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HomeMy WebLinkAboutLANDSCAPE WEST MANAGEMENT SERVICES, INC. DBA PALO VERDE LANDSCAPE MANAGEMENT COMPANY - 2014City of Sant- Ana Clerk of the C uncil AGREEMENT TERMINATION FORM 2n'I Please complete this form when the attached agreement and all C)TY L at . �'� t•71 ANA amendments (if any) are no longer in effect. �'r COL INCIL Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The No. (Lis Use Only agreement witeo h - t` -,C/q _ was completed on tall amendments. Use space below if needed.) S id final payment has been made. Department: Msk Phone/Ext.: Signature: f Ly� Dole: y ILA o 2 A- 2014 -014 INSURANCE ON FILE WORK MAYPROCE.ED UN11L 4NSURANCF FXPIRES CLERK OF COUNCI L iJ DATE: 2 -3-1 ( LANDSCAPE AND MAINTENANCE AGREEMENT �j TIUS AGREEMENT, made and entered into this 6n` day of January, 2014 by Landscape West Management Services, Inc., dba Palo Verde Landscape Nlanagement Services, 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 "). w RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of high - level park landscape maintenance comparable with standard 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 I covering eight (8) City properties, as set forth in City's Request for Proposal 13 -068, dated October 30, 2013, incorporated by reference to this Agreement, the Specification for Routine Maintenance, attached hereto as Exhibit A, and Contractor's Proposal dated November 21, 2013, . incorporated by reference to this Agreement. Said maintenance includes the baseball /softball diamond mumtonance, which Contractor has subcontracted to Major League Softball, Inc. 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 confomnanee with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per Park not meeting the Specifications during any such inspection. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $259,000, plus a ten percent (10 %) contingency for total amount not to exceed $284,900.00 annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed during the prior month, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall continence on January 6, 2014 and terminate on January 31, 2015 unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve finding for the Agreement for any fiscal year covered herein. The Term may be extended for up to four (4) additional one -year terms upon 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, ajoint 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 widertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation hnsurance. 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 2 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 fiimish 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 Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services provided by Contractor pursuant to this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor farther agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, �j6 electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 To Contractor: Landscape West Management Services, Inc. 3628 Country Road Chino, California 91710 Telefaesimile (909) 627 -0697 Telephone (909) 627 -7507 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 5 /-A 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, Comity 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 aid all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terns and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement aclauowledges 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. 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. 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. 1.3. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. b. Material Breach: If the Director determines the Contractor has failed in the performance of its duties and/or schedule as provided, the 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 Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. In the event of a material breach, which JZL - remains uncured after five (5) days notice to Contractor, City may terminate this Agreement with thirty (30) days written notice of termination. Contractor's failure to perform and deliver the work specified is considered a Material Breach and cause for the City to terminate or not renew. c. Termination by City: This Agreement may be terminated without cause by the City upon thirty (30) days written notice delivered to the Contractor either personally or by mail. Upon such termination, City shall pay Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. d. Termination by Contractor: Contractor must provide the City with One Hundred Eighty (180) days notice of termination. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirnis that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws aid regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herembelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall hndeumiify 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. 54-v-- IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 2^' Gw� MARIA D. iUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: r r Lisa Storck Assistant City Attorney CITY OF SANTA ANA 1 DAVID CAVAZOS City Manager LANDSCAPE WEST MANAGEMENT SERVICES, INC. dba Palo Verde Landscape Management Co. STACY KONIER President Tax ID4 2 f r° - z-i 7S�-9 �2 ,j i c- Cover Page LANDSWEWES7 Management ,Services, Inc, PROPOSAL Prepared for: City of Santa Ana Parks, Recreation and Community Services Agency Address: 20 Civic Center Plaza -M23 Santa Ana, CA 92701 ATTN: Frank Hernandez Senior Management Analyst Prepared by: Landscape West Managment Services, Inc. dba ]Palo Verde Landscape Management Co. November 21, 2013 BID, FOR LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 UP 13- 068 .PRCSA r� U �d Cover Page Page 1 Cover Letter Page 3 Company Information Page 4 Staff at Landscape West Page 5 Resume of Barry I {onier Page 6 Proposed Staffing Plan Page 7 Implementation Plan / Safety Information Page 8 Certifications & Organization Memberships Page 9 Equipment List Page 10 Photos Page 11 -12 Ball Field Maintenance Plan Page 13 -16 Proposal Deposit (Bid Bond) Page Not numbered Irrigation Certification Page Not numbered Exhibit C - Proposers Certifications & Cost Proposal Page 64 -65 Exhibit D - Reference Page 66 Exhibit E - Proposers Statement Page 67 Exhibit F - Certification of Nondiscrimination By Contractor Page 68 -69 Exhibit G - Responsible Proposer Supplemental Questionnaire Page 70 -72 Exhibit H - Noncollusion Affidavit Page 73 Landscape We t bia nagmant Services, Ino- 2 City of Santa A., BID NO RFP 13- 068PRCSA r .y own November 5, 2013 . City of Santa Parks, Recreation and Community Services Agency 20 Civic Center Plaza -M23 Santa Ana, CA 92701 RE: LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 Landscape West Management Services, Inc. dba Palo Verde Landscape Management Co. would like to thank -you for this opportunity to submit a proposal for your city and we look forward to the forthcoming bidding process. We have reviewed the RFP and we have walked all the sites. We feel confidents that our com- pany has the ability and experience to maintain all sites. All work that is to be performed will be done in accordance with the specifications listed in the General Landscape Specifications. This pricing included in this bid reflects labor, equipment, and material to perform all work. Land- scape West Management Services, Inc. dba Palo Verde Landscape Management Co. looks for- ward becoming your next Landscaping Company, If you have any comments or questions during this selection process please contact: Stacy Konier office: (909) 627 -7507 cell: (949) 436 -2778 email: Stacy @lwmsine.com Regards, Stacy Konier, President i.nndecape W,t bCanag men[ Servicas, Inc. 3 CLty of SanL, Arta_ BID NO RFT ]3- 068PRCSA Corporate Officer: Stacy Konier/ President Barry Konier/ Sectary, Treasurer Licenses & Identification Numbers: Federal Tax ID: 36- 4750952 Contractor's License: 985245 Organization Landscape West Management Services, Inc.(hereafter referred to as Landscape West.) is a dba to Palo Verde Landscape Management Co. (hereafter referred to as Palo Verde). Landscape West purchased Palo Verde in April of 2013. Palo Verde has been providing quality landscape mainte- nance services since 1982. Palo Verde Landscape Management Co. specializes in providing land- scaping services to community associations, HONs, planned urban developments, industrial parks, office parks, and County Parks, Palo Verde Landscape Management Co. and its employ- ees take pride in providing a very high quality of maintenance and service. One way we maintain this hight level of quality maintenance is by communication with our clients on a regular basis. We insures our clients needs are met and satisfied by fulfilling our customer needs of improving the property versus simply maintaining it. Geographic Coverage Landscape West currently services San Bernardino County, Los Angeles County, Orange County, and Riverside County. Current Contract with Similar Scope of Work (SOW) Landscape West currently holds several contract that are similar in SOW to the City of Santa Ana Bid No. 13 -068. One of the contract is with the Housing Authority of San Bernardino the annual contract amount is $ 333,299 per year. Landscape West also maintains two parks for the County of Orange; Clark Regional Park $158,911.94/ year and Carbon Canyon Regional Park $155,097.94 /year. L,,ndecapa West Managmeo[ Set vices, Tr, . 4 City of Santa Ava_ BID WO. RFP13- 068PRCSA ..! 1 1 T Stacy Konier/ General Manager Barry Konier/ Project Manager Robert Ibarra/ Regional Supervisor Rose Gonzales/ Office Manager, Accounts Receivable & Payroll Stacy Konier is President and General Manager for Landscape West. Stacy has been working for the company since its foundation. Stacy has attended Pepperdine University where she studied business and economics. She learned much about Landscaping and Horticultural from her father Barry Konier whom she currently works with. Barry Konier is the Project Manager for Landscape West. Barry owned a company called Land- scape West, Inc. Landscape West, Inc. was formed in the late 70's and held contracts for many of California's Cities, Counties, and Parks. Barry sold his company in the early 2000's to Service Master (now called True Green) Barry works with his daughter Stacy Konier to oversee and help with daily operations at Landscape West. Please see attached resume for Barry (resume on next page). Robert Ibarra is the Regional Supervisor for Landscape West. He oversees all Laborers, Fore- man, Mechanics, and Irrigation Technicians on a daily basic. Rose Gonzales is Landscape West office manager. Rose is bilingual in Spanish and English. Rose is able to communicate well with spanish speaking employees as well as spanish speaking customers. Rose has well over 25 years of customer services, and can easily handle any situa- tions that may aries. Rose also overlooks all office tasks, including accounts payable and payroll. Foreman: Currently Landscape West has 11 Full time foreman. Foreman are in charge of ap- prox. 2 -5 men depending on the size of the job. Foreman speak English as well as Spanish and have the knowledge and experience to complete daily tasks required by the j ob. Laborers: Currently Landscape West employs 35 frill time Landscape Laborers. All our employ- ees are well trained in all aspects of safety in accordance with O.S.H.A and the California De- partment of Labor. Landscape West partakes in biweekly tailgate sessions to train employees about safety and various landscape techniques. Landscape Rest blane8ment Services, Icc_ 3 C;ty of Santa Ana_ BID NO RFP 13068PRCSA Experience -Short Personal Resume From Managing Partners Barry Konier Below is a resume from one of Landscape West Managing Partners. i`C F `.. ( N j C rA EDUCATION Cal Poly Pomona Pomona, CA Bachelor of Science in Horticulture and ParkAdministration ASSOCIATIONS Southern California Landscape Contractors Association, Past President International Arborist Association, Past President (Western Chapter) EMPLOYMENT HISTOR`! Regional Manager, Landcare USA 199S -2000 Anaheim, CA Regional manager of Southern California operations. - Oversaw operations of approximately 5o,000 landscape and tree trimming services accounts. President, Landscape West 1978 -1996 Anaheim, CA Started Landscape West to provided landscape and tree trimming services for California cities with offices in both Northern and Southern California. Employed approximately 600 personnel and had contracts with 45 cities around California. Landscape West provided landscape services to both the public and private sector. The services of the company included the following; turf maintenance, athletic fields maintenance, pest control, tree trimming, irrigation, grounds maintenance, chemical application, fertilization, custodial services, and beach maintenance. Director of Parks & Recreation, City of Whittier 1974 -1978 Whittier, CA - Responsible for the recreation services as well as maintenance of all cityparks andfacilities. Assistant Director of Parks & Recreation, City of West Covina 1971 -1974 West Covina, CA Responsible for maintenance, design, and development for the city parks, medians, and street maintenance. Park Administrator, City of Lakewood Lakewood, CA 1968 -1971 - Responsible form aintenance, design, and development fort he city parks, medians, and street maintenance. LICENSES - California C -27 Landscape Contractors Arborist Pest Control Advisor Lendsm,pe Wes[ M,negmen[ Services_ Inc. 6 City of Same An,, '. BID NO RFP1- 068PRCSA Landscape West hand selected crew for your city. Landscape West has the skills. knowl- edge, and experience necessary to exceed your expectations. General Manager Accountable for overall satisfaction with the Project . Oversees schedule of Crew . Interfaces with city representative . Oversees training programs Regional Supervisor . Creates daily, weekly, monthly schedule Manages crews . Interfaces with on -site contact . Conducts training and safety programs Irrigation Specialist . Conducts DAILY irrigation inspections . Adjusts, repairs and troubleshoots problems Makes quarterly migation inspection . Adjusts Irrigation during incline weather Leadsman . Helps identify problem areas . Directs and leads work crew . Ensure readiness of workers, tools and materials . Maintains safe working conditions . Assists with chemical applications Mowing • Fertilize • Ensure facility maintenance Landscape Labor Pruning • Fledging • Cultivating • Weeding Trash removal of all areas • General clean- up • Remove and or report graffiti • Wash down areas Mowing Crew Mowing • Edging • Blowing Landscepa Wes[ Inc. 7 City of SaOLR Aye_ RID NO RFP13 -068PRCSA Regional Supervisor: The Regional Supervisor will inspect the site twice per week Certified Irrigator: One frill time Irrigator to work 40 bours per week Foreman: One fidl time Foremen to work 40 Hours per week Mowing Crew: A Three man mowing crew will be supplied once per week (approx. weekly his 24) For Ball Field Maintenance Weekly Schedule please refer to page 13 -17 for more information Speciality Crews will be provided for select items like; aeration, fertilization, herbicide spraying, post + Pre emergent turf spraying Safety Program Employee Handbook Every employee that is hired by Landscape West is presented with an Employee Handbook in both English and Spanish, This handbook is filled with company policy and safety information. All employees are required to abide by all safety programs. A copy of the Handbook and Safety information can be provided upon request during the solicitation process. Tailgate Safety Meetings Every employee attends weekly safety tailgate meetings. Topics are presented by the crew fore- man or regional supervisor. Tailgate safety meetings are to help remind and inform employees in the importance of safety in the workplace. Safety Gear Landscape West Employees are all equipped with safety vest, uniforms , gloves, ear protectors, masks, hats, boots, and goggles. Please see attached photos on page 11. I_and'c"Pe Wes[ Mnnegm�nt Se[v [ce a, Inc_ 8 Cfty of San[a Anu_ BBD NO. RFP13- 958PRC3A Staff Certifications chi Organization Memberships + California Landscape Contractor's License 6 Certified Arborist + Pest Control Advisor License # Pest Control Applicator License + Certified Landscape Irrigation Technicians ® Irrigator Technical Training School: Please see attached Certificate (page not numbered) 4 CALM- California Association of Community Managers + CAI- Community Association Institute + CLCA- California Landscape Contractors Association Note: Copies of all licenses can be provided upon request during the solicitation process. Equipment List The Following equipment will be used in accomplishing the required work: + E X Mark: 72" Mower f Aerator + 104" Hustler Mower + Trash Cans / Trash Bags • Walk- Behind Mowers +Small Tools; Pruners, Shovel, Gas Cans, ]Lad #Redmax Backpack Blower der, Wrench, Water Jugs, Etc. • Redmax Edgers + Safety Gear; Safety bits, Safety Glasses, Masks, Gloves, Ear Protectors, & Safety Vests + Redmax Weed - eaters + Standard Janitorial / Building Maintenance + Redmax Kedge Trimmer Equipment & Supplies- As Needed + Chemical Backpack Strayers + Chemical Spray Rig- As Needed + Chainsaws + Irrigation Utility Work Truck + Chevy Extended Cab Pickup Truck + Paper Picker / Grapplers + Pole Pruners + Steel & Flex Rakes + Burlap Sheets + Scoop Shovels + Square& Round Point Shovels Photos Equipment List: Uniformed Employee: Careen Pants, Colored Stripped Shirt, Safety Vest, Ear Protectors, Eye Protectors, & Work Shoes Work Vehicle: Company Logo, CA State License Number, Office Phone Number Trailer With 1VIower: 104 Hustler Mower & 62" EX Mark Mower Pick- Up Truck With Trailer Irrigation Pickup Truck iM Overview of the MLS Ball Field Maintenance Division: Founded in 1986, Major League Softball, Inc. (hereafter "MLS") has been engaged in the business of contracting various sports programming and field maintenance /renovation services with municipal and county agencies throughout the State of California MLS's `Ball Field Maintenance Division" was estab- lished during 1992 and has provided municipal agencies with a vast array of tailored ball field mainte- nance programs. The `Ball Field Maintenance Division" is managed by Patrick May, a full time, dedi- cated Director of Field Maintenance Operations. The MLS Field Maintenance Division is divided into five (5) geographic "Areas" in Southern California and each "Area" has a dedicated "Area Lead ". Though each Area Lead is fully equipped to perform every aspect of the infield maintenance services specified in the City of Santa Ana's Request for Proposals, the key to MLS's success is that Area Leads are "free to roam and inspect" the work of their crew members (referred to as Tractor Operators or TO's). Area Leads are also available to "fill in" if there is ever an emergency involving a TO or a client requests extra work or needs more infields prepared on short notice. For quick access and optimal communication, every Area Lead and TO are required to carry a working cell phone at all times. Presently, the five (5) Area Leads oversee a total of eleven (11) TO's that are assigned a set of infields each day which are referred to as "TO routes ". The Director is directly responsible for all initial and fol- low up training and he also spends a great deal of his time inspecting the work of the Area Leads and their TO's. The Santa Ana contract will be assigned to MLS's "Central Orange County Area" and the work will be managed on a day to day basis by the Director. As this is an extremely important contract to MLS, the Director will also be highly involved with the daily operational details and weekly meetings. MLS understands that the ball diamonds in Santa Ana are used by a variety of groups which have diverse needs. In any City where there are a large number of fields, the infield maintenance contractor has to pos- sess the experience, equipment mid staff to handle complicated logistics, unique situations involving third party user groups and unforeseen emergencies. After 27 years in business serving more than 25 municipalities simultaneously, MLS is eminently quali- fied to meet the high standards that the City of Santa Ana has specified. In fact, in just a few months MLS dramatically improved 23 infields in every District in the City of Santa Ana. MLS is confident that City of Santa Ana Parks Maintenance staff will provide highly positive testimonials as to our technical expertise and the quality of the service MLS delivers each and every day. Routine Maintenance Program: Major League Softball, Inc. ( "MLS ") will employ the following maintenance plan to address the Daily, Weekly, Bi- Monthly and Annual tasks ball fields defined in the City's current Request for Proposals for the infields specified for Districts 1 and 3: MLS will dedicate two (2) TO's to perform the daily /weekly routine described below. The Area Lead will also visit Santa Ana every day to inspect the work and to address ally questions or concerns raised by ei- ther the General Contractor or City inspectors. The Area Lead will have a complete "rig" containing a John Deere 1200 and all the necessary hand tools so there will be three (3) fully outfitted rigs in Santa Ana every day in Districts 1 Landsc.Va Nest Macasmen[ Secv is as, [ac. 13 City of Santa Ana. BI➢ NO RFP13- 968PRCSA It should be noted that MLS has additional rigs in nearby cities such as and Orange and can call upon TO's from these areas in die event of an emergency or unforeseen circumstances. MLS has a fill] Seale Area Office in the City of Orange at Bart Park and will stage all Santa Ana operations from its Orange; County Area office. 11c Daily Routine Maintenance Program will take into account that specific locations on each ball field (referred to as "high- impact areas ") endure heavy traffic and displacement of infield mix and thus require special attention. High- impact areas such as batter's boxes, catcher's and umpire's places behind home plate, the pitcher's mound, the base paths, and the sliding areas around the base anchors will receive addi- tional watering and scarifyurg on a daily basis; and traction material will be added when needed. The Routine Maintenance Program consists of the following steps that are performed on a daily basis: I. Using a gas powered leaf blower or push broom, dugouts will be swept daily. Infield mix will be re- turned to the infield area and unwanted trash and debris will be disposed of in a proper trash recepta- cle. (Leaf rakes will be used to ensure maximum trash /debris removal.) 2. All perimeter edges where infield mix meets grass or fencing will be hand raked using a landscape rake. 3. (lase anchors, plates and pitching rubbers will be checked for wear or damage. Then, using a land- scape rake, any displaced infield mix material in high - impact areas (as defined above) will be back- filled in low areas. 4. The entire traction area will be pre - watered in preparation for dragging. S. Using a John Deere 1200 ball field conditioner, the grading /leveling attachment will be employed to evenly distribute traction material over the entire traction area surface of the infield while at the same time a "finishing" or "screen" drag will be pulled over the entire traction area surface to leave a smooth or "polished" surface. (Special attention will paid to varying the drag pattern, lifting the drag off the field while the drag is in a high impact area and raking out the spot where the drag is removed from the infield surface.) 6. Final water entire traction area of 'infield surface and apply additional water to all of the high impact areas. 7. The entire field shall be "walked" and any "detail" items that may have arisen will be addressed. Such items include brushing or washing back displaced infield mix from the previous evening's play or using a leaf rake to brush back infield mix that has been carried off the infield into the grass with the Jl) 1200 tires or a hose. Sports Priority Turf Program & Specialized Weekly/ Monthly Tasks MLS will dedicate an experienced staff member (the Director or Area Lead) to handle the specialized tasks associated with perimeter/border edging, infield mowing, periodic turf aeration and fertilization, and irrigation controller management. This staff member will be equipped with a gas pow- ered edger, Tru Cut "Greens" reel mower, walk behind piston type aerator mid a mechanical broadcaster. The infield turf inside the base lines and the foul ground areas adjacent to the infields shall be mowed with a "Greens" mower two (2) tunes per week. The area 36" beyond the infield perimeter borders /arcs shall be mowed with a "Greens" mower one (1) time per week year round. It is important to understand that the staff member charged with this responsibility will be a highly skilled individual that will be adept with leaving clean, straight borders and will be experienced and knowledge- Lands .Pe %V ,t ?�danag me ¢t Sery rues, tna. €4 City of Santa Ann_ HID NO r.FP134)6STa1 79A able with turf maintenance techniques. This way, both routine and specialized services will be rendered at an unsurpassed level of quality and will be consistently performed on schedule. Bi- Monthly Tasks Using either a Kubota 2700 or 4100 tractor, both equipped with customized scarifying tines and a 3 point grading box, scarify each infield surface to a depth of 12 inch. Then using the grading box, "float" the infield surface to remove areas that are high and ensure a level playing surface. When the floating process is complete, the infield mix will be heavy watered to ensure proper compaction prior to use. This task will be performed by the Director or an Area Lead and will be completed based on the time schedule pre- scribed by City staff. Annual Tasks (Laser Leveling and Infield Mix Materials) As one of the State's largest purchasers of infield mix, mound clay and Turface products, MLS will pro- vide the infield mix materials specified in the Santa Ana RFP at the most competitive prices obtainable. MLS has already locked in pricing for the next year and Material Sales Unlimited is warranting that the material will be delivered to MLS on demand. After the infield mix has been delivered and dump spread, the Director will laser level each field using one of MLS's Kubota tractors outfitted with a 3 point grading system and dual cone laser. MLS warrants that all fields will be laser graded to optimize drainage and playing conditions. Annual Tasks (Priority Sports Thrf Renovation) As defined in Paragraph 12.6 in Attachment 1 of the City's Request for Proposals, the areas inside the base lines, foul ground adjacent to the infields and 36" beyond infield perimeter borders /arcs shall receive an annual renovation. The renovation shall consist of verti - cutting with straight blade reels, scalping the turf to 1/4 ", over - seeding top dressing. Contact Protocol Major Lcague Softball, Inc. is managed administratively by David R. Johnson, President. Johnson works out of both the Corporate Headquarters in Burbank and the Orange County Area Office in the City of Or- ange. The Contact Protocol to resolve any scheduling, service or operational issues will be as follows: 1) Contact Area Lead Jeff German. (Cell phone number and email address will be provided prior to contract commencement.) 2. 2) If the Area Lead is not immediately available, contact MILS Director of Field Maintenance 3 Operations, Patrick May. Cell phone numbers are 818.355.2167 and 562.965.3808. The Director's email address is patm@misoftball.com. 3) If neither the Area Lead or the Director are not available, contact the President directly at 818.355.2169 (mobile) or the office at 818.559.8787 Ext. 5, The President's email address is davej&iiso$ball.com. Solutions to Unspecified Problems MLS works with both public agency and private "prime" contractor staff' on a daily basis to provide mu- tually beneficial solutions to a constantly changing issues and challenges. The attached Statement of Prior Experience /Professional References provides detailed descriptions of the scope of each contract for simi- lar services and contact information for the staff that inspect and monitor MLS's performance. L.andncap, W_,r no 15 C WY of Santa Ana_ BID NO R1Y 13- 068PRCSA Generally speaking in this type of arrangement, sprinkler line breaks and/or sprinkler head problems are repaired by the entity that is responsible for the upkeep of the irrigation systems. If a sprinkler line or head repair is caused by an MLS crew member, MLS will take responsibility and repair the problem im- mediately at no charge. In cases where a quick coupler breaks or is partially open and leaking due to rocks or debris, MLS will repair the coupler and will invoice the work at the contractually defined "Special Service" Call Out rate. Parts and consumables will be invoiced at cost and paid receipts will be submitted with the invoice. MLS staff are capable of repairing sprinklers in emergency cases and can assist in emergency situations. Corporate Capitalization and Available Equipment MLS carries an average daily bank balance of over $400,000.00 across 17 different business checking accounts. MLS also has a $250,000.00 line of credit and has been approved for $1,000,000.00 in equip- ment leasing. MLS has not found it necessary to use these credit lines, but they are available to obtain new equipment when needed. Upon request, MLS can provided a complete Equipment List for a complete inventory of ball field main - tenance equipment currently possessed by MLS. As mentioned earlier, this is an important contract to MLS because of Santa Ana's juxtaposition and other market factors. MLS is committed to providing all new equipment on each rig that will serve Santa Ana including two (2) new John Deere 1200 ball field conditioners, hailers, edgers, mower etc. These items will be procured within two (2) weeks of a written "Notice to Proceed" from the General Contractor(s) selected by the City. MLS is firmly committed to being your sub - contractor for these infield maintenance services. Should you have questions or desire additional information do not hesitate to contact Dave Johnson. Statement of Qualifications The following is a list of clients that have engaged MLS for specialized ball field services. MLS also pro- vides "field prep" services to many other municipalities and MLS encourages prospective clients to con- tact any or all of its clients for background purposes. City of Santa Ana Juan Lopez Parks Superintendent P.O. Box 1988 Santa Ana, California 92866 (714) 448 -9127 Dana Robertson Parks Maintenance Superintendent 300 East Chapman Avenue Orange, California 92866 (714) 744 -7264 City of Cerritos Carlos Espinosa Recreation Services Supervisor Civic Center Cerritos, CA 90703 (562) 916 -1256 Landscape West M.inigincnt Services Inc. 16 Clty cf Santa Ana. BID NO RPP13- 068PRCSA Bond No.: CDGB101008 State National Insurance Company Administered by: " ° "" "`111 °"' »" " °"" — -" - CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC. Bid Bond Landscape West Management Services, Inc. KNOW ALL MEN BY THESE PRESENTS, thatwe 3628 Country Road, Chino CA 91710 (Here Insert full name and address or legal title of Contractor) State National Insurance Company, Inc. administered by: Contractor Managing General as Principal, hereinafter called the Principal, and Insurance Agency, Inc. 20335 Ventura Blvd. Suite 426 Woodland Hills, CA 91364 (Here Insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of Texas as Surety, hereinafter called the Surety, are held and firmly bound unto City of Santa Ana (Here Insert full name and address or legal title of owner) 20 Civic Cer�e�r920aza second Fir Rm 273 Santa Ana, as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Greatest Amount Bid Dollars ($ 5% G.A. B ), 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 Landscape Maintenance Services in Districts 1 and 3 (Here lasetfulI name, address and description ofproject) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance 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 furnished 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 Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee 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 sealed thisr 19th �day �of%November 20 ((`Pr'ncipal) (Seal) (. � fitness) I��ll � (Title) State National Insurance Company, Inc. administered by, Contractor Managing General Insurance Agency, Inc. (.0 (Seal) (Witness) (Title) Stephanie Hope Shear, Attorney -In -Fact 20355 VENTURA BLVD., SUITE 426, WOODLAND HILLS, CA 91364 PHONE: 866-363-2642 FAx: 866- 495.2510 CMGIA -SN IC- 015 -05112 Bond No.: CDGB101008 Premium: N/A Taxes & Fees: N/A State National Insurance Company, Inc. Administered by: CONTRACTOR MANAGING, GENERAL INSURANCE AGENCY, INC. POWER OF ATTORNEY KNOW BY ALL TIIESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under the laws of the State of Texas, having its principal office in Bedford, Texas does hereby constitute and appoint Stephanie Hope Shear its true and lawful attorney(s) -in -fact to execute, seal and deliver for acid on its behalf as surety, the following bond described as: Landscape Maintenance Services in Districts 1 and 3 and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these present, shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC. as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, STATE NATIONAL INSURANCE COMPANY, INC. has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 11th day of June, 2012. STATE NATIONAL INSURANCE COMPANY, INC. i.4� Terry L. Ledbetter, President STATE OF TEXAS County of Tarrant Wyatt D. Blackburn, Secretory On thisl lth day of June, 2011 before me came the individuals who executed the preceding instrument, to me personally Imown, and being by me duly sworn, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY, INC.; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board o r Directors of said Company. IN WITNESS WHEREOF, I have hereunto set my hand at Bedford, Texas the day and year above written. #�.�,...,.o., Mindy os N.ta s Nobly Pu ;; xtt Cantu Exy6t)$wit,l5 [Notary Stamp] Signature of Notary 1, Wyatt D Blackburn, Secretary of STATE NATIONAL INSURANCE COMPANY, INC., do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY, INC., which is still in hill force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attested the seal of said Company this 19thday of November , 2013. Wyatt D. Blackburn, Secretary CMG IA -SNI C-SU R -014 -05112 State of California County of Los Angeles Nov l q9 Z013 On before me, JAN MICHELLE RIVERA. NOTARY PUBLIC DATE NAME, TITLE OF OFFICER Personally appeared Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r�.z NOTARY SEAL EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PARK LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 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. In addition, add quantities of commodities and staffing levels for all routine work listed in the specifications. ROUTINE MAINTENANCE District 1 Acreage District Monthly Routine Monthly Ball Dia Monthly Total Annual Routine Annual Ball Dia Annual Total 1 Cesar Chavez /Campesino 7.00 1 2388.33 23s&33 28,660 28,660 2 Edna 2.50 1 1123.92 1123.92 13,487 13,487 3 El Salvador 9.00 1 2,669.25 2,982.00 5,651,25 32,031 35,784 67,815 4 Fairview Triangle 0.73 1 842.92 842.92 10,115 10,115 5 Newhope Library 0.56 1 84292 842.92 10,115 10,115 6 Riverview 8.00 1 1 2528.76 6333.75 30,345 45,660 76,005 7 Rosita 8.00 1 12,528.831-74750 3,276.33 30,346 8,970 39,316 8 17` Street &SA River Trail 0.69 1 1,123.92 1,123.92 13,487 13,487 9 Total All Locations 36.48 3 14 048.8 7,534.50 21,583.3 168,586 90,414 259,000 ROUTINE MAINTENANCE District 3 Acreage District Monthly Routine Monthly Ball Dia Monthly Total Annual Routine Annual Ball Dia Annual Total 1 Bomo Koral 11.00 3 2 CDA Downtown Properties 0.59 3 3 Delhi 9.00 3 4 Flower Bike Trail 5.45 3 5 Lillie King 10.00 3 6 McFadden Triangle 0.66 3 7 Madison 6.00 3 8 Memorial 15.50 3 9 PE Bike Trail 11.54 3 10 Sandpointe Park & Paseos 7.64 3 11 Sergerstrom Triangle 2.00 3 Total All Locations 79.38 Districts 1 and 3 Park Landscape RFP Page 64 SPECIALIZED SERVICES _ -- Hourly Wage I Landscape Maintenance Worker 25.00 2 Landscape Lead Worker 27.00 3 Certified Tree Worker 30.00 4 Lead Certified Tree Worker 35.00 5 Irrigation Assistant (Certified Installer & Repair Tech) 44.00 6 Certified Irrigation Technician (as specified) 45.00 7 Pesticide Assistant Operator 40.00 S CAC Pesticide Operator 50.00 Landscape West Management Services, Inc dba Palo Verde Landscape Management Co (909) 627- 7507 (909) 627 -0697 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 7 BUSINESSA DRESS 36- 4750957 C 27 # 985245 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) Major League Construction Services o. 818.559.8787 f. 818.559.9780 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS com SIGNATURE OF AUTHORIZED AGENT " DATE E -MAIL ADDRESS oc nnQnnnK 845268 (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. Districts 1 and 3 Park Landscape RFP Page 65 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 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 Housing Authority of San Bernardino Contact Individual: Marsha Zeller Address: 715 E. Brier Drive San Bernardino CA 92408 Contract Amount: B33,299.00 per year Phone Number: (909) 890 -0644 (ext 6342) Facsimile Number: (909) 890 -2349 Year: Currently Hold the Contact with HACSB Description of supplies, equipment, or services provided: Landscape Maintenance Service to Various HACSB Properties throughout the County of San Bernardino Reference Clark Regional Park: Customer Name: The County of Orange Address: 8800 Rosecrans Ave Buena Park, CA 90621. Contact Individual: Lorrie Zuczek Phone Number: (714)973-3171 Facsimile Number (714) 670 - -8074 Contract Amount: $158,911.94 per year Year: Currently Holds the Contract with The County of Orange Description of supplies, equipment, or services provided: Landscape Maintenance; Mow, Edge, Trash Removal, Detatch, Overseed, Weedabate, etc. Reference Carbon Canyon Regional Park Customer Name: County of Orange Address: 442 Carbon Canyon Road Brea, CA 92823 Contract Amount: $155,097.94 Description of supplies, Contact Individual: Maureen Beckman Phone Number: (714) 973 -3163 Facsimile Number: (714) 721 -1678 Year: Currently Holds the Contract with The County of Orange equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Districts 1 and 3 Park Landscape RFP Page 66 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 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 Landscape West Management Services, Inc, dba Palo Verde Landscape Management Co. Signed and Printed Name: Stacy Korier �°" �p y Title President Date —11/20/21 Q3 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Districts 1 and 3 Park Landscape RFP Page 67 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 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. 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 Districts 1 and 3 Park Landscape RFP Page 68 contractor may request that the United States enter into such litigation to protect the interests of the United States. 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 Landscape West Management Services, Inc. dba Palo Verde Landscape Management Co. Signed and Printed Name: Stacy Konier Title President Date 11/2012013 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Districts t and 3 Park Landscape RFP Page 69 2. 9 5. C� EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 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? Palo Verde has been in Business over 15 Years over this past year. We did a name change and started operating with a different licese. 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? $ 1,500,00.00 Per Year 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 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 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 Has your firm ever defaulted on a contract? ❑ Yes IN No If "yes," explain on a separate page. 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 9 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. 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 Districts 1 and 3 Park Landscape RFP Page 70 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 any time 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 0 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 ® 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 not yet ruled, or there is a court appeal pending, you need not include information about the citation.) Districts 1 and 3 Park Landscape RFP Page 71 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 ® 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. Districts 1 and 3 Park Landscape RFP Page 72 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 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. Signal 1 � _ State of California, County of �/M ( S bscribed and sworn to (or affirmed) before me on this V day of W( WI �i 20 by C \! ICON t'.V proved to me on the basis of satisfactory evidence to be the person who geared before me. i Rota Public Signature 1 i t 1 4 lam, A A MARIAN H. PEREZ d COMM. #2011917 Notary Public - California SAN BERNARDINO COUNTYA My Comm. Exp. Mar. 18, 2017 Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Districts 1 and 3 Park Landscape RFP Page 73 November 6, 2013 ADDENDUM NO. 1 REQUEST FOR PROPOSAL FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES FOR DISTRICT 1 & 3 RFP REFERENCE NO: 13 -068 DATE DUE: NOVEMBER 21, 2013- 4:00pm 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 -068 FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES FOR DISTRICT 1 & 3. This addendum shall become a part of the original Request for Proposal due by 4:00 p.m. on November 21, 2013. This addendum is provided in response to questions asked at the pre - proposal conference conducted on November 6, 2013. 1. Bid Sheet, Exhibit C Proposers Certification and Cost Proposal has been revised as follows: a. Delete District 3 item 6: McFadden Triangle /0.66 acres b. Add District 3 item 11: Santa Ana Zoo /16.85 acres c. Revise District 3 Total All Locations from 79.38 acres to 95.57 acres. d. Add prices for Add Alternate work to be performed per Exhibit A. 2. Attachment 1 Subcontractor Ball Diamond In -Field Maintenance a. Add Address information for Elite Infields Elite Infields 14161 Barber St. Westminster, CA 92683 (714) 913 -8281 3. Attachment 4 Agronomic Plan has been revised as follows: a. Add District 1 and 3 Seed - Topper -Sand Agronomic Plans for fertilizer, seed topper and USGA topdress mix. See attached. b. Revise District 3 Post Emergent Agronomic Plan (deleted McFadden Triangle and added Santa Ana Zoo). See attached. 1 c. Revise District 3 Pre- Emergent Agronomic Plan (deleted McFadden Triangle and added Santa Ana Zoo). See attached. 4, Attachment 5 Maps has been revised as follows: a. Delete McFadden Triangle Map. b. Add Santa Ana Zoo Map. See attached Santa Ana Zoo map. 5. Attachment 9 2013 -2014 Sport/Priority Turf Renovation Schedule has been revised as follows: a. Add 2014 -2015 Sport/Priority Turf Renovation Schedule to Attachment 9. See attached added Attachment 9 2014 -2015 Sport /Priority Turf Renovation Schedule to Attachment 9. 6. Exhibit A Scope of Services has been revised as follows: a. Add to IL Grounds/Landscape Maintenance Specifications/ E. Routine Maintenance/ 1. Turf Care/ i) Sport/Priority Turf / (1) Renovation the following paragraph: The Contractor shall install a 6' high temporary construction fence, complete with double wide access drive gates, along the perimeter of sport/priority areas. The fence shall be installed on the first day of the of the scheduled renovation period. The City shall provide the Contractor "No Trespassing" signs who will then install the signs on the fence. Should signs be removed or vandalized the Contractor shall immediately replace the signs Prior to the installation of the fence the Contractor shall submit for the City's review a minimum of two competitive bids from fence contractors. Once approved the City shall pay 50% of the total cost of the construction fencing. No mark -ups on the cost of the fencing will be allowed. If during the course of the turf renovation process the fence is damaged /vandalized the City shall pay for the repairs to the fence. 7. Exhibit A Scope of Services has been revised as follows: a. Add to II. Grounds /Landscape Maintenance Specifications/ E. Routine Maintenance/ 2. Ground Cover Care/ b) Mulching of Bare Areas the following paragraph: Sandpointe Paseos: Instead of mulch, the contractor may elect to cultivate /turn over the soil in these shrub /ground cover areas where mulch would tend to be removed along with the pine needles during regular planter bed maintenance. This shall be done to a depth of 3" once per month. Note that the Taft Street Pasco shall be maintained under the specification including mulch. 2 8, Question: What is the current annual bid amount (including the 10% contingency) for District 1 and 3? Answer: District 1 $279,259 District 3 $702,341 9. Question: Where is the proposal packet to be submitted? Answer: Please refer to page 2 of the RFP for submittal information. 10. Question: Is the same contractor being awarded both districts? Answer: The city policy is to award one company a single district. 11. Question: Will the City be looking at contractor equipment, yard, staff, etc...? Answer: The City reserves the right to look at these items as well as any additional items needed to ensure proper performance. 12. Question: Does Orange Coast College have an Irrigation Technician Certification Program? Answer: The City does not have this information. 13. Question: If available, can proposers use the Orange Coast College Irrigation Technician. Certification Program to meet the requirements of the RFP? Answer: Since the City is not familiar with the program provided by Orange Coast College, this is not an acceptable substitute. 14. Question: Are there any yards? Answer: There are no yards associated to District 1 and 3. 15, Question: Is a bid bond required for each district? Answer: A bid bond is required to cover the amount equal to the larger of the two districts. Should you have any question, or require additional information, please contact Frank Hernandez, (714) 571 -4218, fhernandez a Santa- ana.org. 3 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PARK LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 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. In addition, add quantities of commodities and staffing levels for all routine work listed in the specifications. ROUTINE MAINTENANCE District 1 Acreage District Monthly Routine Monthly Ball Dia Monthly Total Annual Routine Annual Ball Dia Annual Total 1 Cesar Chavez /Campesino 7.00 1 2 Edna 2.50 1 3 El Salvador 9.00 1 4 Fairview Triangle 0.73 1 5 Newhope Library 0.56 1 6 Riverview 8.00 1 7 Rosita 8.00 1 8 17'n Street & SA River Trail 0.69 1 9 Total All Locations 36.48 3 ROUTINE MAINTENANCE District 3 Acreage District Monthly Routine Monthly Ball Dia Monthly Total Annual Routine Annual Ball Dia Annual Total 1 Bomo Koral 11.00 3 2 CDA Downtown Properties 0.59 3 3 Delhi 9.00 3 4 Flower Bike Trail 5.45 3 5 Lillie King 10.00 3 6 Madison 6.00 3 7 Memorial 15.50 3 8 PE Bike Trail 11.54 3 9 Sandpointe Park & Paseos 7.64 3 10 Sergerstrom Triangle 2.00 3 11 Santa Ana Zoo 16.85 3 Total All Locations 1 95.57 Districts 1 and 3 Park Landscape RFP Page 1 SPECIALIZED SERVICES PRINTED NAME OF AUTHORIZED AGENT TITLE Hourly Wage 1 Landscape Maintenance Worker 2 Landscape Lead Worker 3 Certified Tree Worker 4 Lead Certified Tree Worker 5 llrrigation Assistant (Certified Installer & Repair Tech) 6 Certified Irrigation Technician (as specified) 7 Pesticide Assistant Operator 8 QAC Pesticide Operator 9 Pressure Wash Operator ADD ALTERNATE SERVICES PRINTED NAME OF AUTHORIZED AGENT TITLE Cost 1 Price per month - Daily trash pick -up 4' from fence lines Bristol to Orange 2 Price per month - Continuous weed control 4' from fence lines Bristol to Orange 3 Price per acre - Renovate sport /priority turf w/ Stover's Grand Slam 4 Price per acre - Renovate sport /priority turf w/ Stover's Bermuda Dunes 5 Price per acre — Renovate casual turf w/ Stover's Whittet Kikuyu LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS RIZED AGENT SIGNATURE OF AUTHORIZED AGENI FEDERAL ID NUMBER (IF APPLICABLE) TITLE DATE E -MAIL ADDRESS CONTRACTOR LICENSE NUMBER (IF LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS 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. 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L Q CA Ln N 0 • ■ ■'' 111 1 eee ■ ■ ■ ■ee ■■ wee e eee ■ ■ ■ ■ ■ ■ee ■ ■■ ■119 ■ ■■ ' '1 ■ ■ ■ ■ ■ ■ ■1 ■ ■1 ■ ■ ■ ■ ■■ t e ®e t eeeeeeeeee ������ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■• 119 ■ ■ ■■ � ���1 r r r" BENNIE F.: ■■■■■■ ■ ■ ■ ■ ■■■ �1■ _ _ ' monism o on ■ I IL, ■ ■ ■ ■ ■■1 ■ ■ ■ ■ ■■ ■ ■111• ■ ■- ■i ■ �■�■ ■ ■ ■� t ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■F� . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ e�r r I�ir. ■ ■ ®� e ■■ F FF F FETE 6 -1 1 1 1G1 L 6:1■ � �.� I ®E�■ . .�If� � ��' 1 H I fir "' � � F F � � C �_� � CI � f � � �F, ■ ■� � ��■'� " ■ ■■ ' ®E� ■ ■CC� 1 1 ■ ■IM2F ■ ■E 1 1 ■ ■ ■ ■ ■ ■1 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ F ■F 1 1 r n■1■■�■■■■ 1111111 m m1 ®FI■� 1 �u■� 1 ■(,i�f1 ■ ■■■■1■■■■■■■ ■111 ■ ■1 ■ ■1 ■ ■1 ® ■ ■E, 1 11 r r ■ ■,I � ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ i ■® ■ ■ 1 1 ■ ■ ■ ■■■■■■■ ■ ■ ■ ■1■■ ® ■ ■ ■� i iV a ■ ■ ■ ■ ■ ■ ■ ■1 ■ ■ ■ ■ ■ ■■■: �11 ■ ■ ■ NINON ■ ■ ■ ■■ ■9■1■■ 1 1 ■ ■■■■■■■■■■■ ■� ■ ■■ ■ ■■■ ■ ■1■■■■■■ ■■I! ■ ■■ C C ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ loll m H Hip 3 3 s �3 Iu filh E x E 0 �gh5fa �o apw 0 S e rc 3e3 a' 8�o m 5 S 3�sS ew s� pF� eOO=V as' is November 18, 2013 ADDENDUM NO.2 REQUEST FOR PROPOSAL FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES FOR DISTRICT 1 & 3 RFP REFERENCE NO: 13 -068 DATE DUE: NOVEMBER 21, 2013- 4:OOpm 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 -068 FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES FOR DISTRICT 1 & 3. This addendum shall become a part of the original Request for Proposal due by 4:00 p.m. on November 21, 2013. This addendum is provided in response to inquiries received by the City and clarifications to the RFP that the City is issuing. 1. Attachment 5 Maps has been revised as follows: a. Add Delhi and Lillie King Park Map. See attached maps. 2. Question: Does the contract renew on mutual consent or at the Cities sole discretion? Answer: Contract renewal is by mutual consent. If the contractor wishes to exercise their right to opt out of the agreement they need to provide the City 180 days written notice in order for the City to put in place a new agreement. Additionally, the City has the right not to renew the agreement if the contractor fails to deliver the work specified. TERMS AND CONDITIONS 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. 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 TERMINATION The City reserves the right to terminate the contract as follows: 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 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. 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. 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. 2 LIQUIDATED DAMAGES 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. Clarification: The City has a no pesticide use policy inside the Zoo, but does allow certain synthetic pyrethrins around the buildings for Argentine ants and fire ants. Glyphosphate can be used outside animal exhibits on a limited basis and the location and time of spraying needs to be approved beforehand. 4. Clarification: The following is additional information regarding alternative service 1 -Price per month - Daily trash pick -up 4' from fence lines Bristol to Orange: The location of the service is along the Pacific Electric Bike Trail from Bristol Street to Orange Avenue. Should you have any question, or require additional information, please contact Frank Hernandez, (714) 571- 4218, fheinandezgsanta- ana.ore. d W IA v m h A M Ta fan 222 uk x g a wm r r x s d W Ny co 2 0 r c I 3 w s r rm r '�n_ � .Y •���i� ��%`'m}a stn, '��# /{ ; ° "�w � 7MV �om`y4 }l5' I1 H A i � � A K � K a , 3 N N V N 3 , D B 1 N 03 / / w AWN '�n_ � .Y •���i� ��%`'m}a stn, '��# /{ ; ° "�w � 7MV �om`y4 }l5' I1 y is H A i � � A K � K y is REQUEST FOR PROPOSALS (RFP) FOR LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 RFP 13 -068 PRCSA CITY OF SANTA ANA Parks, Recreation and Community Services Agency 20 Civic Center Plaza -M23 Santa Ana, CA 92701 Frank Hernandez Senior Management Analyst (714) 571 -4218 Office fhernandez@santa-ana.org KEY RFP DATES: Issue Date: October 30, 2013 Pre - proposal Conference: November 6, 2013, 9:00 a.m. Proposal Due Date: November 21, 2013, 4:00 p.m. Projected Award Date: January 6, 2014 Districts 1 and 3 Park Landscape RFP Page 1 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide landscape maintenance services in Districts 1 and 3. Responses to the Request for Proposals (RFP) will be accepted until NOVEMBER 21, 2013 at 4:00 p.m. If further information is required, contact Frank Hernandez at (714) 571 -4218 orfhernandez @ santa- ana.org. All notifications, updates and addenda will be posted on the City's current RFP Bid page at santa- ana.org /bids -rfps. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful proposer must possess or obtain a valid California C27 Contractor's license prior to the scheduled award date of this contract. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Frank Hernandez, Sr. Management Analyst Parks, Recreation and Community Services Agency -M23 20 Civic Center Plaza, Second Floor, Rm #273 Santa Ana, CA 92701 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Frank Hernandez at fhernandez@santa- ana.org. The receiving time in the Parks, Recreation and Community Services Agency -M23, 20 Civic Center Plaza, Second Floor, Rm #273, Santa Ana, CA 92701, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE. DO NOT E -MAIL RFP RESPONSES. DO NOT FAX RFP RESPONSES. Districts 1 and 3 Park Landscape RFP Page 2 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR LANDSCAPE MAINTENANCE SERVICES — DISTRICTS 1 AND 3 TABLE OF CONTENTS I. INTRODUCTION 4 II. 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 XXI. PROTESTS 9 EXHIBIT A SCOPE OF SERVICES 11 ATTACHMENT 1 BALL DIAMOND IN -FIELD MAINTENANCE 31 ATTACHMENT 2 ANNUAL COLOR PLANTING AND MAINT. 40 ATTACHMENT 3 TREE PRUNING SPECIFICATIONS 41 ATTACHMENT 4 AGRONOMIC PLAN 50 ATTACHMENT 5 MAPS 51 ATTACHMENT 6 POLICY FOR DRIVING ON PARK PROPERTY 52 ATTACHMENT 7 STA MUCLH & SEED TOPPER TESTING REQUIREMENTS 53 ATTACHMENT 8 APPROVED EQUIPMENT 54 ATTACHMENT 9 2013 -2014 SPORT /PRIORITY TURF RENOVATION SCHEDULE 55 ATTACHMENT 10 PARK MAINTENANCE INSPECTOR'S MONTHLY SCHEDULE 56 EXHIBIT B SAMPLE AGREEMENT 57 EXHIBIT C PROPOSERS CERTIFICATION AND COST PROPOSAL 64 EXHIBIT D OFFERERS REFERENCES 66 EXHIBIT E PROPOSERS STATEMENT 67 EXHIBIT F CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 68 EXHIBIT G RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE 70 EXHIBIT H NONCOLLUSION AFFIDAVIT 73 EXHIBIT I SAMPLE ADDITIONAL INSURED ENDORSEMENT 74 Districts 1 and 3 Park Landscape RFP Page 3 iA f N r' l* CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 INTRODUCTION The City of Santa Ana is issuing this Request services in Districts 1 and 3, and is interested in landscape services at the 19 parks and othi specification included as Exhibit A describes contractor. II. PERIOD OF CONTRACT for Proposals (RFP) for landscape maintenance receiving proposals from contractors for providing r properties listed in Exhibit C. The detailed the quality of work that is expected from the Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of 12 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 January 6, 2014 and may be adjusted as necessary. III. OPTION OF RENEWAL The term of this agreement may include a 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 shall accompany each proposal. The proposal deposit must be 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 WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be 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 Districts 1 and 3 Park Landscape RFP Page 4 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. VI. SCOPE OF WORK/SERVICES 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 shall be 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 reserves 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 will become property of the City. All responses to the RFP shall become 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 reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be 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,. Districts 1 and 3 Park Landscape RFP Page 5 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. 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 the RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. XIV. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are 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 has full authority to bind the proposer (Exhibit H). XV. PRE - PROPOSAL CONFERENCE A pre - proposal conference is scheduled for November 6 2013 at 9:00 a.m. at City of Santa Ana Corporate Yard, Administration Building, 220 S. Daisy Ave., 2 "d floor Training Room, Santa Ana, CA 92703. The meeting will include a brief discussion of the specifications and will be followed by a question- and - answer session and job walk. All questions must be submitted in written form. After the pre - proposal conference, City will respond by posting and addendum on the City website (santa - ana.org /bids -rfps). It is highly recommended that proposer operation /field supervisors attend this meeting. Districts 1 and 3 Park Landscape RFP Page 6 XVI. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at santa - ana.org /bids -rips. No oral interpretations will be 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 must be made in writing via e-mail to the projects manager no fewer than five 0) calendar days prior to the date and time set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XVIL SUBMITTAL INFORMATION AND DEADLINE Proposals are 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 will not be accepted. XVIII. SUBMITTAL REQUIREMENTS The RFP is 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 must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must 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 is required: Cover Letter — A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. 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 should 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 shall submit a general description of the deliverables and timelines to implement the project. Districts 1 and 3 Park Landscape RFP Page 7 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 shall submit one of the acceptable irrigation certifications listed on page 19. EXHIBIT C — PROPOSERS CERTIFICATION AND COST PROPOSAL C. EXHIBIT D — REFERENCES — The Proposer shall submit 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 F. EXHIBIT G — RESPONSIBLE PROPOSER— SUPPLEMENTAL QUESTIONNAIRE G. EXHIBIT H — NONCOLLUSION AFFIDAVIT H. The proposal must be completely responsive to the RFP. Any deviations to the requirements of this RFP must be included in the proposal. Such exceptions must be 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 reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted proposals. XIX. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: The response to this Request for Proposals should contain documentation of contractor's credentials and expertise in this field. Consideration will be given to contractors with demonstrable and documented experience in similar work. An evaluation committee will review the responses received and interview the companies who submit the most responsive proposals. The following evaluation criteria and weights will be used to evaluate the bids: A. 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. Districts 1 and 3 Park Landscape RFP Page 8 M XXI. B. 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 3. Acceptable, verifiable references and site reviews C. Cost of Proposal (50 %) Cost of base proposal Cost of specialized services Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to anv proposer with a score above 70. FOLLOW -UP OF EVALUATION PROCESS BY CONTRACTOR Contractors may follow up on the evaluation of the proposals by contacting Frank Hernandez via email at fhernandez @ santa - ana.org. The proposals will be reviewed by a committee of City team members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers and recommend 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. 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. PROTESTS Bidders may file a "protest" of a RFP with the City's Purchasing Department. In order for a Bidder's protest to be considered valid, the protest must: A. Be filed in writing within five (5) business days of either the RFP posted date or before 5:00 p.m. of the 5th business day following the posting of Bid Results /Notice of Intent to Award Contract on the City's website; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested; D. Specify, in detail, the grounds of the protest and the facts supporting the protest; and E. Include all relevant, supporting documentation with the protest at time of filing. Districts 1 and 3 Park Landscape RFP Page 9 If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Manager will provide a written decision to the protestor within fourteen (14) calendar days. The protestor may then appeal the decision of the Purchasing Manager to the Assistant Finance Director within five (5) calendar days of the date of the written decision from the Purchasing Manager. The Assistant Finance Director will provide a written decision to the protestor's appeal. The decision from the Assistant Finance Director is final and no further appeals will be considered. Districts 1 and 3 Park Landscape RFP Page 10 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for landscape maintenance services in Districts 1 and 3. 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. b) Submittals Districts 1 and 3 Park Landscape RFP Page 11 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) certified payroll of employees assigned to the contract areas; 3) names, titles and assignments 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. Vehicles and equipment on the project site shall also be identified as belonging to the Contractor and in a well maintained /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. All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, OSHA safety mandates on traffic closure, excavation /trenching /shoring, confined space and hazardous waste identification and transport. 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 Districts 1 and 3 Park Landscape RFP Page 12 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. F. ACCESS TO PRIVATE PROPERTY Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and /or consent required from City and /or property owner. G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall protect City and /or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre- approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 6). H. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets without obtaining a permit. 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. All traffic control work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers in the general public, including but not limited to, OSHA safety mandates on traffic closure, MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) number of employees, employees daily work schedule by location and crew /task(s); 2) irrigation report including, but not limited to, name of park/facility, location in park/facility, controller letter, station numbers and their description (sport /priority turf, casual turf, groundcover, shrub, annual color) days of week on /off, run times, start times, water budget percent, weekly ET, percent of ET programmed, a detailed description of system deficiencies and schedule of repairs; and, 3) "green waste" recycling report. By the second Monday of the month the contractor shall submit the: 4) previous months pesticide /fertilizer use report (completed on the City's Excel form) that was forwarded to the Agricultural Commissioner's Office. Failure to submit these reports on time shall result in a $100.00 per day penalty for each report submitted late. J. WATER COST City will pay for water used by Contractor pursuant to this agreement up to a specified amount detailed in a monthly Estimated Applied Water (EAW) report. Should the amount of water applied exceed the monthly EAW then the Contractor shall pay the cost of the excess water. II. GROUNDS /LANDSCAPE MAINTENANCE SPECIFICATIONS A. DEFINITIONS 1. "Director" shall mean the Executive Director of Parks, Recreation and Community Services or designated representative. 2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." Districts 1 and 3 Park Landscape RFP Page 13 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 /detailing turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; ball diamond maintenance; picnic area maintenance; tot - lot maintenance; and, other services required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in a healthy and beautiful condition using the best industry/ horticultural accepted standards for growth, color, and appearance as determined by the Director. Contractor understands that it is assuming maintenance responsibility of the parks /locations "as is" and is responsible for improving all aspects of the parks, irrigation system, hardscape, turf, ground cover, plants and all other areas to the quality described in these specifications and interpreted by the Director's Representative. 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 Districts 1 and 3 Park Landscape RFP Page 14 Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. 1. 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 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 the appropriate number of Certified Irrigation Technicians and Certified Irrigation Technician Assistants in each district who possess, at minimum, the qualifications described in Section II.E.1.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. Once a deficiency has been discovered, either by the Contractor's staff or by the Director's staff the deficiency will be cured /repaired within two working days or the City may impose a penalty for each day the deficiency was not cured /repaired. 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. Districts 1 and 3 Park Landscape RFP Page 15 c) The Director may evaluate each of the Contractor's staff and if he /she finds that a Contract employee is not performing to the satisfaction of the Director, the Director shall require the Contractor to remove any employee from work sites at his or her discretion. 3. Materials a) The Contractor shall submit to the Director a list of all materials and /or chemicals that may be used pursuant to the terms of this Agreement. The list shall include Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturers data that may be pertinent. The list must be submitted before any materials /chemicals are used pursuant to this Agreement. b) The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: (1) All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition. (2) Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. (3) Tree stakes, tree ties and guy wires shall be of materials matching those existing at the work site or as specified by the Director. 4. Trash Disposal and Recycling All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters /green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. As an alternative, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for 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. 1. 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 Districts 1 and 3 Park Landscape RFP Page 16 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- sporUpriority 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 ". In order to achieve a quality cut at this height and not leave clippings the Contractor will perform a first cut using a rotary mower with clipping catching capability followed by using a power driven fairway reel mower and a walk behind reel mower along skinned infield brickdust areas, turf infields, turf infield foul areas, soccer /football fields, soccer /football out of bound areas. The Director's Representative shall direct the Contractor to mow the sport/priority turf lower than 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 only 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 Districts 1 and 3 Park Landscape RFP Page 17 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 1" 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 1 ". d) Fertilization (1) Casual Turf - Contractor shall apply fertilizer once per year (first week of January) 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. The Contractor shall visually check all sites each morning and physically check each sites systems monthly indicating in writing the: 1) site name; 2) controller letter /number; 3) run days; 4) start times; 5) station run times; 6) water budget percentage; 7) weekly Et; 8) deficiencies noticed; and, schedule to cure /repair deficiencies. (2) Contractor shall not schedule irrigation of casual turf or sports fields that would impact programs /events or at least 24 hours prior to the mowing process. During cooler periods of the year avoid irrigating 48 hours prior to the mow procedures to ensure a quality cut of the turf. (3) Under normal conditions the contractor shall not schedule irrigation on Friday and Saturday nights to avoid wet conditions during weekend usage. Prior approval will be required to irrigate during weekends to coordinate with reservations. (4) Turf areas shall be watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas show a lack of green color or a loss of resilience due to lack of water. If Contractor estimates additional water above and beyond the monthly Estimated Applied Water (EAW) may be needed, he /she shall request approval from Park Services prior to exceeding the monthly irrigation budget as detailed in the Monthly Water Conservation Report Estimated Applied Water (EAW) requirements. Failure to get approval from Park Services prior to exceeding the monthly irrigation budget will result in the Contractor paying for the excess water. (5) When an irrigation system does not adequately provide water to the turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate turf areas. Contractor may also submit AEWs with engineered drawings to improve these areas of the Districts 1 and 3 Park Landscape RFP Page 18 system. Failure to maintain turf in a green and healthy condition will result in deductions from the monthly invoice. (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 Certified Irrigation Technicians and Certified Irrigation Technician Assistant working on irrigation possess one of the following certifications: Certified Irrigation Technician 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) Certified Irrigation Technician Assistant a. 50% completion of Fullerton College Certificate of Proficiency in Landscape Irrigation Program b. 50% completion of UC Riverside Certificate in Landscape Irrigation Certificate Program c. Irrigator Tech Certificate Program (must possess all of the following): i. Certified Irrigation Repair Technician (GIRT) L 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 (1) The Contractor shall keep all turf, casual and sport/priority turf, free of all turf type weeds, especially Dallis Grass, Goose Grass, Smut Grass, Poa Annua, Nut Sedge, 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. Should the Contractor fail to control weeds in turf to the satisfaction of the Director he /she may hire an agricultural pesticide operator to perform the work and subtract the cost for this work from the Contractor's monthly invoice. (2) Contractor shall apply Dimension pre- emergent herbicide to all turf areas per the Pre - Emergent and Post - Emergent Agronomic Plan in order to control the germination and growth of all weeds in all turf year around. i.e. Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc. Districts 1 and 3 Park Landscape RFP Page 19 (3) 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. The Contractor shall use STA approved 'W minus compost seed topper to cover the seed topper pre mixed with California Organic 7 -1 -2 Phyta Boost fertilizer at a rate of 35 cubic yards per acre. (2) Should turf die back to the point where soil is visible, Contractor shall sod these turf areas using Greg Norman 1 hybrid Bermuda: 1) regular cut sod in casual turf areas; and, 2) 1 -1/2" thick cut sod in sport/priority turf areas. (3) The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City, repair thin or bare turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established. (4) Contractor also understands and accepts that Santa Ana is a very heavily used park system, including increased foot traffic, athletic play, and other uses. h) Aeration The Contractor shall aerate all turf areas, casual and sport/priority turf four (4) times per year 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. 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 '/" 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 Districts 1 and 3 Park Landscape RFP Page 20 35 cubic yards per acre using a Dakota Turf Tender or approved equal). The field shall be top dressed using USGA approved mix at '/" prior to seeding to provide a 100% flat playing surface using a Dakota Turf Tender or approved equal. 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 US Composting Council STA tested and approved compost mulch 2 %3" minus by 1/2" 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 Organic Phyta Boost 7 -1 -2 fertilizer premixed with '/" STA approved and tested compost at a rate of 35 cu April) per the City's agronomic plan (Attachment 4). d) Replanting once per year using California minus US Composting Council bic yards per acre (first week in 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 Districts 1 and 3 Park Landscape RFP Page 21 by contractor. Contractor must notify City within 30 days if plants planted by City /others begin to decline. 3. Shrub Care a) Pruning /trimming All shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning /trimming shall be done by hand shears or loppers in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on some shrubs, as set designated by the Director. "Box hedged" plants will be required to have all three sides level and straight to the satisfaction of 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 1/2" 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 '/" 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 Districts 1 and 3 Park Landscape RFP Page 22 In 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 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, Districts 1 and 3 Park Landscape RFP Page 23 should the Certified Arborist determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. 5. Vine 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 also prune the vine back to the wall to reduce the width and weight of the vine one -time per year in May. The Contractor shall keep vines off telephone poles or other non -wall surfaces at all times 6. Weeds, Disease and Pest Control — All 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 pre- emergent 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 Districts 1 and 3 Park Landscape RFP Page 24 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 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. Districts 1 and 3 Park Landscape RFP Page 25 (3) Protect the security of City property by keeping controller cabinet and building doors locked at all times. (4) Refrain from using locked premises for storage of materials, supplies or tools, except as approved by the Director. (5) Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. unless alternative hours are approved by City. c) Water Conservation (1) The Contractors Certified Irrigation 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, water budget percent, weekly Et and deficiencies. All deficiencies shall be cured /repaired within two working days or the Director shall impose penalties for failure to respond. 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 Districts 1 and 3 Park Landscape RFP Page 26 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, stamped or other enriched hard roadway surface areas, shall be thoroughly cleaned once every other week between Monday and Friday. Vacuums, blowers, sweepers or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent planters, streets or property. All debris must be picked up by the Contractor and removed from the site. Debris and litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches, loose rock, sand 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, park benches and other park amenities, 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) Sport Court Pressure Washing — see Section 12 below. (2) 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 daily site amenities and pedestrian paved areas free of debris, such as but not limited to, picnic tables, park benches, skate park, walls, planters, pool decks, 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 /amenities 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. Districts 1 and 3 Park Landscape RFP Page 27 f) Drinking fountains shall be cleaned, sanitized and unplugged on a continuous basis. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The Contractor shall remove all mineral build up, algae, stains, etc. The Contractor shall achieve this level of quality using a combination of cleansers, metal polish product, hand and /or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. 9. Playground/Tot -Lot Areas a) The Contractor shall provide maintenance of all playground /tot -lot sand and rubberized areas once a week. Maintenance shall include, but not limited to, loosening of compacted areas, re- grading sand /wood chips areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand /wood chips to assure that debris and any other foreign objects are removed, removal of weeds, removing sand /wood chips on sidewalks surrounding the playground /tot -lot, eliminating berms (including pre- existing) in the turf surrounding the playground /tot -lots (high pressure water blasting or sod cutting, leveling and re- sodding are approved methods), and trash and other undesirable material. Rubberized fall areas shall be cleaned of sand /wood chips and debris daily. Any sand /wood chips that accumulate on the rubberized surface shall be reused. Sand /wood chips and debris on the playground equipment shall be removed. b) The City shall be responsible for all playground equipment and tot -lot area safety inspections. 10. Ball Diamond Maintenance The Contractor shall retain a City approved 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. Districts 1 and 3 Park Landscape RFP Page 28 (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 e) Annually, the Contractor shall top dress turf using USGA mix at ' / ". Apply with Dakota Turf Tender or an approved top dressing machine that will achieve a level playing surface. f) 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 turf using USGA mix at ' / ". 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 Districts 1 and 3 Park Landscape RFP Page 29 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 lbs. or less. All trash receptacles and lids shall be wiped clean continuously as stains appear. b) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. c) After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas within two (2) days at no cost to the City. Debris (80 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 clean 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. Districts 1 and 3 Park Landscape RFP Page 30 ATTACHMENT NO. 1 SUB - CONTRACTOR BALL DIAMOND IN -FIELD MAINTENANCE DISTRICTS #1 AND 3 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. • 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 Delhi Park 2.1.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 2.2 El Salvador Park 2.2.1 Two (2) 60' base path Little League diamond with skinned brickdust infields. 2.2.2 Three (3) base path T -Ball diamonds with skinned brickdust infields. 2.3 Madison Park 2.3.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 2.3.2 One (1) T -Ball diamond with skinned brickdust infield. 2.4 Memorial Park Districts 1 and 3 Park Landscape RFP Page 31 2.4.1 One (1) 80'/90' base path Little League Junior /Senior diamond with skinned brickdust infield. 2.4.2 One (1) 60' base path Little League diamond with combination turf/brickdust infield. 2.4.3 Two (2) 60' base path Little League diamonds with skinned brickdust infields. 2.5 Riverview Park 2.5.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 2.5.2 One (1) 60' base path Major Little League diamond with sport turf and brickdust infield. 2.5.3 One (1) Minor Little League diamond with sport turf and brickdust infield. 2.5.4 One (1) T -Ball Little League diamond with sport turf and brickdust infield. 2.6 Rosita Park 2.6.1 One (1) 60' base path Major Little League diamond with sport turf and brickdust infield. 3.0 Schedule of Work to be Completed 3.1 Delhi Park: 2 day per wk Year round 3.2 El Salvador Park: 5 Days per wk, Feb 1 s' to July 15th 2 Day per wk, July 16th to Jan 318t 3.3 Madison Park: 5 Days per wk , Feb 1" to July 31st 3 Day per wk, July 16" to Jan 31st 3.4 Memorial Park: 5 Days per wk, Feb 1st to July 31st 2 Day per wk Aug 1 st to Jan 31 st 3.5 Riverview Park: 5 Days per wk, Feb list to July 151h 3 Day per wk, July 16th to Jan 31s' 3.6 Rosita Park: 5 Days per wk, March 1st to July 31st 2 Day per wk, July 30th to Feb 28th 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). Districts 1 and 3 Park Landscape RFP Page 32 4.2 Pitchers Mound /Home Plate /Basepath Areas 4.2.1 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 4.3.1 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 up or loosen up the skinned area. The drag shall be made of heavy -duty steel capable of carrying additional weight ('s). Digging teeth shall be hardened and pointed and be 1/2" in diameter. Pull chain shall be included. 5.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build -up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 5.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter /gentle movement of brickdust. This drag shall be galvanized metal "door -mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. 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. Districts 1 and 3 Park Landscape RFP Page 33 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. 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. Dugouts shall be cleaned daily and be free of brickdust, stains, weeds and other debris. Dugouts shall be hosed down weekly so they are completely free of any brickdust or other stains /gum, etc. 7.1.3 Contractor shall hose and /or sweep and hose out all dugouts so they are 100% free of Districts 1 and 3 Park Landscape RFP Page 34 brickdust, brickdust stains 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). 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. Districts 1 and 3 Park Landscape RFP Page 35 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 -13). 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 1/2" 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 1/4" 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" Districts 1 and 3 Park Landscape RFP Page 36 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'h" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi- monthly scarify /cut and level drag dates to contractor. 10.0 Work to be Completed "ANNUALLY" 10.1 Each year, the following renovation is to be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year. 10.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new 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 and maintain all base distances, pitching rubber distances and pitching mound specifications 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 uses the Hollywood Breakaway base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be Districts 1 and 3 Park Landscape RFP Page 37 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 %" 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. Districts 1 and 3 Park Landscape RFP Page 38 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 '/" high immediately following verticutting; 3) overseeded with Stovers Seed Company Bermuda Dunes at a rate of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately following seeding by Materials using "Santa Ana Top Dress Mix." 13.0 General Contract Provisions 13.1 Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. Districts 1 and 3 Park Landscape RFP Page 39 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: • Spring /Summer — April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias • Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus Vandalism Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing /damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant /replace missing /damaged plants within 48 hours. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. Districts 1 and 3 Park Landscape RFP Page 40 ATTACHMENT TREE PRUNING SPECIFICATIONS 1.00 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 Districts 1 and 3 Park Landscape RFP Page 41 The Contractor shall employee a full -time, permanently certified arborist, as accredited by the International Society of Arboriculture. This person is responsible for ensuring that the Contractor's crews are performing work according to SAPRF specifications. 1.04 SPECIFIC TREE PRUNING SPECIFICATIONS a. All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. b. All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. c. When tree pruning cuts are made to a side limb, such remaining limb must possess a basal thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning cut so affected within a reasonable amount of time. d. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be removed. e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. f. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and /or pest problems shall be promptly reported to an authorized SAPRF representative. g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and /or disease problems. h. Whenever pruning cuts are to be made, while removing limbs too large to hold securely in one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Such cutting back shall not include the removal of any live, healthy limbs in excess of six (6) inches in diameter without prior approval from an authorized SAPRF representative. 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. Districts 1 and 3 Park Landscape RFP Page 42 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. 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. Cutback ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. 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. 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. Districts 1 and 3 Park Landscape RFP Page 43 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 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: 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. Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: 1) Limbs of weak structure or otherwise hazardous. 2) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 3) Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 1.07 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lines and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits through the trees. Power line clearance pruning, therefore, shall consist of the removal of tree branches for proper electric line clearance in order to minimize the likelihood of power outages and improve safety. Specifically, trees shall be pruned in such a manner as to: a. Clear all branches and foliage within ten (10) feet of primary electrical lines. b. Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI Z133.1 -1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes Districts 1 and 3 Park Landscape RFP Page 44 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. 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. 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 Districts 1 and 3 Park Landscape RFP Page 45 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 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. Districts 1 and 3 Park Landscape RFP Page 46 1.15 SUBCONTRACTORS Subcontractors used in the performance of this project shall be listed in the Contractors Bid Proposal. Subcontractors shall be properly licensed by the State of California as a contractor to perform work of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be held liable for the correction of any deficient work. 1.16 ADDITIONS AND /OR DELETIONS OF WORK The SAPRF representative reserves the right to add and /or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and /or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 1.17 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 Districts 1 and 3 Park Landscape RFP Page 47 and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized SAPRF representative for a timely resolution of the problem. 2.03 CONTRACTOR'S STAFF The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. A qualified, English speaking supervisor in the employ of the Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available at all times to the SAPRF representative during work operations. The responsibility for all work performed will remain with the full -time certified arborist. The Contractor shall furnish the necessary competent and key personnel to properly supervise and direct the work of fully equipped, competent and experienced crews as well as all safety equipment, including but not limited to, all equipment and work procedures required by ANSI 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. Districts 1 and 3 Park Landscape RFP Page 48 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 (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. 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VI V n „ T « C N G Q K 6 N u alnpay3S uollelpddy m o ry m m N ry � N fl c o .� o ofi .J o vi vi .i of sang m o ry rT 77 p133V 31.wnH P!nbll v d .. o ,: o L i ulwe7Ad;o sluld m o m m io 0 o N o o v vi v N M m IAOn!W ;o slu!d N N O 0 0 in o m o m ry v n ti ^�o m-4ry vi o hm,� auoZ paadS ;o slu!d m o m s Min vl e m m m m a m Li m n 6 a% o Janlanay;o soauno Janlonay ;o swoop AS'eaAtl;Jn.L :is 'eaJtl}ml k a w a31S O F E ails O 1 ._ v-�c alnpay3S uol3e3pddy m O N M- N n- N fl c o l d of d o Ln Ln .. � sang m o ry rT 77 pla3tl 31wnH P!nbll v o .. o ,: o L i ulwelAd ;o slu!d 0 o N o 0 6 N 6 N m m IAonI W ;o sluld 0 0 in o m o m ry v n ti ^�o m-4ry vi o hm,� auoZ paadS ;o s7uld m o m. n M vl m m m m a m Li m n 6 a% o Janlonay ;o swoop :is 'eaJtl}ml a w ails O 1 ._ v-�c m° °u a o a v1pi vvi ♦f 1 1 A ATTACHMENT MAPS Districts 1 and 3 Park Landscape RFP Page 51 Page 51 -1 d W N Page 51 -2 LA yy m S N, MAN1 4 4* � re#it'1•gu �'"i tom' I Wow m p _ t* €i?:`_ s Ll a d W I F� N 0 1-h N co 0 - E1av 0 n� S( m0 sl O M_ EGI� Em, sl 0 p51 EBKM1nI ' WaxeAamAVe Pe�zny Pl i 0 m p v Noim9 9P1 � m XonmWPl. _. E Mcfa danAVO r g } O rr1 �y oNrv�t s E4[Mm:li D1D 77 0 l EH a N EH9[ rErE Ave EMWE :AV E SInMaR /wU St Nj r I� Ni g Pl •E&An,lW a N Y Q y � Page 51 -7 qve °' E9Mnki lPM 9t 1 IiF Q N 0 U) Zc�-4 x ;u rn 0 ym Pl �ESIpiMtlwF m x n j Q Nano 0 WPRNEIIAVE W 0 swam�� K tt E;AAnlaf e[ H v VW I � u Hr rtT r y GiOV Pxa � w 3 w c a N gs #, y3 v 11-kA W, W klerttl k fitly 'N 6e9anlmm AVe mL a v C} L m W m W DYar Re ED"Fla y @g �P0 Np vmox+MV *d m. 4 Hsu° N, Bpd' yajAKr � S � CTVrmrcd sR WA.RV0 1 W ye - WAAary M1Ve �n f A ve .,ro+T.e P N r tl ClMM R II Kp µG aAn m 3 N 3C W Al. p � �2 ®Nii Caaµl'�MIatN$v4° 77 d N Page 51 -9 d W Page 51 -10 Page 51 -11 Page 51 -12 n 0 0 Page 51-14 M® M M r s s w a -�i l l' (A O Page 51 -15 3 , $ �c 1 4 _ f ' NEWHOPE ST v e .. -" 1 . V d Page 51 -17 X O CO) X IS 03 0 Z T� C O > I � 1 5 t. Page 51--18 P n N i Q d W � a•a6•ga SANDPOINTE PARK; $ PASEOS 3700 Birch St. Page 51 -19 e J d d d� d W N O �a Sik Ai t�A Q P d 3 p K: Page 51 -20 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 Ibs. 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. Districts 1 and 3 Park Landscape RFP Page 52 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. Districts 1 and 3 Park Landscape RFP Page 53 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 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. 72" & 60" Rotary Mower — Exmark Lazer Z DS- Series diesel rotary mower with rear discharge. Walk- behind Reel Mower — Jacobsen Eclipse 2122F greens mower for ball diamond turf and pitches. Turf Sweeper — Toro Rake -O -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 — Turfco Mete- R- Matic® XL 60.75 cubic foot Topdresser. Turf Slit Seeder — Land Pride OS 1572 Solid Stand Overseeder. Boom Sprayer — John Deere HD200 SelectSpray three -way folding 15121ft. spray boom fitted on John Deere 24 HP ProGator utility vehicle. Districts 1 and 3 Park Landscape RFP Page 54 ATTACHMENT SPORT/PRIORITY TURF RENOVATION SCHEDULE Districts 1 and 3 Park Landscape RFP Page 55 H .O ca O 44 m O CJ OC O I— O G. t O CL (A d' r-i C7 N T& Ln w a N Ln Ln N rjl Pa =B nuS� uK u�^ cs ATTACHMENT I0 PARK MAINTENANCE INSPECTOR'S MONTHLY INSPECTION SCHEDULE Districts 1 and 3 Park Landscape RFP Page 56 lY9 ;n Mimi V •�y A 0) V •o V �I MCI 0 lfl L11 I • rro •ry A I) r� r� r� V�.1y rl A� W r� w 4 0 tt 0 U N I 1 • EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 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: 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 Districts 1 and 3 Park Landscape RFP Page 57 reference. The amount to be expended for services shall not exceed (dollar amount) ($ J annually during the term of this agreement. 2. 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. b. 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 M. 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. Districts 1 and 3 Park Landscape RFP Page 58 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: 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: 91 a C. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. 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. 6. 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. Districts 1 and 3 Park Landscape RFP Page 59 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. 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: 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 Districts 1 and 3 Park Landscape RFP Page 60 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 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. Districts 1 and 3 Park Landscape RFP Page 61 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 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 herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. Districts 1 and 3 Park Landscape RFP Page 62 ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVAHALO City Attorney BV: Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director Parks, Recreation and Com. Svcs. Agency CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager CONTRACTOR Tax ID# Districts 1 and 3 Park Landscape RFP Page 63 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PARK LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 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. In addition, add quantities of commodities and staffing levels for all routine work listed in the specifications. ROUTINE MAINTENANCE District 1 Acreage District Monthly Routine Monthly Ball Dia Monthly Total Annual Routine Annual Ball Dia Annual Total 1 Cesar Chavez /Campesino 7.00 1 2 Edna 2.50 1 3 El Salvador 9.00 1 4 Fairview Triangle 0.73 1 5 Newhope Library 0.56 1 6 Riverview 8.00 1 7 Rosita 8.00 1 8 17'n Street & SA River Trail 0.69 1 9 Total All Locations 36.48 3 ROUTINE MAINTENANCE District Acreage District Monthly Routine Monthly Ball Dia Monthly Total Annual Routine Annual Ball Dia Annual Total 1 Bomo Koral 11.00 3 2 CDA Downtown Properties 0.59 3 3 Delhi 9.00 3 4 Flower Bike Trail 5.45 3 5 Lillie King 10.00 3 6 McFadden Triangle 0.66 3 7 Madison 6.00 3 8 Memorial 15.50 3 9 PE Bike Trail 11.54 3 10 Sandpointe Park & Paseos 7.64 3 11 Sergerstrom Triangle 2.00 3 Total All Locations 79.38 Districts 1 and 3 Park Landscape RFP Page 64 SPECIALIZED SERVICES Hourly Wage 1 Landscape Maintenance Worker 2 Landscape Lead Worker 3 Certified Tree Worker 4 Lead Certified Tree Worker 5 Irrigation Assistant (Certified Installer & Repair Tech) 6 lCertified Irrigation Technician (as specified) "Pesticide Assistant Operator 8 JCAC Pesticide Operator LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENI SIGNATURE OF AUTHORIZED AGENT DATE TITLE E -MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) LEGAL NAME OF COMPANY 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. Districts 1 and 3 Park Landscape RFP Page 65 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 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 Address: Contact Individual: Phone Number: Facsimile Number: Contract Amount: Year: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name Address: Contract Amount: Description of supplies, Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual Phone Number: Facsimile Number: Year: equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Districts 1 and 3 Park Landscape RFP Page 66 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 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. Districts 1 and 3 Park Landscape RFP Page 67 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 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. 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 Districts 1 and 3 Park Landscape RFP Page 68 contractor may request that the United States enter into such litigation to protect the interests of the United States. 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 Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Districts 1 and 3 Park Landscape RFP Page 69 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 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? 3. Is your firm currently the debtor in a bankruptcy case? CAN 61 7 ❑ 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 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 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 Has your firm ever defaulted on a contract? If "yes," explain on a separate page. ❑ Yes ❑ No 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 Districts 1 and 3 Park Landscape RFP Page 70 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 any time 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 ❑ 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 ❑ 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 not yet ruled, or there is a court appeal pending, you need not include information about the citation.) Districts 1 and 3 Park Landscape RFP Page 71 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 ❑ 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. Districts 1 and 3 Park Landscape RFP Page 72 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICES - DISTRICTS 1 AND 3 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. Signed State of California, County Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Districts 1 and 3 Park Landscape RFP Page 73 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICTS 1 AND 3 SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be 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 Policy # Issued to Named Insured Countersigned by Authorized Representative SAMPLE ONLY Districts 1 and 3 Park Landscape RFP Page 74 this endorsement form as a part of Client#: 753274 LAN DW EST5 ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE Y) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 1!122/2014 12014 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 BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTA NAME: CT Diana Frausto Richard Sinopoli PHONE 805. 879.9524 805.617 -1762 A/C No En: AIC Na: HUB Int'I Insurance Serv. Inc. ADDRESS: diana .frausto @hubinternational.com 40 East Alamar Avenue 041011201 EACH $11,000,000 INSURERS AFFORDING COVERAGE NAICM Santa Barbara, CA 93105 INSURER A: Argonaut Great Central Ins Co 19860 INSURED INSURER B: Republic Underwriters Insurance 24538 Landscape West Management Services, Inc MED EXP An y one person) $5,000 Dba: Palo Verde Landscape Management Co. INSURER C, X PDDed:500 3629 County Rd. INSURER O: Chino, CA 91710 INSURER E: $2,000,000 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDLSUOR WVD POLICY NUMBER MMIOIOY� MMIUIOY/YYYY LIMES • GENERAL LIABILITY LAN202015100 4/01/2013 041011201 EACH $11,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE lxl OCCUR q �OEECTCTURpRENCE PREMISES ERENT. once $100,900 MED EXP An y one person) $5,000 PERSONAL &ADVINJURY $1,000000 X PDDed:500 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER'. PRODUCTS - COMPIOP AGO $2,000,000 POLICY JE LOG $ • AUTOMOBILE LIABILITY LAA2020151 DD 4/01/2613 04/011201 COMBINED SINGLE LIMIT Ea acoident 1,000,000 BODILY INJURY(Perperson) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOOS BODILY INJURY(Peraccident) $ X NON EO HIRED AUTOS AUTOS DAMAGE Per aciden 0 $ A UMBRELLA LIAO J( OCCUR LAX202015100 410112013 04/011201 EACH OCCURRENCE $1 000000 AGGREGATE. $1100- 010- 0-0- X EXCESS LIAB CLAIMS -MADE OED RETENTION $ $ B WORKERS COMPENSATION ANU EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNEREXEOUTIVE OFFICERIIJEMBER EXCLUDED? NIA ATWO0224200 3128/2013 03/281201 X I WGSTATU- OTH- ER E.L. EACHACCIDENT $1 OOO,OOO E.L. DISEASE Be EMPLOYEE $1,000.000 (Mandatory In NH) consults under DECRIPTION OF OPERATIONS below E.L. DISEASE POLICYLIMIT 1$1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Add Blonal Remarks Schedule, It more space is required) The City of Santa Ana, its officers, employees, agents, and representative are named as Additional 0.10 . ` 0 Insureds under the general liability policy perform CG 20 10 07 04 attached. .,.�- *Primary wording is included under the general liablity policy perform CG 20 10 07 04 attached* Via.} �J _ c:c i City of Santa Ana Attn: Purchasing Department 20 Civic Center Plaza Santa Ana, CA 92701 ACORD 25 (2010/05) 1 of 1 #S2635194/M2349163 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD OY41 POLICY NUMBER: IAN2020151 -00 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anizatien s : Locatiorl Of Covered Operations Any person or organization with whom you agreed, because of a Blanket as required by written contract. written contract, written agreement or permit, is an insured during the policy period 04101/2013 to 0410112014. 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 contractor written agreement specifically requires that This insurance be primary. This insurance applies as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim, loss or liability which is determined to he solely the result of the additional insured's negligence or solely the additional insured's responsibility. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. i A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury ", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip - 1. Your acts or omissions; or ment furnished in connection with such work, on 2. The acts or omissions of those acting on your the project (other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations for additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or rated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. pli WD Wn )� p ,1� p,sis� ant CG 20 10 07 04 0 ISO Properties, Inc., 2004 �� Page 1 of 1 13 GhentM 783274 I. A NrumcgTR J/ Zvi i'jZ3 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MwoWYYYYI 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, 4/02/2014 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, � IMM OR4ANT: 0thp narti0aats halderis an ADDITIONAL INSURED, els D, subject to tho terms and conditions of the policy, certain policies may require an endorsement. A Statement on this certificate does not confer rights to the CROPlcate holder In lieu of such ondorsarrent ai. PRODUCER Diana Fmusto Richard Sinopo0 u eta n. 806.879 9624 xAX- --- --- NeJ 80S -6t7 1782 HUB Int9 insurance inc. _._Ltac RPR9 - - AngRESa: diana.irauata@hubintornationat .Dom 40 East Alamar Avenue Avenue ___ - ^wauRER SiI AFFORnIxo OaveRAaE ,^ NAtca Santa Barbara, CA 93106 casURERA : Argonaut Great CmdrallnaCc 19660 INSURED I-INSURERS; Security National Insurance Com 19879 Landscape West Management Services, Inc (weUReRa: 7 , AFSEUgaIX,y)rt MOO E %P M wa armn _ Oba: Palo Verde Landscape Management Co. L...._----- - - X PD Ded:600 - - - -- -- mSUaEn n' 3620 County Rd. IxsuneME Rlsunen F: Chino, GA 917t0 THIS 18 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMEDA80VE 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, IINyyR LTR TYPE nP NI$URANCET_ Kull-, P'g -- sues —.• .— PO4GYNUMBaR PGI,� F (w,Vp P��J P (MieD LIMITS A OENERALUARILRY LAN290105600 D410112014 __. 104/Ot/201 _ 9AC14OCCURRIiNCE $y00o,000 - X COMMERCIAIGENERALLWRIUTY CLAIMS MADE 51 OCCUR i 7 , AFSEUgaIX,y)rt MOO E %P M wa armn _ $100 Ss,noa._.�,_ X PD Ded:600 PERSONAL SAW INJURY s1,tl0001�6 _ GENERALAGGREGATE $2 tl00,,(Loo (iFN'I.AGGREGATF IIMI'rAPPIJF.G PkR: P0,9C 1,110- % S LOG PRODUCTS- COMPIOPAGG $2 Qotl,tl04 S - A -ter AUTOMOBILE LIABILITY LAA290108600 LL4 — s.._ 41VII2014 }H4 /01 /2015Z.GpM„ I 1000,000 X ANYAUTO ALL OWNED .1 SCHEOUI.ED _ AUTDB At1rOfl NM%WNED �X HIRED AUTOS kx,,, AUTOS I I I SOORYIWURYtPa PeMM) $ a0O0.Y1NJURY IP,u'PO„dMIQ $ PROPERTY tlAMAGE parawannt _ �" $ —. S A j( ON( RELlALe1B X. gCCUR LAX2961066tl9 4/0112014'04/01 /201 EACHOLCURRENCH 39O01RAOtl EXCE98 tN3 CI.NMS- i�AOE' � AGGIiFDAiC _ $1 QOg.90d�__ DEO RG, T,frFNTICTIB w�_ WORKERS COMPENSATION AND EMPLOYER& LIABILITY YIN AAµµyy PRROOPRIEETrOR/PARTNERIFXFCUt1YEj�j WMF.nANOR E %CLUOaGt }( C5TATU.- 0TH »�E C,L EAGH ACCIDENT -_� $1 tlO0.,000 B N /A( ( _ _ ,,._ $ WC1943314 '.- ._.W— W�.4%91/261464/g1j261 I _ IMPntlaaryMNNI i»� (M.d d Yaa. Ceerrr,a unHr � I B EMPLOYER ELOISEASE POLICYDMn S7,000 QCI9 31 OBDyggg OBBCRIPTICN OF OPERATORS ( LOCATIONS/ VEHICLES (ARAO ACORD 101. Addiaor.1 ftl.d,a Sdbadula, It OMreiputM lS e,1mdt The City of Banta Ana, its officers, employees, agents, and representative are named as Additional Insureds under the general liability policy perform AG CG 2010 BPN 0704 attaohed. *Additional Insured Coverage applies when required by written contract par the attached form AG CG 2010 BPN 0704* 'Primary wording Is Included under the general liablity policy per form AG CG 20 10 BPN 0704 attached* City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOP, NOTICE WILL BE DELIVERED IN Attn: Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS, 20 Civic Contar Plaza Santa Ana, CA 02709 1 AUmOR2EO REPRESENTATIVE 01988-2910 ACORD CORPORATIONI L I ter ®carved. ACORU 25 (28191851 9 of 1 The ACORD name and logo are roolotored minks of ACORD 0 rn� , - k . 952779890IM2776326 BLANKET, PRIMARY, OR NON-CONTRIBUTORY — A5 REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Effsotive Date 4/1/2014 Policy Expiration Date 4MI2015 Named Insured LANDSCAPE WEST MANAGEMENT SERVICES [NO If e required policy in ormal1on is not shown above, itwill be shown in the ec arations. ``" 1� Name Of Additional insured Persons) Or Or aniaation s : Locations Of Covered Operations Name of Person or Oraanizat�: Location: Any person or organization with whom you agreed, because of a written "Insured contract, written agreement Blanket as required by written "insured contract". or permit, is an insured during the policy period. This Insurance Is excess over any other insurance available to the additional fnsured(s) as an insured whether primary, excess, contingent or on any Wier basis, unless a written 'insured contract" or written agreement specifically requires that this Insurance be either primary or non - contributing. This insurance applies as respects any claim, loss or liability allegedly arising out of the operations or the named insured, provided however that this insurance will not apply to any claim, loss or IlaNilly which Is determined to be solely the result of the additional insureds negligence or solely the additional Insured's responsibility, A. Section It — Who Is An Insured is amended to include as an additional Insured the persons) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused, in whole or in part, by: 1. Your acts or omissions; or Z The acts or omissions of those acting on your behalf; AG CG 2610 BPN 0704 in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. "Aln, Argo Group ((( Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission I S. With respect to the insurance afforded to then additional insureds, the following addifion�, exclusions appiy'. This insurance does not apply to "bodily Injury" of "property damage" occurring after: 1. All work, including materials, parts pf equipment furnished in connection with suc� work, on the project (other than servicq, maintenance or repairs) to be performed by or an behalf of the additional Insureds) at the location of the covered operations has been completed; or Z That portion of 'your work" out of which the injury or damage, arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project (. S�UF tptnaU ✓ Ll"� ,�. f ;itN P AG CG 2010 DPN 0704 Argo Group Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission,