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HomeMy WebLinkAboutMIDORI GARDENS 3AGREEMENT TERMINATION outPlease complete this form when the attached agreement is no longer in effeet:; 5 Return form to the Sr. Deputy Clerk of the Council (M-30). P4111,647t5� Sj€yobXAve any questions. `t= The agreement with % xd&k No. Tf ")00 /1,5 was completed on (e 1 J) ` 7 and final payment has been made. Department: ` y Signature: lc."<✓!� Date: CV I City of Santa Ana Revised 8-7-03 Clerk of the Council INSURANf E ON FILE WORK MAY PROCEED UNAUGS0R1N2006PIRES CLERK OF COUNCIL LANDSCAPE AND MAINTENANCE AGREEMENT DATE: SEP 12 2005 0: /22Cs A-2005-115 THIS AGREEMENT, made and entered into this day of JAIAA 2005 by MIDORI GARDENS (hereinafter "Contractor"), and the City, of Santa Ana, a ch(aAer city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of landscape maintenance comparable with "high level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional "high level' contractor 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: I. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A and Exhibit B (Midori Gardens BID Proposal 05-046)to this Agreement. hi the event of a conflict between the terms of this Agreement and any Exhibits or attachments incorporated herein, the terms of this Agreement shall govern followed by Exhibit A followed Exhibit B. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A and Exhibit B. The total sum to be expended under this Agreement, shall not exceed $ 437,976 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, 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. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2007, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and 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 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 $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit D upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. 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 $1,000,000 per claim. e. 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. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. 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 described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. 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. 9. 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: Naga Hamamoto MIDORI GARDENS 3231 S. Main Street Santa Ana, CA 92707 (714) 751-8792 Office (714) 751-4167 FAX A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terns and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. 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. 12. 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. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. c. Material Breach: If the Director determines the Contractors failed in the performance of the 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, and/or forfeiture for any delay from non- performance 2) directing the work be accomplished by either City employees or a new contractor, as determined by the Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. d. PUTATIVE DAMAGES: Because of the unknown nature of damage, failure of the Contractor to have the Irrigation Specialist either performing or supervising irrigation system repairs or modifications shall result in $150.00 per occurrence being deducted as damages from the next monthly invoice. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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. 15. 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. A/T7T: Ljj/ -K\/l PATRICIA E. HEP_LY 1 Clerk of the Council SIGNATURES CONTINUED CITY OF NTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney 11 I Michael Vighotta Deputy City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mod I Executive Dir ctor of the Parks Recreati n and Community Services AQenc CONTRACTOR y� -3( VAF�2 Employer ID # or Individual SS # Page 1 of 24 EXHIBIT A GROUNDS/LANDSCAPE MAINTENANCE CONTRACT SPECIAL PROVISIONS GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. City The Executive Director of Parks Recreation and Community Services or his Designee (Director) may accept/reject materials, workmanship, and make minor changes to the scope of work or schedule as set forth, which do not involve extra cost to the Contractor. The Director shall decide all questions, which may arise as to the manner of performance, completion, and or interpretation this Exhibit. 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 Prior to performing, Contractor shall submit to the Director for approval: 1) a detailed annual, monthly and weekly work schedule; 2) time sheets of employees assigned to the contract areas; 3) names and titles of all persons working on the project; and, 4) equipment, materials and/or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as available. The Director shall be immediately notified of any changes to the above information. c) Uniforms and Vehicle Identification The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, and ANSI approved safety shoes. All uniforms will be marked with some form of company logo or other form of identification. . All vehicles and equipment on the project site shall be in operable and working condition, clean appearance without visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name clearly identified on the right and left side doors. Page 2 of 24 B. SAFETY REQUIREMENTS All work shall be performed with maximum safety as a priority. In the event unsafe work is observed by City staff or otherwise reported, the Director may require Contractor to stop work. C. SAFETY NOTIFICATION If Contractor identifies unsafe conditions 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 safety concern if possible). 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. ACCESS TO PRIVATE PROPERTY Prior to any work involving private property, the Contractor shall notify the City and the property owner if property owner is easily ascertainable, of the proposed work and obtain all necessary permits and/or consent required from City and/or property owner. F. 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 replace any property at its expense that is removed or damaged, other than property pre -approved for removal, at Contractors expense. 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. G. TRAFFIC CONTROL In the event Contractor must restrict traffic flow, the Contractor will contact the appropriate City Agencies and obtain all necessary permits and/or consent. H. MONTHLY COST REPORT Contractor shall submit a cost report prior to the first day of each month. The report shall detail: 1) employees daily work schedule and location; 2) pesticide use report for Agricultural Commissioners Office; and, 3) recycling report. Page 3 of 24 I. WATER COST REPORT Contractor shall submit a estimated applied water cost report (EAW) prior to the first day of each month. City will pay for water used by Contractor pursuant to this agreement up to the amount specified in the EAW. In the event the amount of water applied excess the EAW then the Contractor shall pay the excess water cost. II. GROUNDS/LANDSCAPE MAINTENANCE SPECIFICATIONS 0 "Director" shall mean the Executive Director of Parks, Recreation & Community Services or designated representative. 2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 3. "Weed" shalt mean any undesirable or misplaced plant. B. SCOPE OF WORK The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform pursuant to the terms defined herein. The Contractor shall provide all grounds/landscape maintenance at work sites listed in Attachment 1, including, but not limited to pruning/trimming, shaping and training of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling plant diseases and pests; mowing turf, edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; ball diamond maintenance; tot -lot maintenance; and, other maintenance required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in a condition of horticulturally accepted standards for growth, color, and appearance as determined by the Director. Scheduling of Work a) The Contractor shall provide a schedule of "routine work" to be followed in the performance of this contract. Any changes in scheduling shall subject to the approval of the Director. b) The Contractor provide a schedule of renovations, pruning/trimming and other infrequent operations. Any changes in scheduling shall be reported in writing and subject to the approval of the Director. c) 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. Page 4 of 24 2. Work Force a) Contractor's supervisory personnel (Supervisors) shall have a minimum of five years experience 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 Irrigation Specialists who possess, at minimum, a Certificate in "Ornamental Horticulture Certificate of Proficiency Specialization in Landscape Irrigation" to perform all irrigation checks and to provide direct supervision of repairs and/or, modifications to the irrigation system as further specified in Attachment 5. c) The Contractor shall insure that all staff has a minimum of two years of landscape maintenance experience. d) Director may require Contractor to remove any employee from park property. 3. Material Safety Data Sheets a) Contractor shall inform the Director as to all materials and/or chemicals that will be used in performance of this agreement including Material Safety Data Sheets with chemical analysis if applicable, manufacturer recommendations and data that may be pertinent. b) The materials and chemicals described herein shall comply with the following standards: (1) All fertilizers shall be complete, with 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, 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. Recycling All organic waste (including leaves, grass clippings, brush, branches, and tree parts) shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code Chapter 16. Organic waste shall not be taken to a landfill. Every month, the Contractor shall submit a written report including receipts from licensed compositors/green waste recycling facilities, to the Director listing the quantities of organic waste recycled and the names and addresses of the composting or processing companies. Page 5 of 24 C. ROUTINE MAINTENANCE Routine maintenance shall be performed at the work sites listed in Attachment A and include but not be limited to the following services: Turf Care a) Mowing (1) All casual turf (non-sport/priority turf) shall be mowed: 1) weekly April 1st through October 31st; and, 2) every other week November 1st through March 31st. (2) All sport/priority turf as described in Attachment 6 shall be mowed once a week. The Director may require Contractor to mow the sport/priority turf areas lower than casual turf areas to improve aesthetics and/or the playability of the field. (3) The Contractor shall maintain mowers so that they to provide a smooth even cut without the ridges or depressions and without tearing of the leaf blades (caused by unsharpened mower blades). (4) All turf shall be cut to a height as determined by the Director. (5) The Contractor shall mow grasses and broadleaf plants once per month in the Santiago Park Day Camp (Nature Reserve) meadow area. b) Edging and Detailing All edging shall be performed with the use of a McClain's edger or approved substitute. Contractor shall edge all turf adjacent to all improved hard surfaces and, where no improved surface exists, turf edges shall be maintained with string trimmers. Edging/detailing shall be performed at the same time mowing occurs. Chemical detailing of turf may occur with the Director's approval. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. All clippings generated shall be removed directly and disposed of pursuant to this agreement. c) Fertilization/Soil Amending Contractor's, shall employ a soil -testing laboratory to test sport and priority fields' soil once a year in January at Contractor's sole expense. One soil sample shall be taken at each ball diamond and soccer/football field. The test will be comprehensive and the lab shall provide a written report on the condition of the soil as well as recommendations of how to improve the soil, soil fertility, and overall health of the turf. d) Irrigation (1) Turf areas shall be watered as weather conditions permit to provide adequate moisture for optimum growth and color. If Contractor estimates additional water above and beyond the monthly Estimated Applied Water (EAW) may be needed, he/she shall request approval from the Park Services Utility Coordinator prior to Page 6 of 24 exceeding the monthly irrigation budget as detailed in the detailed in the monthly Estimated Applied Water (EAW) report. (2) When an irrigation system does not adequately provide water to the turf area because of problems such as controller failure or valve failure, etc., the Contractor shall provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate turf areas. (3) Should the Contractor not respond to signs of turf stress immediately, the Director may dispatch his own staff to remedy the stress and deduct the cost from the monthly invoice submitted by Contractor. (4) Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed not to exceed the EAW. In the event that Contractors water consumption exceeds the EAW City may deduct said overages from the Contractor's monthly invoice. e) Weed Control (1) Contractor shall apply approved pre -emergent herbicides to all sport/priority turf areas in order to control the germination of noxious weeds i.e. Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc. (2) Should turf type or broadleaf weeds germinate, the Contractor shall control the weeds immediately upon recognition by way of selective and/or broad-spectrum post emergent herbicides approved by the Director. Replanting The Contractor shall resod and replant turf destroyed as a result of maintenance employed by Contractor that does not meet the standards set forth herein. 2. Ground Cover Care a) Edging and Detailing (1) Ground cover beds shall be maintained within their intended bounds and edged and/or detailed a minimum of every month to keep the beds looking manicured at all times. (2) Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall be cleaned following each edging/detailing, including streets. b) Cultivation All visible bare soil areas shall be cultivated with "3 Prong Cultivators' every two weeks. Page 7 of 24 3. Shrub Care a) Pruning/trimming All shrubs growing in the work areas shall be pruned so 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 in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. 'Box hedging" may be required on some shrubs, as set designated by the Director. Shear hedging or severe pruning/trimming of plants, unless authorized by the Director, is not permitted. Should the Contractor shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible to replace those plants with like kind and size as and subject to approval by the Director. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. b) Irrigation All shrubs shall be properly irrigated to maintain a healthy condition. c) Replanting The contractor shall remove and replacement shrubs lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. 4. Tree Care a) Height/Quality of Pruning The Contractor shall routinely maintain all trees up to a height of fifteen (15) feet. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure each individual tree is Class I pruned as set forth in the City of Santa Ana Tree Pruning/trimming and Stump Removal Specifications attached hereto as Attachment 3. In addition, the Director may require 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. b) Staking, Typing 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 Page 8 of 24 stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. c) Irrigation All trees shall be properly irrigated to maintain a healthy condition. d) Failure to Perform The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning/trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. All trees that exhibit the signs of disease or any other signs of distress shall be inspected by a Certified Arborist. Should the Certified Arborist determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the Certified Arborist determine that the tree's unhealthy condition or death was caused by Contractor then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. 5. Annual Color All areas having existing annual color shall be maintained and rotated four (4) times per year as detailed in Attachment 4. 6. Weeds, Disease and Pest Control a) Weed Control All landscape and hardscape areas shall be kept free of weeds at all times. Weeds shall be removed by hand and/or approved mechanical or chemical methods. Director may dispatch City staff remove the weeds that reach two (2) inches or greater and are not be removed within one (1) week of the Director request for removal. The City will deduct its cost including a $150.00 cost for call out from the Contractor's monthly payment. b) Disease and Pest Control (1) The Contractor shall inspect on a weekly basis all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of disease, insect or rodent infestation. If any disease, insect or rodent infestation is seen and upon approval of the Director, Contractor shall take appropriate control measures to resolve the problem. (2) If any plant material (turf, groundcover, shrubs, trees) dies without the Contractor's Horticulturist diagnosing the plant and implementing efforts to save the plant, the City will assume said plant death was caused by the Contractor. Contractor will be required to replace the plant with like species and size at no extra cost to the City. Page 9 of 24 Irrigation System Maintenance a) General Responsibilities (1) Contractor shall use automatic or mechanical irrigation systems. In the event the existing irrigation system fails to provide full and proper coverage, Contractor shall provide alternate irrigation with full and proper coverage to all areas detailed herein at no extra cost to the City. (2) Newly planted trees, shrubs, ground cover and turf shall receive adequate water to promote normal healthy growth. Proper berms or basins shall be maintained during the establishment period. b) Operation of Automatic 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 & Community Services Agency for access and operation of the controller. (2) Surrender all keys furnished by the Parks, Recreation & Community Services Agency at the end of the contract period or at any time deemed necessary by the Director to prevent serious loss to the City of Santa Ana. (3) Protect the security of City property by keeping controller cabinet and building doors locked at all times. (4) Refrain from using locked premises for storage of materials, supplies or tools, except as approved by the Executive Director. (5) Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. c) Water Conservation (1) The contractor shall turn off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of the EAW. (2) When the Director determines that plant material (turf, groundcover, shrubs, and trees) must be irrigated, all controllers shall be activated within twenty-four (24) hours. In the event the controllers are not activated within 24 hours the City may turn on controllers and charge Contractor all cost related to turn on the controllers. d) Inspection and Reporting (1) The Contractor shall physically inspect the operation of all irrigation systems once a month. The Contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capability. Contractor shall ensure that excessive over spray/runoff into street right-of-ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at its own expense all irrigation heads and lateral lines that malfunction or are rendered inoperable due to attrition vandalism, etc. Page 10 of 24 (2) Contractor shall perform a visual inspection of all irrigated areas at least once per week. Any area not receiving proper irrigation shall be watered using a portable irrigation device. Contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to complete additional irrigation. Care shall be exercised to prevent erosion, waste of water, and/or detrimental seepage into existing underground improvements or structures. (3) Contractor shall submit an irrigation report to the Director every month. The report shall be of the format required by the Director and shall include, but not be limited to, controller location, type of controller, number of stations, run times for each station, turf or shrub irrigation and repairs made for each station and what maintenance is necessary to bring an irrigation system up to full capability. e) Repairs The Contractor shall be responsible for repairs to all irrigation heads, swing joints and lateral lines as a part of this agreement. City will be responsible for repairs to the irrigation system from the valve to the water meter. 8. Hardscape Maintenance a) All paved areas, including but not limited to paved parking lots, pool decks, stamped or other enriched hard surface areas, shall be cleaned at least once a week between Monday and Friday. Vacuums, blowers, sweepers or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. The City must approve any equipment that is to be used for cleaning hardscape. b) Picnic facilities and park benches, including but not limited to picnic tables, barbecues, benches, concrete pads and shelters shall be maintained in a safe and clean condition. (1) All picnic amenities (picnic tables, b.b.q.s, picnic shelters, concrete picnic pads, etc.) and park benches shall be cleaned every day Monday through Friday to assure that all trash, debris, glass, staples, nails, tape, wire, etc. is removed. (2) All concrete areas beneath picnic amenities, park bench areas, patio areas, adjacent building entrances shall be hosed down once a month using a garden hose and high pressure nozzle. (3) All concrete areas within 10' of the Memorial Park Picnic Shelter and gas grills shall be hosed down once a week using a garden hose and high-pressure nozzle. (4) All barbecues shall have ashes, charcoal or any other materials removed once a week. c) 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 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. Page 11 of 24 d) Drinking fountains shall be clean, sanitized and unplugged every day Monday through Friday. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. 9. Playground/Tot-Lot Areas a) The Contractor shall provide maintenance of all playground/tot-lot sand and rubberized areas once during the week. Maintenance shall include, but not limited to, loosening of compacted areas, re -grading sand areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand to assure that debris and any other foreign objects are removed, removal of weeds and trash and other undesirable material. Rubberized fall areas shall be cleaned of sand and debris. Any sand that accumulates on the rubberized surface shall be reused. b) The City shall be responsible for all playground equipment and tot -lot area safety inspections. 10. Ball Diamond Maintenance The Contractor shall provide ball diamond facilities maintenance as set forth in Attachment 2. It is the intent of this agreement that these facilities be maintained so that player safety and the quality of play are enhanced. a) Baseball Field Maintenance Ball diamond facility maintenance shall include but is not limited to trash and debris (especially sunflower seeds) removal from fields, grandstands, dugouts, around concession stands, etc.; graffiti eradication/over painting of bleachers, backboards, fencing, signs, etc.; hosing down of stains and spills in paved areas, etc. b) Daily infield maintenance shall include the following: (1) Hand level by use of a landscapers leveling rake infield areas where the brickdust has been displaced by players and/or in normal build up areas. Areas to be leveled daily are home plate, pitchers mound, all three base areas, shortstop and second base areas, skin lines (area where the brickdust meets the sport turf) and areas on the perimeter where the brickdust meets the backstop or fencing bottom railing. (2) Hand compact with an asphalt tamper (or other approved tool) areas such as the batter's box area and the pitchers mound. Contractor shall utilize a hand watering can and extra clay to sufficiently compact these areas. (3) Eliminate build up along the skin lines by brooming, blowing or high pressure hosing any build up of brickdust into the infield. (4) Infield maintenance shall include watering followed by nail dragging, followed by metal mat dragging. The Contractor shall develop a pattern (this refers to the actual pattern of dragging an infield by using a drag mat) of dragging the infields that levels the field and prevents high or low areas in the infield. Contractor will take care not to drag close to the skin line and the backstop/fence lines. Page 12 of 24 (5) Hand drag or broom the skin lines and perimeter backstop/fence areas. (6) Finish by watering down infield. c) Daily outfield maintenance shall include: (1) Irrigation checks and repairs to assure that irrigation heads are at the proper grade and no "slippery" areas exist. (2) Fill in of divots and depressions with #20 white silica sand mixed with Lesco Eagle Blend perennial rye grass seed to re-establish the areas. d) Weekly Maintenance The Contractor shall provide ball diamond maintenance as set for the in Attachment 2 once per week by checking to make sure the arc line is correct pursuant to the standard set forth by Director. Contractor will then edge the skin line to achieve a smooth crisp arc where the brickdust meets the sport turf. Fence lines and warning track shall also be edged, using a McClain's edger or approved equal, to create crisp straight lines. e) Non -recurring maintenance: During inclement weather the Contractor shall work to reopen baseball fields as soon as practicable. The Contractor shall use Diamond Dry or an approved equal to dry infields. In addition, the Contractor may elect to use hand pumps or any other reasonable method necessary to reopen the fields. 11. Soccer /Football Field Maintenance a) All soccer/football fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall backfill any divots and depressions with #20 white silica sand and Lesco "Eagle Blend" perennial rye grass. All debris shall be removed from the fields daily upon discovery. b) The Dan Young Soccer Complex Field #4 Synthetic Turf sport turf maintenance and inspection. The field shall be maintained once a month. Maintenance will include "grooming" the Feld using "grooming" equipment provided by the City. The field shall be inspected every day Monday through Friday. Contractor shall remove debris from the field upon discovery. 12. Sport Court Maintenance a) All sport courts shall receive maintenance once per week. This maintenance shall include the collection of debris, the blowing off of courts and the replacement of nets (tennis and basketball) when deemed worn. The City shall furnish nets. 13. General Maintenance and Clean-up For All Parks a) All trash and debris on the ground or in trash receptacles shall be removed from all worksites each day Monday through Friday. Page 13 of 24 b) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance, or prevent plants from being smothered by seasonal leaf drop. c) After heavy windstorms, the all parks area shall be cleaned of litter, fallen branches, etc., which are in excess of normal amounts. d) The Contractor shall keep sidewalks and paved areas in the medians swept and cleaned of any debris, weeds, dirt or soil at all times. e) Drain inlets shall be cleaned on a regular basis at least once per day to avoid flooding of areas during inclement weather. 14. Other Requirements a) Replacement of Plant Material The Contractor shall replace, at Contractor's own expense, any turf, ground cover, shrubs, or other plant material requiring replacement through normal attrition or due to infestation or contractor's failure to provide maintenance in accordance with the provisions of this agreement. These requirements are not to be construed as requiring the Contractor to replace plant materials due to conditions beyond the Contractor's control but are to be considered strictly as a normal maintenance condition within accepted industry practice. It Is The Intention Of The City To Require High -Level Landscape Maintenance. b) New Construction In the event of new construction within a portion of a work site, the Director may delete a portion of or the entire work site from contractual maintenance during the construction period. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and agreed upon by the City and the Contractor in writing. III. EXTRA WORK A. If damage or malfunction occurs 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: The addition of may be considered outside the scope of this Agreement (1) Acts of God (2) Civic Disorder (3) Vehicle Collision (4) Vandals (5) Excavation or re -surfacing of the street (6) Power failures (7) Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must demonstrate to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. Page 14 of 24 ATTACHMENT ROUTINE MAINTENANCE LOCATIONS —18 PARKS Site Location Cost/Mo. Cost[Yr. Deviations 1 Centennial Park 3000 W. Edinger Ave. 2 Windsor Park 2915 W. La Verne Ave. 3 Adams Park 2302 S. Raitt Street 4 Thornton Park 1801 W. Segerstrom Ave. 5 Memorial Park 2102 S. Flower St. 6 El Salvador Park 1825 W. Civic Center Drive 7 Jerome Park 726 S. Center Street 8 Friendship Park 2210 S. Myrtle Street 9 Angels Community Park 914 W. Third Street 10 Birch Park 210 N. Birch Street 11 Morrison Park 2801 N. Westwood Ave. 12 Fisher Street 2501 N. Flower Ave. 13 Santiago Park 2535 N. Main Street 14 Santiago Nature Reserve700 E. Memory Lane 15 Portola Park 1700 E. Santa Clara Ave. 16 Mabury Park 1801 E. Fruit Street 17 Cabrillo Park 1620 E. Fruit Street Page 15 of 24 Site Location Cost/Mo. Cost/Yr. Deviations 18 Cabrillo Tennis Center 800 N. Cabrillo Park Drive Total all 18 parks $ $ OPTIONAL ADD -ON PARK LOCATIONS — 6 PARKS Site Location Cost/Mo. Cost/Yr. Deviations 1 Santa Anita Park 300 S. Figueroa Street 2 Cesar Chavez/ Campesino Park 3311 W. 5t^ Street 3 Heritage Park 4812 W. Camille Street 4 Delhi Park 2314 S. Halladay Street 5 Riverview Park 1817 W. 21s1 Street 6Madison Park 1528 S. Standard Ave Total 6 add -on parks $ $ SPECIALIZED SERVICES A. Labor Hourly Wage 1 Landscape Lead Worker $ 2 Landscape Maintenance Worker $ 3 Lead Tree Trimmer $ 4 Tree Trimmer $ 5 Irrigation Specialist (as specified) $ 6 Irrigation Assistant $ 7 QAC Pesticide Operator $ 8 Pesticide Assistant Operator $ Total (1.8)$ B. Material/Equipment Purchases 1 Contractor's wholesale cost plus % Page 16 of 24 C. Dump Fees Per Ton 1 Green waste $ 2 Normal Trash $ 3 Heavy debris (requiring low boy) $ Total (1.3)$ D. Specialized Maintenance (includes labor, equipment, materials) Per Acre I Turf fertilization using Best Turf Supreme 16-6-8 @ V actual nitrogen per 1,000 sf $ 2 Turf aeration using tractor driven drum aerator $ 3 Turf renovation/over seeding using Lesco Eagle brand perennial grass with 95% germination $ —rye 4 Soil amendment by applying soil buster $ Total (1.4)$ E. Planting Per Unit 1 24" box multi -trunk tree $ 2 24" box standard trunk tree $ 3 15 gallon tree $ 4 15 gallon shrub $ 5 5 gallon tree/shrub $ 6 1 gallon tree/shrub $ 7 Flat of groundcover $ 8 4" flat of annual cover $ Total (1- F. Special Ball Diamond Maintenance Per Unit 1 Ball diamond infield laser grading — little league/softball $ 2 Ball diamond infield laser grading — senior/junior diamond $ 3 Ball diamond infield maintenance — little league/softball $ 4 Rebuild batter's boxes 3" deep by regulation size using Hill Topper stabilizer $ 5 Rebuild pitcher's mound 3" deep by regulation size using Hill Topper stabilizer $ Page 17 of 24 ATTACHMENT BALL DIAMOND MAINTENANCE LOCATIONS SITE LOCATION Centennial Park 3000 W. Edinger Avenue Windsor Park 2915 W. La Verne Avenue Adams Park 2302 S. Raitt Street Thornton Park 1801 W. Segerstrom Avenue Memorial Park 2102 S. Flower Street El Salvador Park 1825 W. Civic Center Drive Jerome Park 726 S. Center Street Morrison Park 2801 N. Westwood Avenue Santiago Park 2535 N. Main Street Portola Park 1700 E. Santa Clara Avenue Cabrillo Park 1620 E. Fruit Street OPTIONAL MAINTENANCE LOCATIONS SITE LOCATION Heritage Park 4812 W. Camille Street Delhi Park 2314 S. Halladay Street Riverview Park 1817 W. 21 st Street Madison Park 1528 S. Standard Avenue FREQUENCY TIME OF YEAR 3 Days per wk Year round 1 Day per wk Year round 5 Days per wk Feb 1st to July 15th 1 Day per wk July 16th to Jan 31st 5 Days per wk Year round 5 Days per wk Feb 1st to July 15th 1 Day per wk July 16th to Jan 31st 5 Days per wk Feb 1st to July 15th 1 Day per wk July 16th to Jan 31 It 5 Days per wk Feb 1st to July 15th 1 Day per wk July 16th to Jan 31st 5 Days per wk Feb 1st to July 15th 1 Day per wk July 16th to Jan 31 st 5 Days per wk Year round 1 Day per wk Year round 5 Days per wk Feb 1st to July 15th 1 Day per wk July 16th to Jan 31 It 1 Day per wk Year round 5 Days per wk Feb 1st to July 15th 1 Day per wk July 16th to Jan 31 st 5 Days per wk Feb 1 st to July 15th 1 Day per wk July 16th to Jan 31st 5 Days per wk Feb 1st to July 15th 1 Day per wk July 16th to Jan 31 st Page 18 of 24 ATTACHMENT 3 TREE PRUNING/TRIMMING & STUMP REMOVAL SPECIFICATION TREE TRIMMING CLASSIFICATIONS Class I — Fine Pruning/trimming Fine pruning/trimming shall consist of the removal of dead, dying, diseased, interfering, objectionable, obstructing and weak branches as well as selective thinning to lessen wind resistance. The removal of such described branches is to include those on the main trunk, as well as those inside the leaf area. Class II — Medium Pruning/trimming Medium pruning/trimming shall consist of the removal of dead, dying, diseased, interfering, objectionable weak branches on the main trunks as well as those within the leaf areas. An occasional branch up to one inch in diameter may remain within the main leaf area where it is not practical to remove it. Additions to the standard specifications: All girdling roots visible to the eye are to be reported to a supervisor and/or the owner. Class III — Coarse Pruning/trimming Coarse pruning/trimming shall consist of the removal of dead, diseased or obviously weak branches, two inches in diameter or greater. Class IV — Cutting Back or Drop Crotch Pruning/trimming Cutting back or drop crotch pruning/trimming shall consist of the reduction of tops, sides, under branches or individual limbs. This practice is to be undertaken in cases of utility line interference or where certain portions of the roots or root systems have been severed or severely damaged, or when it is necessary to reduce the top, sides, or under branches to achieve overall size reduction. GENERAL TREE PRUNING/TRIMMING REQUIREMENT 1. All cuts shall be made sufficiently close to the trunk or parent limb, without cutting into the branch collar or leaving a protruding stub, so that closure can readily start under normal conditions. Clean cuts shall be made at all times. TYPES OF CUTS: Removal of laterals A. Shoulder cuts. The final cut in removing a lateral branch should be immediately beyond the branch bark ridges, preserving the branch collar. Do not make stub cuts (an inch or more beyond the branch collar). Do not make flush cuts (through the branch collar). Triple cuts. For any branch too large to be held while being cut, remove by means of the following cuts: Under cut the branch 4 to 10 inches beyond the base (to prevent splitting or peeling). Page 19 of 24 Cut off the branch beyond the undercut where necessary, to prevent property damage. Branches shall be lowered to the ground by ropes and/or proper equipment. Remove the remaining stub via a shoulder cut, as described above. Removal of terminal (tip thinning and drop crotching) C. Thinning, "Lace out' terminal portions of branches by cutting terminals back to laterals. (The basal diameter of the remaining lateral should be 1/3 the diameter of the terminal being removed.) Remove numerous small terminals and laterals rather than take out a few large ones. D. Size reduction. To take out portions of the crown for reducing height, remove terminals back to laterals. Each lateral should be suitably situated to serve as the new terminal, thus establishing the crown at a lower level. The basal diameter of a lateral should be at least 1/3 the basal diameter of the terminal being removed. (Laterals smaller than this cannot function effectively as new terminals, and the effect is then similar to a stub cut.) 2. Branches that pose a threat to the health, safety, and welfare of the general public shall be removed. In addition, branches that disrupt the aesthetic or general integrity of the tree shall be removed. Kinds of branches to be removed: A. Obstructing branches. Clear walks, traffic ways, buildings and other man-made structures. Clear other trees, plants as needed. B. Dead, broken, diseased or weak branches. (Also stubs left by previous pruners). C. Crossing branches. This includes potentially crossing branches, also upright shoots (water sprouts) and vigorous, and interior -directed branches. D. Narrow crotch -angle branches. For most kinds of trees, branches with a crotch angle narrower than 30 degrees should be removed. E. Parallel branches. Branches less than a foot apart, which run parallel for several feet, may eventually damage each other. The less desirable one should be removed. F. Wind -breakage risks. Crowns that are too high and/or too dense should be thinned, and sometimes lowered to suitable laterals. Reducing wind resistance by thinning out many small branches is safer and better for the tree than taking out several large branches. G. Branches, which disrupt tree form. Excessively vigorous branches, or those which run against the general branching pattern, should be trimmed for better balance and shape. (This does not mean the tree must be made perfectly symmetrical: asymmetry as such can be both attractive and safe.) On trees known to be diseased, tools are to be disinfected with methyl alcohol at 70% (denatured wood alcohol diluted appropriately with water) or Clorox solution after each cut and between trees where there is known to be a danger of transmitting the disease on tools. Old injuries are to be inspected. Those not closing properly and where the callus growth is not already completely established should be traced where appropriate if desired, for cosmetic purposes, the wound may be treated with a thin coat of wound dressing. All girdling roots visible to the eye are to be reported to a City supervisor. Page 20 of 24 6. The presence of any structural weakness, disease conditions, decayed trunk or branches, split crotches or branches, should be reported in writing to a City supervisor and corrective measures recommended. When pruningltrimming back trees, the contractor shall make all trees shapely and typical of their species. (Under no circumstances shall central leader trees have their central leader removed without written consent from the Superintendent of Parks or his approved representative.) TREE AND STUMP REMOVAL STANDARDS Trees identified for removal are to be cut back and lowered to the ground in sections. Sections shall be no larger than can be safely controlled. Extreme care must be taken to prevent unsafe working or other hazardous conditions to individuals, landscape, structures, or obstacles. 2. Trees shall not be stump cut and felled. 3. Tree stumps not designated for removal shall be cut flush with the ground. 4. Tree stumps to be removed shall be completely ground to a minimum of twelve inches (12") below soil surface. All surface roots within this zone shall also be removed by grinding. 5. All excavation as a result of this process shall be backfilled exactly level with surrounding soil, completed and fine graded. 6. Excess debris, trimmings, branches and wood shall be removed from the work site and shall follow as closely as possible to the removal operation. All areas shall be left clean and free of debris at the close of each day's operation. Work shall not start before 8:00 a.m. or continue past 6:00 p.m. No work is to be scheduled on weekends or national holidays. 8. All debris shall be properly disposed of off site and at the contractor's expense. Page 21 of 24 TERMINOLOGY BRANCH COLLAR Wood tissue ridges that form around the base of a branch between the main stem and the branch usually as a branch begins to die and the branch collar begins to increase in size. CALLUS New growth made by the cambium layer around all of a wound. CAMBIUM LAYER Growing point between the bark and sapwood. CLOSURE Refers to the roll of the callus growth around the wound area. THE CUT The exposed wood area that remains after the branch has been removed. CUT BACK/PHONE BACK Specified reduction of the overall size of the tree or individual branches, but may include the overall reduction of the sides as well as the top of the tree. DORMANT A condition of non -active growth Deciduous trees is considered to be dormant from the time the leaves fall until new foliage begins to appear. GIRDLING ROOTS Located above or below ground level, whose circular growth around the base of the trunk or over the individual roots applies pressure to the bard area, thereby choking or restricting the flow of sap. LIFTING The removal of lower branches for under clearance. PARENT STEM The main trunk system of the tree. PRECUT OR PRECUTTING The removal of the branch at least beyond the finished cut to prevent it from splitting into the parent stem or branch. PRUNING/TRIMMING The removal of dead, dying, diseased live interfering, objectionable and weak branches in a scientific manner. SAP FLOW The definite course assumed by sap in its movement through a tree. SCARS OR INJURIES Natural or man-made lesions of the bark in which wood is exposed. SUCKERS Abnormal growth of small branches usually not following the general pattern of the tree. THINNING OUT The removal of live branches to reduce wind resistance and to create more space. TOPPING Means the same as cut back. TRACING Careful cutting of the bark along the lines of sap flow to encourage closure and to be the outline of the wound area. TRIMMING The same as pruning/trimming. Page 22 of 24 ATTACHMENT 4 ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION Annual Color Planting and Care Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a dept of 8" of the 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: • Spring/Summer—April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias, Marigolds • Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Renunculus Vandalism Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then 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. Page 23 of 24 ATTACHMENT FULLERTON COLLEGE HORTICULTURE DEPARTMENT CERTIFICATE OF PROFICIENCY INLANDSCAPE IRRIGATION The Landscape Irrigation Certificate requires not less than 30 units. This includes 18 units of required courses, at least 6 units of Restricted Electives A and at least 6 units from either Restricted Electives A or Restricted Electives B. REQUIRED COURSES Course # Course Name Units 153 Landscape Irrigation 3 154 Irrigation Design 3 155 Soils 3 157 Irrigation Principles 3 162 Landscaping for dry Climates 3 218 Landscape Hydraulics 3 RESTRICTED ELECTIVES A Course # Course Name Units A100 Architectural Drafting 3 C06 Intro to Residential Electrical & Plumbing Systems 2 CG101/ Or 100 Computer Graphics 3 177 Turf grass Management 3 200 Landscape Design 3 219 CAD Application in Horticulture 3 RESTRICTED ELECTIVES B Course # Course Name Units 165 Landscape Management 4 168 Landscape Construction 3 169L Landscape Construction Lab 1 170 Landscape Contracting 3 201 Advanced Landscape Design 3 ram/ U �Ai a IWANIS "BARRIER FREE" PLAYGROUND Mc FADDEN SCHOOL r � O uj Z 6 N - � — � SOFTBnUr OtAMONi HEMLOCK WAY I- SAN HAI G• NG ILION LAKE PASSIVE AREA PLAY LOT In SEOERSTROM AV E. THORNTON PARK T-1 F I z � I 0 t till r, z. Qv 914 1dv 0 4 P- a o Z loish a u- to Y � R F- tLLI a f L L s � 1S tl3MOli 1S 3 A I 1 0 t Ilk. '`Idl • Trv' lu A Y i y anr{anv Nv91yy00 � N tr � N C6 ® C Q � Z Zr to Q Lo (� N MsP1 Li ZElG �7Y11ttY♦ i CL 0 s.. •1,� �°i1NdW � �� '�.� 11A �14 V.. Ids. •1� it-� l�w,+� .,� 0 n CL c6 U co ow g gcr.o o 00 ui d C r -Lgov1� ltn--d:A tS 0. Ih Z mg r -a v� rn oJAvdibl4o, ,a?oa..1•o d�a ?�a�d OtAlogaciviv 0 09,010 I ' C- I CE> 4 do W midori gardens S. Main St., Santa Ana, CA 927O7 714-751-8792 May 11, 2005 Parks, Recreation & Community Services Agency Budget & Accounting Section M-23 888 W. Santa Ana Blvd, 2ntl Floor Santa Ana, CA 92701 Attm Robert Carroll Re: Bid No. 05-046-PRCSA Thank you for the opportunity to offer you this brief letter of introduction. Midori Gardens has been in the landscape maintenance & installation business for over thirty years. We are a leader in providing quality service for community homeowner associations, apartment complexes, municipal grounds, commercial/industrial properties, and shopping centers. We also landscape and maintain recreational areas, residential tracts, slopes, and streetscapes. The following list of professional experts on staff at Midori Gardens represents our commitment to providing high quality service to our clients: • Irriaation Specialist and Water Auditor - Facilitates comprehensive water management programs customized to fit our client's needs & budgets utilizing computer technology. • Ornamental Horticulturist - Complete horticultural evaluations & soil analysis. Addresses existing situations to prevent future problems. • Certified Arborist and Qualified Arborists - Provides tree care management in accordance with the International Society of Arboriculture guidelines. • Pesticide Applicators - Integrated pest and disease management. • Landscape Architect/Designer - Upgrades and retrofits existing landscape and irrigation systems. We are proud of our reputation in the industry and we invite you to contact any of our references to hear for yourself the quality of our work performance. Our philosophy of providing on -time service, dealing pro -actively with client concerns, and ensuring quality control is Midori Gardens' commitment to total quality service. If I can be of further assistance, or if you require more information, please contact me at (714) 751-8792. Sin�erety, Walt Takeda\ Corporate Secretary- h,B, r B FAX (714) 751-4167 Landscape Services C-27 308373/PCL 35527 IV. PROPOSAL SUM%1ARY AND DEVIATIONS FROM SPECIFICATIONS Contractors must provide costs for each of the service categories described in the specifications (Exhibit A). Contractors must also list all deviations from specifications, if any. The routine maintenance locations will serve as the basis for the RFP. At the discretion of the Director, one or more optional add -on parks and specialized services may or may not be included in the agreement with contractor. ROUTINE MAINTENANCE LOCATIONS —18 PARKS Site Location Cost(Mo. Cost/Yr. Deviations 1 Centennial Park 3000 W. Edinger Ave. q:2y.2(!> (oavq 2 Windsor Park 915 W. La Verne Ave. 21p� ,�j 1 ► 3 Adams Park 2302 S. Raitt Street 1 aaS�CIJ (aao& , 36 Thornton Park 1801 W. Segerstrom Ave. <Pjrq 9Z 09?N.go 5 Memorial Park 2102 S. Flower St. .o'Lt of Uo57611 6 El Salvador Park 1825 W. Civic Center Drive j0(0O, qj (2.731, -76 7 Jerome Park 726 S. Center Street o1,.eq cj 8 Friendship Park 2210 S. Myrtle Street (� 1 �Zl 3Z 9 Angels Community Park 914 W. Third Street 33ZII �2 10 Birch Park 210 N. Birch Street -7 p(o, pq 9Y73,07 IT Morrison Park 2801 N. Westwood Ave. 12 Fisher Street 2501 N. Flower Ave. L41, 3z 317/ qy ROUTINE MAINTENANCE LOCATIONS (Continued) Site Location CosNMo, CowXr. Deviations 13Santiago Park 1135 N_ Main Street 1767% lZ 14 Santiago Nature Reserve 700 E. Memory Lane q62,10 S,gSZO 15 PortolaPwk 1700 E. Santa Clara Ave. 913 Z$ 2/?✓� 36 16 MabwyPmk 1901 E. Fruit Street qq;t q7 lal��l.4I{ 17 Cabrillo Park 1620 E. Fruit Street 1435.61 �7lao, tL 18 Cabrillo Tennis C4Mtar 800 N. Cabrillo Park Drive C �S31i l b Total all 18 par -- ,.b 10 III. CONTRACTOR'S REFERENCES This sheet must be completed in full and returned with contractor's proposal. List and describe fully six contracts performed by your company, which demonstrate your ability to provide services in accordance with the specifications in Exhibit A. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. Reference No. 1 Customer Name: C, c. Anc� Contact Individual: 7 e rr4 -Ve f �Cl {-S F o $cX / 19 SN Address: ,-San+} a aoq, CA 92'!o2, Phone Number: to47- .SO LS' Contract Amount: c O MO Yeaz: n4 98 Description of equipment and services provided: (� Lcincl_CCaFe a,n truer ncP Reference No. 2 Customer Name: C { V n F e-mera la Contact Individual: Rick C_k P.O bok 7033 Address:1e-,.nrcuIa� CA q,2.!58 Phone Number:�q,5 I 94- 6 49G Contract Amount:`�34-r n. ro I,na . Year: n nuo i n G - sta ri-ed —� Description of equipment and services provided: Lo_+l J.Scn_dP mct nr:o0.nCP Reference No. 3 Customer Name: Contact Individual: el a . Spa e t f Iio E. Foc hill gl- Jcl—� Address: C) er d o/q 619 _ ell -74 1 Phone Number: Contract Amount: 71 -2=2 o r Year: n n g e i n a q% 77 L4- 0cc owi S )' Description of equipment and services provided: CONTRACTOR'S REFERENCES (PAGE 2) Reference No. 4 Customer Name: Contact Individual: e i�t__ a ncht3e2o0 \jGrri nc . Address: �_ 9/p683 Phone Number: Contract Amount: 19F081 60Year: Onocrno-'tctrt(Z4 -- 04FaOX Description of equipment and service6'provided: ) n , (afe �n nan c Reference No. 5 Customer Name: Contact Individual: I n V. 0 b bx 6 9�), Address: VIL j nai -11 C L9 g f -7 S S Phone Number: 0 0 9) 598- 6-6 OE Contract Amount: j Ie 540 .` Year: 4,10 2_ Description of equipment and services provided: "ndC tj na.n C2 Reference No. 6 Customer 7ame:6 7K a� La fct � vna Contact Individual: �� a J P �rtt ud i o ra 2� Address: J_ Qa I ngCL9 306,23 Phone Number: (�114L) 6 90 - 3312 1 Contract Amount*: 5, bo no mo Ce` Year: o - 'Shi rte Description of equipment and services provided: Lti.nd�ca � r^�}2'rKt✓KP OPTIONAL ADD -ON PARK LOCATIONS — 6 PARKS Site Location Cost/Mo. Cost/Yr. Deviations 1 Santa Anita Park 300 S. Figueroa Street 9�5rpf l0 CID 2 Cesar Chavez/ Campesino Park 3311 W. 5 Street -711 '3 q637.00 3 HeritagePark 4812W.Camille Street Qi(o 11 110al,ZL 4 Delhi Park 2314 S. Halhuiay Street 1 5 Riverview Park 1817 W. 21" street t Woq. 31 15171 • Z?/ Madison Park 1528 S. Standard Ave 1110.03 lLlOL66,3& Total 6 add -on parks SPECIALIZED SERVICES labor Hourly Wage 1 Landscape Lead Worker $ 0,2 ,00 2 Landscape Maintenance Worker $ 10, , Lp 3 Lead Tree Trimmer 4 Tree Trimmer $ Z C, 0, 5 h7igation Specialist asspecified) n x,C 6 'gation Assistant 7 QAC PesticideOrator 8 esticide Assistant Operator $ ? �, Total (1-8) $ B• Material/Equipment Purchases 1 Contractor's wholesale cost plus /o C. ump Fees Per Ton 1 Green Waste $ ormal Trash $ 3 eavy debris (requiring low boy) $ i Total 11 A Specialized Maintenance (includes labor, equipment, materials Per Acre 1 Turf fertilization using Best Turf Supreme 16-6-8 ® 1# actual nitro en per 1,000 sf $ ! �� 2 Turf aeration using tractor driven drum aerator $ QO 5 p4jmaml 3 Turf renovation/over seeding using Lesco Eagle brand rennial a ass with 95% germination $ qo l rl �J� {j 0 qua � d„ 4i ft� S . 25 4 Soil amendment by applying soil buster 0 $ °— p ao Total (1-4)$ 10, E. IPlanting Per Unit 1 4" box multi -trunk tree $ 00 2 4" box standard trunk tree OV $ .. 3 15 gallon tree $ 4 15 gallon shrub $ °O 5 5 gallon tree/shrub $ 8, — 6 1 gallon tree/shrub $ 00 7Flat of groundcover $ 00 8 " flat of annual cover ZZ. Total (1-8)$ Z. — i S ecial Ball Diamond Maintenance Per Unit 1 all diamond infield laser grading — little lea a/softball 2 Ball diamond infield laser grading — senior/junior diamond $ Ov 3 Ball diamond infield maintenance — little league/softball $ %,,° Rebuild batter's boxes 3" deep by regulation size using Hill To r stabilizer $ 31 R ` t 5 Rebuild pitcher's mound 3" deep by regulation size using ill Topper stabilizer $ Z4q5 00 Total (1-5)$ njO, -* No e_ool< pv_� P 12 V. PROPOSAL FORM Responses to this Request for Proposal are due at 5:00 p.m, Friday, May 13, 2005. The undersigned contractor agrees to provide landscape and grounds maintenance at City parks in accordance with the specifications. I[We have stated herein the services and fees that Uwe will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section IL Where there is a discrepancy between words and figures, words shall govern. The City of Santa Ana reserves the right to cancel any agreement ' the event that terms of this agreement are violated. .Waln rI ('-racd e ii� Name of Contractor (Person, Firm, Corp.) lr . -l7 Te bo Number 13 Signature Val�To.0 c4c, - (nna. sec Name and Title (Please Print) ;d 110.5 Date (-7 14) -LS71 416: F er E=BIT "B" CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the company listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: To take affirmative steps to hire minority employees with the company. 1 To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. COMPANY4':7 P i TITLE OF PERSON SIC SIGNATURE DATE!; Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 14 LLWITED POWER OEATTORNEV Not VaUd for Bonds Executed On orAfter: JMUAxy llsT, 2006 Power of Atterney S ... Company -(the "CompWy. aecuntypapm^with' lee'Ratidrediuk=dbearsthaeealofCoatraotoraAoiidia aaukiaa'&tnaa¢c pau}r}• The original documout contains &watermark with the letters "eblor embedded in thapapar ndber thaaprinted upon it, The watermark appears in the blank spacebeneath the words "Limited Power of Attorney°' at the top o visible whenthedocument isheld tothe light This document isvoid ef the document is the bond bearing the mmtber indieaisdbelow, and provided also Oak the bond is of the type iwicated below. This d9cumcbt is valid only if the bond is executed on or before the data indioated abovre . KNOW ALL MEN HY THUM P$$SZWO, that the C400pany done hereby mwkay Constitute and appoint the follosrin6t A4boLA& A. kAPP � L1 11t, P. CQAi.'9 its true and lawful Attorney(s)-in»fetgt', with lull p,awat and du)'b6rityy hereby Conferred'14 its name, plaos and staidl to; eoiecute, on bebalr of tits Company: (1) any and all bonds and uadartakiag8 of'satretpahip give4,for any purpose, provided, however, that no suoh person shall'be aathoriaaid to exaoute and deliver any bond or undertaking that sh4ll'6bli"g4tg the C;om$*Vy for any Portion of the penal stun thereof in exodas of #10,'eOO,000, 'end provided, further, that to Attorney-iu-Ba¢t shall have the authority ta'i*sue.e bid or proposal bond for any project V16re, it a coattractt is awarded, any bond or undertaking would be required with penal am in exet"o of '$iD,006,00Or and (21 consents, releaaas 'and other aitdi,iaz docttireato rosInirad by 'am obligie under a contract bonded by the.tac,,paaaay. This appointment is made under theauthntity of the Hoard of Directors of the Company. ----- -___..--------------------------------------------------------------------------- - CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, futhermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. tend Number Bid Bond Signed and sealed this 12th day of May 2005 R KFrk Etar SF c-n wy CBIC a 1213 Valley Street e P,O. Box 9271 a Seattle, WA 98109-027I (206) 622-7053 a (8W) 765-CHIC ('Poll Free) a (800) 95U-1558 (FAX) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On MAY 12 Z005 , before me, CUISTM 14. RAPP, NOTARY PUB11C Dale N81T8 arxl Tge d OMcer (e.g..'Jane Doe, Ndary Publk� personally appeared LJIWA D. COATS Narrate) of SlpnerM M personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are aLL°r GNRISTINEM.RAPP subscribed to the within instrument and r t f° °, COMM. i/ f 49a518 i0 acknowledged to me that he/she/they executed w NOTARYPUe IGCAtJFORNIA the same in his/her/their authorized ` ORANGE COUNTY N ca acity(es) y l, and that b his/her/their � ° My Cvmm. Fxgne JULV 9, 300A p signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WJ;TWSS my, hand and official seal. !�, Place Wary Seal Move OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this foml to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: e ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is.Representing: 0 IM WIMP XWery AUMPibn•bSSa Ca Soto Ave., P.O. Box 24M•ClWe h,CA913WY •xw+'_ne,brulrWarywa Prw. No.S Re r. Cal Td Frea 1 f100>8 -0921 Bond No. Bid Bond �G The American Institute of Architects, ALA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Midon Gardens, Inc. as Principal hereinafter called the Principal, and Contractors Bonding and lasuntace Company a corporation duly organized under the laws of the state of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Sams Ana as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars (S wo/0 ), 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 and Grounds Maimenance @ City Owned Parks NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obhgee 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 famished in the prosecution thereof or in the event of the failue 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 this 12th day of May I 2005 ORSC 21328 (5/97) Witness Kdori GaVens, Inc Principal (Seal) By Namefritle Conmadors Bonding and Insurance Compatry Sure (Seal) Witness By: \ ISYI'k, h Linda D. Coats Anorcey-in Fact EXHIBIT D 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: I. 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 this endorsement form as a part of Named Insured Countersigned by Authorized Representative JUL701-2005 02:05 PM MIDORI.GRRDENS 714 751 9170 P.06 Clluw• sDReI IeNNYM, eM A 02M.. CERTIFICATE OF LIABILITY INSURANCE, e U&40baarenseSenAcea 2M TeeRndopy A^ye IlvUre, cA U818 flcA TT ONLYANpcON RaNO IGNTaUFON1NECER ATp! HOLALTER TNS C011! me AAr►O toEDaTTI�1E POiItN! K Op1v. "t790.02GO INSURFAS ufORDN+o GaVERAOi NNO0 M D Wdorl Gardena seal sown Main SWool sM,a Ma, CA osTOT INeuAEo A. St Paul MatOaglnaOT co gpY1 24701 M,ulsIr I uR R( CCA'KAAAaa THE POLICIES OF INOURAACE LISTED BELOW'" BEEN'O&Vr.D TO THa INSLR$O NAMED ABO4t FOR THE POLICY IOD INDICATED HOTYATHOTANOMO ANY ASQUREMINI TERM OR CONDITION OF AMY CONTRACT CIA OTHER OW WENT WITH ROOPECT TO WNICM TWO OPTIFICATE MAY 06 SKSO OR WAY PERTAM," INSURANCE AFFOROln by TIC POLW45 DESCAIfiEO IMRSIN IS SUSAGT TO ALL THE TERNS. EXCLUSIONa ANO COPINTIONa OP OUCH POLICIES, AGGREGATE LIMIT! BROWN MAY MAN BEEN REDUCEO NY PAO aWMS. TYF 4 r4LYY NOMIRWKa"m-rwm2wLMTI ovet/OS 0E Ims A a NIRA UAWLITV CKO0101654 (AOHOeOURREHOr 5100,919 CO,LW ILRy eINNA HARE OCCUR NED EXA X !Cggm&g sw N+ [ lllPO DedL1,000 '_— pHeuL AoegoAYS umsm OSkI[OORE(Y LMIT Ife"R. NAO Vtre COvr10FAG0 lCr O C OYDet[IWaAT ANI W IO -- COMaRlOA11gM VPIT 14 MNrI 1 Revpep,ALYWRAY DI��Io+N [ aT oa4ce Au•x en+tOI.:AOµre, WDILV AIURY {M �IYNt 1 RA(O 4R6e NDh4NW(DAVT01 (W mov-4 MAC 1 WADE MMIRITY AUTO aN Y, EA ADO,DS4 1 via nIRN uAVO D%Y Allf MYNrtD , MIO "Wnq[LMUA(RRY acccA ❑wlxs vAae VAeh CURAEHeE e M [ e seeuvleli r fi AMAANA COIe[NIAm4 M0 V G N I.Y , IMLeYwe'lIM0.T' ANY RIODARTaN+JYiNiw[AeCRTWe OPRD/WENIM OL'A UOF]1 d /r!. A OT L •FO ICY ,T 1 II Ne er OTAM 941I001I1 W P pFNNm41, LOGTNReIMealal I INCL1eOw Aae(D n D1DOReeMM11 aMCML AeoNeONe 46100pt For 10 days ztlos o1 combustion for Iron payment of preavlmL Clpt of Santo Ma, Its nFnr+Ts,ayenla,empleyeea and velonaWO are iRoludsd No eddldonW IMued 0e rospoea General LlaUlli6l• City of Sonts Ana, Forks, Reaaallon { CoalmtlnRy EMMoes AOenoy M23 E6E W. Santa Ana Blvd.tnd Facer FOB 1988 Lucv Castillo t of E APPIkOVf D AS TO FORM Laura MAL hecdy L. iv Attnrncv LOAMY a fw AaaN 01(OAMSa FOLAIa � CAInILwfFMSM aYMATeN N(wel,T4l a/UeO WUNAWINeAIeOaew MAtt ,,Q. bArA MRIYMe '1 TOTNt C(RiN,cATe NOLORR NAa1O Tp Tw LIFT, 17fQ MNd41I JUL-01-2005 02C05 PM MIDORI_GHRDFNS ••e. �u v. 714 ?51 91?0 P.07 to � i 4•�C IMtC11NfD FIRM OR OMMIZATIgN iApORItBW — tf ANITMO11. FROMM MI O NS This endorsement changes your Commerelai General Liability Protection. Now Coverage Is Chaepa We explain what we mean by your work In the Product@ and completed work total Ilmit The following is added to the Who Is Protected section. Under This Agreement section, This change adds certain protected persons end limits their protection. Otllu Term 0a@cr1YN paraea M epauetl@e. The person or All other terms of your policy remain the some, organization shown In the Coverage Summary as a described person or organization is a protected person. But only for covered injury or damage that resuits from; *premises you own, rent or lasso; or *your work APPROVED AS FO rORNI r Laura Stitt Shecdy _ Flsair'danl i, IV Attu•.irc 43360 Ed.7-85 Printed in U.S,A. Endorsement eSLPaul Fire and Marine Insurance C0.1866 Page 1 of 1 SUL, 01-2005 02:01 PM MIDDRI_GORDENS 714 751 91 TO pionu ✓i vi. iJll IMPORTANT If the dardgcate herder is an ADDITIONAL INSURRI2. the poI1W(ieajmwl pa sndaead. Astatement on this certificate Post not condor rights to the car Slats holder In lieu of such anatNstmera(eJ If SUBROGATION IS W"D, suWact to the Ism $ and ooncidons of the policy. oeffain Wiest may require an emloraemeol. A stawwrnt on this eaWnoaN due not panfor fights to the cer"ats holder In Illy of auoh sedonahfent(a). DISCLAIMER The names!! of Insuranaa on the (wens side of mis tlrm does rot constf ufe a contrast aattrw the Issuing Ineurerie), autfterlied repleteness" or producer, and the carlHleate holder, nar does it oftirmatrvety or negatively amend, extend or after the coverage altofded by ow policies #tied q+eroen �1't'ROVtiI) AS TO FORM y.t11i0. $tilt si cedY „„slant 1-�1`' Attorne}' 2 of ,JUL— 01-2005 02:06 PM MID ORI.GARDENS •� 714 751 9170 P. 09 AION-GOIIRRmnw MW N•.AAM FOR �loili 0I11c11 m ANIT1pN11t PROTICTIO "MKS This andorsement changes your Commercial General Vabloty Protection. Now casserw Is charged The following la added to the Other Insurance section, This change broadens coverage for certain additional protected persons. If you've specifically agreed In a written contract that this agreement must be primary to and non-comributory with other Insurance issued directly to a described additional protected person, we won't shers with that other Insurance any damages incurred by that described additional protected person tor: NP-0 or W_ _ e bodily Injury or property damage covered by this agreement that happens after that written Contract was made, or a personal Injury or advertising injury covered by this egreament that's caused by an offense committed after that written contract was made. Dmwlbed dddrl/kisael protected pertw means any person or organization, other then you, who: • Qualifies es a protected person under this agreement and • to named or described below. Airy person or ocgaoization Thor you are required to add as to additional insured to this agreement under a written contract: 1. Currently in offset or ranch will beaoas effective during the term of this agreement, and 2. Executed prior to the event which results in bodily injury or property damage, or the offouse which results in personal injury or advertising injury. APPROVED AS 'TO FORM �— Laura Stitt Sheedy „ntaut City rlttarncs Dow Tema Ali other terms of your policy remain the some. wage of tweed PeNcy Nultler CKDOI01554 affective Oslo 06/01/05 MID01I GOWS INC PrOCesaing Oats 06/01/05 09t26 001 00435 Ed. d-00 Printed In U.S.A. Endorsement •SLPaul Fire and Marina Insurance Co. 2000 All Rights Reserved Page I of 2 „JUL701-2005 02:07 PM MIDORI.GHRDENS Cp►Y 71 a 751 9170 P.10 briftid Additional Protected Parsons DESCg1aED PUSON 01 OROMIZAIIDNI Any person or organization when you are required to add as an additional insured to this agreement under a written contract; 1, Currently in affect or which will became effective during the term of this agreement, and 2. Executed prior to the avant which reaulto in bodily injury or property damage, or the offense whieb results in personal injury or advertising injury. AS �a Suic �,;istant Li-y vMw to Inured PWkv Ittaalar CKD8101554 NhMI Batt 06/01/05 ttIDORI WDW INC Pra ng% Bye 06/01/05 09:6 001 ♦0502 td.i-go Primed in U.S.A. Customized form eSt.Paul Firm and Merine Insurance Co.1000 All Rlghte Reserved Page 1 JUL-01-2005 02:03 PM MIDORI.GORDENS v 1_1 A I VR rl`IJVfV\IVVC 714 751 9170 P.04 D6RW1008� GEORGE L. BROWN INSURANCE AGENCY P.O. BOX SD60 SAN CLEMENTE, CA 9W4-WW (BLS) 361-I4DD FAX (BOB) 301-2767 MIDORI GARDENS, INC 32318 MAIN SANTA ANA, CA 92707 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICAT. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY B SAFECO INSURANCE CO COMPANY THIS IS TO CERTIFY THAT ME FMIC1E30F INSURANCE LISTED BELOW HAVE BEEN 1116UEO TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, HOiWITH3TMOW0 ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY Be ISSUED OR MAY PERTAW, ME INSURANCE AFFORDED BY ME POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANDCONDRMONS OF SUCH PM)CIEs LIMOS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS, "O TR TYPE OF WSURANCE _ GENERAL LIABILITY MERCIAL GENERAL LIABILITY CLAIMSMADE L�� OCCUR OWNCONTRAC10R3 RIOT, tAUT�O�MOSILE POLICY NUMBER POLICY EFFECTNE DATE(MMOOM POLICY EXPIRATtON •I DATE(MWDWM LMITS DENBRAL ADDREonTE s PgpDUCTSWMPIDP Al.. i _— PERSONAL /AOV WJURY f EACH OCCURRENCE _ 'L _ FIRE DAMAOE(A.10m, FVR) s MEO EJ(PENW(A.V one Pmw f g ' LIABILITY UTO OWNED AUTOS SCHEOULEDAUMB HIRED AUTO$ NON -OWNED AUT08 O10E58BJS1.7 JUNIW JUN1� COMBINED MOLE LwR i 1DDDOCD BOWLY WVURY Mx ►FMPnI f X 'SODILY INJURY IPM AccYMnD i X ERTY DAMAGE f GARAGE LIABILITY ANY AUTO Yy Appjj,ClV.':(3 .. :j. `Y i� - i \,': r..'vY oNLr - EA AOaoENT JOTHER s THAN AUTO ONLY. EACR ACCIDENT i AOOREOATE f EX ESSLIABILITY UMBRELLA FORM IaTHER THAN UMBRELLA FORM - ,Tura ;�.. .-� EACHOCCURRENCE s AGGREGATE f WORKER'S COMPENSATION ANO EMPLOYERS' LIABILITY TH FA E TNEA UPpOPRIET'Ow TIVE INOL OFFICERS ARE E%CL LTATUTONYLIMITS EACH ACCIDENT f asEASEJIWIGY LNMT f dSEASEH?ACH EMPLOKE i OTHER----�---� DESCRIPTION OF OPERATKIN&U C TK)NBVEHR:LEBISPECML ITEMS THE CITY OF SANTA ANA, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS AS PER ATTACHED ENDORSEMENT CITY OF SANTA ANA 'ARKS, RECREATION & COMMUNITY SERVICES -AGENCY- M23 888 W. SANTA ANA BLVD., 2ND FLOOR P.O. BOX 1988 SANTA ANA, CA 92702 RHO LD ANY OF THE ABOVE DESCRIBED POLICIES EE CANCELLED BEFORE ME p(PIRATION we THEREOF, THE ISSUINO COMPANY WILL ENDEAVOR TO MAIL W DAYS WRITTEN NOTICE TO ME CEMMICATE MOLDER NAMED TOTHE LEFT BUT FAILURE TO MALL SUCH NOTICE SHALL IMPOSE ND OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR RW REMMATWE6. MDAV NOTICE OF CANCELLATION OF PREMIUM JUL-01-2005 02:04 PM MIDORI.GHRDENS 714 751 9170 P.05 POLICY NUMBER: 910E88fn1-7 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: CITY OF SANTA ANA PARKS, RECREATION 3 COMMUNITY SERVICES AGENCY- M23 888 W. SANTA ANA BLVD., 2ND FLOOR P.O. BOX lose SANTA ANA, CA 92702 WHO IS AN INSURED (Section 11) Is amended to include as an insured the person or organization shown In the Schedule as an Insured but only with rasped to liability arising out of the ownership, maintenance, or use of a covered "auto". THE CITY OF SNATA ANA ITS OFFICERS. AGENTS, EMPLOYEES AND VOLUNTEERS THE INSURANCE PROVIDED BY THIS ENDORSEMENT SHALL BE CONSIDERED PRIMARY INSURANCE AND ANY OTHER INSURANCE CARRIED BY THE CITY SHALL BE CONSIDERED NON-CONTRIBUTORY. k1111ROVEI) AS TO FORM r ruru Stitt St,ccdy :.r,a: City t U.or-�c�• Copyright, Insurance Services Office, Inc. 1984 JUL701-2005 02:02 PM MIDORI.GARDENS 714 751 9170 P•02 �lLCu CERTIFICATE OF LIABILITY INSURANCE I 06/27ATE nOO'G —T. 06/27/2005 Seymour ` Parker Ins License NOSS4959 272DO Tourney Rd Ste 26S Sal Clarita, CA 9115S Robyn Thorne vnLT AMU %;WMPCna MU NIUMID UrUN I He VICKIErICA IC HOLDER. THIS CERTIPICATE DOES NOT AMEND, EXTEND I ALTER THE COVERAGE AFFORDED BY THE POLICIES ML INSURERS AFFORDING COVERAGE NAIC0 INSURED' H Obi Gardens 3231 Main St Santa Ana, CA 92707 INSURERA Redwood Fire S Casualty INSURER B. INSURER INSURER D VERAGES 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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Of SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I N °° ttPE OF Ix6URANCE POLICY NUMBER FE POLKVFa uwn GENERAL LIABILITY EACH OCCURRENCE 6 COMMERCIAL OFNERAL LIABILITY AfMO TO RENTED 6 CLAIMSMADE 0 OCCUR WO EXP (My PPI6DA) S PERSONAL A AM INJURY S GENERAL AGGREGATE I OENL AGGREGATE LIMIT APPLES PER PRODUCTS -COMP,OP AGO 6 POLICY PECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (EF awdPAp BODILY INJURY (PM W.j 6 ALL OWNED AUT 06 SCHEDULEDAUTOS H IREO AUTOS NON -OWNED AUTOS BODILY INJURY IT (PEmdMAI 6 PROPERTY DAMAGE IPM ACGXAM) 6 —_ OARAGE LIABILITY AUTO ONLY EAACCIDENT 1 OTHER THAN EA ACC. 6 ANY AUTO AUTO ONLY ADD 6 EXCEDS ORfiLLA LIABILITY EACHOCCURRENCE I OCCUR ❑CLAMS MADE AGGREGATE S 6 6 DEDUCTIBLE 6 RETENTION 6 WORKERS COMPENSATION AND WS633392 06/01/200S 06/01/2006 X ATu- TH. TONEL A EMPLOYERS' PRORE TO"ALIABILITY ANY PgOPPIETOR/PMTNENEXECUTIVE Of HCERRAEMSFR EKCLUDEDT P,06, ft.R A PM6, EACH ACCIOENT 6 1 000 00 EA DISEASEEAEMPLOYEE 6 1,000 00 EL DISEASE POLICY LIMIT 6 1 000 D SPECIAL PROVISIONS DNAw OTHER Ten (10) day notice IF cancelled for non-payment of premium. OESCRIPMN OF OPERATIONS, LOCATIONS I VEHICLES I EXCLUSIONS ADDED SY ENDORSEMENTI L SIONS /V 2 `i ✓i..�✓ _.__ Laura SLia Sficedy Asslaant lijv :Vt^T Ic� City of Santa Ana Parks, Recreation a Community Services Agency -M23 999 W. Santa Ana Blvd., end Floor Santa Ana, CA 22702 SHOULD ANY OF THE ABOVE DFICRmED POLITIES BE CANCELLED BEFORE THE EXPRIAMN DATE THEREOF, THE IBBUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS L'JRTRBN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UAB UTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESSNTATNES. ACORD 251200110a) FAX: (714)S71-4248 CACORD CORPORATION 1908 S LIL-01 -2005 02:03 PM MI DORI GRRDFNS 714 751 9170 P.03 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and condhlons of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract oetween the issuing msurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25 (200110e) CONSENT CALENDAR Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.A. through 25.N.) 25.A. AGMT 2005-112 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-01 - With Oscar and Mary Catherine Estrada for the structure located at 926 North Olive Street - Planning & Building Agency 25.13. AGMT 2005-113 - SECURITY MANAGEMENT SYSTEM AT WEST RESERVOIR - With SecSol, Inc. in the amount of $171,638 plus a contingency of $17,200 for a total project amount not to exceed $188,838 - Public Works Agency 25.C. AGMTS 2005-114 AND 2005-126 - ANNUAL CONTRACT FOR TRAFFIC COUNTING SERVICES (PROJECT NO. 5512) - With Southland Car Counters, Inc. and Transportation Studies, Inc. in an amount not to exceed $50,000 each, with an option to extend the agreements for one additional year - Public Works Agency 25.D. AGMT 2005-115 - LANDSCAPE AND GROUNDS MAINTENANCE - Execute a two-year agreement with Midori Gardens in an annual amount not to exceed $437,976, with a provision for one, three-year renewal - Parks, Recreation & Community Services Agency (Councilmember Alvarez Voted No on Item 25D) 25.E. AGMT 2005-116 - MEMORANDUM OF UNDERSTANDING - Execute an agreement with the Service Employees' International Union, Chapter 1939, Local 347, AFL-CIO for wages, hours and other terms and conditions of employment - Personnel Services Agency 25.F. AGMTS 2005-117, 2005-127, AND 2005-128 - ON -CALL TRAFFIC ENGINEERING SERVICES - Execute one year amendments to agreements with RBF Consultants, IBI Group, and FPL & Associates in an amount not to exceed $175.000 for each firm - Public Works Agency 25.G. AGMT 2005-118 - CUSTODIAL MAINTENANCE SERVICES AT THE DEPOT - With Pacific Building Care for a twenty-four month period with three 12-month renewals in an annual amount of $107,280 - Community Development Agency (Councilmember Alvarez Voted No on Item 25G) CITY COUNCIL MINUTES 199 JUNE 6, 2005