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HomeMy WebLinkAboutAZTECA LANDSCAPE-2015City of Santa i" n * Clerk of the Cou Al AGREEMENT TERMINATION FORM COTC Office Use Only Please complete this form when the attached agreement and all FEB -6 PM 3: ?6 amendments (if any) are no longer in effect. CI Y OF SANTA AN% CLERK, DP COUNCIL Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with bz+erg ,.. o yChC Ja l No. 20o— lock was completed on hols and final payment has been made. (List all amendments. Use space below if needed.) Department: p$cj:;A Phone/Ext.: Signature: � Date: q I2g bn lq Revised 08-23-10 A- 2013 -109 INSURANCE &T ON FILE WORK MAY N' PROCEED CLERK OF COUNCIL A E: 8 -5--13 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 15th day of July, 2015 by Azteca Landscape, Inc., a California corporation (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. 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 4, as set forth in the Specification for Routine Maintenance, attached hereto as Exhibit A, attached hereto, in conformance with City's Request for Proposal 13 -010 (RFP), dated May 14, 2013 on file at the Parks, Recreation and Community Services administrative offices and the maps included therein, and Contractor's Proposal dated June 6, 2013, attached hereto as Exhibit B. All referenced documents are incorporated in this Agreeement by reference. The Executive Director of Parks, Recreation and Community Services Agency may order additional services, as set forth in Section 3.e., below, for unanticipated but necessary services required during the term of this Agreement. 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 set forth in Contractor's proposal, attached hereto as Exhibit C and incorporated by reference. The amount to be expended for services shall not exceed One Million, One Hundred Seventy -Four Thousand, Nine Hundred Twenty -Six and 06/100 Dollars ($1,174,926.06), plus a ten percent contingency for unanticipated work required during the 18 month term of this agreement. b. Invoices. 1. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. 2. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and/or name (if applicable) iv. Work site address /location (if applicable) v. Unit cost, subtotals and total for invoice c. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parldng control enforcement services. d. Extra Work. No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. :�I M This Agreement shall commence on August 1, 2013 and terminate on January 31, 2015, 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 and not - contributory 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. 7. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims for bodily injury, death or damage to property, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever, which may arise from or in any manner relate to, directly or indirectly, work performed or services provided pursuant to this Agreement, including without limitation, defects in workmanship and /or materials, or Contractor's presence or activities conducted performing the work (including the negligent or willful acts or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors and subcontractors). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims slid liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation on the amount of indemnification to be provided by the contractor. 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 With courtesy copies to: City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M -75) P.O. Box 1988 Santa Ana, California 92702 Fax 714 -571 -4211 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Contractor: Azteca Landscape, Inc. Attn: Noe Farias 1027 E. Acacia Street Ontario, California 92716 Fax 909 - 673 -9192 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. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. 15. 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. 16. 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 13 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. 17. 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. 18. 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: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City �Atttorney By: I�C�.� Xt. a r LatEa Sheedy Assistant City Attorney CITY OF ANA i KEVIN O'ROURKE Acting City Manager AZTECA LANDSCAPE, INC. 2� c'/ NOE FARIAS Vice - President EXHIBIT A SPECIFICATION FOR ROUTINE MAINTENANCE PARK LANDSCAPE MAINTENANCE SERVICES SPECIFICATION IN DISTRICT 4 AUGUST 1, 2013 CITY OF SANTA ANA Parks, Recreation and Community Services Agency 26 Civic Center Plaza Santa Ana, CA 92701 CITY OF SANTA ANA SAMPLE REQUEST FOR PROPOSAL FOR TABLE OF CONTENTS I. INTRODUCTION 4 Ih. PERIOD OF CONTRACT 4 III. OPTION OF RENEWAL 4 IV. FISCAL NONFUNDING CLAUSE 4 V. PROPOSAL DEPOSIT AND PERFORMANCE BOND 4 VI. SCOPE OF WORK /SERVICES 5 VII. GENERAL INFORMATION 5 VIII. COORDINATION 5 IX. PROPOSER RESPONSIBILITIES 6 X. LICENSE REQUIREMENTS 6 XI. INITIATION /KICK OFF MEETING 6 XII. CITY BUSINESS LICENSE 6 XIII. ADDENDA 6 XIV. RULES FOR PROPOSALS 6 XV. PRE- PROPOSAL CONFERENCE 6 XVI. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 7 XVII. SUBMITTAL INFORMATION AND DEADLINE 7 XVIII. SUBMITTAL REQUIREMENTS 7 XIX. CONTRACTOR SELECTION - PROPOSAL AND EVALUATION 8 XX. PUBLIC RECORDS 9 EXHIBIT A SCOPE OF SERVICES 10 ATTACHMENT 7 BALL DIAMOND IN -FIELD MAINTENANCE 28 ATTACHMENT 2 ANNUAL COLOR PLANTING AND MAINT. 37 ATTACHMENT 3 TREE PRUNING SPECIFICATIONS 38 ATTACHMENT 4 AGRONOMIC PLAN 47 ATTACHMENT 5 MAPS 48 ATTACHMENT 6 POLICY FOR DRIVING ON PARK PROPERTY 49 ATTACHMENT 7 STA MUCLH & SEED TOPPER TESTING REQUIREMENTS ATTACHMENT 8 APPROVED EQUIPMENT EXHIBIT B SAMPLE AGREEMENT 50 EXHIBIT C PROPOSERS CERTIFICATION AND COST PROPOSAL 57 EXHIBIT D OFFERERS REFERENCES 58 EXHIBIT E PROPOSERS STATEMENT 59 EXHIBIT F CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 60 EXHIBIT G RESPONSIBLE PROPOSER - SUPPLEMENTAL QUESTIONNAIRE 62 EXHIBIT H NONCOLLUSION AFFIDAVIT 65 EXHIBIT I SAMPLE ADDITIONAL INSURED ENDORSEMENT 66 District 4 Park Landsrane Snerifiratinn CITY OF SANTA ANA SPECIFICATION FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 INTRODUCTION The City of Santa Ana is issued a Request for Proposals (RFP) for providing park landscape services in District 4 for 16 parks and other properties listed in Exhibit C. The detailed specification which includes Exhibit A describes the quality of work that is expected from the contractor. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of 18 months with four one -year options. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required bonds and insurance documents. The projected contract award date is July 15, 2013 and may be adjusted as necessary. III. OPTION OF RENEWAL The term of this agreement may include provision for renewals as set forth in the Scope of Services, attached as Exhibit A. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. V. PROPOSAL DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five percent (5 %) of the total proposed annual contract amount set forth in Exhibit C accompanied each proposal. The proposal deposit was in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WERE ACCEPTED. Proposal deposit of the unsuccessful proposers were returned upon award of contract by the City. The successful proposer shall supply a payment bond in the amount of fifty percent (50 %) of the successfully awarded total annual contract amount of the proposal prior to execution of the contract. Upon receipt of the payment bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful proposer fails to execute the written contract and furnish the required payment bond, or to satisfy any other conditions present within a reasonable time as determined by the City. The payment bond is to be renewed annually and submitted by the contractor in the amount of 50% of the annual contract amount. District 4 Park I_andacana Rnanifinatinn VI. SCOPE OF WORKISERVICES The scope of work may include any and all work efforts related to the Landscape Services as set forth in EXHIBIT A - SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with City residents, businesses, government officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. The contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes. VII. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council and approval of required bonds. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer was responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at pre - proposal conference, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserveed the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents and other products used, developed, or produced during response preparation of the RFP became property of the City. All responses to the RFP became property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act, The City reserved the right to reject, replace and approve any and all subcontractors. All subcontractor(s) were identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. VIII. COORDINATION Coordination by the awarded proposer with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with neighborhood and civic groups, local and /or state agency boards, and attendance at City Commission, Agency, and Council meetings,. The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the proposer's direct contact, by the proposer acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. District 4 Park I.nnrlsrana Snorifira4inn IX, PROPOSER RESPONSIBILITIES The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. X. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a valid California C27 Contractor's license. XI. INITIATION /KICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. XII. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XIII. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal resulted in an addendum or amendment by the issuing office. Notification of such addendum or amendment was effected by posting on City's website, as set forth in the Notice Inviting Proposals. XIV. RULES FOR PROPOSALS The signer of the RFP declared in writing that the only person, persons, company, or parties interested in the proposal as principals were named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal had full authority to bind the proposer (Exhibit H). XV. PRE - PROPOSAL CONFERENCE A pre - proposal conference was scheduled on May 23, 10:00 a.m. at 26 Civic Center Plaza, Santa Ana, (Library Meeting Room A - Second Floor). The meeting included a brief discussion of the specifications and was followed by a question- and - answer session and job walk. All questions were required to be submitted in written form. After the pre - proposal conference, City responded by posting and addendum on the City website (santa- ana.org /bids - rips). It was highly recommended that proposer operation /field supervisors attend this meeting. XVI. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers were required to monitor the City's Bid and RFP page at Santa- ana.org /bids -rips. No oral interpretations were made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation was to have been made in writing via e-mail to District 4 Park Landsrane Snarifiratinn the projects manager no fewer than five (5) calendar days prior to the date and time set for opening of proposals. Significant interpretations or clarification were made by an addendum to this RFP, which were posted to the website. Addenda became part of the agreement documents. XVII. SUBMITTAL INFORMATION AND DEADLINE Proposals were due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals were not be accepted. XVIII. SUBMITTAL REQUIREMENTS The RFP was intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. One (1) original of the response to the RFP shall be signed by a company official with the power to bind the company. B. Six (6) copies shall also be provided. C. One (1) pdf copy of the submittal on a compact disc, USB flash drive or equivalent. Each firm addressed each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications was required to be limited to a MAXIMUM of 20 PAGES (excluding front and back covers, section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. The following information was required: Cover Letter — A letter signed by a principal or authorized representative who made legally binding commitments for the entity. Firm and Personnel Experience: A profile of the firm's experience, including the names and experience of personnel and subconsultants who will be providing services. At a minimum, this was recommended to include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. Implementation Plan: Proposer submitted a general description of the deliverables and timelines to implement the project. 4. Proposal Deposit (Bid Bond): Five - percent (5 %) of the total proposed annual contract amount of the proposal in Exhibit C. 5. Irrigation Certification: Proposer submitted one of the acceptable irrigation certifications listed on page 9. District 4 Park Landscape Specification B. EXHIBIT C — PROPOSERS CERTIFICATION AND COST PROPOSAL C. EXHIBIT D — REFERENCES — The Proposer submitted a list of agencies, past and present, for which you have provided work similar to the scope identified in this RFP (Exhibit A) within the last 5 years. D. EXHIBIT E - PROPOSERS STATEMENT E. EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR EXHIBIT G — RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE G. EXHIBIT H — NONCOLLUSION AFFIDAVIT The proposal must have been completely responsive to the RFP. Any deviations to the requirements of this RFP must have been included in the proposal. Such exceptions must have been included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. The City reserved the right to reject any or all proposals submitted and no representation was made hereby that any contract will be awarded pursuant to the RFP or otherwise. The City reserved the right to waive minor inconsistencies in submitted proposals. XIX. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted took the following items into consideration: The response to this Request for Proposals should have contained documentation of contractor's credentials and expertise in this field. Consideration was given to contractors with demonstrable and documented experience in similar work. An evaluation reviewed the responses received and interviewed the companies who submitted the most responsive proposals. The following evaluation criteria and weights were used to evaluate the bids: Capability and Experience of Contractor (25 %) 1. Ability of contractor and his /her ball diamond infield maintenance sub - contractor to obtain the staff and equipment necessary to perform specifications as outlined in the contractor's business plan 2. Qualifications of certified irrigation techs assigned to this job, and number of FTE's assigned. Required documentation must be submitted with proposal. 3. Training and safety precautions taken to perform specifications 4. Experience of supervisory and management staff assigned to the contract 5. The value of any new product or service suggestions or other new ideas or enhancements 6. List of equipment by manufacturer's name, model number, hours in service and attachments to be used during the agreement period. Past Performances (25 %) 1. Past record of performance on contracts of similar size and scope with Santa Ana or other governmental agencies including such factors as reliability, adherence to specifications and compliance with contract terms and conditions 2. Past record of performance on requests for extra work, including ability to accurately bid jobs, cost competitiveness, and quality of work District 4 Park I anrisrana .4'narifiratinn 3. Acceptable, verifiable references and site reviews Cost of Proposal (50 %) 1. Cost of base proposal 2. Cost of specialized services Based upon the foregoing criteria, all proposals were ranked by score. Only those proposals receiving a score above 70 were considered for award. The City reserved the right to award the contract to any proposer with a score above 70. The proposals were reviewed by a committee of City team members. The committee evaluated proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score was calculated for each submitted proposal and used to rank the proposers. The committee interviewed the top tier of proposers and recommended award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interviews or further discussions. XX. PUBLIC RECORDS Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. District 4 Park Landscape sner tiratinn EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for providing park landscape maintenance services in District 4. I. GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. City -Director's Authority The 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, and 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 City determines that no extra costs are involved. The Director shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his /her discretion. 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 8:00 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. District 4 Park Landscape Specification b) Submittals Prior to contract commencement, and by the first of every month thereafter, Contractor shall submit to the Director for approval the Excel Park Maintenance Inspector's Inspection Schedule including: 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) type and quantities of equipment, materials and /or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as 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, contractor's license number and contact information 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 District 4 Park Landscape Specification 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. 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 exceed the monthly EAW then the Contractor shall pay the cost of the excess water. water applied 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. District 4 Park Landscape Soecification 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. 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. City will pay up to 15% mark -up on parts. 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. Scheduling 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 on the City's Excel Park Maintenance Inspector's Inspection Schedule. A copy of these schedules shall be provided to the Director prior the District 4 Park Landscape Soecifinnfinn Performance, and any changes in scheduling shall be reported in writing on the Excel Inspection Schedule 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 Technicians in each district who Possess, at minimum, the qualifications described in Section ILEA.e.7. Irrigation Techs shall manage each site's irrigation controller programming, performance and maintenance including, but not limited to, performing all irrigation checks /report writing and performing repairs and /or, modifications to the irrigation system. Your proposal will be evaluated on the qualifications of this individual and the amount of FTE's you assign to each district. Copy of certificate is required with proposal submittal. 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 District 4 Park Landscape SDecifirafinn 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. 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 their 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 C. 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 Mowing All "casual" turf (non- sporf/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 or rotary 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 Mowing 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 1/2" 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 District 4 Park Landscape Specification sport/priority turf lower than 1/2" if necessary. Note that the ball diamond infield maintenance sub - contractor shall be responsible for mowing turf infields, including foul territory turf area, 36" beyond the skinned infield arc, and other designated ball diamond turf areas. (see Attachment 1). c) 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. (1) The Contractor shall use the McClain's edger, or approved substitute, 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. (2) 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. Shovel cut detailing shall be repeated a minimum of every 3 months to maintain crisp evenly round lines. (3) 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 three times per year (first week of January, July, 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. District 4 Park Landscape Specification (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 AEWs 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 Contractors 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. Fullerton College Certificate of Proficiency in Landscape Irrigation Program b. UC Riverside Certificate in Landscape Irrigation Certificate Program c. Irrigator Tech Certificate Program (must possess all of the following): i. Certified Irrigation Repair Technician (CIRT) ii. Certified Irrigation Auditor (CIA) iii. Smart Water Certified (SWC) iv. Certified Irrigation Installer (CII) (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, Poe 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. District 4 Park Landscape Specification (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 type weeds germinate, the Contractor shall control the weeds immediately upon recognition by way of selective and /or broad - spectrum post emergent herbicides and methods approved by the Director. g) Replanting -all 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 spor/priority turf four (4) times per Year in March, June, September, and December. Aeration shall be performed by AerWay aerator using shatter tines. Contractor shall perform multiple passes (in the same direction) in heavier compacted areas. i) Sport/Priority Turf (1) Renovation: Once (1) per year during the spring /summer 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 Y4" 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 %. Seeding shall be performed followed immediately by covering the seed with Santa Ana Mix (STA tested and approved %" minus compost seed topper pre mixed with California Organic 7 -1 -2 Phyta Boost fertilizer at a rate of 35 cubic yards per acre using a Dakota Turf Tender or approved equal). The field shall be top dressed using USGA approved mix at Yd' prior to seeding to provide a 100% flat playing surface using a Dakota Turf Tender or approved equal. District 4 Park Landscape Specification 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, US Composting Council STA tested and approved compost mulch 2" minus by' /" thick minimum twice per year (third week of December and June) and as necessary to maintain uniform and complete coverage. Leaf litter and other organic materials other than mulch shall be removed on a continuous basis. c) Fertilization The Contractor shall fertilize all groundcover areas once per year using California Organic Phyla Boost 7 -1 -2 fertilizer premixed with Yd' minus US Composting Council STA approved and tested compost at a rate of 35 cubic yards per acre (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) Pruning /trimming District 4 Park Landscape Specification 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 set 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, US Composting Council STA tested and approved compost mulch 2" minus by ''/2" thick minimum twice annually (third week of December and June) and as necessary to maintain uniform and complete coverage. Leaf litter and other organic materials other than mulch shall be removed on a continuous basis. d) Fertilization The Contractor shall fertilize all shrub areas once per year using California Organic Phyta Boost 7 -1 -2 fertilizer and Yd' minus US Composting Council STA approved and tested compost (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 November 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 District 4 Park Landscape Specification 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" and fallen limbs 80 lbs. or less. b) Staking, Tying and Guying All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director. Rubber hoses and wire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. c) Mulching of Bare Areas In designated tree ring areas where bare soil is visible the Contractor shall apply US Composting Council STA tested and approved compost mulch 2" minus by '/2" thick minimum two time per year (the third week of December and June) and as necessary to maintain uniform and complete coverage. Leaf litter and other organic materials other than mulch shall be removed on a continuous basis. 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. District 4 Park Landscape Specification 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 Planting, 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 —AII Areas a) Weed Control All hardscape and landscape 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 Contractor, in accordance with the Agronomic Plan — Pre - Emergents shall apply Dimension and Gallery to all turf areas (accept sport/priority fields due for renovation within twelve weeks) two times per year and Snapshot to all groundcover /shrub areas two times per year. Note that when applying Snapshot Contractor shall take precaution not to overlap the application on to adjacent turf. Should damage occur to adjacent turf the Contractor shall remove the damaged turf and replace the affected area with Greg Norman 1 Hybrid Bermuda sod to the satisfaction of the Director. Beginning in April all turf shall be sprayed /applied with post- emergent herbicides Revolver (16 -17 oz/acre), Speedzone non -ionic surfactant and ferrous oxide pre -mixed in a tank, per the agronomic plan. All applications shall be applied by a state licensed Qualified Applicator using calibrated boom sprayer with appropriate nozzles. Following the initial application of post- emergent herbicide the Contractor shall continuously apply post emergent herbicides to eradicate all turf of turf and broadleaf weeds. 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, rats, squirrels, or District 4 Park Landscape Specification 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. Note that rodents, such as rats, if found in the landscape, regardless of whether or not they inhabit adjacent buildings, are considered agricultural pests and shall be treated as a part of this agreement. (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 Technician 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 alternate irrigation with full and proper coverage to all areas in the work site at no extra cost to the City. (2) Newly planted trees, shrubs, ground cover and turf shall receive adequate water to promote normal healthy growth. Proper berms or basins shall be maintained during 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. District 4 Park Landscape Specification c) Water Conservation (1) The Contractors Certified Irrigation Technician 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 Irrigation Technicians 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. All repairs shall be performed by Irrigation Technicians and shall be "tagged" using the City's "tagging" system noting the Company and Irrigation Tech that performed the repair, the date of the repair and the Contractor's and Irrigation Technicians contact information. All repairs shall be warranted for two years from the date of the approved repair. All head and lateral lines shall be repaired within one week of discovery of malfunction /repairs needed. All other irrigation repairs shall be performed immediately following approval of the work. (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 non - pedestrian paved areas, including but not limited to paved parking lots, curb gutters, pool decks, stamped or other enriched hard roadway surface areas, shall be thoroughly cleaned once every other week between Monday and Friday. Vacuums, District 4 Park Landscape Specification 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, and trash. The City shall approve any equipment that is to be used for cleaning hardscape. Large trash items in excess of five inches length or width, a muddle of smaller items, spills, and any material (including tree /plant material) that creates a safety hazard shall be picked up daily. 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) Pressure washing (1) General Hardscape Areas — Contractor shall perform pressure washing annually (second week of May) to remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces including, sidewalks, and all other improved hardscape areas. (2) Sport Court Pressure Washing — see Section 12 below. (3) Priority Hardscape Areas - Contractor shall perform pressure washing quarterly (second week of July, October, January, and April) to remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces within 50 feet of all park buildings, all areas adjacent to parking lots, and all areas between parking lots and park buildings to achieve a consistently clean surface, free of all stains and foreign material. d) Site amenity cleaning — Contractor shall maintain 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, etc.) and park benches shall be cleaned daily Monday through Sunday to assure that all trash, stains, spills, debris, glass, staples, nails, tape, wire, etc. is removed. (2) 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, torn and /or having holes) Contractor shall immediately request from the Director a new flag. Contractor shall raise the new flag immediately upon receipt from the Director. 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 District 4 Park Landscape Specification 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 bleachers, backstops, 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 USGA mix, 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. c) Weekly Maintenance (1) 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 Sport/Priority Turf District 4 Park Landscape Specification (1) 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. Seeding shall be performed followed immediately by covering the seed with Santa Ana Mix (STA tested and approved W minus compost seed topper premixed w /California Organic Fertilizer, Inc. Phyla Boost Plant Food 7 -1 -2 (33cy of compost +700 #'s 7 -1 -2 Phyla Boost per Acre using a Dakota Turf Tender or approved equal). e) Non - recurring maintenance: (1) 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 approved USGA mix 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 USGA mix at W. Apply with Dakota Turf Tender or an approved top dressing machine that will achieve a level playing surface. 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 pressure 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 pressure washed down monthly to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. d) Contractor shall continuously replace tennis and basketball nets when they become worn or vandalized. 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 parking lots, landscape areas, paved areas, street curb gutters, flood control channels, etc. Trash shall consist of all items 80 Ibs, 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. District 4 Park Landscape Specification 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 lbs. 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. 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 Baseball /Softball Diamonds per the specifications and conditions listed below. 1.2 REQUIRED SUB - CONTRACTORS Contractor shall enter into separate agreements with one of the contractors listed below. These sub - contractors shall perform all ball diamond specialized maintenance in accordance with this specification. District 4 Park Landscape Specification • Major League Softball 621 E. Walnut Ave. Burbank, CA 91501 (818) 559 -8787 office • Professional Sports Field Maintenance, Inc. 23 Emerald Glen Laguna Niguel, CA 92677 Phone: (949) 661 -0493 • Elite Infield Maintenance linda@eliteinfields.com Other ball diamond subcontractors that can demonstrate a history of providing equal quality ball diamond maintenance services in other cities may be considered. 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 Centennial Park 2.2.1 Two (2) 60' base path Girls Softball /Major Little League diamond with skinned brickdust infields. 2.3 Heritage Park 2.3.1 One (1) 60' base path Girls Softball /Major Little League diamond with skinned brickdust infield. 2.4 Jerome Park 2.4.1 One (1) 80'/90' base path Little League Junior /Senior diamond with skinned brickdust infield. 2.4.2 Two (2) 60' base path Little League diamond with skinned brickdust infields. 2.5 Thornton Park 2.5.1 Three (3) 60' base path Girls Softball diamond with skinned brickdust infield. 2.6 Windsor Park 2.6.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield. 3.0 Schedule of Work to be Completed Adams Park: 5 Days per wk, Feb 1 s' to July 151h 1 Day per wk, July 16th to Jan 31" Centennial Park: 5 Days per wk Feb 1 sc to April 31st 1 Day per wk May 1st to Jan 31't Heritage Park: 1 Day per wk Year round District 4 Park Landscape Specification Jerome Park: Field #1 5 Days per wk, Feb 1"to July 15" 1 Day per wk, July 16" to Jan 315` Field #2 & #3 1 Days per wk Year round Thornton Park: 5 Days per wk Year round Windsor Park: 3 Days per wk Feb 15c to July 15th 1 Day per wk July 16'" to January 315` 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: Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). 4.2 Pitchers Mound /Home Plate /Basepath 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. 4.3 Warning Track When adding field composition mix to ball diamond warning tracks the specified type of material to be used is: Stabilizer Solutions Stabilizer Warning Track 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 Drag: Used to scratch u p shall be made of heavy -duty steel Digging teeth shall be hardened and shall be included. or loosen up the skinned area. The drag capable of carrying additional weight ('s). pointed and be' /" in diameter. Pull chain District 4 Park Landscape Soecification 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. Nail Drag: Used to lightly roughen infield surface. Use True Pitch Mound Nail Drag or approved equal 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 Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 5.3.3 Grade or Grooming 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" to 1" 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 Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile- covered sponge typical for absorbing chemical spills. District 4 Park Landscape Specification 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 clean and 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 /worn 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). niOrint 4 Park I_andcnana Snenifinnfinn 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. 7.3.7 Wet area until moist using a hose and power nozzle. Cover areas with calcified clay and infield brick dust mix. 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 /worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (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 borne. 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 drag at this spot 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.if 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 'W minimum. 8.0 Rainy Weather/Wet Field Procedure 8.1 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 /sopper system. 8.1.2 Rake out (scarify) wet areas. 8.1.3 Apply Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) from stock to all Wet Areas and Rake Out. Cap with calcified clay Turface. 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 Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Cap with calcified clay Turface. 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 "/" 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. District 4 Park Landscape Specification 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 Stabilizer Solutions Stabilizer Gold Infield Mix (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. In addition, contractor shall install 1/2" new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) to in- fields at all diamonds (minimum 25 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. 10.1.3 Contractor shall rebuild pitcher's mound and batters boxes to MLB specifications for high school /college /senior- junior diamonds and Little League specifications for Little League major diamonds using Hill Topper Mound Mix capped with calcified clay by Turface. 11.0 Work To Be Completed "AS DIRECTED" 11.1 Replace Base ANCHORS as directed. Note: City of Santa Ana use's the Hollywood 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. Home plate shall be 1" above finish grade of batters circle. 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 1/2" and'/" per staff's direction. 12.1.3 All turf clippings shall be collected and disposed of. 12.1.4 Edging of infield arc shall be performed by infield sub. 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 and /or turf type 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 ''/4" high immediately following verticutting; 3) overseeded with Stovers Seed Company Bermuda Dunes at a rate of 8 pounds of seed nl0rirt 4 Park I anrjRnnnc Snanifirafinn 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. Ncfrich d Park I anrlsnane Rner.ifinnfinn ATTACHMENT 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: f 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/Wlnter 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. Ngtrirt 4 Park I and.grana Snarificafinn ATTACHMENT TREE PRUNING SPECIFICATIONS 1.0 INTRODUCTION 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 District 4 Park Landscace Specification 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 out 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. 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. 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. 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. m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved and protected whenever feasible, unless doing so would create a hazard. r)ie+rir+A Dorh I owio,nna Anorifirofinn 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. L Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3) to five (5) feet of secondary electrical lines. 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 niefrir4 d Park I anrlcrtana Rnanifirafinn 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 buildingE Generally, limbs closer than five (5) feet to a building unless doing so would severely damage a tree. 3) Clear trees of sprout or sucker growth to a minimu level. Exceptions are allowed for young trees, which pruning action. or other structures or traffic signs. or other structure should be removed m height of eight (8) feet above ground would be irreparably damaged by such 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 2133.1 -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. Ngfrint 4 Park I andscane Snecifination 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. 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 SAPRF 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 SAPRF 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. All 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 nictrint d Park i nnricrane Specification 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 2133.1 -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 n Dom., 1 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 INSPECTIONS 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) 422 -4133) 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 rliOHM d Park I gnrianana Snecifinnfinn 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 2133.1 -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 SUBSTITUTIONS 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 the job 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 Iiic+rlr +A Park I anricrana Snarifiratinn (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. r)ie4rir4 d Park I anrkrana Rnarifiratinn ATTACHMENT AGRONOMIC PLAN (SEE ATTACHED) niefrfrf d Park I nnrisranP Snecificafion qe T e �a e F M � r yea t � m° a H S a< is r a n� t � n r b � d Zap E r a c aa6 °� a S r a - � =z car E a a E ssa+pdol m n�w"rJm an n��ry mam N N o�ima o ssa+pdol N C a N.v o om� � N a ry .s PaaS to A] 0 PaaS to A7 N ^6866 ITIM ao s4e9 JO'oN N o d a a �Sg 91'+azllP +ad ry m m ry 41 -A nxm .. ^ baN a ^ < vii m +azll9+a1 0 ^6 o o o 0 0 ^66^ ~ m ;a 91 /N 0 0 TNT a° 0 0 0 0° 0 0 0 0 0 0 m m m N N l9 2 "i m m m m m m ds/ai -N ° 0 0 0 0 0 0 0 o a dS /aleN m a m o d d o M m m '¢a+tl Nal n u m b e t a u v t tt a w 0 ails 3 ails E a a u S° 8 E E p b v ESE o ssa+pdol m n�w"rJm an n��ry mam N N o�ima o N C a N.v o om� � N a ry .s ssa+pdal 0 PaaS to A7 N ^6866 ITIM ao ml 10 oN 6 ° o d a a �Sg s8e9 )o'oN ry Nan 41 -A nxm baN a ^ < vii m azpN+a; o ^6 ^ b o o F g m y ^66^ ~ m ;0 91 /N 0 0 TNT a° o 0 0° 0 0 0 0 0 0 m yE Q m U N l9 2 "i K �I ti m ds/ai -N ° m o o o o m a m M m m '¢a+tl Nal n u m b e t a u v t tt a w 0 3 ails ESE <s Nman m mtiM ssa+pdol m n�w"rJm an n��ry mam N N o�ima o N C a N.v o om� � N a ry .s PaaS ;o AD 0 N ^6866 ITIM ao ml 10 oN 6 ° o d a a �Sg 91'+aalP Nan nxm bx+adp a _c�va�m�a +axllll+al 6 ^6 ^ b o o F g m y ^66^ ~ m I. 91 /N m c m e n m yE Q m U N l9 2 "i K �I ti m i5 /aiey ° m o o o o m a m M m tt 3 acls ESE <s Nman m mtiM a a a c a i, h arvi � a 1 a � ^ Ate.: � o t V � � � N O a n; r: a U � a ; V Q j qa`F A�`a tl ° Y u u 4 0 ' 6 r a "2 og� `aF e a gar no °ry an n��ry N N ° � o N C a N.v o om� � N a ry .s o 0 11111 ^6866 ITIM ao 0 6 ° o d a a �Sg Nan nxm rve,^o _c�va�m�a F g m y ~ m m c m e n m yE Q m U N l9 2 "i K �I ti m a m m o o tl ° Y u u 4 0 ' 6 r a "2 og� `aF e a gar ry c ° � o m � N a ry .s o 0 ^6866 0 6 ° a nxm rve,^o _c�va�m�a F g m y ~ m m c m e n m m a m tl ° Y u u 4 0 ' 6 r a "2 og� `aF e a gar ry c ° � o 0 6 ° a _c�va�m�a m c m e n m ATTACHMENT MAPS (SEE ATTACHED) nictrict d Park 1 andRCane Specification ATTACHMENT 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 a job 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. n ❑-A, i nnA.,n� Cnc niFinnfinn Ln PM8 myuy OVW I Ptl PI U _ .. N o d D d Of m � d L L N `-ina'a a I D 0: r g _ u � 4 N N m w !Q 4M0440018 ,, ueimapad - -_._ _ - -any UOtIVI Mayaari - .....__�.._., 11eJ1 X118 Jan1a eub' l any aioow M T J a q_ N � N CD to W any /�re� Ni N V; o m L E D r F A v' , fD �Q a6eluep M p wany wonsJI Bag /N W co N C A r t, �n '6 fit Nil j �eFF .E ter iNYar NiMW ' i 0 r � \ 3 Y 6 �n d - -- C6 a y n X Y s LU LL 3 +� W o O LL N Ln Q aAW, WOJjSJOb0S ,M )m H AA 1. gpv,fib cu 0 t 09 CD . �aAV M1eR +NI hA 13 ■ yr Im LL a) N J H W Y m J J Z W W r� V Y a a W H W 911V N=JOlW4vo A 1 -ILI i N Q D J H W H H o U � O a rU U) LJ �a i v h C6 a 1� Q Z Q Q Z 4 �r <r Q IY O n r O O O 0 O i D O N�.J. W MRNH� '3AV woalsn3038 m 101 AV1! V3HV aAlBOYd IMIMIRMISLO 0 3 MY1 0� Diu �f ■QNY�\ M07 ." lOOHOS N300VA ow I' '3AV kl3lONVHO '3AV oz"Wo1 NVs —Ja r t' t AVM HOO1w3H V3W =18M uR101ad/IklOdS MM V3HV IOV-dINOO 0 Ln W Q A EDINGER AV. p N � N V d IIIL m W S 1 i>W lFNIFNNMLL L RCdPiPll 5EGER9ROM G w•� Fi kw€ aY. MAG0.TH JR BLVD. al nmu •G m ° LT AV, RIKFTRAIL J ......... MACARTHUR BIL 29 Adams 38 Thornton 30 Centennial 39 Windsor 31 City Yard • Bear St. Bike Trail 32 Friendship 0 Greenville Bike Trail 33 Heritage • Gertrude -St. Andrew Bike Trail 34 Jerome • MacArthur Bike Trail Entrance 35 SAPAAL Facility • Raitt Bike Trail 36 McFadden Triangle 37 Santa Anita Exhibit 1 ATTACHMENT STA MULCH AND SEED TOPPER TESTING REQUIREMENTS The purpose of this specification is to assure that compost products, such as mulch and seed topper, are of high quality by evidence of meeting the U.S. Composting Council's Compost Analysis Proficiency Program (CAPTP) requirements. All compost products must meet or surpass all the requirements specified in the CAPTP program, including but not limited to, having compost products tested by a CAPTP certified lab. All products must be tested and approved by a CAPTP certified lab within 30 days of delivery to the City of Santa Ana. The Director's Representative reserves the right to take samples of compost products delivered or used in the City of Santa Ana and submit the samples to a CAPTP certified lab to verify that the compost products meet or exceed the requirements set forth by the CAPTP. Should products delivered or used in the City of Santa Ana not meet the CAPTP compost requirements, the City will consider this as a failure to perform by the contractor. nicfrir4 A D�,I! I nnrl cro no gnorifirnfinn ATTACHMENT APPROVED EQUIPMENT The purpose of this specification is to assure that all maintenance equipment used in the agreement is appropriate for the performance of the work specified, is well maintained and in safe condition for the operators. The Director has the authority direct the Contractor to remove a piece of equipment deemed unsafe, not in top mechanical condition, performing unsatisfactorily or for any reason deemed necessary. All equipment shall be maintained, at the least, to the manufacturer's requirements or specifications. The Contractor shall possess and maintain the following equipment, or approved equals, for the duration of the agreement. The Contractor shall also show that they have back -up equipment or can acquire back -up equipment Within 12 hours from the time a piece of equipment fails due to breaks down and /or is directed to be removed due to it being unsafe and /or is performing unsatisfactorily: Mowers 1. Fairway Reel Mower — John Deere 7500E -Cut Hybrid Fairway Mower with 11 blade reels and baskets to catch clippings. Contractor must also have verticut reels for thatch control. 2. 72" & 60" Rotary Mower — Exmark Lazar Z DS- Series diesel rotary mower with rear discharge. 3. Walk- behind Reel Mower — Jacobsen Eclipse 2122F greens mower for ball diamond turf and pitches. Turf Sweeper — Toro Rake-0-Vac sweeper 4.75 cubic yard capacity. Aerator — AerWay 3 -Point Hitch 75" wide Aerator using Shattertine blades. The aerator shall have all blades intact and not be any less than 6" in length in order to achieve 6" penetration into the soil. Top Dress Turf Tender — Dakota 420 Turf Tender with dual spinner system. Turf Slit Seeder — Land Pride OS 1572 Solid Stand Overseeder. Boom Sprayer — John Deere HD200 SelectSpray three -way folding 15/21ft. spray boom fitted on John Deere 24 HP ProGator utility vehicle. nicrrinr a Park I nnHQP.mne Rnnnifiratinn I x:11. W CITY OF SANTA ANA REQUEST FOR PROPOSALS PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this X day of XXX, XXXX by and between X (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 1, The City desires to retain a Contractor having special skill and knowledge in the field of landscape maintenance. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide landscape maintenance services. 3. 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 landscape maintenance firm. 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: DEFINITIONS II. TERMS AND CONDITIONS A. TERM The term of this contract shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to four (4) additional one - year terms on the terms and conditions set forth herein. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. B. CONTINUED FUNDING In the event funding is not allocated for parking control enforcement services during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City C. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services, the rates and charges set forth in contractor's proposal, attached hereto and incorporated by IIIdvIn4 A D —L, I .,,Icnnna Rnorifirafinn reference. The amount to be expended for services shall not exceed (dollar amount) ($ ) annually during the term of this agreement. Invoices a. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. J. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number I. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Unit cost, subtotals and total for invoice 3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. 4. Price Adjustments The parties may annually agree to an adjustment of charges (not to exceed 2 %) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles- Anaheim- Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten [10] percent.) All prince increases are contingent upon agency and City Council approval. 5. Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract 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 manner in which contractor performs the services required by this contract. 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. E. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 1. Commercial General Liability Insurance. Contractor 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 there from and damage to property, resulting from any act or occurrence arising out of contractor's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit I. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and nonowned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. If contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. C. 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. 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 contract. Such termination shall not affect contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. niatrirt 4 park Landscape Specification F. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and /or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. G. 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, sent by telefacsimile communication, or via e -mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714 -647 -6956 With courtesy copy to: Parks, Recreation and Community Services Agency City of Santa Ana 26 Civic Center Plaza, Library Second Floor Santa Ana, CA 92701 To Contractor: H. TERMINATION The City reserves the right to terminate the contract as follows: 1. In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by fMlMAM A Dort I onricnnnn Cncrifirafinn City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the City projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. CONTRACTOR OPTION FOR TERMINATION The contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one - hundred eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, contractor shall give the City thirty (30) working days to cure the alleged breach. J. LIQUIDATED DAMAGES a) If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. 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 $100 to $300.00 per inspection, per park, per day not meeting the specifications during any such inspection. K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. L. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE The contractor shall extend offers of employment to any displaced City of Santa Ana employee for a minimum of one (1) year and at a rate commensurate to his /her last base salary amount as an employee of the City of Santa Ana. Thereafter, the contractor may pay according to the ni0rint 4 Park I anriccana Rnacifinatinn contractor normal pay structure. Contractor costs should be amortized over the contract period. M. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. N. ASSIGNMENT Inasmuch as this contract 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 City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. O. JURISDICTION —VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract 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 contract. P. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. Q. 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: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVAHALO KEVIN O'ROURKE Interim City Manager District 4 Park Landscape Specification City Attorney Bv: Assistant City Attorney RECOMMENDED FOR APPROVAL: CONTRACTOR Gerardo Mouet Executive Director Parks, Recreation and Com. Svcs. Agency Tax ID# District 4 Park Landscape specification EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 PROPOSERS CERTIFICATION AND COST PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for maintaining each of the locations and service categories listed below at the level of quality described in the detailed specifications (Exhibit A and all attachments). Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. SPECIALIZED SERVICES Location Annual Cost Routine Maintenance Annual Cost Ball Diamond Maintenance Total Annual Cost 1 Adams 2 Landscape Lead Worker 2 Bear St. bike trail b/w Segerstrom and MacArthur Tree Trimmer 4 3 Centennial 4 City Yard 5 Friendship 6 Gertrude /St. Andrew Bike b/w Forest & Rene 7 Greenville bike trail b/w Warner and Segerstrom 8 Heritage 9 Jerome 10 MacArthur bike trail entrance 11 j McFadden Center 12 McFadden Triangle Park 13 Raitt St, bike trail b/w Segerstom and Alton 14 Santa Anita 15 Thornton 16 Windsor Total All Locations SPECIALIZED SERVICES Hourly Wage 1 Landscape Maintenance Worker 2 Landscape Lead Worker 3 Tree Trimmer 4 Lead Tree Trimmer District 4 Park Landscape Specification 5 Irrigation Assistant 6 Irrigation Specialiest (as specified) 7 Pesticide Assistant Operator 8 QAC Pesticide Operator LEGAL NAME OF COMPANY ADDRESS PHONE AND FAX NUMBERS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. r)iefrin +A D.6r I Rnanifirafinn EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Contact Individual: Address: Phone Number: Facsimile Number: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Address: Contract Amount: Year: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Contact Individual: Phone Number: Facsimile Number: Year: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. nlatrirt 4 Park Landscape Specification EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. n�� +P��r a park I_andscane Specification EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. ni�frinf A. Park t_andscaoe Specification 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm Signed and Printed Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIlfE. ni.frlrf a Park I_endscane Specification EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE How many years has your organization been in business in California as a contractor under your present business name and license number? If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? $ Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 5. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes ❑ No 6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? ❑ Yes ❑ No 7. Has your firm ever defaulted on a contract? ❑ Yes ❑ No If "yes," explain on a separate page. 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes ❑ No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the District 4 Park Landscape Specification EXHIBIT B CONTRACTOR'S PROPOSAL JUNE 6, 2013 CITY OF SANTA -ANA REQUEST FOR PROPOSALS For Providing Park Landscape Maintenance Services in District 4 # 13 -010 PRCSA PROPOSAL DUE: June, 6 2013 @ 4:00 PM r: 1027 E. ACACIA ST., ONTARIO, CA 91761 (800) 794.0063 FAX (909) 073 -9192 www.aztecalandscape.com r w r t y�,1r�6 lr LANDSCAPE CL #417003 June 6, 2013 City of Santa Ana 26 Civic Center Plaza Santa Ana, Ca 92701 Attn: Ron Ono, Administrative Manager RFP # 13 -010 Dear Ron Ono, Please accept our proposal for RFP #13 -010 PRCSA — For Providing Park Landscape Maintenance Service In District 4. We have carefully reviewed the Request for Proposal and the site locations. We are confident that we are qualified for the project. Our company has been in business since 1978, and we have approximately 25 landscape contracts in the counties of Los Angeles, San Bernardino, Riverside, Orange and Ventura, many of comparable size and service. A brief list of our current services include: landscape maintenance, large and small scale mowing services, turf renovation, irrigation adjustment and repair, pest control, and park janitorial services. We understand the terms and conditions of this project and are willing to enter into a contract with the City of Santa Ana, Sincerely, Noe Farias Vice- President /Secretary NF 1027 E. Acacia Street Ontario, California 91761 909 - 673 -0889 800- 794 -0063 Fax: 909 -673 -9192 www.aztecalandscape.com Organization: The Company is structured as follows: President — Aurora Farias Vice- President — Finance — Rosa M. Lopez Vice - President- Operations (Account Manager — Ventura, Los Angeles County — South Agency Parks) — Noe Farias Account Managers • Juan P. Lopez — Beaches • Roberto Ramirez— Inland Empire • Raul Farias — Los Angeles Office Staff • Contract Administrator — Brian Eddy • Human Resources — Yesenia Ramirez • Accounting Clerk — Julia Vasquez • Administrative Assistant — Rebecca Hernandez For this project the hierarchy would be as follows: • Crew and Crew Leader, reporting to supervisor • The Vice - President - Operations (Noe Farias) • Management Team ( Aurora Farias, Rosa Lopez, Noe Farias ) Quality of Experience: Azteca provides a wide range of landscape maintenance services which include: Large -scale mowing of parks and large turf areas • Complete landscape maintenance of parks including janitorial services Maintenance of landscape maintenance districts, medians, parkways, and slopes • Full service pest control within the landscape • Full new landscaping installation • New irrigation installation Irrigation system repair and troubleshooting • Complete maintenance of commercial properties and shopping centers 6 Weed abatement of small to medium sized lots Trash removal and disposal Fertilizer application to turf, shrubs, ground covers, and trees + Steam and high pressure washing of hardscape Ground cover, shrubs, and tree planting Baseball and softball field maintenance Superior maintenance of high priority and highly visible areas • Landscape upgrades Manual watering with the use of a water truck or trailer Pond and lake maintenance and treatment Staff Experience: Our field staff is experienced in the many facets of city maintenance projects including public parks, medians, and parkways. This hands -on field experience coupled with the high standards set forth by our company's maintenance supervisors, foremen crew leaders, and administrative staff, assures a superior level of service and reliability. Aurora Fairies, President: Ms. Farias' presidency began in 1998. Since that time, she has developed a team of highly qualified, competent personnel to help her achieve the company goals, Rosa M. Lopez, Vice- President/CFO: Ms. Lopez holds a bachelor's degree in Business Administration from Cal State Fullerton and a Master of Management from the University of Phoenix. Rosa has 20 years of experience in financial analysis and has worked in the landscape industry for over 16 years. She currently oversees all the accounting procedures, budgeting, bidding, and administration of the overall business. With her education and managerial background, she has developed new strategies to Improve work performance and improve efficiency. Rosa is currently the Responsible Managing Officer for the company's C -27 contractor's license. Nob Farlas. VP- Operations /Secretary, Mr. Farias has a bachelor's degree in Business Administration from Cal Poly Pomona. Noe has certification in irrigation which consists of repair, install, audit, backflow testing, and smart water. Nob has been with the company since 2005, During that time, he has taken advantage of every learning opportunity within the business. Currently, his responsibilities include managing resources, filling a vacant position of Account Manager in Ventura, and implementing various best practices programs to improve efficiency and streamline costs. To Be Determined, Account Manager (Maintenance Supervisor): This person has not been identified to date. Marco A. Ortiz. QAL — Pesticide Technician: Mr. Ortiz has been with our company since 1998. He is responsible for all pesticide applications. He works closely with our pesticide vendor to train personnel and obtain recommendations. Further, Marco is responsible for Initiating notices of intent, purchasing chemicals, complying with agriculture commissioner requirements, and any other duties related to pesticide applications, Mr. Ortiz holds a Pest Control Qualified Applicator License with categories ABCDF Brian Eddv. Contract Administrator /Safety Manager: Mr. Eddy has 20 years of combined experience in customer service and business management. Brian came to the company in 2008 in the capacity of Contract Administrator. Since then, he has completed a certificate program in Horticultural Science through the University of Riverside becoming a Certified Turfgrass Manager. Additionally, he is certified in irrigation design and installation through Hunter University. Further, he has taken on the responsibility of Safety Manager. His strengths in business management, customer service, and education have enabled him to successfully manage many of our field projects. Yesenia F. Ramirea. Human Resources Manager Ms. Ramirez has been with our company since 1993 and currently manages all payroll, personnel, risk management, and workers compensation matters for the company. Yesenia holds an Associate of Science Degree in Business Administration from Mt. San Jacinto College and a human resources certification from Chaffey College. Implementation Plan Azteca Landscape would like to offer the following plan which details how our company will achieve and fulfill the expectations of this Request for Proposal for the Median Landscape Maintenance Service In the City of Santa Ana, In working on other projects of similar scope and size, we believe that we will meet the City's expectations. We propose the following, Assigned staff members will report to the job site at 7:00 am and end their day at 3:30 pm, daily. The crew members will leave from a yard located in the City with all required equipment needed to perform their duties. « Those assigned to this project are: o (1) Manager (Noe Farias) will be on site to oversee the project. He will prepare work orders and proposal. He will meet with the city monitors and discuss any issues that might arise. o (1) Supervisor (Roberto Gorge) - will work forty (40) hours a week and wilt prepare reports, schedules, and manage day -to -day operations. Further, he will meet with the City Inspector to discuss work schedule, give recommendations, etc. o (3) Crew Leaders - will work forty (40) hours a week. They will be in charge of directing their two to four member crews, providing materials and supplies necessary to complete daily task in addition to performing maintenance tasks. a (2) Irrigation Technicians - will work forty (40) hours a week. These employees will inspect, troubleshoot, and repair irrigation systems. Furthermore, they will complete weekly and monthly reports. o (1) Pesticide Technician - will work eight (g) hours a month. He will perform all pre - emergent, pest, and rodent control. o (3) Mower Operators - will work forty (40) hours a week. This team will perform all mowing operations for the City. o (3) Maintenance Gardeners -will work forty (40) hours a week, These crews will perform all daily landscape maintenance tasks. All hours proposed are estimates. If unexpected events occur, additional hours will be added to meet the specifications. Equipment r (1) 72" Exmark mower (1) 60" Exmark mower « (1) Jacobsen 12 foot reel mower (1) Jacobsen 12 foot HR 9016 rotary mower • (3) Backpack blowers (3) line trimmer • (3) hedge trimmer • (2) edger • (2) pole trimmer • (1) Shattertine Aerator • (1) Top Dresser • (1) Turf Slit Seeder If any piece of equipment is broken or damaged and cannot complete the day's work. A replacement will be given to the project temporarily until the machine is fixed. The down time on a piece of equipment is about one week. The machine is taken to our mechanic shop in Pomona California and there our mechanic will inspect the unit and fix any issue it might have. After, the unit is fixed it is then transported back to the project and put back into use. Trucks • (3) Chevy Colorados • (1) Chevy 1500 Silverados • (2) Chevy 3500 Silverados A vehicle that is broken or needs service will be taken care of by Azteca mobile mechanic. He will service and repair the truck at the project site, if the truck needs to be taken to our mechanic yard a temporary vehicle will be provided until the one assigned is brought back. Orientation First week • Potential employees fill out applications • Those most qualified are then interviewed by the supervisor (Roberto Gorge) and the manager (Noe Farias) • Employees then watch all of Azteca Landscape safety /training videos. • Drivers also watch a driving with trailer video and take a physical test afterwards • The final day of week the employees are ready to be moved into the field Second week • The employees will be given powered equipment and trained • Employees will familiarize themselves with the project Retraining • Every three months evaluation are conducted • If needed retraining will be given to those that do not use the equipment properly Azteca Landscape has yearly training If an employee's quits or is let go the supervisor and manager will interview potential candidates and have them go through our orientation program which takes two weeks. Best Practices Azteca Landscape implements best practices. By adopting Best Practices enables us to provide the best Quality Control in the industry. We achieve this by training all of our employees. Our Supervisors are encouraged to mentor employees that he demonstrate the necessary tools to aspire to become a supervisor themselves. Our Irrigation Technicians also mentor their assistants who are interested in the trade. In -house training and mentoring program enables us to promote and provide qualified employees to new projects that might be awarded to us. A second practice that Azteca has in place is employee identification. Therefore, we have implemented a strict uniform policy. The uniform consists of a ball cap, shirt, and identification badge. All are imprinted with our company logo. Chemical usage - only on an as needed basis, and only by a trained applicator. If any hazardous chemical is required to be applied our Qualified Applicator will be present at the time of application or spraying the product himself. All chemicals will be applied with a backpack sprayer or by our truck mounted sprayer. The City will be provided with a 24- Notice of intent followed by monthly reports of all pesticides applied . Azteca Landscape has an effective IIPP. Our Safety Administrator conducts on -site inspections, no less than once a month. Furthermore, he oversees all that all employees attend bi- weekly tailgate meeting and strictly enforces safety-rules. Finally, Azteca supports road safety and follows the WATCH program. Our supervisors will strongly enforce a safe work environment for its employees on the road and monitor the sites to make sure that signs, cones, and arrow boards are present at all time while working in the streets. Equipment training programs are implemented for all new hires. Once a year for any other employees that handle powered equipment. New hires will be observed by the supervisor, after three month the supervisor will determine if employee is comfortable with the equipment. If any Injury does occur the employee will be retrained and monitored. All paperwork will be completed by the supervisor and turned into the main office for keeping. Lastly, Azteca Landscape has established an effective management group. Our management team employees only supervisors that believe in providing quality control and have a high level of integrity and responsibility toward our customers for over 30 years. State Of California CCNTRACTCRS STATE LICENSE BOARD on Csumer ACTIVE LICENSE Attsils .. 41 i ®03 «,. CORP. w„ AZTECA LANDSCAPE 027 �, «guar 011311 2015 www.os)b,ca.gov This lipenae Is not AMp5hunible, and shell be returned to the Reglatlat upon This when Is valid through the explra411on date tor y reason. It found, drop in any mollbos. postage guamnlead by: Canimclurs Site LICense 8axrd P.O. nox 28WD. Sacramento CA 95528 1emm Aa Uoensee Signature VAkUWOVNIA DEPARTMENT OF PESTICIRP I3F -U to 9f V7 SA- January v M aw pEST N E BUSINESS MAIN LIVEM Vmild if insurance and /or quaLfiod persop(s�1lApse be o expiration date, Mailing Address I 0, CA 91761 ivolp i IMF POST THIS LICENSE awn P--, IN INC. Kow w W 2 AN � bVABT1HBMfOVPBffiYIOIDBHEWD.6Ttox - ��r LICBN�kiWCIICICRABICA410N thOORAii RI� .UAl Y61p 1.L ATb1tI,ICLR`86 DATROFI OUE VALU)THFOUGH tl1@i/2012 12mlini2 m 102467 ABCDF MARCO A ORTIZ 4073 MENNES AVE RIVERSIDE CA 52500 U A�w Entomological Society of America Certificatlon Corporation B04RO aPTiriE ENT4MG44GIST PROGRAM {gp ENT4M040GIST PROGRAM Lopez., Humberto Valid for the Year>2c12 BcE #; B2483 Joined: 11/2/1998 Specializing In (codes on back); V International Society of Arboriculture CERTIFIED ARSOMST ' xrtber o A Lopez Certificate NWmber; WE4545A Expiration Date; Dee 31, 2014J 1 DEPARTMENTOF PESTICIDE REGULATION LICENSINGICERTIFICATION PROGRAM 0 AGRICULTURAL PEST CONTROL ADVISER LICENSE DATE OF ISSUE VALID THROUGH 01101!2019 PCA 74266 i HUMBERTO M LOPEZ 56 BEDROCK LN PHILLIPS RANCH CA 91766 12/91/2014 ABCDE DEPARTMENTOFPESTICIDEREGULATION Iws/�v' LICENSINGICERTITICATION PROGRAM �4/( QUALIFIEDAPPLICATORLICENSE , DATE OPISSUE VALID THROUGH 01101/2013 12/9112014 QAL 103663 B HUMBERTO M LOPEZ 66 REDROCK LN PHILLIPS RANCH CA 91766 w1 i� 01 ��ll'� 1).1a6w1'', R.' 20[2 Member Humberto Lopez 196'119 II 1 , I��tmrp wild xr mi 606 tytp,0 'SN El' S p.u1661 �'y�e a 20oS EVHiiGPT STHEEi Sp17is16tl0 SACflAA19NT0, 01 98648 ^8981 19181 581 -8704 I 4 FIELD FSPRESENTATIVE VOWE N0, FR 46766 QDa ,y/(t1R�t EXPIRATION 06/39114 HUNBE:RI'O 14ANUEL LOPEZ 12903 SUNDOWN LANE CHINO HILLS CA 91709 6ipvmae� RECCIPT N0. 11650906 I iCmoator Repair ui;ifiitldian Nab blips X16 Ines i�oa /ia CertMod Irrigation Installer Noe Far1aB * also crindsmae EVIres 04/11/14 irrigator Technical Training School Phone 0.66) 6141755 IFOO mm.inigatortech.com infeVInfgabOtech.coin Nae rlac [s= go ire' 02/x/34 Irrigator Teshnit of Training +7PhOtae (86)6),614-1796 I arigatorteCh,gpm In fo @in9gat0,,tpm i BaCkflpw►'i` fie tified Irrigation Auditor ND tpgS.: ArTaro Noefti, a WOW t,anOOo, Wires 3 /2114 xMgetor T�afinYral ,Cal. In q t80ilool. Pllnnti� b1 # SG S Irrigator Technical Trainirr� wool Phenp (�68i + A 1955 wk�Wojlt�}f�t@.'�i!? . .. www.irrdgatp6paph,pin-r drlto Im- folio m ; fnfo�lnlgatotedr.gom . Nae rlac [s= go ire' 02/x/34 Irrigator Teshnit of Training +7PhOtae (86)6),614-1796 I arigatorteCh,gpm In fo @in9gat0,,tpm i A Z) PC � � .� � ,pmo � � � I � � � � F-- 0 � ,0 � � 4ANi x � .� � .Poo � � � » ] § � � t U *� : \« k\ a\ ]) /{ )\ } ( / \ § & ! k ,\ 2!& ) \ � ( \ \ �\ \ \ § > [ ; ! ( r ( § \ � \ ® \ � � / ƒ 7 2 � \ � � � \ a � » ] § � � t U *� : \« k\ a\ ]) /{ )\ } ( / \ § & ! k ,\ 2!& ) \ � ( \ \ �\ \ \ § > [ ; ! ( r ( § RFP No. 13 -010 Addendum No. 2 Page I of 1 June 4, 2013 ADDENDUM NO.2 REQUEST FOR PROPOSAL FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES FOR DISTRICT 4 RFP REFERENCE NO: 13 -010 DATE DUE. JUNE 6, 20131 4:OOp.m. Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and /or deletions, in the specifications to RFP NO: 13- OIOFOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES FOR DISTRICT 4. This addendum shall become a part of the original Request for Proposal due by 4:00 p.m. on June 6, 2013. This RFP addendum provides clarifications to specific sections and answers to questions received at and subsequent to the pre - proposal conference conducted on May 23, 2013. Section Spec f e Clarification/ General Questions & answers In an effort to foster the best possible response to the RFP, specific sections have been modified to clarify language by adding or deleting specific text, Added text is underlined (i.e., add and deleted text is striked - through (i.e., delete). Specific sections are as follows: CORRECTION: Addendum 1, Q31-- 10 TGNS Q31: Can you please provide the quantity of warning track mix you will require per field or per year for all of the fields in District 4? A: 1) Section 4.1 of Attachment No. I (on page 30) states, 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: Yj'of new Stabilizer Solutions Stabilizer Warning Track Mix (with stabilizer). A Minim= of" 10T'ONS OFF h1MRIAL per warning tragt New 1) The correction on Exhibit C deletes "AamW Cost" and adds i it C: month Cost" for each column heading for each location. Certification and Cost 2) In addition, under "Specialized Services" please see new line 9, Proposal requiring " Renovation Cost ner Acre'. Renovation cost should not be included in the General Maintenance annual cost. The revised Exhibit C is attached. Should you have any question, or require additional information, you may reach Ron Ono by email at rono_( )a nta ane.Qrg or voicemaiil at 714.571.4220. EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional napes if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer NameCj ty of Thnyagand oaks Address:1993 Rancho Coneio Blvd Newberry Park, CA 91319 ContractAmount:969 054 60 Description of supplies, equipment, or services provided: Contact Individual: Sandie McKnight Phone Number: 805 - 449 -2499 Facsimile Number: 805-498-4941 Year: 2008 -2013 Landscape maintenance of median & parkways Reference CustomerName:City of Long Beach Address: 2760 Studebaker Beach, CA 90812 Contract Amount: 1,647,219.12 Description of supplies, equipment, or services provided: Contact Individual: Ramon Arevalo Phone Number: 562-570-1535 Facsimile Number. $62 -570 -1535 Year: 2008 -2013 Reference CustomerName:City of Rialto Address:150 South Palm Ave Rialto, CA 92376 Contract Amount: 4 58 , 02 0 .4 4 Contact Individual: Sam S. Phone Number: 909 -820 -2525 Facsimile Number: 909 -820 -2698 Year: 2007 -2013 Description of supplies, equipment, or services provided: LMD and grounds landscape maintenance and park mowing THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. District 4 Park Landscape RFP Page 62 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract Will be based upon the actual quantities of work satisfactorily completed. All terms contained In the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be Incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Azteca Landscape .y7 Signed and Printed Name: Noe Farias Title Secretary Date 6/6/13 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, District 4 Park Landscape RFP Page 63 EXHIBIT F CiTY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin, Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 9. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will pen•nit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or In part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized In Executive Order 11246 of September 24,1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United District 4 Park Landscape RFP Ppnp Rd States. B. Pursuant to California Labor Code Section 1736, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section Is subject to all the penalties imposed for a violation of the chapter. Firm Azteca Laridscabe Signed and Printed Nam /y� e:Nae arias w- Aj� Title Secretary Date 6/6/13 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. District 4 Park Landscape RFP Pane 65 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE How many years has your organization been in business in California as a contractor under your present business name and license number? rTarn_y��ara T,,�_ �� .nsp 'x? year If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. What Is your firm's average gross revenue for the last three years? $8 mi.11 i.on 3. Is your firm currently the debtor in a bankruptcy case? ❑ Yes ® No If "yes," Indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes El No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 5. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes ® No 6. At any time In the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? Yes No 7. Has your firm ever defaulted on a contract? ❑ Yes ® No If "yes," explain on a separate page. 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes ® No If "yes," explain on a separate page, State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes Q No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of District 4 Park Landscape RFP Pane 6n the claimant, the name of the entity the claim was flied against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim In court or arbitration? ❑ Yes ® No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At anytime during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond Issued on your firm's behalf in connection with a project, either public or private? ❑ Yes ® No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the Insurance policy for your firm? ® Yes ❑ No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ® No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ® No If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted, 15. If your firm was required to pay a premium of more than one percent for a performance and payment, bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? ❑ Yes x❑ No 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years? ❑ Yes 0 No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not Include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18, Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? ❑ Yes ® No (Note: if an appeal of the citation has been filed and the Appeals Board has riot yet ruled, or there is a court appeal pending, you need not Include Information about the citation.) District 4 Park Landscape Pasre 67 If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. 19. During the last five years, has there been more than one occasion In which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes Q No If 'yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. District 4 Park Landscape RFP Ppna 68 FAN: 11-4W CITY OF SANTA ANA .REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or Indirectly Induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or Indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California, County of San Bernardino Subscribed and sworn to (or affirmed) before me on this 04 day of iune 2013 'by Xesenia Farias Ramirez, proved tome on the basis of satisfactory evidence to be the person(s) who appeared before me. YESENM FAR Ai R Z o OAMM. #1936486 a Page 69 THE AMERICAN INSTITUTE OF ARCHITECTS Bond Number: AZTLA -16 „ AIA Document A310 KNOW ALL MEN BY THESE PRESENTS. that we Aztecs landscape 1027 E. Acacia Street Ontario , CA 91781 as Principal, hereinafter called the Principal, and The Ohio Casualty Insurance Company 790 The City Drive South, Suite 200 Orange , CA 92868 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called the Surety, are held and firmly bound unto City of Santa Ana 26 Civic Center Plaza, Santa Ana, CA 92701 as Obligoe, hereinafter called the Obligee, In the sum of Five Percent of Amount Bid Dollars ($ 5%ar Amount am for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for. Providing Park Landscape Maintenance Servioes in District 4 - RFP13 -010 PRCSA NOW, THEREFORE, if the Obliges shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee In accordanoe with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fumished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, If the Principal shall pay to the Chigoe the difference not to exceed the penalty hereof between the amount specked in sold bid and such larger amount for which the Obliges may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and seated this 3rd day of ,tune, 2013 ® (Wttri asj .� I�tneSS) � INSTITUTE Or ARCHrrECTS, 1735 N.Y. AVE" r1.W., WASIIINOTON. O.C. 20aoa 1 Aztecs Landscape .. �(Prf� (Seel) $ecrdAt.!'y , (two) The Ohio Casualty Insurance- Comeaav Ayala CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Riverside On 6/3113 before me, Andrew Waterbury Netar)_Public Date Here Insert Name and Title oft he officer personally appeared Arturo Ayala Name(s) of Signer(a) who proved to me on the basis of satisfactory evidence to be the person(n) whose name(sO Is /ace subscribed to the within instrument and acknowledged to me that he/abeftey executed the same in h1a tr iftloir authorized capacity(iem, and that by his /bef0ltreic signature(a) on the instrument the person(s), or the entity upon behallf of which the persons) acted, executed the Instrument, nNlr +n w wnu l+nultr ft �I / i s\,\ comM n1.,t f :afiz I certify under PENALTY OF PERJURY under the laws of %e "tvel' Nmary 1„�,l +r c „I�inrr,�a 4 the State of California that the foregoing paragraph is true #� alnrvcl cnuNrr - and correct, !v_4E:, Myf;unun. Ixnvn>. Dnc 71. ?Ol5 Witness my han nd clal s Signature Place Notary Seal Above SlgrWre of Notary Public Andrew Waterb 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: Bid Bond Document Date: 6 /3113 Number of Pages: One Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer— Title(s):_ ❑ Partner -- ❑ Limited ❑ General l� Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s)_ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 20D7 National Notary Assoclallan• 9330 Be Soto Ave., P.O. Box 2402• Chatomr1h, CA 913132402 -w NaflonalNotar"rg Item #5901 Reorder: Cali TolbFreo 1- 800. 8130821 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power, of Attorney limits the acts of those named herein, and they have no authority to bind the Company oxcept in the manner and to the extent herein stated. Certificate No. a I0 LV American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThalAmericen Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation dulyorganized underihe laws ofthe State of Massachusetts, and WbstAmerica i Insurance Company !$a oarporbtion dutyorganizod underthe laws oflhe Slate of Indiana (Irerein colleafivoip called trio ° Companies"), pursuant fa end by authodly herein set forth, does hereby name, constitute and appoint, Daniel HuOkabay Arturo Ayala Dwight Ra ly Andrew Waterbury all of the city of Omnaa , state of CA each individualry, If there be more than one named, fit true and Wet aeomey -m -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as Its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto This 191h day of December, 2012 American Fire and Casualty Company The Ohio Casualty Insurance Company t Liberty Mutual Insurance Company West American Insurance Company 1',:J iTC�t By: STATE OF WASHINGTON sa Gregory W. Davenport, Assistant Secretary COUNTY OF KING On this 19th day of December , 2012 , before me personalty appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American u Fire and Casualty Company, Liberty Mutual insumnsuretme Company, The Ohio Casualty Company, and Mat American Insurance Company, and that he, as such, being authorized so to do, a„ execute the foregaing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seade, Washington, on the day and year first above written. 0 Sri 4 ,.. ._ KD RIIay. Not�r Public LI. ThisPovrerofAgomeyIsmadeandexecutedpursuanttoandbyaut hority oflhefollowing8y- IawsandAulhorizam os; ofArrredcan Fire ardCasuallyCompany ,TheOhioCasualtyInsurance �t Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now In full torte and effect reading a$ folk)M: Y ARTICLE IV- OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation sailharized for that purpose in writing by the Chairman or the President, a nd subject p to such limitation as the Chairman or the President may prescribe, shall appoint such aaomeys -in -fact, as may be necessary to act to behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other suretyobligatlons. Suchagorneys -in- fact, subject to the limitations set forth in their respective aj powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. Wben 80 executed, such instruments shall be as binding as if signed by the President and attested to bythe Secretary. Any powerorouehorhy granted to any representative or attonney4n4act under > the provisions of this orticle may be revoked at any time by the Board, the Chairman, the President or by the officer or oBroom founding such power or authority. ARTICLE )MI - Execoteri of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such adomeys-indact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, fecognizances and other surety obligations. Such arornays -In -fact subject to the limitations set forth In their C respective powers of attorney, shall have full powerto bind the Company by their signature and execullon of any such instruments amt to abaon thereto the seal of the Company, When so ac executed such Instruments Shall be as binding as if signed by the president and attested by the secretary. p CarHgcate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such ~ atfomeys•in -fact as may be necessary to Set on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizancas and other surety obligations. Authorb:atfan - By unanimous consent of the Company's Board of Directors, the Company consents that facsindle or mechanlcally reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed, I, David M. Carey, the undersigned, Assistant Sec etahy, of Amercan Fire and Casualty Company, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and Met American Insurance Company do hereby certily that the original pourer of aftomey ofwhfohthe foregoing is a full, brute and correct copyofthe Power ofAtiomey executed by said Companiea, Is In full force and offset and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3rd dayoP June ,2g 19 n t I t , if David M. CarefAssistant secretary t {r s State of California County of San Bernardino On June 4 2013 before me, Yesenia Farias Rami (insert name and tllle of the officer) personally appeared Noe Farias ........................... who prayed to me on the basis of satisfactory evidence to be the p on(lwhose name is re scribed to the within instrument and acknowled d to me thattshe /they executed the same in is ier /their authorized capaeity(jue7s ,and that Byer /their signatureW on the instrument the person(, or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OFPERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS r Signature Description of Attached Document Title or Type of Document: Bid Bond Document Date: June 3. 2013 Signer Other Than Named Above: Arturo Ayala Capacitiy(ies) Claimed by Signer Signers Name: _ Individual x Corporate Officer (Title): Secretary Partner Limited General Attorney -in -Fact _ Trustee Guardian or Conservator Other: Signer is Representing: Azteca Landscape (Seal) COMM. #198669$6 Notary Public = CalMOrnla Sin earnardino County aaa Juno 13. 2015t Number of Pages: 3 RFP No. 13 -010 Addendum No. 1 Page 1 of 6 May 31, 2013 ADDENDUM NOA REQUEST FOR PROPOSAL FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES FOR DISTRICT 4 RFP REFERENCE NO: 13 -010 DATE DUE: JUNE 6, 2013, 4:OOp.m. Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP NO: 13- OIOFOR PROVIDING PARR LANDSCAPE MAINTENANCE SERVICES FOR DISTRICT 4. This addendum shall become a part of the original Request for Proposal due by 4:00 p.m. on June 6, 2013. This RFP addendum provides clarifications to specific sections and answers to questions received at and subsequent to the pre - proposal conference conducted on May 23, 2013. Section Specific Clarification In an effort to foster the best possible response to the RFP, specific sections have been modified to clarify language by adding or deleting specific text. Added text is underlined (i,e., _aUd and deleted text is sulked- through (i.e., delete). Specific sections are as follows: 1) Section 4.1 of Attachment No. 1 (on page 30) states, 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: '' /a" of new Stabilizer Solutions Stabilizer Warning Track Mix (with stabilizer). Use a minimum of 65 tons per warning track. 2) 7.5 General Brickdust Skinned Infield Areas & Lqi' ng Traok 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 /worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) and Stabilizer Solutions Stabilizer Warning Track Mix on warning uacks 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, outfield fencing and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. RFP No, 13 -010 Addendum No. Page 2 of 6 New Disease Centennial Park Eucalyptus Trees have been diagnosed with Lerp Psyllid Info: and Tortoise Beetle. The cost to treat this forest represents a significant cost therefore the City elects to waive the pest and disease treatment for these Eucalyptus trees. The City will treat the Eucalyptus trees outside the scope of this agreement. Contractor does not have to treat these Eucalyptus trees as part of base agreement. However, importantly, the tree specification remains in force for all other trees within the scope of the agreement. General Questions & Answers Ql: Is the contract for a year or 19 months? A: The City is trying to change the landscaping services cycle and move contract negotiations to February, The contract is really for 18 months with four one year extensions, Q2: How many renovations, two? A: Potentially two renovations within the first 18 month period (see 2013 -2014 Sport/Priority Turf Renovation Schedule). Then one renovation during each one year extension, Note that the contractor should refer to the Renovation Schedule for any "short" term closures at which time the contractor will continue applying the appropriate seed at the rate of one pound per thousand square feet. Q3: What is the turf seed specified? A: Primary sport turf is Bermuda. Stovers Bermuda Dunes Improved Common Bermuda seed is specified for warm season months and Stovers Grand Slain Perennial Rye seed is specified for cool season months. Q4: What will the formal proposal require for original and copies? A: Original (1), Copies (6), and CD- ROlvl/DVD (]) or Flash Drive, PDF format Q5: Must Irrigation Technician have certification qualification prior to bid? A: No, however City will only allow 6 months to reach certification. Irrigation Technician must be available on -site for locations and perform all work related to the irrigation system, including but not limited to: weekly /monthly inspections and report writing; programming of irrigation systems; repairs to lateral irrigation lines and heads; and, repairs to all other parts of the irrigation system. If contractor fails to employ a qualified Irrigation Technician within the 6 month grace period they must hire a qualified irrigation technician sub - contractor through available list, 2 RFP No, 13 -0 10 Addendum No. 1 Page 3 of 6 Q6: Is the winner always lowest bidder? A: No, it is the most responsible and responsive bidder. Q7: How do you calculate deductions for non - performance? A: The bidder proposal extra work dollar figures are used to deduct failure to perform based upon the Director's Representatives professional opinion on the amount of time necessary to perform the failed work plus materials and any equipment costs, Q6: This RFP looks different from previous year for mowing and re- seeding? A: This particular specification has been reduced in scope in several areas of the specification. Contractors should read the specifications carefully to understand the new overall scope of work. The mowing specification remains the same with exception of the equipment required to perform the mowing. The seed variety and frequency is the same. Q9: Must we use pre -mixed fertilizer? A: No, however the formula by our vendors is specifically mixed for Santa Ana. The Contractor could, if they choose, mix the fertilizer with the compost themselves in the presence of the Director's Representative. Q10: What is the renovation schedule for Adams Park? A: Adams Park sport turf renovation is scheduled to begin on Monday, June 24th, The current contractor will stay with this schedule due to the short window to renovate this field {between the end of Little League Season and the begituting of Pop Warner Football season }. Regretfully there will be some overlap between the existing agreement term and the new agreement term that is proposed to start August 1, 2013. However, it cannot be avoided. Q11: When we put down mulch, do we have to gives sample to you? A: The City retains right to test any soil or material used by contractor. Q12: How long does contractor have to provide an Irrigation Technician? A: Six months from the beginning of the agreement. At which time if the contractor does not have a qualified Irrigation Technician they must sub- contract with a qualified Irrigation Technician. Q13: What is minimum or maximum fencing to meet the fencing requirement If need be, how often is it generally needed? A: Use Google Earth to measure facilities. Past practice has been to run the temporary fencing along the boundaries of the turf being renovated. The RFP No. 13 -010 Addendum No. I Page 4 of 6 City agrees to pay 50% of the contractor's price (not retail and no mark -ups) to rent the fence. In addition, the City retains the right to contact rental fence companies to get the best price possible. Q14: What about aeration? A: The specification calls for the aeration of the turf four times per year. This is being changed to aeration of the casual turf two times per year and the sport/priority turf four times per year. Q15: What is the compaction relief? A: Compacted soil occurs by people or equipment in higher than average use areas, such as but not limited to sport fields. The Director's Representative may direct the contractor to perform multiple passes with the aerator in heavier than normal compacted areas. Q16: What if fields do not germinate? A: Contractor is responsible for 100% germination within the scheduled renovation period. If the contractor fails to achieve 100% germination within two weeks of the end of the scheduled renovation period then the Director's Representative will direct the contractor to sod the poorly germinated areas using thick cut sod at the contractors expense. Q17: Overseeding, can you explain? A: The contractor is required to follow the specification; this includes overseeding for annual renovation acid the monthly overseeding. Q1$: Must rental fencing be in place from the beginning to the end of the renovation period? A: Yes. Q19: Mulching, two (2) times per year? A: Yes, two (2) times; used to be 4. Q20: Removal of mulch, how often? A: Mulch no longer needs to be completely removed; however the new mulch must cover the entire area to achieve a consistent appearance of complete coverage. Q21: Tree care expertise? A: The contractor must retain a Certified Arborist to inspect and manage trees. Q22: What are agricultural pests? A: Gophers, moles, voles, rats, rabbits, squirrels, etc. are agricultural pests. S RFP No. 13 -010 Addendum No. 1 Page S of 6 Q23: What are the expectations on pressure washing? A: The contractor shall use the appropriate pressure/hot water washing equipment to remove all stains and foreign materials to achieve a clean pavement around community centers and to the parking lot. Q24: For wastewater capture, what do you require? A: National Pollutant Discharge Elimination System (NPDES) requires that no runoff enter the storm drain system. This should not be a major concern since most of the work occurs inside the park. Q25: What is priority hardscape? A: Tennis and basketball courts are separate. Around building concession and picnic shelters. Q26: Is there any specific value for equipment inspections? A: The City's focus is on work performed, and not on the maintenance of the equipment. Note however if the equipment is not providing a quality result the contractor will be asked to begin providing a quality result to avoid any failures to perform, Q27: If vendor currently has a contract for another City landscaping District, will the vendor have to give that up if awarded District 4? A: Yes. Q28: When adding field composition mix to ball diamond warning tracks the specified type of material to be used is: Stabilizer Solutions Stabilizer Warning Track Mix. Why different composition mix for the ball diamonds? A: Infield mix is different than Wanting Track mix for a reason. The Warning Track mix is designed to "warn" the athlete that they are approaching the home run fence. The product normally has a "crunch" to it so that the athlete not only feels the material but may even hear it beneath him, Q29: Are there any expected annual color in District 4? A: No. Q30: Can you explain how the fields renovated may change from year to year? A: All fields will be renovated each year. The "schedule" of when the renovation occurs may change year to year. RFP No, 13 -0 10 Addendum No. 1 Page 6 of 6 Q31: Can you please provide the quantity of warning track mix you will require per field or per year for all of the fields in District 4? A: 1) Section 4.1 of Attachment No. 1 (on page 30) states, 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: %" of new Stabilizer Solutions Stabilizer Warning Track Mix (with stabilizer). A mininrum of 65 tons ner warning track. Should you have any question, or require additional information, you may reach Ron Ono by email at ronoRsanta -ana.org or voicemail at 714.571.4220. I 6 EXHIBIT C FEE SCHEDULE EXHIBIT C CITY OF BANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 PROPOSERS CERTIFICATION AND COST PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may Impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for maintaining each of the locations and service categories listed below at the level of quality described in the detailed specifications (Exhibit A and all attachments). Fee must be inclusive of all costs, Including but not limited to, direct and indirect costs for labor, overhead, Incidental supplies, travel, mileage, and fuel, Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee In writing. District 4 Park Landscape RFP Location is month Cost Routine Maintenance 1B month Cost Ball Diamond Maintenance Total 18 month Cost 1 Adams 10 440.00 10 7 4 4 Q .00 a Bear St. bike trail b /w$egerstroi i and MacArthur 40 000.00 0.00 44 000.00 3 Centennial I a g, 000.00 23 832.00 143,832.00 4 City Yard 11 000.00 0.00 11, 000.00 5 Friendship 20"000,00 0.00 6 Gertrude /St, Andrew Bike b/w Forest & Rene 33,000.00 33, 040.00 7 Greenville bike trail b/w warner and $ rstrom 32 000.00 B Horltage 90.000.00 7,110.00 97 110.00 9 Jerome 101,722.06 38 556.00 14Q, 27 10 MacArthur bike trail entrance 25 000.00 0.00 25, 0 11 McFadden Center 38 000.00 0 12 McFadden TriangiePark 37, OOQ QQ 0.00 37_(000 . 00 13 Raitt St. bike trail b/w Segerstom and Alton 35 0 0 . 0 0.00 14 SantaAnita 8 000.00 15 Thornton 115 00 .0 rR. 080 M 1170,080,00 16 Windsor _ 95 000.00 12 1107.186.00 Total AI Locations 1 174 926.06 District 4 Park Landscape RFP 4 Lead Tree Trimmer 45 5 Irrigation Assistant 35 6 irrigatlon Specialiest (as specified) 45 7 Pesticide Assistant Operator 45 8 CIAC Pesticide Operator 65 9 AENNOMION COST PER ACRE ° RENOVATION COST SHOULD NOT BE INCLUDED IN THE GENERAL MAINTENANCE ANNUAL COST. District 4 Park Landscape RPP Pan a 6i V zyr-'(el,Gd) c CERTIFICATE OF LIABILITY INSURANCE aaTElntM,00m y 911 2120 1 3 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(los) 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 HER of such endorsements. PRODUCER MIA. ___xtQd7�511fCW 3.5. Levine Insurance Services, Inc. 10505 Sorrento Valley Rd. 9200 €Mal' L San Diego CA 92121 S;Oy fleg(g2gslevine com, _.„ INSURERS) AFFORDING COVERAGE NAICP INSURED AZTEC -5 INSURER 6 Azteca Landscape, Inc. LXSURERO_QpdEi a91 -m1.D itB,ctl Corp _ 1027 E Acacia Street INSURER 0: Ontario CA 91761 INSURERE! ..... T—_.....„,_ «._..._....__.__{— ___..__..._.. INSURER F COVERAGES CERTIFICATE NUMBER: 1£557727103 REVISION NUMBER.: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MEN _ '�pGLICV EPF POLICY CE {ABDT.j "—LICY F INSURO, IMITS 4TR TYPE OF INSURANCfl IN �WVO POLICY NUMEER NYYY MIDD YY LIMITS WV0I— NU A GENERAL LIABILITY Y Y 5066$90418 0/1/20A 9/1/2014 C.ACH OCCURRENCE $1000_000 �m�� X 1 COMMERCIAL t36NERA( LIABILITY � i ! A A (UE TO REN`LFU P� M9E9 (Ea wcurtencgl 9100000 CIAW34AUE IX J OCCUR ' MED EXP IAny9ne person) S� 50pp f PERSONAL & ADV IN IURY . $1,000 000 I ( _ - i McERALAGGRFGATE 52000000 CEN'L AGGREGATE LIMIT APPLIES PER: i ( PR0DUCT5- COMPIOP AGG $2000,000 POLICY LOC O AUTOMOeILEI AWLITY Y BA8926736 a/1P1013 9/112014 Ea acCldenit�_ IX -. ANY AUTO SODILYINJURY(P!rFesrn) IS 'B ALL OWNED SCHEDULED AUTOS AUTOS { ROUILY INJURY (Pereedd.111IS W (� NON O4MIED E PROr@Ai C: HiREBAUT09 AUTOS Lsra� A ( UMBRELLA LIAR X OCCUR ( EXCESS LIA6 �, CIAIMS -MADE I 150866803 &9 011/2013 1112014 ' EACH OCCURRENCE ry $2,000,000 _ �v AGGREGATE 32000,000 ... OED X PETENTICNS10,000 �— 5 p WORKERS COMPENSATION I ' €MPLOYERS LIABILITY 3300064036131 �H(2013 /172014 X V STATD QTH BYIIMITS Vim(N!A _D !AND ANY PROPRETORIAroNERsXECUTlVE EL EACHAC( fO�Nt $1000000 ornoCRNSESER EXCLUDED? L_I (}Aandk.,I. US) EL [ASEASE_EA EMPLpYEEll 51,000000 "... ifY.Ad Ooeun[ior OESGRIPTCNOFOP. TIONS bei w 61 DISEASE, POLICY LIMIT 111,000000 i DESCRIPTION OF OPERATIONS) LOCATIONS t VEHICLES (AHa¢h ACORD TO1, AdalRiarral Raroarke Schadute, V snore apace Is required) RE: Landscape maintenance services of District 4 City of Santa Ana; its officers, employees, agents, volunteers and representatives are included as additional insured as respects gaaneral ,R liability the form. YY per attached City of Santa Ana Attn: Purchasing Department 20 Civic Center Plaza Santa Ana CA 92701 SHOULD ANY OF THE ABOVE. DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WI1.A, BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ■ ACORD 25 (2010106) The ACORD name and logo are registered marks of ACORD 9 u ' Jf, ADDITIONAL INSURED ENDORSEMENT Insurance Company CNA Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy #5085580478 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. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy Is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3, This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect 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 9/l /2013 this endorsement form as part of Policy # 1:. *15 i Issued to Azteca Landscape, Inc. Name Insured Countersigned by r' App -SOVED AS TO J L*A' O � GK ry Assistant city AttorneY Bond No. 024050984 PAYMENT BOND CALIFORNIA PUBLIC WORK Premium $7,650.00 KNOW ALL BY THESE PRESENTS, That we, Azteca Landscape as rrmclpal, and The Ohio Casualty Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of Santa Ana as Obligee, in the sum of Five Hundred Eighty -seven Thousand Four Hundred Sixty -three Dollars And Three Cents Dollars ( $587,463.03 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above - bounded Principal has entered into a contract, a copy of which contract is by reference made a part hereof, dated July 15th, 2013 with the obligee for Providing Park Landscape Maintenance Services in District 4 RFP 13 -010 NOW, THEREFORE, if the above - bounded Principal or his subcontractors shall fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his sub - contractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an agreeable amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 30th day of July LMS -12631 02198 , 2013 Azteca Landscape Principal The Ohio Casualty Insurance Company Surety Arturo Ayala, Attorney -in -Fact APPP,O`VV,D AS TO FORM( LISA E. STORCK Assistant City Attorney CALIFORNIA ALL-PURPOSE e9 d STATE OF CALIFORNIA County of Riverside On 7130/13 before me, Andrew Waterbury Notary Public Date Here Insort Name and Title of the Officer personally appeared Arturo Ayala Narrate) of Signers) who proved to me on the basis of satisfactory evidence to be the person() whose name( is /xm subscribed to the within instrument and acknowledged to me that hekst>3y executed the same in hisfnE r authorized capacity(iea), and that by his l signature() on the instrument the d person(s), or the entity upon behalf of which the person(H) A N 0 J I W WAILPIttl1+Y N acted, executed the instrument. COMM 4196 520 2 Notary Fubhc C �Hdo,„, , r I certify under PENALTY OF PERJURY under the laws of Of2ANGt COUNTY the State of California that the foregoing paragraph is true My Cnnmi_ Ir.ucs DCC 7L JU1S and correct. Witness my hand a offi Hit seal Signature i1 Place Notary Seal Above Signatu Nota y Public Andrew Waterb OPTIONAL Though the information below is not required bylaw, 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: Payment Bond Document Date: 7/30/13 Number of Pages: One Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner —❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2067 National Notary Associalion • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • wwa hlatlonalNotaryorg Item #5907 Reorder: Call Tall -Free 1 -800- 876 -6827 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Powe r of Attorney. limits . the acts of those named: herein, and theyhave no authority to bind the Company except in the manner and to the extent herein stated. Certlllcate No. 5903379 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWNALL PERSONS BY THESE PRESENTS: ThatAmencan Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duty organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the Jaws of the State of Massachusetts, and West American Insurance Company is acarpel atio,n duly organized under the laws of the State oflndiana(herein collectively called the Companies"), pursuant to and by authority herein set forth, does hereby name, constitute " and appoint, '.Daniel Huckabay, Arturo Ayala Dwight Reilly Andrew Waterbury all of the city of Orange state of CA` each individually if there be morethan one named,itstrue and lawfulattorney- itr-- factto make execute seal, acknowledge and deliver, forand on its behatfas surety and sets act and deed, any and all undertakings,: bonds recognizances and other surety obligations, in pursuance oftherse presents andshall - tie as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own `proper persons: IN WITNESS WHEREOF this Powerof Attorney has been subscribed by an authorized officer or official of the Companies and the corporate . seals of the Companies have been affixed thereto this 917 h day of 4ecember 2912 American Fire and Casualty Company The Ohio Casualty Insurance Company et Liberty Mutual Insurance Company CL R West American Insurance Company C 9y: ,p C STATE OF WASHINGTON as Gregory W. Davenport, Assistant Secretary : COUNTY OF KING :ute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by Himself as a duly authorized officer, flTNESS WHEREOF, I have hereunto subscribed my name and afFlxed my otarial seal at Seattle, Washington on the day and year first above written D 11 11 By: ;KD Ro ay Nof Pu bllo Power ofAlfimey is made and executed pursuant to and byr authority of the follovang By -laws and Authorizations of AmericanFire and Casualty Company The Ohio Casualty lnsurance 1patry, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: i instruments shall be as binding as if signed by the President and attested to by the Secretary , Any power or authority granted to any representative _ -or attorney- Indact under of this article may revoked at any time by the Board the Chairman the President or by the officer or officers granting such power orauthonty. Execution of Contracls SECTION 5 Surety Bonds and Undertakings Any off [car of the Company authorizad for that purpose- lnwriting by the chairman or the president, such limitations as the chairman or the president may prescribe :shall appoint such attorneys- !n4act as may be necessary to act in behalf of the Company to make, . execute, idge and deliver as surety any and all undertakings bonds recognizanees and :other surety: obligations Such 'attorneys-in-fact subject to the limitations set forth in their very of attorney, shall have full powerlo bind the Company byfheirsignature and execution of any%uch instruments and to attach thereto the seal ofIthe Company. When so instmments shall be as binding as if signed by the and attested by the secretary. surety obligations 1, -David M Carey, the undersigned, Assistant American Insurance Company do hereby ceRlf is in MI force and effect and has not been rew IN TESTIMONY WHEREOF I have hereunto nbehalf of Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds recognizances and Company s Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the "copy of any power of attorney issued by the Company In connection with so rely bonds shall be valid and binding upon the Company with iffixed Iecretary of Amended Fire and Casualty Company The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West that the original power of attorney of which the foregoing is a fu true and correct copy of the Power of Attorney executed by said Companies, ketl at my hand and affixed the seals of said Companies this30 thday of July , 20 -:13 e'f ' 1' 3 i. ` By! David M. Carey, Assistant Secretary Y� Ll 12873 092012 183 of 251 y ?f nbehalf of Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds recognizances and Company s Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the "copy of any power of attorney issued by the Company In connection with so rely bonds shall be valid and binding upon the Company with iffixed Iecretary of Amended Fire and Casualty Company The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West that the original power of attorney of which the foregoing is a fu true and correct copy of the Power of Attorney executed by said Companies, ketl at my hand and affixed the seals of said Companies this30 thday of July , 20 -:13 e'f ' 1' 3 i. ` By! David M. Carey, Assistant Secretary Y� Ll 12873 092012 183 of 251 Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action /Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information OHIO CASUALTY INSURANCE COMPANY (THE) 175 BERKELEY STREET BOSTON, MA 02116 Old Company Names Agent For Service KAREN HARRIS C/O CORPORATION SERVICE COMPANY 2710 GATEWAY OAKS DRIVE, SUITE 150N SACRAMENTO CA 95833 -3505 Reference Information Effective Date NAIC #: —� 24074 California Company ID #: 5133 -4 Date Authorized In California: 11/17/2008 License Status: UNLIMITED - NORMAL Company Type: Property & Casualty State of Domicile: NEW HAMPSHIRE back to top NAIC Group List NAIC Group #: 0111 LIBERTY MILT GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary, AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY WORKERS'COMPENSATION back to top Page 1 of 2 https: // interactive. web. insarance. ca. gov/ companyprofile /coinpanyprofile? event= coinpanyP... 8/12/2013 ACCIRbe CERTIFICATE OF LIABILITY INSURANCE 111 OATE(MMIDD/YVYY) 1 7/30/2013 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 G.S. Levine Insurance Services, Inc. 10505 Sorrento Valley Rd. #200 San Diego CA 92121 COTACT NANME: W alc °NN E.t:858 -523 -7 27 ac Ne:85 - 81 -7953 aooaless: o- vi e.com INSURER SI AFFORDING COVERAGE Y Y INSURERA:National Fire Ins ra Hai /1/2012 /112013 INSURED AZTEC -5 INSURERB:Golden Ea le Insurance Cor INSURER C: surance Com an W0478 AZteca Landscape, Inc. 1027 E Acacia Street Ontario CA 91761 INSURER D: INSURER E: DA9,AGETU RENTED PREMISES Ea occurrence $100,000 INSURER F: $15,000 PERSONAL &ADV INJURY COVERAGES CERTIFICATE NUMBER: 195R455935 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OFINSURANCE AD INSR R WVD POLICY NUMBER POLICY EFF fMMIDDNYYYI POLICY EXP (MM/DDJYYYYI LIMITS A GENERAL LIABILITY Y Y 5086590418 /1/2012 /112013 EACH OCCURRENCE $1,000,000 x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR DA9,AGETU RENTED PREMISES Ea occurrence $100,000 MED EXP(Any one demon) $15,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGE $2000,000 S POLICY X PRO- LOC I B AUTOMOBILE LIABILITY Y BA8926736 /1/2012 11/2013 COMBINED SINGLE Ea accident $1,000,000 x ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( ) $ NON-OWNED NEp HIRED AUTOS AUTOS cPROPERTY DAMAGE Per acident $ $ A X UMBRELLA LIAB X OCCUR 5086590399 /1/2012 11/2013 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 EXCESS LIAB CLAIMS -MADE RED x I RETENTION $10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 3300064036131 /1/2013 /1/2014 X WC STATU- OTH- E. L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? N/A E. L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) Ify describe under DESCRIPTION OF OPERATIONS below EL .DISEASE - POLICY LIMIT $1000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACO RD 101, Additional Remarks Schedule, if more space Is required) RE: Landscape maintenance services of District 4 City of Santa Ana; its officers, employees, agents, volunteers and representatives are included as additional insured as respects general liability per the attached form. Insurance is primary & non - contributory. ,,pp-ROVED /FsS TC) Fop"' City of Santa Ana Clerk of the City Council 20 Civic Center Plaza (M -30) / PO Box 1988 Santa Ana CA 92702 -1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. :ED REPRESENTATIVE r (719RR -2010 Arr)i IROPPF)PATIi All rin Hic .—in—A ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CNA(EEd. d. 0 071 7/099) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE Coverages are summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Miscellaneous Additional Insureds 13. Liberalization Clause 7 additional insured extensions. 14. Unintentional Failure To Disclose Hazards 2. Employees As Insureds — Health Care Services 3. Joint Ventures /Partnership /Limited Liability Companies Coverage for your interest in such terminated or 0 ended organizations. Expanded Personal And Advertising Injury 5. Medical Payments Limits increased to $15,000. Reporting increased to three years from the date of accident. 6. Legal Liability And Borrowed Equipment Extended perils. Limit increased to $200,000 for Damage to Premises Rented To You 7. Non -owned Watercraft Increased to 55 feet. 8. Non -owned Aircraft Coverage 9. Contractual Liability For Personal And Advertising Injury 10. Supplementary Payments Cost of bail bonds increased to $2,500. Daily loss of earnings increased to $1,000. 11. Liquor Liability Coverage Extension 12. Newly Formed Or Acquired Organizations Coverage extended to the end of the policy period. 15. Notice of Occurrence 16. Broad Knowledge of Occurrence 17. Aggregate Limits Per Project 18. Bodily Injury — Extension of Coverage 19. Expected Or Intended Injury Reasonable force — bodily injury or property damage. 20. Wrap -Up Extension 21. Contractual Liability — Railroads Expanded definition of "insured contract." l� 22. lanket Waiver of Subrogation aiver of subrogation where required by written contract or written agreement. 23. In Rem Actions APP-ROVED j�5 10 LISA F. 570 {��- Assistant City /� G- 18652 -1 Includes copyrighted material of Insurance services Office, Inc., with its permission. (Ed. 07/09) __1 d Page 1 of 8 ►�Ll _I a�� G- 18652 -1 (Ed. 07/09) 1. MISCELLANEOUS ADDITIONAL INSUREDS b. Controlling Interest Section II Who Is An Insured is amended to Any persons or organizations with a include as an insured any person or organization controlling interest in you but only with (called additional insured) described in Paragraphs respect to their liability arising out of: 2.a. through 2.g. below whom you are required to (1) Their financial control of you; or add as an additional insured on this policy under a written contract or written agreement. However, the (2) Premises they own, maintain or written contract or written agreement must be: control while you lease or occupy these premises, 1. Currently in effect or becoming effective during the term of this policy; and This insurance does not apply to structural alterations, new construction 2. Executed riot to the "bodily injury," p y J ry," and demolition operations performed by "property damage" or "personal injury and or for such additional insured. advertising injury," but c. Managers or Lessors of Premises Only the following persons or organizations are additional insureds under this endorsement and A manager or lessor of premises but coverage provided to such additional insureds only with respect to liability arising out is limited as provided herein: of the ownership, maintenance or use of that specific part of the premises a. State or Governmental Agency g Y ar leased to you and subject to the Subdivision or Political Subdivisions following additional exclusions: A state or governmental agency or This insurance does not apply to: subdivision or political subdivision subject to the following provisions: (1) Any "occurrence" which takes place after you cease to be a tenant in (1) This insurance applies only with that premises; or respect to the following hazards for which the state or governmental (2) Structural alterations, new agency or subdivision or political construction or demolition subdivision has issued a permit or operations performed by or on authorization in connection with behalf of such additional insured, premises you own, rent, or control d. Mortgagee, Assignee or Receiver and to which this insurance applies: A mortgagee, assignee or receiver but maintenance, e, (a) The existence, maintenance, only with respect to their liability as repair, construction, ion, p mortgagee, assignee, or receiver and removal of advertising signs, arising out of the ownership, awnings, canopies, cellar maintenance, or use of a premises by entrances, coal holes, you' driveways, manholes, marquees, hoistaway openings, This insurance does not apply to sidewalk vaults, street banners, structural alterations, new construction or decorations and similar or demolition operations performed by exposures; or or for such additional insured. (b) The construction, erection, or e. Owners /Other Interests — Land is removal of elevators; or Leased (2) This insurance applies only with An owner or other interest from whom respect to operations performed by land has been leased by you but only you or on your behalf for which the with respect to liability arising out of the state or governmental agency or ownership, maintenance or use of that subdivision or political subdivision specific part of the land leased to you has issued a permit or and subject to the following additional authorization. exclusions: This insurance does not apply to "bodily This insurance does not apply to: injury," "property damage" or "personal (1) Any "occurrence" which takes place and advertising injury" arising out of after you cease to lease that land; operations performed for the federal °r government, state or municipality. G- 18652 -1 Includes copyrighted material of Insurance Services Office , Inc., with its permission. Page 2 of 8 (Ed. 07/09) (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. f. Co -owner of Insured Premises A co -owner of a premises co -awned by you and covered under this insurance but only with respect to the co- owners liability as co -owner of such premises. g. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or written agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage," or "personal and advertising injury" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under Paragraphs a. through g. above does not apply to "bodily injury" or "property damage" included within the "products- completed operations hazard." As respects the coverage provided under this provision, Paragraph 4.b.(1) of Section IV — Commerciai General Liability Conditions is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance (1) This insurance is excess over: Any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or G- 18652 -1 (Ed. 07/09) primary and noncontributing. Where required by written contract or written agreement, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this insurance. 2. EMPLOYEES AS INSUREDS — HEALTH CARE SERVICES Paragraph 2.a.(1)(d) of Section II — Who Is An Insured is deleted. 3. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANY COVERAGE A. The following is added to Section II — Who Is An Insured: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. c. To a joint venture, partnership or limited liability company which is or was insured under a "consolidated (wrap - up) insurance program." "Consolidated (wrap -up) insurance program" means a construction, erection or demolition project for which the prime contractor /project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, otherwise referred to as an Owner Controlled Insurance Program (O. C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). B. The last paragraph of Section II — Who is An Insured is deleted and replaced by the following: Except as provided in Paragraph 4. above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability G- 18652 -1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 (Ed. 07/09) L A T/.1 ! 1 company that is not shown as a Named Insured in the Declarations. 4. EXPANDED PERSONAL AND ADVERTISING INJURY A. The following is added to Section V — Definitions, the definition of 'Personal and advertising injury ". In. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Exclusions of Section I — Coverage B — Personal and Advertising Injury Liability is amended to include the following: Discrimination Relating To Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. D. This provision 4. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply if Section I — Coverage B — Personal And Advertising Injury Liability is excluded either by the provisions of the Coverage Part or by endorsement. 6. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit, of Section III — Limits of Insurance is deleted and replaced by the following: 7. Subject to Paragraph 5, above (the Each Occurrence Limit), the Medical Expense G-1 8652-1 (Ed. 07109) Limit is the most we will pay under Section — I — Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000; or (2) The amount shown In the Declarations for Medical Expense Limit. B. This provision 5. (Medical Payments) does not apply if Section I — Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement. C. Paragraph 1.a.(3)(b) of Section I — Coverage C — Medical Payments, is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and 6. LEGAL LIABILITY AND BORROWED EQUIPMENT A. Under Section I — Coverage A — Bodily Injury and Property Damage 2. Exclusions, Exclusion j. is replaced by the following. "Property damage" to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (6) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (1), (3) and (4) of this exclusion do not apply to: G- 18652 -1 Includes copyrighted material of Insurance Services Office, Ino., with Its permission. Page 4 of 8 (Ed. 07/09) �� (1) "property damage" to tools or equipment loaned to you if the tools or equipment are not being used to perform operations at the time of loss; or (ii) "property damage" (other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraphs (3), (4), (6) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard." B. Under Section I — Coverage A — Bodily Injury and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the following, Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. C. Paragraph 6. Damage To Premises Rented To You Limit of Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most we will pay under Section — I — Coverage A for damages because of "property damage" to any one premises while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: G-1 8652-1 (Ed. 07/09) a. $200,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. D. Paragraph 4.b.(1)(a)(ii) of Section IV — Commerciai General Liability Conditions is deleted and replaced by the following: (ii) That is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner; or E. This provision S. (LEGAL LIABILITY AND BORROWED EQUIPMENT) does not apply if Damage To Premises Rented To You Liability under Section I — Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 7. NON -OWNED WATERCRAFT Under Section I — Coverage A, Exclusion 2.9., subparagraph (2) is deleted and replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge. 8. NON -OWNED AIRCRAFT Exclusion 2.g. of Section I — Coverage A — Bodily Injury and Property Damage, does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. It is rented with a trained, paid crew; and 3. It does not transport persons or cargo for a charge. 9. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Exclusion e. Contractual Liabiiity of Section I — Coverage B is deleted. 10, SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments — Coverages A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $2,500: B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. G- 18652 -1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 (Ed. 07/09) 11. LIQUOR LIABILITY Exclusion c. of Section I — Coverage A is deleted. 12. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Paragraph 3.a. of Section 11 — Who Is An Insured is deleted and replaced by the following: Coverage under this provision is afforded only until the end of the policy period or the next anniversary of this policy's effective date after you acquire or form the organization, whichever is earlier. 13. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge, your policy will automatically provide the additional coverages as of the date the revision is effective in your state. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 15. NOTICE OF OCCURRENCE The following is added to Paragraph 2. of Section IV — Commercial General Liability Conditions — Duties In The Event of Occurrence, Offense, Claim or Suit: Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suit" and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence," offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence," offense claim or "suit." 15. BROAD KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. of Section IV — Commercial General Liability Conditions — Duties in The Event of Occurrence, Offense, Claim or Suit: You must give us or our authorized representative notice of an "occurrence," offense, claim, or "suit" only when the "occurrence," offense, claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; G- 18652 -1 (Ed. 07/09) (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, if you are a limited liability company. 17. AGGREGATE LIMITS PER PROJECT A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: 1. A separate Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard," and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single G- 18652 -1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 (Ed. 07/09) Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Single Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products- completed operations hazard" is provided, any payments for damages because of "bodily Injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products - Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project General Aggregate Limit. D. if a single construction project away from premises owned by or rented to the insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. 18. EXPANDED BODILY INJURY Section V — Definitions, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. G- 18652 -1 (Ed. 07/09) a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 20. OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP -UP) INSURANCE PROGRAMS The endorsement EXCLUSION — CONSTRUCTION WRAP -UP PROGRAM which is attached to this policy is amended as follows: A. If the endorsement EXCLUSION — CONSTRUCTION WRAP -UP or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached to this policy, then it is amended to add the following: With respect to a "consolidated (wrap -up) insurance program" project in which you are or were involved, this exclusion does not apply to: 1. Your liability for "bodily injury," "property damage," or "personal or advertising injury" that occurs during your ongoing operations at the project, or during such operations of anyone acting on your behalf; 2. Your liability for "bodily injury" or "property damage" included within the "products - completed operations hazard" that arises out of those portions of the project that are not "residential structures." B. The following is added to Paragraph 4.b.(1) of Section IV- Commercial General Liability Conditions This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to you as a result of your being a participant in a "consolidated (wrap -up) insurance program," but only as respects your involvement in that "consolidated (wrap -up) insurance program." C. The following is added to Section V — Definitions: 19. EXPECTED OR INTENDED INJURY "Consolidated (wrap -up) insurance program" Exclusion a. of Section I — Coverage A — Bodily means a construction, erection or demolition Injury and Property Damage Liability is replaced project for which the prime contractor /project by the following: manager or owner of the construction project has secured general liability insurance covering G- 18652 -1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 (Ed. 07/09) some or all of the contractors or subcontractors involved in the project, otherwise referred to as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). "Residential structure" means any structure where 30% or more of the square foot area is used or is intended to be used for human residency including but not limited to single or multifamily housing, apartments, condominiums, townhouses, co- operatives or planned unit developments and also includes their common areas and /or appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). When there is no individual ownership of units, residential structure does not include military housing, college /university housing or dormitories, long term care facilities, hotels, or motels. Residential structure also does not include hospitals or prisons. 21. CONTRACTUAL LIABILITY —RAILROADS G-1 8652-1 (Ed. 07/09) Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including With respect to operations performed within 50 feet those listed in (1) above and of railroad property, the definition of "insured supervisory, inspection, contract" in Section V — Definitions is replaced by architectural or engineering the following: activities. . BLANKET WAIVER OF SUBGROGATION "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Th T f Of R' ht Of R e tans er ig s ecovery Against Others To Us Condition (Section IV — Commercial General Liability Conditions) is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of. 1. Your ongoing operations; or 2. "Your work" included in the "products - completed operations hazard." However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. 23. IN REM ACTIONS Any action in rem against any vessel owned, operated by or for, or chartered by or for you will be treated in the same manner as though the action were in personam against you. G- 18652 -1 includes copyrighted material of Insurance services Office, Inc., with its permission. Page 8 of 8 (Ed. 07109) Ac=s CERTIFICATE OF LIABILITY INSURANCE GATE (MM ODIYYYY) 9/12/2013 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 REPRESENTATIVE OR PRODUCER, INSURANCE DO ESj%NISLNSTI J TE,1 CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER _ NAME: ,1bodi HOIIOW 3.S. Levine Insurance .Services, Inc. PHONE FAX 10505 Sorrento Valley Rd. #200 Ei,1Nl - AIC No : - - ian Diego CA 92121 ADMEss:corieg @gslevi_ne.com INSURED Azteca Landscape, Inc. 1027 E Acacia Street Dntado CA 91761 INSURERS) AFFORDING COVERAGE INSURER A:Natlonal.Fire Insurance of Her AZTEC -5 INSURER B:CYpreSS.lns�lrance Company.__... INSURER C :Golden Eagle I_nsllrance. Corp. INSURER D: INSURER E : COVERAGES CERTIFICATE NUMBER: 1857727103 REVISION NUMBER: NAIC N 20478 10855 10836 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INS LISLE WVDI POLICY NUMBER MMIODIYYYY DDIYYYY LIMITS A GENERAL LIABILITY IY';Y 15086590418 T; 2813''. /t1014 l" t. EACH OCCURRENCE $_1000000 X COMMERCIAL GENERAL LIABILITY `fr'r tact TDAMAGE T R� T PREMISES t3f! ���y-� -- (Ea occurrence) _$100000 _ /�y � CLAIMS -MADE X OCCUR Si" -JnL �es MED EXP(Any one Person) $5000 { PERSONAL& ADV INJURY $1000000 GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER. ASg15ta. \t C.(i 1 p,ttVrneY ._$2000000__ _ PRODUCTS - COMPIOP AGG $2,000,000 POLICY PRO- I LOD $ C 1 AUTOMOBILE LIABILITY Y BA8926736 6!1/2013 19/1/2014 (Ea accident) $1,000,000 X BODILY INJURY (Per person) ANY AUTO ALL OWNED I SCHEDULED 1 AUTOS 'AUTOS (Paramtlen[) $ NON-OWNED ',.. PROPERTY DA PROPERTY DAMAGE TS HIRED AUTOS AUTOS (Per accident) _ 1E A UMBRELLA LIAR X OCCUR 5086590399 9/1/2013 9/1/2014 EACH OCCURRENCE $2,000,000 EXCESS UAB CLAIMS-MADE 1 AGGREGATE 1$2000,000 DED 1X RETENTION S 10, 000 1 8 B WORKERS COMPENSATION 3300064036131 4/112013 1112014 'X WCSTATU 0TH ANO EMPLOYERS' LIABILITY YIN TORY LIMITS ER ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICER,MEMBER EXCLUDED? NIA I E L EACH ACCIDENT $1 000,000 (Mandatory in NH) ' E L DISEASE - EA EMPLOYEE( $1,000,000 If Yes, describe under DE SCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, B mom spars is requireEl RE: Landscape maintenance services of District 4 City of Santa Ana; its officers, employees, agents, volunteers and representatives are included as additional insured as respects general liability per the attached form. CFRTIFICATF NM nFR CANCFI I ATION ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 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: Purchasing Department 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 J . ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT Insurance Company CNA Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # 6086690418 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. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect 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 9/1/2013 , this endorsement form as part of Policy# 5086590418 Issued to Azteca Landscape, Inc. Name Insured Countersigned by Clerk of the City Council City of Santa Ana P.O. Box 1988 Santa Ana, CA 92702 -1988 RE: A- 2013 -109; Landscape Maintenance Agreement; Santa Ana Parks, District 44 Dear Council Members; We respectfully would like to exercise item number thirteen (13) of our agreement entitled TERMINATION AND DAMAGES. Please be advised that we are giving ninety (90) day notice to terminate our agreement with the City of Santa Ana. Our last day of services will be November 15, 2014. Sincerely, a'a� CC�G�'- Aurora Farias President AF:rml Notice Sent To: Clerk of the City Council via Certified Mail: 7009 3410 0001 0208 2953 Faxed to (714) 647 -6956 Executive Director of Parks, Recreation and Community Services Certified Mail: 70112970 0004 2295 1804 Faxed to (714) 571 -4211 City Attorney Certified Mail: 70112970 0004 2295 1811 Faxed to (714) 647 -6515 1027 E. Acacia Street Ontario, California 91761 909 -673 -0889 800 - 794 -0063 Fax: 909 - 673 -9192 www.aztecalandscape.com AL ®RQ� CERTIFICATE OF LIABILITY INSURANCE DATEi01h14 Y") CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED 8/2 612 0 1 4 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 CONTAC NAME: Arthur J. Gallagher f Co. Insurance Brokers of CA, Inc, LIC #0726293 PHONE exo B5M2_33- �___ FAX N9)a58-- AB1.7953 —,__ EMAIL 10505 Sorrento Valley Rd, Suite 200 San Diego CA 92121 _ INSURER(S) AFFORDING COVERAGE _ _ NAIC# I.GENL AGGREGATE LIMIT APPLIES PER: INSURERA: atLolialFire.a.n�sUranCQt�Doft INSURED AZTEC -5 INSURER B:CypreSs IPSUranceCompany _ -- X0655 Aztec@ Landscape, Inc. INSURERC Golden Eagle. lnsuranic_e-GOrporation— 10536___.... 1027 E Acacia Street 1 Al INSURER D Ontario CA 91761 ,q - A0 1,3- e°a BODILY INJURY (Per person)',-S AOWAIED '.SCHEDULED ". 'AUTOS INSURER E: NON OWNED INSURER F: COVERAGES CERTIFICATE NUMBER: 3g7547RAAn REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRI ----- �A�DCSOBR. POLICV EFF POLICY EXP LTRI TYPE OF INSURANCE INSR D'' POLICY NOMRER MMIDOIYVW MMIDDIYYYY LIMITS A GENERAL LIABILITY I Y 6086590418 e/V2014 9/1/2015 i EACH OCCURRE NCE %81,000000 -'-- - -- DAMAGE TUKeNTFO 'I^ COMMERCIAL GENERAL LIABILITY _ : PRE IN SESEaocwdnce).,$100000 T CLAIMS-MADE IX OCCUR ! �MEDEXP (Any onepersonf X55,000 PERSONAL&ADVINJURY 151,000,000 GENERAL AGGREGATE 152,000,000 I.GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGO $2,000,000 �1. PRO. li ._. POLICY : LOC $ C AUTOMOBILE LIABILITY BAS926733 9!1/2014 0/112015 _ _ (Ea eccmentl I $1.000,000 X ANY AUTO ! BODILY INJURY (Per person)',-S AOWAIED '.SCHEDULED ". 'AUTOS ! BODILY INJURY (Par accident) $ NON OWNED PROPERTY DAMAGE S HIRED AUTOS 'AUTOS "', '(Per accldenl) A i OCCUR 5086590399 9/1/2014 9/1/2015 EACHOCCURRENCE $2,000,000 I XESS LIAR CLAIMS -MADE UEDRI REBTENTIO AGGREGATE $ IX X� N310,000 ': 5 B WORKERS COMPENSATION 3300064036141 4/112014 4/1/2015 1X WCSTATU- OTH.' AND EMPLOYERS' LIABILITY YIN : 'TORY LIMITS ER. _. ANY PROPRIETORIPARTNERIEXECUTI /5 EL. EACHACCIDENT $1,000,000 OFFICERIMEMSER EXCLUDED? L NIA C....J - — '. (Mandatory In NH) F.1. DISEASE -EA EMPLOYEE S1,000,000 If Yes. describe under ' --- —___ -- DESCRIPTION OP OPERATIONS helm, E.L. DISEASE - POLICY LIMIT $1,000,000 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remark. Schedule, if mere apace Ie requlrod) RE: Landscape maintenance services of District 4 City of Santa Ana; its officers, employees, agents, volunteers and representatives are included as additional insured as respects general liability per the attached form. Reviewed by: 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: Purchasing Department 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 yy f�•fu/ ©19882010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD G- 140331 -D (Ed. 01/13) BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS — WITH PRODUCTS- COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: Sl:F1CUULC I Name of Additional Insured Persons Or Organizations I (As required by "written contract" per Paragraph A, below,) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section II - Who Is An Insured is amended to Include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract'; or b. "Your work" that is specified in the 'Written contract" but only for "bodily injury" or "property damage" included in the "products- completed operations hazard," and only If: (1) The "written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph B.1, above, the words 'caused in whole or in part by' are replaced by the words 'arising out of. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than a. The maximum permitted bylaw; b. That required by the "written contract' c. That described in B.I. above, or d. That afforded to you under this policy, whichever is less. Reviewed by: Silvia Cuevas PRCSA /Adrn1n.`A1 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or G- 140331 -D (Ed.01 /13) Page 1 of 2 Copyright, CNA All Rights Reserved. G- 140331 -D (Ed. 01/13) any other basis. But if required by the "written contract" to be primary and non - contributory, this insurance will be primary and non - contributory relative to insurance on which the additional insured is a Named Insured. 6. The insurance provided to the additional insured does not apply to "bodily Injury ," "property damage," or "personal and advertising injury" arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional Insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other Insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit "; and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non- contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the fallowing definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to. a, The "bodily injury' or "property damage "; or b. The offense that caused the "personal and advertising injury," Reviewed by; for which the additional insured seeks coverage under this Coverage Part. Silvia Cuevas .41 All other terms and conditions of the Policy remain unchanged. PRCSA /Admin. G- 140331 -D (Ed 01/13) Page 2 of 2 Material used with permission of ISO Properties, Inc. Copyright, CNA All Rights Reserved. CNA CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT G- 18052 -J (Ed. 07 -12) It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions In the body of this endorsement. —1. Additional Insureds Seven additional insured extensions._ 2. Bodily Injury - Expanded Definition mm 3. Broad Knowledge of Occurrence/ Notice of Occurrence 4. Broad Named Insured 5. Broadened Liability Coverage For Damage To "Your Product" And "Your Work" _ Limit: $100,000. 6. Contractual Liability - Railroads Expanded definition of "insured contract." 7. Contractual Liability For Personal And Advertising Injury _ 8. Electronic Data Liability Loss of Electronic Data Limit: $100,000. 9. Expanded Personal And Advertising Injury - Discrimination Or Humiliation 10. Expected Or Intended Injury — Reasonable force - "bodily injury or "pre�e ty damage." _- 11. General Aggregate Limits Of Insurance - Per Project 12. In Rem Actions - 13, Incidental Health Care Malpractice Coverage 14. Joint Ventures /Partnership /Limited Liability Companies Coverage for your interest in such terminated or ended ore anizations. - 15. Legal Liability /Alienated Premises /Borrowed Equipment Coverage Extended perils. Default limit increased to $500,000 for Damage to Premises Rented To You. _ $25,000 limit for "property damage" to borrowed tools or equipment at a jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension — 18. Medical Payments Limits increased to $15,000. _ Reporting increased to three years from the date of accident. 19. Non -owned Aircraft Coverage 20. Non -owned Watercraft Reviewed fJj/:T` Increased to 75 feet. — — 21. Primary And Non - Contributory To Other Insurance _ 22. Property Damage - Elevators 23. Supplementary Payments Silvia Cuevas rfit Cost of bail bonds increased to $5,000. i��ZCS�i�CifYilfl. Daily loss of earnings increased to $1,000. 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation - Blanket Waiver of subrogation where required by written contractor written agreement. 26. Wrap -Up Extension G-18652 -J (Ed. 07-12) — - .__ - - -- Page 1 of 12 Copyright, CNA All Rights Reserved. 1. ADDITIONAL INSURED SECTION II — WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs A. through G. below whom you are required to add as an additional insured on this policy under a written contract or written agreement, provided the written contract or written agreement: I. Is currently in effect or becomes effective during the term of this policy; and it. Was executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury" for which the additional insured seeks coverage. However, we will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. The maximum permitted by law; b. Required in the written contract or written agreement; c. Afforded to you under this policy; or d. Described in the applicable paragraphs A. through G. below. A. Controlling Interest G- 18652 -J (Ed. 07 -12) 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. D. Lessor - Land An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. E. Lessor-Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to; Any persons or organizations with a controlling 1. Any "occurrence" which takes place after interest in you but only with respect to their you cease to be a tenant in that premises; liability arising out of W e �a ` d �,ytt� or t� 1. Their financial control of you; or F.eN 2. StrugWral alterations, new construction or 2. Premises they own, maintain or control oiltion operations performed by or on while you lease or occupy these premises. U N85 behalf of such additional insured. This insurance does not apply to aet2fY ei1w p'I � &Ol tgagee, Assignee or Receiver alterations, new construction and demolitio } Q[2 !P� A mortgagee, assignee or receiver but only with operations performed by or for such additionaI respect to their liability as mortgagee, assignee, insured. or receiver and arising out of the ownership, B. Co -owner of Insured Premises maintenance, or use of a premises by you. A co -owner of a premises co -owned by you and covered under this insurance but only with respect to the co- owner's liability as co -owner of such premises. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. C. Lessor - Equipment G. State or Governmental Agency or 1. Any person or organization from whom you Subdivision or Political Subdivisions lease equipment, but only with respect to A state or governmental agency or subdivision liability for "bodily injury," "property damage" or political subdivision subject to the following or "personal and advertising injury" caused, provisions: in whole or in part, by your maintenance, 1. This insurance applies only with respect to operation or use of equipment leased to you the following hazards for which the state or by such person or organization. governmental agency or subdivision or G- 18652 -J (Ed. 07 -12) Page 2 of 12 Copyright, CNA All Rights Reserved. llli,k I_1 political subdivision has issued a permit or authorization in connection with premises you own, rent, or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. The construction, erection, or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance. 2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 3. This insurance does not apply to a. "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or G- 19652 -J (Ed. 07 -12) CONDITIONS is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an "occurrence," offense, claim, or "suit" only when the "occurrence," offense, claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, If you are a limited liability company. B. NOTICE OF OCCURRENCE Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suit" and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However you shall give written notice of this "occurrence," offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence," offense claim or "suit." 111111111114;1*7c11.LU +iL�+3l�f 11101!] b. "Bodily injury" or "property damage" included within the "products- A. Any subsidiary or affiliate organization, other completed operations hazard." than a partnership, joint venture or limited liability company, in which a Named Insured A governmental permit which requires you to specifically shown in the Declarations has add the governmental entity as an additional management control, directly or through one or insured will trigger this Provision 1. as if the more subsidiary organizations, at the time of permit were a written contract. loss will qualify as a Named Insured but only if 2. BODILY INJURY— EXPANDED DEFINITION ,is no other similar insurance available to p,ev1ewe C�h�r d organization, nor similar insurance which SECTION V-- DEFINITIONS, the definition of ould be available but for exhaustion of its "bodily injury" is changed to read: �g , (��) limits. For the purpose of this provision, similar "Bodily injury" means bodily injury , sickness or ' �„yt�guuwrrea7s general liability or equivalent disease sustained by a person, including Cki ' iii�ce, no matter whether its coverage is r or narrower than that provided by this humiliation, shook, mental anguish or mental injury pRICSA'Afe. But if the only other similar by that person at any time which results as a insurance is for a "consolidated (wrap -up) consequence of the bodily injury, sickness or program,' then a subsidiary that qualifies as a disease. Named Insured on such project - specific 3. BROAD KNOWLEDGE OF OCCURRENCEI insurance can still qualify as a Named Insured NOTICE OF OCCURRENCE on this insurance, but not for projects covered Condition 2. Duties in The Event of Occurrence, by the "consolidated (wrap -up) program." Offense, Claim or Suit of SECTION IV — (Please see Item 21 of this endorsement for COMMERCIAL GENERAL LIABILITY the definition of "consolidated (wrap -up) program."] G- 19652 -J (Ed. 07 -12) Page 3 of 12 Copyright, CNA All Rights Reserved B. This endorsement does not apply to any organization for which coverage is excluded by another endorsement attached to this policy. C. Only for the purpose of this endorsement: 1. Management control means: a. Ownership Interest representing more than 50% of the voting, appointment, or designation power for the subsidiary organization's governing body; or b. Having the right, pursuant to a written contract, or pursuant to the by -laws, charter, operating agreement, or similar document of a specifically shown Named Insured or controlled subsidiary organization to select, appoint, or designate a majority of the subsidiary organization's governing body. Such contract or document must have been created prior to the time of loss; or c. Having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer and sell property held by a trust. 2. Governing body means the Board of Directors of a corporation. 3. Loss means: a. The occurring of the "bodily injury" or "property damage "; or b. The committing of the offense that caused the "personal and advertising injury." D. The insurance provided by this policy applies to Named Insureds when trading under their own names, or under such trading names or doing - business-as (DBA) names as any should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO "YOUR PRODUCT" AND "YOUR WORK" A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusions k. and 1. and replace them with the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage" to "your product" arising out of it, or any part of it except when caused by or resulting from: G- 18652 -J (Ed. 07 -12) (2) Smoke; (3) Collapse; or (4) Explosion. I. Damage to Your Work "Property damage" to "your work" arising out of it, or any part of it and included in the "products- completed operations hazard." This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) Collapse; or (d) Explosion. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to S. above, $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence" because of "property damage" to "your product" and "your work" that is caused by fire, smoke, collapse or explosion and is included within the "product- completed operations hazard." This sublimit does not apply to "property damage" to 'Your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. C. This Provision S. Broadened Liability Coverage For Damage To "Your Product" And "Your Work" does not apply if an endorsement of the same name is attached to this policy. 6. CONTRACTUAL LIABILITY— RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of "insured contract" in SECTION V — DEFINITIONS is replaced by the following: "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by Reviewed by: G- 18652 -J (Ed. 07 -12) Page 4 of 12 C n �p ` , Copyright, CNAAII Rights Reserved. Silvia Cuevas ttc- PRCSAIAdrnin. € d you with permission of the owner is not an "Insured contract "; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with won<for a municipality; e. An elevator maintenance agreement; If. That part of any other contract or agreement pertaining to your business (including an Indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or 'property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed In (1) above and supervisory, inspection, architectural or engineering activities. 7. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Under SECTION I - COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion e. Contractual Liability. This provision 7. does not apply to any person or organization who otherwise qualifies as an additional Insured on this Coverage Part. 8. ELECTRONIC DATA LIABILITY A. Under SECTION I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete G-1 8652-J (Ed. D7 -12) exclusion p. Electronic Data and replace it with the following: [This insurance does not apply to:] p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of "bodily injury." B. The following paragraph is added to SECTION III- LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most we will pay under Coverage A for all damages arising out of any one "occurrence" because of "property damage" that results from physical injury to tangible property and arises out of "electronic data." C. The following definition is added to the SECTION V - DEFINITIONS: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD -ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purposes of the coverage provided by this endorsement, the definition of "property damage" in SECTION V - DEFINITIONS is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical Injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data," resulting from physical injury to tangible property. All such loss of "electronic data" shall be G- 18052 -J (Ed. 07 -12) - - - - - - -- - - -- Reviewed by; Page 5 of 12 Copyright, CNA All Rights Reserved. Silvia Cuevas V PRCSA /Admin. hr deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this Provision 8. Electronic Data Liability is part of, and not In addition to, that higher limit. 9. EXPANDED PERSONAL AND ADVERTISING INJURY - DISCRIMINATION OR HUMILIATION A. SECTION V — DEFINITIONS is amended to add the following to the definition of "Personal and advertising injury": h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation Is: (1) Not done intentionally by or at the direction of: (a) The Insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Under SECTION I — COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to add the following additional exclusions: [This insurance does not apply to:] Discrimination Relating To Room, Dwelling or Premises "Personal or advertising injury" caused by discrimination directly or Indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. G- 18652 -J (Ed. Page 6 of 12 G- 18652 -J (Ed. 07 -12) This provision 9. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 10. EXPECTED OR INTENDED INJURY Under SECTION I —COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion a. Expected or Intended Injury and replace it with the following: (This Insurance does not apply to:] a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily Injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises you own or rent, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most we will pay for the sum of: 1. All damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard "; and 2. All medical expenses under Coverage C, that arise from "occurrences" of accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by "occurrences" which cannot be attributed solely to ongoing operations at a single construction project, except damages because of "bodily injury" or "property 2) Copyright, CNA All Rights Reserved. Silvia Cuevas PRCSA/Ad1 in, j damage" included in the "products - completed operations hazard", and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project Aggregate Limit or the General Aggregate Limit, depending on whether the "occurrence" can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the "products- completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard," regardless of the number of locations involved will reduce the Products - Completed Operations Aggregate Limit shown in the Declarations. E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS Any action in rem against any vessel owned or operated by or for you, or chartered by or for you will be treated in the same manner as though the action were in personam against you. In rem is a term used to designate actions Instituted against the thing, as distinct from actions against the person, which are said to be in personam. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE A. With respect only to "bodily injury" that arises out of a "health care incident," COVERAGE A-- BODILY INJURY AND PROPERTY DAMAGE LIABILITY OF SECTION I — COVERAGES is amended to replace Insuring Agreement 07 -12) Page 7 of 1 G- 18652 -J (Ed. 07 -12) Paragraphs 1.b.(1) and 1.b.il with the following: b. This insurance applies to "bodily injury' only if you are not in the business of providing professional health care services, and only if: (1) The "bodily injury" is caused by an "occurrence" that takes place in the "coverage territory." For the purpose of this insurance: (a) "Bodily injury" caused by a "health care incident" will be considered caused by an "occurrence'; and (b) All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single "occurrence "; (2) The "bodily injury" occurs during the policy period. All "bodily injury" arising from an "occurrence" will be deemed to have occurred at the time of the first act, error, or omission that is part of the "occurrence ": and B. With respect only to the insurance provided by this Provision 13., Exclusion 2.e. Employer's Liability of SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, is amended to append the following Only for "bodily injury" not covered by other liability insurance (including state- sanctioned self insurance) available to the insured (or which would be available but for exhaustion of its limits), this exclusion does not apply to "bodily injury" that arises out of a "health care incident." C. SECTION V — DEFINITIONS is amended to add the following new definition: "Health care incident" means a negligent act, error or omission by your "employees" or "volunteer workers" working on your behalf in the rendering of or failure to render professional health care services in any of the following capacities, or the related furnishing of food, beverages, medical supplies or appliances: a. Physician; b. Nurse; c. Emergency medical technician; d. Paramedic; e, Chiropractor; RBVIeWeCi bj/: Copyright, CNA All Rights Reserved, Sllvla Cuevas t© f��. PRCSA /Adrnin. f. Dentist, , g. Athletic trainer; h. Audiologist; I. Physical therapist; j. Psychologist; I Speech therapist; I. Other allied health professional; or m. Provider of first aid or Good Samaritan services rendered in an emergency and for which no payment is demanded or received. D. SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to add the following additional exclusions. These new exclusions apply only to this Incidental Health Care Malpractice Coverage: [This insurance does not apply to:] Dishonesty or Crime Any dishonest, criminal or malicious act, error or omission. Clinical Trials / Product Testing Acts, errors or omissions that occur in the course of human clinical trials or product G testing. Medicare /Medicaid Fraud Medicare or Medicaid fraud or abuse. Services Excluded by Endorsement Any "health care incident" for which coverage is excluded by endorsement. E. SECTION V — DEFINITIONS is amended to add the following subparagraph to Paragraph f. of the definition of "insured contract ": Paragraph f, does not include that part of any contract or agreement: (4) Under which you assume another's tort liability for "bodily injury" arising out of the rendering of or failure to render professional health care services. F. SECTION 11 — WHO IS AN INSURED is amended to add the following provisions: 1. Your "employees" are insureds with respect to: Page 8 of a. "bodily injury" to a co-"employee" while in the course of the co- "employee's" employment by you or while performing G- 18852 -J (Ed. 07 -12) duties related to the conduct of your business; and b. "bodily injury" to a "volunteer worker" while performing duties related to the conduct of your business; when such "bodily injury" arises out of a "health care incident." 2. Your "volunteer workers" are insureds with respect to: a. "bodily injury" to a cc- "volunteer worker" while performing duties related to the conduct of your business; and b. "bodily injury" to an "employee" while in the course of the "employee's" employment by you or while performing duties related to the conduct of your business; when such "bodily injury" arises out of a "health care incident." 3. Paragraphs 2.a. (1)(a), (b) and (c) of SECTION II — WHO IS AN INSURED do not apply to "bodily injury" for which insurance is provided this Provision 13. 4. Paragraph 2.a.(1)(d) of SECTION II — WHO IS AN INSURED is deleted. With respect to the insurance provided by this Provision 13., the following is added to Paragraph 4.b.(1) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: To the extent this insurance applies, it is excess over any of the other insurance (including qualified self insurance), whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy, 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A. The following is added to SECTION II — WHO IS AN INSURED: 4, Copyright, CNA All Rights Reserved . You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period, but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage-does not__ apply: a, Prior to the termination date of any joint venture, parmER6tQ�aW e6,pdbility company YY sji7[� cuevas ►►jts' PRCSA /Admin. b. If there is other valid and collectible insurance purchased specifically to Insure the partnership, joint venture or limited liability company; or c. To a joint venture, partnership or limited liability company which is or was insured under a "consolidated (wrap - up) insurance program." (Please see Item 26.C. of this endorsement for the definition of "consolidated (wrap -up) program. "] B. The last paragraph of SECTION II - WHO IS AN INSURED is deleted and replaced by the following: Except as provided under the Contractors' General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 15. LEGAL LIABILITY /ALIENATED PREMISES/ BORROWED EQUIPMENT A. Under SECTION I -- COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: [This insurance does not apply to:] J. Damage to Property "Property damage" to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, If the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the Insured; G- 18652 -J (Ed. 07 -12) Paragraph (2) of this exclusion does not apply if the premises are "your work." Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to tools or equipment loaned to you. A separate limit of insurance applies to such tools or equipment that are damaged while being used in your operations. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III - LIMITS OF INSURANCE. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard." B. Under SECTION I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE the last paragraph of Paragraph 2. Exclusions is deleted and replaced by the following. Exclusions c, through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. C. The following paragraph is added to SECTION III - LIMITS OF INSURANCE: (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing D. operations, if the "property damage" arises out of those operations, or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was Incorrectly performed on it. G- 18652 -J (Ed. 07 -12) Page 9 of 12 Subject to 6. above, $25,000 is the most we will pay under Coverage A for damages arising out of any one "occurrence" because of "property damage" to tools or equipment loaned to you by others that occurs while the equipment is being used to perform operations. Paragraph 6. Damage To Premises Rented To You Limit of SECTION III - LIMITS OF INSURANCE is replaced by the following: 6. Subject to Paragraph S. above, (the Each Occurrence Limit), the Damage To Premises Rented To i it is th most we will pay under �i y: Copyright, CNA All Rights Reserved. SIIVIa Cuevas Ly(dS- PRCJnrA, /Aflnnln A COVERAGE A for damages because of "property damage" to any one premises while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (ii) That is property insurance for premises rented to you, for premises temporarily occupied by you with the permission of the owner; or for personal property of others In your care, custody or control; F. This Provision 16. does not apply if Damage To Premises Rented To You Liability under SECTION — I — COVERAGE A is excluded by endorsement. 16. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge, your policy will automatically provide the additional coverage as of the date the revision is effective in your state. 17. LIQUOR LIABILITY Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion c. Liquor Liability. This provision 17. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 18. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit, of SECTION Ili — LIMITS OF INSURANCE is deleted and replaced by the following: 7. Subject to Paragraph 6. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under SECTION — I — COVERAGE C for all medical expenses because of "bodily injury' sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000; or Page 10 of 12 G- 18652 -J (Ed. 07 -12) (2) The amount shown in the Declarations for Medical Expense Limit. B. Paragraph 1.a.(3)(b) of SECTION I — COVERAGE C MEDICAL PAYMENTS, is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and This paragraph B. does not apply to medical expenses incurred in the state of Missouri. 18, NON -OWNED AIRCRAFT Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY. Paragraph 2. Exclusions is amended such that exclusion g. Aircraft, Auto or Watercraft does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. The aircraft is rented to you with a trained, paid crew: and 3. The aircraft does not transport persons or cargo for a charge. 20. NON -OWNED WATERCRAFT Under SECTION 1— COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft and replace it with the following. [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge. 21. PRIMARY AND NON - CONTRIBUTORY TO OTHERINSURANCE With respect to any person or organization that is an additional insured under this Coverage Part, the following is added to Paragraph 4. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If you have agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary and we will not seek contribution from that other insurance. For the purpose of this Provision 21., the additional Copyright, CNA All Rights Reserved. - Silvia CUeV7S 011S- PRCSA /Adrnin, insured's own insurance means insurance on which the additional insured is a Named Insured. This Provision 21. does not apply in situations where the endorsement on this policy affording coverage to the additional insured specifies that this insurance is excess over any other insurance available to that additional insured. 22. PROPERTY DAMAGE — ELEVATORS A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended such that exclusion k. Damage to Your Product, and subparagraph (3), (4) and (6) of exclusion J. Damage to Property do not apply "property damage" that results from the use of elevators. B. With respect only to the coverage provided by this endorsement, Condition 4. Other Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph b.(1)(a)(v): 4. Other Insurance b. Excess Insurance (1) This insurance is excess over (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (v) That is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments — Coverages A and 8, Paragraph 1.1c., the limit of $250 shown for the cost of bail bonds is replaced by $5,000: B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If unintentionally you should fail to disclose all existing hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. PI3l1ifih_1UI [9 39= T�7:irZrl_riiC•Pn <311l, I2i Ii Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is Page 11 of 12 G- 18652 -J (Ed. 07.12) We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Your work" included in the "products completed operations hazard." However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only If the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss 26. WRAP -UP EXTENSION: OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP -UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a "consolidated (wrap -up) insurance program" by applicable state statute or regulation: If the endorsement EXCLUSION — CONSTRUCTION WRAP -UP or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O,C,I.P.) or Contractor Controlled Insurance Programs (C.CJ,R) is attached to this policy, then the following changes apply: & The following wording is added to the endorsement: With respect to a "consolidated (wrap-up) insurance program" project in which you are or were involved, this exclusion does not apply to those sums you become legally obligated to pay as damages because of 1. "Bodily injury," "property damage," or "personal or advertising injury" that occurs during your ongoing operations at the project, or during such operations of anyone acting on your behalf; nor 2, "Bodily Injury" or "properly damage" included within the "products- completed operations hazard" that arises out of those portions of the project that are not "residential structures." S. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS amended to add f eViewed by: Copyright, CNA All Rights Reseried. Silvia Cu ev as Ijlr PRCSA //\�drnin. CNA the following subparagraph 4.b,(1)(c) to Condition 4. Other Insurance: [This insurance is excess over:] (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to you as a result of your being a participant in a 'consolidated (wrap -up) insurance program," but only as respects your involvement In that "consolidated (wrap -up) insurance program." C. SECTION V — DEFINITIONS is amended to add the following definition: "Consolidated (wrap -up) insurance program" means a construction, erection or demolition project for which the prime contractor /project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or All other terms and conditions of the Policy remain unchanged. G-1 8652-J (Ed. 07.12) Contractor Controlled Insurance Program (C.C, I. P.). "Residential structure" means any structure where 30% or more of the square foot area is used or is intended to be used for human residency including but not limited to single or multifamily housing, apartments, condominiums, townhouses, co- operatives or planned unit developments and also includes their common areas and /or appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). When there is no individual ownership of units, residential structure does not include military housing, college /university housing or dormitories, long term care facilities, hotels, or motels. Residential structure also does not include hospitals or prisons. This provision 26. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part, This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and ex Tres concurrently with said Policy.__ G- 18652 -J (Ed. 07 -12) Page 12 of 12 Material used with permission of ISO Properties, Inc Copyright, CNA All Rights Reserved. Reviewed by: PRCSA /Armin