQlon Dr. CA COVERAGES CERTIFICATE NUMBER: 9680730 REVISION nu ID I U ?EH I W y IHAI I HE 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 RAVE BEEN REDUCED BY PAID CLAIMS. ILLTRR WPE OF R38URANCE a. SUBIR POl1CY N MBER P LY EFF P U E%P NONYY DENERALU"lurY EC OCCURRENCE HH S COMMERCIAL GENERAL UABIUTY p ? MM GE D R ET PREMI ame S E E R . E CI-AIDE L_ OCCUR MED E X P M ore non $ PERSONALAADVIWURY 3 GENERAL AGGREGATE E GENLAGC/iEGATEUMTAPPLIESPER PRpDUCTe-COMP,9P AGG S POLICY PR LOG E AUT OMOBILE UABIUtt _ I ANYAJ70 \PPROVLl? AST FOR I\ FORn OILY INI URY Per ason ALL OWNED SCHEDULED p ( l S AUTOS AUTOS 1 NONONM BDgLYIWURY(Parem I) E ED HIRED AUTOS I AUTOS P wePtltle t S _ aura 'tilt She y I s UMBREU-A LIAB EXC OCCUR 1?5'a1STa R[ City Atto rney EACH OCCURRENCE S ESS UAB CLAIMSMADE AGGREGATE y DEC RE NrION$ f f S A WOR)MRS AND EIMPL 417172 3112011 12/1/2011 piµ we S AM T YIN ER L I TNE ANY PROFRUORVAPIRTNERIEXECUTNE EWI ETORIP OFFICERAIEMBER EXCLUDEDi ? N/A E.L.EAg1 ACCIDENT S (MssOFterY N MH) ym. E I E L. pISEASE. FA EMPLOYEE S 1 000 non IKIO IPTIO CWO DESC RN OF OPERATIONS Oelvn M E.L. DISEASE - POLICY LIMIT S 1 000.00C DESCRIPTION OF OPERATIONS ILOCARONS I VEHICLES IAa.ch ACORD 101, A Wonal RaevdR ScINOUN, N mere s,am 16 requaa0) THIS CERTIFICATE CONFERS NO ADDITIONAL INSURED RIGHTS UPON THE CERTIFICATE HOLDER. Only Ihose clients leased through ADas Resources and hired by DMS Facility Services LLC are insured under the referenced policy. NAIL # 561790 Re: Landawping Re: F DO 37 04 21 CERTIFICATE HOLDER CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Robert Carroll ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 1988 20 Civic Center Plaza (M-30) AUTHORHEDREPBESENTATIW Santa Ana CA 92702-1988 -• l ?y Robert M Gagne ®1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CERT NO,: 16110130 deeutte Gavez-ae6? 3/,I/]Ml 1:37H5 M Page 1 of 1 OP ID: KU " i?? CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OD/YVYY) 02/29/12 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 endorsements . PRODUCER 714-327-1400 Andreini 8. Company-South Coast CONTACT NAME: License 0208825 714-327-1499 PHONE FAX A/C No Est : A/C No): One MacArthur Place, Suite 1OO _ _ ___ A I South Coast Metro CA 92707 DDR ESS: --- , - _._ __.- - -__ _ PRODUCER DMSFA-1 - CUSTOMER ID #: ---.---- . _-- - -._ ___. __ __ INSURER(S) AFFORDING COVERAGE NAIC # INSURED DMS Landscaping INSURERA:WaUSaU Underwriters Ins_ Co. 26042 Facility Services, LLC untington Drive INSURER B: Monrovia CA 91016 INSURER C ____ - __ , __ -_.._-- ___.____ ___ INSURER D 1 I . '?? ? ` 1 -- `?-t?Y \\\ 000 .- - -_.. _ -_- INSURER E _- __..____._ _ - ___.__- _- -_ _.___ __..._ _. ___ - .. __. _ INSURER F 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. ILTR TYPE OF INSURANCE DL SUB POLICY NUMBER MM DD/YYYY MM DD/YYYY LIMITS GENERAL LIABILITY EACH OCCVRRENCE $ 1,000,00 A X COMMERCIAL GEN ERA L LIABILITY X YVJ-Z91 X58727-012 03/01/12 03/01/13 aTAGE Y6-FFENTE>? _ _. - _. 100 00 _ PREMISE 1Ea occurrence) . $ _ -. _ CLAIMS-MADE f-? OCCUR MED EXP (Any one person) $ EXCLUDE - - -- -.._ _- -_ PERSONALBADV INJURY $ 1,000,00 - - ----- --- GENERAL AGGR_E_G_ATE_ $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER- . , PRODUCTS -COMP/OP AGG $ 2,000,00 POLICY X PRO LOC $ AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANYAVTO ASJ-Z91?58727-022 03/01/12 03/01/13 (Ea accitlen[) -- $ 1.000,00 ?------------?---- ALL OWNED AUTOS BODILY INJURY (Per person) $ - BODILY INJURY (Per accident) $ SCHEDULED AUTOS _ X PROPERTY DAMAGE $ HIRED AUTOS (Per accitlenp X NON-OWNED AUTOS $ - UMBRELLA LIAR -- OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS_MA_DE ? _ ". _ ? .. _. ?' . ' AGGREGATE _._.. -_ __ _-_ $ __ __ _ DEDUCTIBLE . -_.._.__ _______-- __ ___ RETENTION $ $ _ WORKERS COMPENSATION _ ? ? _.__ ..__ -'- WC STATU- OTH- AND EMPLOYERS' LIABILITY Y/ N -- - -' ,, ? SQAY II EL2__ _ _ -._ __.___- ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER E%CLU DED? ? N/ A ? '' r E L EACH ACF?sI[{EMt -.: .5 (Mandatory in NH) If yes describe untler ? E L DISEASE . EA EMPLOYEE $ , DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT ... _ _ - - __ $ 1 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 'IOt, Atldltlonal Remarks Schetlule, IT more apace is required) SEE ATTACHED HOLDER NOTES --- ' VAnIrCLLN t IVfV SANSANI 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. Attn: Robert Carroll 20 Civic Center Plaza (M-30) AUTHORIZED REPRESENTATIVE P.O. Box 1988 ??, ,::': ?.,____?_. /-_., -?_.:.-? Santa Ana, CA 927D1 ? - ?? ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE SANSANI DMSFA-1 vacE 2 INSURED'S NAME DMS Landscaping OP ID: KU DATE 02/29/12 ral Liability only pfer the attached forms CG 20 10 07 04 and CG 20 37 icate holder is included as an additional insured as respects which are part o the insurance policy shown above. rY/Non-Contributory wordin is included pursuant to the attached LG 09 07 form which is part of the insurance policy shown above- 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 anization s Location(s) Of Covered Operations As specified in a written agreement which is signed in advance of the "occurrence" or offense for which the additional insured seeks coverage- Information re wired to com late this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 -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 insureds) 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, mainte- nance or repairs) to be pertormed by or on be- half of the additional insureds) at the location of the covered operations has been completed; or CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 2 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 pertorming operations for a principal as a part of the same project. This endorsement is executed by the Wausau Underwriters Insurance Company Premium $ Included Effective Date 03/01/12 Expiration Date 03/01/13 For attachment to Policy No. YVJ-Z91-4 58727-01 2 Audit Basis Flat Issued To DMS Facility Services, LLC,etal Countersigned by Authonzetl Representati Issued 02/28/12 Sales Office and No. San Ramon. CA End. Serial o. 1 Page 2 of 2 ©ISO Properties, Inc., 2004 CG 20 10 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 Or anization s Location And Description Of Completed Opera- tions As specified in a written agreement which is signed in advance of the "occurrence" or offense for which the additional insured seeks coverage. Information re wired to com lete 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 damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement pertormed for that additional insured and included in the "products- completed operations hazard". This endorsement is executed by the Wausau Underwriters Insurance Company Premium $ InClUded Effective Date 03/01/12 Expiration Date 03/01/13 For attachment to Policy No. YVJ-Z91-458727-012 Audit Basis Flat Issued To DMS Facility Services, LLC, etal Countersigned by Authorized Repres ntatiJe-?? Issued Sales Office and No. End. Seria o. 2 02/28/12 San Ramon, CA CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of ? THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIBERTY DirectSolutions for Janitorial Service Contractors This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance by broadening the insurance provided by CG 00 Ol. inuex or moauteu hems: Item 1 REASONABLE FORCE Item 2. -NON-OWNED WATERCRAFT EXTENSION Item 3. -ALIENATED PREMISES Item 4. -DAMAGE TO BORROWED EQUIPMENT Item 5. -JANITORIAL SERVICES PROPERTY DAMAGE COVERAGE Item 6. -LOST ICY COVERAGE i Item 7. -DAMAGE TO PREMISES RENTED TO YOU -EXPANDED COVERAGE Item 8. -BODILY INJURY TO CO-EMPLOYEES Item 9. -HEALTH CARE PROFESSIONALS AS INSUREDS Item 10. -NEWLY FORMED OR ACQUIRED ENTITIES Item 11. - BLANI?T ADDITIONAL INSURED AND WAIVER OF SUBROGATION MANAGERS OR LESSORS OF PREMISES Item 12. -EXPANDED BLANI?T ADDITIONAL INSURED AND WAIVER OF SUBROGATION ONGOING OPERATION Item 13. - BLANI?T ADDITIONAL INSURED AND WAIVER OF SUBROGATION PERSON OR ORGANIZATION Item 14. -ADDITIONAL INSURED STATE, MUNICIPALITY OR POLITICAL SUBDIVISION -PERMITS Item 15. -ADDITIONAL INSURED AND WAIVER OF SUBROGATION LESSOR OF LEASED EQUIPMENT Item 16. - IGVOWLEDGE OF OCCURRENCE Item 17. -UNINTENTIONAL ERRORS AND OMISSIONS Item 18. -BODILY INJURY REDEFINITION Item 19. -MOBILE EQUIPMENT REDEFINITION Item 20. -SUPPLEMENTARY PAYMENTS Item 21. -LIBERALIZATION These changes broaden the policy sections described unless differing language is separately endorsed to the coverage part. Item 1. -REASONABLE FORCE Exclusion a. of COVERAGE A is replaced by the Following: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting £iom the use of reasonable Force co protect persons or property. Item 2. -NON-OWNED WATERCRAFT EXTENSION Subparagraph g.(2) of Exclusion g. of COVERAGE A (Section I -Coverages) is replaced by the Following: (2) A watercraft you do no[ own that is: (a) Less than 55 feet long; and (b) Not being used For public transportation or as a common cazriex. Item 3. -ALIENATED PREMISES 1. Subparagraph j.(2) of Exclusions of Section I Coverages Bodily Injury And Property Damage Liability is replaced by the following: LG 32 37 09 07 Page 1 of 9 (2) Premises you sell, give away, or abandon, if the property damage arises out of any part of those pretrvse s, and occurs from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. Item 4. -DAMAGE TO BORROWED EQUIPMENT A. Exclusion j. o£ COVERAGE A (Section I Coverages) is amended to add the Following Pazagraphs (3) and (4) do no[ apply to property damage to borrowed equipment either loaned to you or in your care, custody or control. B. Subject to Pazagraphs 2., 3., and 5. of SECTION III LIMITS OF INSURANCE, the most we will pay for damages under this endorsement is $35,000 for all occurrences during the policy period. The insurance provided by this endorsement is excess over any other valid and collet [ible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. Item 5. -JANITORIAL SERVICES PROPERTY DAMAGE COVERAGE 1. Subparagraphs (3), (4), (5) and (6) of exclusion j. of coverage A. do no[ apply to your building cleaning, tnain[enance or janitorial services. 2. Exclusions This insurance does no[ apply [o: a. Borrowed equipment, b. "Property damage" to property in your care, custody and control while in transit., c. Lost keys, or d. The Ft 3. Other Insurance This insurance does not apply to any portion of a loss For wlvch the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. 4. Application of Sublimi[ Subject to Paragraphs 2., 3., and 5. of SECTION III LIMITS OF INSURANCE, the most we will pay For insurance provided by paragraph 1., above is: $10,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one occurrence regardless of the number of persons or organizations who sustain damage because of [hat occurrence. The Aggregate Limit is the most we will pay for the sum of all occurrences covered by this provision. Item 6. -LOST KEY COVERAGE Exclusions j.(3) and j.(4) of COVERAGE A (Section I) and exclusion 2.a.(2) of WHO IS AN INSURED (Section II) do not apply to the loss of keys or key cazds by an insured, subject to the Following- A. The additional insurance provided by this endorsement/provision applies only to the following damages: 1. The actual cost of the keys or key cards; 2. Adjustment of locks to accept new keys or key cards; and 3. The cos[ of new locks, including the cost of their installation, due to your loss of keys; however, this provision does not apply to locks operated by key cards. B_ The additional insurance provided by this endorsement/provision does not apply to: 1. Misappropriation; LG 32 37 09 07 Page 2 of 9 2. Secretion; 3. Conversion; 4. Infidelity; or 5. Any dishonest ac[ on the paz[ of any insured. C. Limits of Insurance: 1. The additional insurance provided by this endorsement/provision is subject to a sublimit of X100-000 each occurrence. This sublirrut is subject to the Each Occurrence Limit shown in the Declarations- is is not in addition to the Each Occurrence Limit. 2. The additional insurance provided by this endorsement/provision is subject the General Aggregate Limit shown in the Declazations. 3. These limits are the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Item 7. -DAMAGE TO PREMISES RENTED TO YOU -EXPANDED COVERAGE A. Fire, Lightning Or Explosion Damage The last paragraph of 2. Exclusions under Section I Coverage A is replaced by the following: Exclusions c. through n. do not apply co damage to premises rented to you or temporarily occupied by you with permission of the owner when the damage is caused by fire, lightning, or explosion or subsequent damages resulting from such Fue, lightning or explosion, including water damage. A separate limit of insurance applies io this coverage as described in Section III Limits of Insurance. B. Limits for Damage to Premises Rented to You Pazagraph 6. of Section III Limits of Insurance is replaced by the following: Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for any combination of: (a) damage caused by Fue, lightning, or explosion or subsequent damages resulting From such Fire, lightning or explosion, including water damage [o premises rented to you, or temporarily occupied by you with perrrussion of the owner; and (b) property damage (other than dan-iage by Fue) to premises, including [he contents of such premises, rented to you For a period of 7 or Fewer consecutive days. Item 8. -BODILY INJURY TO CO-EMPLOYEES 1. Subject to the Each Occurrence Limit and the General Aggregate Limit, Pazagraphs 2_a_(1)(a), (b) and (c) of SECTION II Who Is an Insured do not apply [o your supervisory or management "employees" for "bodily 'njury,?? o'-'ly- 2. Subject to the Each Occurrence Limit and the General Aggregate Limit, Pazagraphs 2.a. (1)(a), (b) and (c) of SECTION II Who Is an Insured do not app]y co your "employees" or "volunteer workers" for "bodily injury" azising out of a Good Samaritan act to a co-"employee" or co-"volunteer worker." A Good Samari [an act means an attempt to rescue or aid a person in imminent or serious peril, provided the attempt is not recklessly made. Damages owed to an injured co- employee or volunteer worker will be reduced by any amount paid or available [o the injured co- employee or volunteer worker under any other valid and collectible insurance. Item 9. -HEALTH CARE PROFESSIONALS AS INSUREDS Pazagraph 2.a. (1) (d) of Section II Who Is An Insured is deleted unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instrucrion- or (ii) The employee has any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. LG 32 37 09 07 Page 3 of 9 Item 10. -NEWLY FORMED OR ACQUIRED ENTITIES Paragraph 3. of Section II Who Is An Insured is replaced by the following: 3. Any organization, other than a joint venture, you newly acquire or Form and over which you maintain majority ownership or majority interest, wIll qualify as a Named Insured if there is no ocher similaz insurance available io that organization. a. Coverage under [his provision is afforded only until i. the 180th day after you acquire or Form the organization; or ii. separate coverage is purchased For the organization; or iii. the end of the policy period, whichever is earlier. b. Coverage A does not apply to bodily injury or property damage that occurred be Fore you acquired or formed the organization; and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any past parmership, current or past joint venture or pass lirrriied liability company that is not shown as a Named Insured in the Declarations. Item 11. - BLANI?T ADDITIONAL INSURED AND WAIVER OF SUBROGATION MANAGERS OR LESSORS OF PREMISES A. Section II Who Is An Insured is amended to include as an insured any manager or lessor of premises leased by you in which the written lease agreement obligates you to procure additional insured coverage, provided that-. 1. the bodily injury property damage or personal and advertising injury giving rise to liability occurs subsequent to the execution of [he agreement; and 2. the written agreement is in effect at the time of the bodily injury property damage personal and advertising injury for which coverage is sought. That person or organization shall be referred to as the additional insured. The coverage afforded to [he additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in pare, by some negligent acts or omissions of you, your employees, your agents, or your subcontracmrs. There is no coverage for the additional insured For bodily injury , property damage or personal and advertising injury arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If [he written agreement [o indemnify an additional insured requires that you indemnify the additional insured fox its sole negligence, then the coverage For the additional insured shall con Form to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under [he law of the state where the agreement was Formed. I£ [he written agreement provides that a particular state s law will apply, then such provision will be honored. B. Waivet Of Subrogation For any additional insured that obtains insured status on this policy through pazagraph A., above, we waive any right of recovery we may have against [he additional insured because of payments we make For "bodily injury", "property damage" or "personal and advertising injury" to which this insurance apples. C. Exclusions This insurance does not apply to: 1. Any occurrence that takes place after you cease to be a tenant in that premises. 2. Any construction, renovation, demolition or installation operations perforrned by or on behalf of the Additional Insured. 3. Any premises for which coverage is excluded by endorsement. LG 32 37 09 07 Page 4 of 9 D. Other Insurance The insurance provided by [his endorsement applies only to coverages and limits of insurance required by written agreement, but in no even[ exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available [o the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you aze obligated under a written agreement [o provide liability insurance For that additional insured on any ocher basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent [hat the additional insured has the right [o pursue any other insurance cazrier For coverage, including a defense, we shall share that right with the additional insured. Item 12. -EXPANDED BLANI?T ADDITIONAL INSURED AND WAIVER OF SUBROGATION ONGOING OPERATIONS A. Section II Who Is An Insured is amended to include as an insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, provided that: 1. the bodily injury, property damage, or personal and advertising injury giving rise to liability occurs subseyuent to the execution of the written agreement and 2. the written agreement is in effect at the time of the bodily injury, property damage, or personal and advertising injury for which coverage is sought. That person or organization shall be referred [o as the additional insured. The coverage afforded to the additional insured is Limited to liability caused, in whole or in par[, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors, in the performance of your ongoing operations. Ttis insurance does no[ apply to bodily injury, or property damage, personal and advertising injury arising out of your work included in the products-completed operations hazard There is no coverage For [he additional insured for bodily injury property damage or personal and advertising injury arising out of the sole negligence of the additional insured or by those acting on behalf o£ the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for [Yte additional insured shall conform [o chat agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of [he state where the agreement was Forrrted. IF the written agreement provides that a pazticulaz state s law will apply, [hen such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through pazagraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make For "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: 1. to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The prepazing, approving, or Failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or LG 32 37 09 07 Page 5 of 9 b. Supervisory, inspection, architectural or engineering activities. 2. to "bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment Furnished in connection with such work, on [he project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage azises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations For a principal as a pazt of the same project. 3. to "bodily injury" or "property damage" that occurs during the ongoing operations of a project insured by an Chvners 8c Contractors Protective Liability or Railroad Protective Liability Policy where you are the contractor designated in that policy s declazations. 4. when coverage is available under a consolidated (wrap up) insurance program in which you are involved. D. Other Insurance This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance For that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured would have had the right to pursue any other insurance carrier For coverage, including a defense, we shall share that right with the additional insured. Item 13. - BLANI'd?T ADDITIONAL INSURED AND WAIVER OF SUBROGATION PERSON OR ORGANIZATION A. Section II Who Is An Insured is amended [o include as an additional insured any person or organization [o whom you aze obligated by a written agreement to procure additional insured coverage, but only wide respect to liability For "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of [hose acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with premises owned by you provided that (a) the bodily injury property damage or personal and advertising injury giving rise to liability occurs subsequent to the execution of the agreement- and (b) the written agreement is in effect at the time of the bodily injury property damage personal injury or advertising injury For which coverage is sought. That person or organization shall be referred [o as the additional insured. There is no coverage For the additional insured for bodily injury property damage or personal and advertising injury arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage For the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed- If the written agreement provides that a particular state s law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through pazagraph A_, above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions LG 32 37 09 07 Page 6 of 9 This insurance does not apply to: 1. Any premises or equipment leased to you. 2. Any construction, renovation, demolition or installation operations performed by or on behalF of you, or chose operating on your behalf. D. Outer Insurance The insurance provided by this endorsement applies only [o coverages and limits o£ insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available [o the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement m provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on [he basis required by such written agreement. To the extent that [he additional insured has the right to pursue any other insurance carrier For coverage, including a defense, we shall share that right with the additional insured. Item 14. -ADDITIONAL INSURED STATE, MUNICIPALITY OR POLITICAL SUBDIVISION -PERMITS Section II Who Is An Insured is amended to include as an additional insured any state, municipality or political subdivision wi$t re spec[ [o any operations performed by you, or on your behalF, for which [he sia[e, municipality or political subdivision has issued a permit However, this insurance does not apply to: 1. "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed For the state, municipality or political subdivision; or 2. Any "bodily injury" or "property damage" included within the "products-completed operations hazard", except when required by written contract or agreement initiated prior to loss; or 3. Bodily injury, property damage or personal and advertising injury, unless negligently caused, in whole or in part, by you or those acting on your behalF. Item 15. -ADDITIONAL INSURED AND WAIVER OF SUBROGATION LESSOR OF LEASED EQUIPMENT A. Section II -Who Is An Insured is amended to include as an additional insured any person or orgaruzadon From whom you lease equipment when you and such person or organization have agreed in a written agreement [hat such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect [o liability For "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased [o you by such person or organization. There is no coverage For the additional insured for bodily injury property damage or personal and advertising injury arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured- A persons or organizations status as an additional insured under this endorsement ends when the agreement with you for such leased equipment ends. B. Waiver of Subrogation For any additional insured that obtains insured status on this policy through pazagraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in pazt, by your maintenance, operation or use of equipment leased to you by such person or organization. C. Outer Insurance LG 32 37 09 07 Page 7 of 9 This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement [o provide liability insurance for [ha[ additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that d-[e additional insured has the right [o pursue any other insurance carrier For coverage, including a de Fense, we shall share that right with the additional insured. Item 16. - IflVOWLEDGE OF OCCURRENCE Subparagraph 2. a., b. and c. of Condition 2. Section IV Commercial General Liability Conditions are amended to add the Following: As used in this paragraph, the word you refers to an executive officer ,partner, member or legal representative, and any other employee- with insurance or risk management responsibilities. Item 17. -UNINTENTIONAL ERRORS AND OMISSIONS Pazagraph 6. of Section IV Commercial General Liability Conditions is amended to add the Following: Any unintentional error or omission in the description oF, or failure to completely describe, any premises or operations intended to be covered by this policy will not invalidate or affect coverage for those premises or operations. However, you must report such error or omission to us as soon as practicable after its discovery. This provision does not affect our right [o collect additional premium or exercise our right of cancellation or non- renewal. Item 18. -BODILY INJURY REDEFINITION The definition of "bodily injury" in Section V -DEFINITIONS section is replaced by [he following: Bodily injury means bodily injury, sickness or disease sustained by a person. It includes death or mental anguish, which results a[ any rime From such physical harti-i, physical sickness or physical disease. Mental anguish means any type of mental or emotional illness or distress. Item 19. -MOBILE EQUIPMENT REDEFINITION Pazagraph 12. f.(1) (a), (b) and (c) of Section V Definitions does not apply to self-propelled vehicles of less than 1000 pounds gross vehicle weight. Item 20. -SUPPLEMENTARY PAYMENTS Section I -Coverages, Supplementary Payments - Coverages A and B, item 1. b. and 1. d., respectively, are replaced with: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including substantiated loss of eaznings up [o $500 a day because of time off from work. LG 32 37 09 07 Page 8 of 9 Item 21. - LIBERAi.7ZATION Section IV -Commercial General Liability Conditions is amended to add the following: 10. Liberalization IF we adopt a change in our forms or mle which would broaden your coverage without an extra charge, the broader coverage will apply [o rYus policy. This extension is effective upon [he approval of such broader coverage in your state. T}tis endorsement is exccutnd by the Wausau Underwriters Insurance Company Premium S Included EEfeaive Dale 03/01/12 Expiration Dace 03/01/13 for attachment to Policy No- YVJ-Z91-458727-012 Audit Basis Flat l sued To DMS Facility Services, LLC, etal ?e SECRET ?? P PENT Covnmrsigncd by - Authorized Rep esc.aatrvc l ssved Sales Office and No. End. S ?al No. 3 02/28/12 San Ramon, CA LG 32 37 09 07 Page 9 of 9 24 ?-' Hcc American Contractors Indemnity Company 601 S. Fgueroa Street, Suite 1600, Los Angeles, California 90017 main 310 649 0990 facsimile 310 649 0416 Public Works - Payment Bond No. Premium: $ 1000769526 7,718.00 KNOW ALL MEN BY THESE PRESENTS, That we, DMS FACILITY SRVICES, LLC 2861 EAST CORONADO STREET, ANAHEIM, CA 92806 as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a Corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF SANTA ANA, CA , as Obligee, in the sum of one Hundred Ninety- Two Thousand, Nine Hundred Fifty-One and 00/100-- Dollars ($ 192,951.00 ), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above-bounden Principal has entered into a contract dated with said Obligee to do and perform the following work, to wit: June 6, 2011 LANDSCAPE MAINTENANCE SERVICE FOR SANTA ANA PARKS, DISTRICT 2, AS SET FORTH IN THE CITY'S REQUEST FOR PROPOSAL 11-004 (RFP), DATED MARCH 10, 2011. THE TERM OF THIS AGREEMENT TO BEGIN ON JULY 1, 2011 AND TERMINATE ON JUNE 30, 2012 UNLESS TERMINATED EARLIER IN ACCORDANCE WITH SECTION 13 OF THIS AGREEMENT. NOW, THEREFORE, if the above-bounden Principal shall faithfully pay all laborers, mechanics, subcontractors, materialmen and all persons who shall supply such person or persons, or subcontractors, with materials and supplies for the carrying on of such work, then this bond shall be null and void, otherwise it shall remain in ful force and effect. Signed, sealed and dated this 22nd day of June 2012 DMS FACILITY SERVICES, LLC Principal By Richard E. Dotts, President AMERICAN CONTRACTORS INDEMNITY COMPANY Mich 1 R Lanpn;CJ Attomey-in-Fact HCCSZZ8111304/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On before me, Kendra Michelle lar) Nntary P11h1 it Date Here Insert Name and lIFitle of the 08icer personally appeared Michael R. Langan ._ _?...._.._ ... • -- --- ----------------- i t 66kD MICHELLE BOOTS I COMM. 1951463 capacity( ft, and that by his/ signature(4$ on the instrument the person (4 the entity upon on behalf of to ree Fg NOTARY PUBLIC • CALIFORNIA CI) which the person(lo acted, executed the instrument. LOS ANGELES COUNTY (? ty p ?? My Comm. Expires Oct 7, 2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha d and official seal.. Signature ?? Place Notary Seat Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor and Material$ Payment Bond Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Michael R. Langan Individual Corporate Officer - Title(s): ::1 Partner - L] Limited ? General Attorney in Fact -1 Trustee J Guardian or Conservator -] Other: Signer Is Representing: who proved to me on the basis of satisfactory evidence to be the person( whose name(j@ is/a&, subscribed to the within instrument and acknowledged to me that he/ executed the same in his authorized Number of Pages: Signer's Name: ? Individual F1 Corporate Officer - Title(s): ? Partner - ? Limited General ? Attorney in Fact ? Trustee _J Guardian or Conservator ] Other: Signer Is Representing: Top of thumb here w?c?t?c? ._. - - - 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotaryorg Item #5907 Reorder: Call Toll-Free 1-B00-876-6827 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Michael R. Langan of Pasadena, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****One Million-Eight Hundred Sixty Three Thousand***** Dollars ($ ** 1,863,000.00** ). This Power of Attorney shall expire without further action on December 8, 2012.This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15th day of June, 2009. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals Voa?aCTogr ? wtoRPOwtiEO y SEPT. 26, State of California County of Los Angeles SS: EptU T UEA By:Daniel P. Aguilar, Vice President On this 15th day of June, 2009, before me, V. Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ? ? ,_ Y ht!;iCti? + ? stn ti sine +M MOO Motaty PAim - calitotgPa Los Anpelas County Comm, txpkes nc 6, 2012 Signature (Seal) ),r•.w I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. KCL In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California thisi- day of 11_U _r\ ?. ,COI ?.. Corporate Seals `o??p?CTO,er?y0 i$? j 9PT Bond No. Ctq?TS Cli J?r7'7?gj26 SEAL - co N a 1eco?eolutEo Agency No. 1 ?q SEPLU,Im ^ r ry b + da Jeannie J. Kim, Assistant Secretary AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BOULEVARD, 9"' FLOOR, LOS ANGELES, CA 90045 (310) 649-0990 CONSENT OF SURETY BOND NO. 1000769526 PRINCIPAL: DMS FACLITY SERVICES, LLC 2861 EAST CORONADO STREET, ANAHEIM, CA 92806 OBLIGEE: CITY OF SANTA ANA, PARKS, RECREATION AND COMMUNITY SERVICES AGENCY 26 CIVIC CENTER PLAZA, 2nd FLOOR, SANTA ANA, CA 92701 PROJECT NAME: PARKS LANDSCAPE MAINTENANCE SERVICES DISTRICT 2, AS SET FORTH IN CITY'S REQUEST FOR PROPOSAL 11-004 (RFP), DATED MARCH 10, 2011 CONTRACT DATED: JUNE 6, 2011 CONTRACT/PROJECT NO: A-2011-148 The AMERICAN CONTRACTORS INDEMNITY COMPANY consents to: (Name of Surety) , hereby AMEND AGREEMENT OF JUNE 6, 2011 TO EXTEND THE TERM FOR AN ADDITIONAL NINETEEN MONTHS, AND PROVIDE COMPENSATION FOR SERVICES PROVIDED DURING THE EXTENDED TERM. THE NEW EXTENDED TERM SHALL COMMENCE ON JULY 1, 2011 AND TERMINATE ON JANUARY 31, 2014. Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond or contract. Signed and dated on June 22, 2012 AMERICAN CONTRACTORS INDEMNITY COMPANY Surety Company By: IA-t. 1 G Alt Signature f Autho 'zed Rept Michael R. Langan, Attorney in Fact Name and Title HCCSCA472B10105 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles "Y` -2-2 2(:'dC? Kendra Michelle Boots Notary Public On - _ ) before me, r Y Date Here insert Name and Title of the Officer personally appeared Michael R. Langan Name(s) of Signer(s) I KENDRA MICHELLE BOOTS C.f OF COt? M. IF 1951463 < NOTARY PUBLIC - CALIFORNIA N > LOS ANGELES COUNTY t " My Comm. Expires Oct 7, 2015 j who proved to me on the basis of satisfactory evidence to be the person0whose name$) isl+0subscribed to the within instrument and acknowledged to me that heliftift executed the same in hiss authorized capacity(fj, and that by hislOOM signatureo on the instrument the person(fA. or the entity upon behalf of which the persoracted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary seal Above OPTIONAL ? r Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) CO^J S Z-All- Of 5t RrXy Signer's Name: Michael R. Langan E, Individual Corporate Officer - Title(s): Partner - E: Limited E General Attorney in Fact Trustee Tap o thumb here L Guardian or Conservator L Other: Signer Is Representing: ICAN ITY Number of Pages: Signer's Nai Individual Corporate Officer - Title(s): _ Partner - '--Limited E General E Attorney in Fact F.i Trustee r! Guardian or Conservator E Other Signer Is Representing: Sop d Rxvnb here ??..'?- _ -?'?t='..u?'?--..'?-..?:?' =`.:'?=?._.=!:: _'v?? .:?.. u-... ? ?? ?t:'t!+; c_•'.:?.ti-'. ..._> w Y'?.`. 'v'?-.. ?%c.?-,?iY _?`? ='? 02007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 • vnw.NationalNotaryorg Item #5907 Reorder: Cad Tod-r-ree 1-800-876-6827 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Michael R. Langan of Pasadena, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****One Million-Eight Hundred Sixty Three Thousand***** Dollars (S **1,863,000.00** ). This Power of Attorney shall expire without further action on December 8, 2012.This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15`h day of June, 2009. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals Vo?taCTORSyo Z5 uuoRPMTEO y SEPT.26,19" State of California County of Los Angeles SS: S7l CIO 4 SEAL pEC/q, 5 T IX J' yb + a By. i'1-'_ tib a Daniel P. Aguilar, Vice President goo a On this 15`h day of June, 2009, before me, V. Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ?.. l u Wri%tiT ? 11 ? ? ` i? n ? ar?26tte Nar t N Mhr • Calrfornia z y I Mntyei¢s County . Signature SealM1av Cr nro_ 9rRUes 03e &'. 2012 I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witne Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this ?iLn? day of "I- lu nip Corporate Seals 26c,11 ?.ZI VO?ta'cro'ir?yo 5vTC/q?T< Bond No. /Op , v 3 wcoRPOUTEO ca SEAL ^ 1 ? 9 W SEPT. 26,1990 Agency No. 1 S • C4cIFpR1i? • * 00 q?q Jeannie J. Kim, Assistant Secretary